[House Report 105-155]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-155
_______________________________________________________________________


 
     JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT OF 1997

                                _______
                                

 June 26, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. Goodling, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                     DISSENTING AND MINORITY VIEWS

                        [To accompany H.R. 1818]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 1818) to amend the Juvenile Justice and 
Delinquency Prevention Act of 1974 to authorize appropriations 
for fiscal years 1998, 1999, 2000, and 2001, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Juvenile Crime 
Control and Delinquency Prevention Act of 1997''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

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

Sec. 101. Findings.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Name of office.
Sec. 105. Concentration of Federal effort.
Sec. 106. Coordinating Council on Juvenile Justice and Delinquency 
Prevention.
Sec. 107. Annual report.
Sec. 108. Allocation.
Sec. 109. State plans.
Sec. 110. Juvenile delinquency prevention block grant program.
Sec. 111. Research; evaluation; technical assistance; training.
Sec. 112. Demonstration projects.
Sec. 113. Authorization of appropriations.
Sec. 114. Administrative authority.
Sec. 115. Use of funds.
Sec. 116. Limitation on use of funds.
Sec. 117. Rule of construction.
Sec. 118. Leasing surplus Federal property.
Sec. 119. Issuance of Rules.
Sec. 120. Technical and conforming amendments.
Sec. 121. References.

       TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT

Sec. 201. Findings.
Sec. 202. Authority to make grants for centers and services.
Sec. 203. Eligibility.
Sec. 204. Approval of applications.
Sec. 205. Authority for transitional living grant program.
Sec. 206. Eligibility.
Sec. 207. Authority to make grants for research, evaluation, 
demonstration, and service projects.
Sec. 208. Temporary demonstration projects to provide services to youth 
in rural areas.
Sec. 209. Sexual abuse prevention program.
Sec. 210. Assistance to potential grantees.
Sec. 211. Reports.
Sec. 212. Evaluation.
Sec. 213. Authorization of appropriations.
Sec. 214. Consolidated review of applications.
Sec. 215. Definitions.
Sec. 216. Redesignation of sections.
Sec. 217. Technical amendment.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 301. Duties and functions of the Administrator.
Sec. 302. Grants for prevention programs.
Sec. 303. Repeal of definition.
Sec. 304. Authorization of appropriations.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Effective date; application of amendments.

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

SEC. 101. FINDINGS.

  Section 101 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601) is amended to read as follows:
                               ``findings
  ``Sec. 101. (a) The Congress finds the following:
          ``(1) There has been a dramatic increase in juvenile 
        delinquency, particularly violent crime committed by juveniles. 
        Weapons offenses and homicides are 2 of the fastest growing 
        crimes committed by juveniles. More than \1/2\ of juvenile 
        victims are killed with a firearm. Approximately \1/5\ of the 
        individuals arrested for committing violent crime are less than 
        18 years of age. The increase in both the number of youth below 
        the age of 15 and females arrested for violent crime is cause 
        for concern.
          ``(2) This problem should be addressed through a 2-track 
        common sense approach that addresses the needs of individual 
        juveniles and society at large by promoting--
                  ``(A) quality prevention programs that--
                          ``(i) work with juveniles, their families, 
                        local public agencies, and community-based 
                        organizations, and take into consideration such 
                        factors as whether or not juveniles have been 
                        the victims of family violence (including child 
                        abuse and neglect); and
                          ``(ii) are designed to reduce risks and 
                        develop competencies in at-risk juveniles that 
                        will prevent, and reduce the rate of, violent 
                        delinquent behavior; and
                  ``(B) programs that assist in holding juveniles 
                accountable for their actions, including a system of 
                graduated sanctions to respond to each delinquent act, 
                requiring juveniles to make restitution, or perform 
                community service, for the damage caused by their 
                delinquent acts, and methods for increasing victim 
                satisfaction with respect to the penalties imposed on 
                juveniles for their acts.
  ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts. Without true reform, the criminal 
justice system will not be able to overcome the challenges it will face 
in the coming years when the number of juveniles is expected to 
increase by 30 percent.''.

SEC. 102. PURPOSE.

  Section 102 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5602) is amended to read as follows:
                               ``purposes
  ``Sec. 102. The purposes of this title and title II are--
          ``(1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
          ``(2) to assist State and local governments in promoting 
        public safety by encouraging accountability for acts of 
        juvenile delinquency; and
          ``(3) to assist State and local governments in addressing 
        juvenile crime through the provision of technical assistance, 
        research, training, evaluation, and the dissemination of 
        information on effective programs for combating juvenile 
        delinquency.''.

SEC. 103. DEFINITIONS.

  Section 103 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5603) is amended--
          (1) in paragraph (3) by striking ``to help prevent juvenile 
        delinquency'' and inserting ``designed to reduce known risk 
        factors for juvenile delinquent behavior, provides activities 
        that build on protective factors for, and develop competencies 
        in, juveniles to prevent, and reduce the rate of, delinquent 
        juvenile behavior'',
          (2) in paragraph (4) by inserting ``title I of'' before ``the 
        Omnibus'' each place it appears,
          (3) in paragraph (7) by striking ``the Trust Territory of the 
        Pacific Islands,'',
          (4) in paragraph (9) by striking ``justice'' and inserting 
        ``crime control'',
          (5) in paragraph (12)(B) by striking ``, of any 
        nonoffender,'',
          (6) in paragraph (13)(B) by striking ``, any non-offender,'',
          (7) in paragraph (14) by inserting ``drug trafficking,'' 
        after ``assault,'',
          (8) in paragraph (16)--
                  (A) in subparagraph (A) by adding ``and'' at the end, 
                and
                  (B) by striking subparagraph (C),
          (9) by striking paragraph (17),
          (10) in paragraph (22)--
                  (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively, 
                and
                  (B) by striking ``and'' at the end,
          (11) in paragraph (23) by striking the period at the end and 
        inserting a semicolon,
          (12) by redesignating paragraphs (18), (19), (20), (21), 
        (22), and (23) as paragraphs (17) through (22), respectively, 
        and
          (12) by adding at the end the following:
          ``(23) the term `boot camp' means a residential facility 
        (excluding a private residence) at which there are provided--
                  ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training.
                  ``(B) regular, remedial, special, and vocational 
                education; and
                  ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems;
          ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives and services) applicable to juveniles within the 
        juvenile justice system to hold such juveniles accountable for 
        their actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions for 
        every act for which a juvenile is adjudicated delinquent, by 
        inducing their law-abiding behavior, and by preventing their 
        subsequent involvement with the juvenile justice system;
          ``(25) the term `violent crime' means--
                  ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery, or
                  ``(B) aggravated assault committed with the use of a 
                firearm;
          ``(26) the term `co-located facilities' means facilities that 
        are located in the same building, or are part of a related 
        complex of buildings located on the same grounds; and
          ``(27) the term `related complex of buildings' means 2 or 
        more buildings that share--
                  ``(A) physical features, such as walls and fences, or 
                services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                  ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28 of the 
                Code of Federal Regulations, as in effect on December 
                10, 1996.''.

SEC. 104. NAME OF OFFICE.

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

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

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

SEC. 105. CONCENTRATION OF FEDERAL EFFORT.

  Section 204 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5614) is amended--
          (1) in subsection (a)(1) by striking the last sentence,
          (2) in subsection (b)--
                  (A) in paragraph (3) by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'',
                  (B) by striking paragraph (5), and
                  (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively,
          (3) in subsection (c) by striking ``and reports'' and all 
        that follows through ``this part'', and inserting ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'',
          (4) by striking subsection (i), and
          (5) by redesignating subsection (h) as subsection (f).

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

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

SEC. 107. ANNUAL REPORT.

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

SEC. 108. ALLOCATION.

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

SEC. 109. STATE PLANS.

  Section 223 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5633) is amended--
          (1) in subsection (a)--
                  (A) in the 2nd sentence by striking ``challenge'' and 
                all that follows through ``part E'', and inserting ``, 
                projects, and activities'',
                  (B) in paragraph (3)--
                          (i) by striking ``, which--'' and inserting 
                        ``that--'',
                          (ii) in subparagraph (A)--
                                  (I) by striking ``not less'' and all 
                                that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'',
                                  (II) by inserting ``, in consultation 
                                with the attorney general of the State 
                                or such other State official who has 
                                primary responsibility for overseeing 
                                the enforcement of State criminal 
                                laws'' after ``State'',
                                  (III) in clause (i) by striking ``or 
                                the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile 
                                delinquency'',
                                  (IV) in clause (ii) by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile delinquency and may 
                        include--
                                  ``(I) individuals who represent units 
                                of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, 
                                representatives of juveniles, or 
                                nonprofit private organizations, 
                                particularly such organizations that 
                                serve juveniles; and
                                  ``(II) such other individuals as the 
                                chief executive officer considers to be 
                                appropriate; and'', and
                                  (V) by striking clauses (iv) and (v),
                          (iii) in subparagraph (C) by striking 
                        ``justice'' and inserting ``crime control'',
                          (iv) in subparagraph (D)--
                                  (I) in clause (i) by inserting 
                                ``and'' at the end,
                                  (II) in clause (ii) by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)'', 
                                and
                                  (III) by striking clause (iii), and
                          (v) in subparagraph (E) by striking ``title--
                        '' and all that follows through ``(ii)'' and 
                        inserting ``title,'',
                  (C) in paragraph (5)--
                          (i) in the matter preceding subparagraph (A) 
                        by striking ``, other than'' and inserting 
                        ``reduced by the percentage (if any) specified 
                        by the State under the authority of paragraph 
                        (25) and excluding'' after ``section 222'', and
                          ``(ii) in subparagraph (C) by striking 
                        ``paragraphs (12)(A), (13), and (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'',
                  (D) by striking paragraph (6),
                  (E) in paragraph (7) by inserting ``, including in 
                rural areas'' before the semicolon at the end,
                  (F) in paragraph (8)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile delinquency 
                                problems in, and the juvenile 
                                delinquency control and delinquency 
                                prevention needs (including educational 
                                needs) of, the State'',
                                  ``(II) by striking ``justice'' the 
                                second place it appears and inserting 
                                ``crime control'', and
                                  (III) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'',
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) contain--
                          ``(i) a plan for providing needed gender-
                        specific services for the prevention and 
                        treatment of juvenile delinquency;
                          ``(ii) a plan for providing needed services 
                        for the prevention and treatment of juvenile 
                        delinquency in rural areas; and
                          ``(iii) a plan for providing needed mental 
                        health services to juveniles in the juvenile 
                        justice system;'', and
                          (iii) by striking subparagraphs (C) and (D),
                  (G) by amending paragraph (9) to read as follows:
          ``(9) provide for the coordination and maximum utilization of 
        existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;'',
                  (H) in paragraph (10)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``, specifically'' 
                                and inserting ``including'',
                                  (II) by striking clause (i), and
                                  (III) redesignating clauses (ii) and 
                                (iii) as clauses (i) and (ii), 
                                respectively,
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;'',
                          (iii) in subparagraph (C) by striking 
                        ``juvenile justice'' and inserting ``juvenile 
                        crime control'',
                          (iv) by amending subparagraph (D) to read as 
                        follows:
                  ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;'',
                          (v) in subparagraph (E)--
                                  (I) by redesignating clause (ii) as 
                                clause (iii), and
                                  (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``juveniles--
                          ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                          ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and'',
                          (vi) by amending subparagraph (F) to read as 
                        follows:
                  ``(F) expanding the use of probation officers--
                          ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                          ``(ii) to ensure that juveniles follow the 
                        terms of their probation;'',
                          (vii) by amending subparagraph (G) to read as 
                        follows:
                  ``(G) one-on-one mentoring programs that are designed 
                to link at-risk juveniles and juvenile offenders, 
                particularly juveniles residing in high-crime areas and 
                juveniles experiencing educational failure, with 
                responsible adults (such as law enforcement officers, 
                adults working with local businesses, and adults 
                working with community-based organizations and 
                agencies) who are properly screened and trained;'',
                          (viii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'',
                          (ix) by amending subparagraph (K) to read as 
                        follows:
                  ``(K) boot camps for juvenile offenders;'',
                          (x) by amending subparagraph (L) to read as 
                        follows:
                  ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;'',
                          (xi) by amending subparagraph (M) to read as 
                        follows:
                  ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;'',
                          (xii) by amending subparagraph (N) to read as 
                        follows:
                  ``(N) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;'',
                          (xiii) in subparagraph (O)--
                                  (I) in striking ``cultural'' and 
                                inserting ``other'', and
                                  (II) by striking the period at the 
                                end and inserting a semicolon, and
                          (xiv) by adding at the end the following:
                  ``(P) a system of records relating to any 
                adjudication of juveniles less than 18 years of age who 
                are adjudicated delinquent for conduct that would be a 
                violent crime if committed by an adult, that is--
                          ``(i) equivalent to the records that would be 
                        kept of adults arrested for such conduct, 
                        including fingerprints and photographs;
                          ``(ii) submitted to the Federal Bureau of 
                        Investigation in the same manner as adult 
                        records are so submitted;
                          ``(iii) retained for a period of time that is 
                        equal to the period of time records are 
                        retained for adults; and
                          ``(iv) available on an expedited basis to law 
                        enforcement agencies, the courts, and school 
                        officials (and such school officials shall be 
                        subject to the same standards and penalties 
                        that law enforcement and juvenile justice 
                        system employees are subject to under Federal 
                        and State law, for handling and disclosing such 
                        information);
                  ``(Q) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts; 
                and
                  ``(R) programs designed to prevent and reduce hate 
                crimes committed by juveniles.'',
                  (I) by amending paragraph (12) to read as follows:
          ``(12) shall, in accordance with rules issued by the 
        Administrator, provide that--
                  ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                          ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                          ``(ii) juveniles who are charged with or who 
                        have committed a violation of a valid court 
                        order; and
                          ``(iii) juveniles who are held in accordance 
                        with the Interstate Compact on Juveniles as 
                        enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                  ``(B) juveniles--
                          ``(i) who are not charged with any offense; 
                        and
                          ``(ii) who are--
                                  ``(I) aliens; or
                                  ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;'',
                  (J) by amending paragraph (13) to read as follows:
          ``(13) provide that--
                  ``(A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or confined in any 
                institution in which they have regular contact, or 
                unsupervised incidental contact, with adults 
                incarcerated because such adults have been convicted of 
                a crime or are awaiting trial on criminal charges; and
                  ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adults in co-located facilities have been 
                trained and certified to work with juveniles;'',
                  (K) by amending paragraph (14) to read as follows:
          ``(14) provide that no juvenile will be detained or confined 
        in any jail or lockup for adults except--
                  ``(A) juveniles who are accused of nonstatus offenses 
                and who are detained in such jail or lockup for a 
                period not to exceed 6 hours--
                          ``(i) for processing or release;
                          ``(ii) while awaiting transfer to a juvenile 
                        facility; or
                          ``(iii) in which period such juveniles make a 
                        court appearance;
                  ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                          ``(i) in which--
                                  ``(I) such juveniles do not have 
                                regular contact, or unsupervised 
                                incidental contact, with adults 
                                incarcerated because such adults have 
                                been convicted of a crime or are 
                                awaiting trial on criminal charges; and
                                  ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults in co-located 
                                facilities have been trained and 
                                certified to work with juveniles; and
                          ``(ii) that--
                                  ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget);
                                  ``(II) has no existing acceptable 
                                alternative placement available;
                                  ``(III) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or transportation do 
                                not allow for court appearances within 
                                48 hours (excluding Saturdays, Sundays, 
                                and legal holidays) so that a brief 
                                (not to exceed an additional 48 hours) 
                                delay is excusable; or
                                  ``(IV) is located where conditions of 
                                safety exist (such as severe adverse, 
                                life-threatening weather conditions 
                                that do not allow for reasonably safe 
                                travel), in which case the time for an 
                                appearance may be delayed until 24 
                                hours after the time that such 
                                conditions allow for reasonable safe 
                                travel;
                  ``(C) juveniles who are accused of nonstatus offenses 
                and who are detained or confined in a jail or lockup 
                that satisfies the requirements of subparagraph (B)(i) 
                if--
                          ``(i) such jail or lockup--
                                  ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget); and
                                  ``(II) has no existing acceptable 
                                alternative placement available;
                          ``(ii) a parent or other legal guardian (or 
                        guardian ad litem) of the juvenile involved 
                        consents to detaining or confining such 
                        juvenile in accordance with this subparagraph; 
                        and
                          ``(iii) detaining or confining such juvenile 
                        in accordance with this subparagraph is--
                                  ``(I) approved in advance by a court 
                                with competent jurisdiction; and
                                  ``(II) is required to be reviewed 
                                periodically, at intervals of not more 
                                than 5 days (excluding Saturdays, 
                                Sundays, and legal holidays), by such 
                                court for the duration of detention or 
                                confinement;'',
                  (L) in paragraph (15)--
                          (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'', 
                        and
                          (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11) and (12)'',
                  (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'',
                  (N) by amending paragraph (19) to read as follows:
          ``(19) provide assurances that--
                  ``(A) any assistance provided under this Act will not 
                cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits) of any 
                currently employed employee;
                  ``(B) activities assisted under this Act will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                  ``(C) no such activity that would be inconsistent 
                with the terms of a collective bargaining agreement 
                shall be undertaken without the written concurrence of 
                the labor organization involved;'',
                  (O) by amending paragraph (23) to read as follows:
          ``(23) address juvenile delinquency prevention efforts and 
        system improvement efforts designed to reduce, without 
        establishing or requiring numerical standards or quotas, the 
        disproportionate number of juvenile members of minority groups, 
        who come into contact with the juvenile justice system;'',
                  (P) by amending paragraph (24) to read as follows:
          ``(24) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                  ``(A) an appropriate public agency shall be promptly 
                notified that such juvenile is held in custody for 
                violating such order;
                  ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                  ``(C) not later than 48 hours during which such 
                juvenile is so held--
                          ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                          ``(ii) such court shall conduct a hearing to 
                        determine--
                                  ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                  ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;'',
                  (Q) in paragraph (25) by striking the period at the 
                end and inserting a semicolon,
                  (R) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively, and
                  (S) by adding at the end the following:
          ``(25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 222 
        (other than funds made available to the state advisory group 
        under section 222(d)) that the State will reserve for 
        expenditure by the State to provide incentive grants to units 
        of general local government that reduce the caseload of 
        probation officers within such units, and
          ``(26) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to such juvenile that are on file in 
        the geographical area under the jurisdiction of such court will 
        be made known to such court.'', and
          (2) by amending subsection (c) to read as follows:
  ``(c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11), (12), (13), and (22) of subsection (a) 
in any fiscal year beginning after September 30, 1997, then the amount 
allocated to such State for the subsequent fiscal year shall be reduced 
by not to exceed 12.5 percent for each such paragraph with respect to 
which the failure occurs, unless the Administrator determines that the 
State--
          ``(1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State was not 
        in compliance; and
          ``(2) has made, through appropriate executive or legislative 
        action, an unequivocal commitment to achieving full compliance 
        with such applicable requirements within a reasonable time.'', 
        and
          (3) in subsection (d)--
                  (A) by striking ``allotment'' and inserting 
                ``allocation'', and
                  (B) by striking ``subsection (a) (12)(A), (13), (14) 
                and (23)'' each place it appears and inserting 
                ``paragraphs (11), (12), (13), and (22) of subsection 
                (a)''.

SEC. 110. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

  Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
          (1) by striking parts C, D, E, F, G, and H,
          (2) by striking the 1st part I,
          (3) by redesignating the 2nd part I as part F, and
          (4) by inserting after part B the following:

     ``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

``SEC. 241. AUTHORITY TO MAKE GRANTS.

  ``The Administrator may make grants to eligible States, from funds 
allocated under section 242, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed to 
prevent juvenile delinquency, including--
          ``(1) projects that assist in holding juveniles accountable 
        for their actions, including the use of neighborhood courts or 
        panels that increase victim satisfaction and require juveniles 
        to make restitution, or perform community service, for the 
        damage caused by their delinquent acts;
          ``(2) projects that provide treatment to juvenile offenders 
        who are victims of child abuse or neglect, and to their 
        families, in order to reduce the likelihood that such juvenile 
        offenders will commit subsequent violations of law;
          ``(3) educational projects or supportive services for 
        delinquent or other juveniles--
                  ``(A) to encourage juveniles to remain in elementary 
                and secondary schools or in alternative learning 
                situations in educational settings;
                  ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                  ``(C) to assist in identifying learning difficulties 
                (including learning disabilities);
                  ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                  ``(E) to encourage new approaches and techniques with 
                respect to the prevention of school violence and 
                vandalism;
                  ``(F) which assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                handicapped juveniles; or
                  ``(G) which develop locally coordinated policies and 
                programs among education, juvenile justice, and social 
                service agencies;
          ``(4) projects which expand the use of probation officers--
                  ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                  ``(B) to ensure that juveniles follow the terms of 
                their probation;
          ``(5) one-on-one mentoring projects that are designed to link 
        at-risk juveniles and juvenile offenders who did not commit 
        serious crime, particularly juveniles residing in high-crime 
        areas and juveniles experiencing educational failure, with 
        responsible adults (such as law enforcement officers, adults 
        working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
          ``(6) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to be retained in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
          ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances;
          ``(8) projects which leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
          ``(9) projects which provide for an initial intake screening 
        of each juvenile taken into custody--
                  ``(A) to determine the likelihood that such juvenile 
                will commit a subsequent offense; and
                  ``(B) to provide appropriate interventions to prevent 
                such juvenile from committing subsequent offenses;
          ``(10) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
          ``(11) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, and private nonprofit agencies 
        offering services to juveniles;
          ``(12) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
          ``(13) delinquency prevention activities which involve youth 
        clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
          ``(14) to establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing treatment plans 
        for juvenile offenders;
          ``(15) family strengthening activities, such as mutual 
        support groups for parents and their children;
          ``(16) programs that encourage social competencies, problem-
        solving skills, and communication skills, youth leadership, and 
        civic involvement;
          ``(17) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses; and
          ``(18) other activities that are likely to prevent juvenile 
        delinquency.

``SEC. 242. ALLOCATION.

  ``Funds appropriated to carry out this part shall be allocated among 
eligible States as follows:
          ``(1) Fifty percent of such amount shall be allocated 
        proportionately based on the population that is less than 18 
        years of age in the eligible States.
          ``(2) Fifty percent of such amount shall be allocated 
        proportionately based on the annual average number of arrests 
        for serious crimes committed in the eligible States by 
        juveniles during the then most recently completed period of 3 
        consecutive calendar years for which sufficient information is 
        available to the Administrator.

``SEC. 243. ELIGIBILITY OF STATES.

  ``(a) Application.--To be eligible to receive a grant under section 
241, a State shall submit to the Administrator an application that 
contains the following:
          ``(1) An assurance that the State will use--
                  ``(A) not more than 5 percent of such grant, in the 
                aggregate, for--
                          ``(i) the costs incurred by the State to 
                        carry out this part; and
                          ``(ii) to evaluate, and provide technical 
                        assistance relating to, projects and activities 
                        carried out with funds provided under this 
                        part; and
                  ``(B) the remainder of such grant to make grants 
                under section 244.
          ``(2) An assurance that, and a detailed description of how, 
        such grant will support, and not supplant State and local 
        efforts to prevent juvenile delinquency.
          ``(3) An assurance that such application was prepared after 
        consultation with and participation by community-based 
        organizations, and organizations in the local juvenile justice 
        system, that carry out programs, projects, or activities to 
        prevent juvenile delinquency.
          ``(4) An assurance that each eligible entity described in 
        section 244(a) that receives an initial grant under section 244 
        to carry out a project or activity shall also receive an 
        assurance from the State that such entity will receive from the 
        State, for the subsequent fiscal year to carry out such project 
        or activity, a grant under such section in an amount that is 
        proportional, based on such initial grant and on the amount of 
        the grant received under section 241 by the State for such 
        subsequent fiscal year, but that does not exceed the amount 
        specified for such subsequent fiscal year in such application 
        as approved by the State.
          ``(5) Such other information and assurances as the 
        Administrator may reasonably require by rule.
  ``(b) Approval of Applications.--
          ``(1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and amendments to 
        such application submitted in subsequent fiscal years, that 
        satisfy the requirements of subsection (a).
          ``(2) Limitation.--The Administrator may not approve such 
        application (including amendments to such application) for a 
        fiscal year unless--
                  ``(A)(i) the State submitted an plan under section 
                223 for such fiscal year; and
                  ``(ii) such plan is approved by the Administrator for 
                such fiscal year; or
                  ``(B) the Administrator waives the application of 
                subparagraph (A) to such State for such fiscal year, 
                after finding good cause for such a waiver.

``SEC. 244. GRANTS FOR LOCAL PROJECTS.

  ``(a) Selection From Among Applications.--(1) Using a grant received 
under section 241, a State may make grants to eligible entities whose 
applications are received by the State in accordance with subsection 
(b) to carry out projects and activities described in section 241.
  ``(2) For purposes of making such grants, the State shall give 
special consideration to eligible entities that--
          ``(A) propose to carry out such projects in geographical 
        areas in which there is--
                  ``(i) a disproportionately high level of serious 
                crime committed by juveniles; or
                  ``(ii) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
          ``(B)(i) agreed to carry out such projects or activities that 
        are multidisciplinary and involve 2 or more eligible entities; 
        or
          ``(ii) represent communities that have a developed plan 
        designed to prevent, or reduce the rate of, juvenile 
        delinquency, and that involve other entities operated by 
        individuals who have a demonstrated history of involvement in 
        activities designed to prevent juvenile delinquency; and
          ``(C) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.
  ``(b) Receipt of Applications.--(1) Subject to paragraph (2), a unit 
of general local government shall submit to the State simultaneously 
all applications that are--
          ``(A) timely received by such unit from eligible entities; 
        and
          ``(B) determined by such unit to be consistent with a current 
        plan formulated by such unit for the purpose of preventing, and 
        reducing the rate of, juvenile delinquency in the geographical 
        area under the jurisdiction of such unit.
  ``(2) If an application submitted to such unit by an eligible entity 
satisfies the requirements specified in subparagraphs (A) and (B) of 
paragraph (1), such entity may submit such application directly to the 
State.

``SEC. 245. ELIGIBILITY OF ENTITIES.

  ``(a) Eligibility.--Subject to subsections (b) and except as provided 
in subsection (c), to be eligible to receive a grant under section 244, 
a community-based organization, local juvenile justice system officials 
(including prosecutors, police officers, judges, probation officers, 
parole officers, and public defenders), local education authority (as 
defined in section 14101 of the Elementary and Secondary Education Act 
of 1965 and including a school within such authority), nonprofit 
private organization, unit of general local government, or social 
service provider, and or other entity with a demonstrated history of 
involvement in the prevention of juvenile delinquency, shall submit to 
a unit of general local government an application that contains the 
following:
          ``(1) An assurance that such applicant will use such grant, 
        and each such grant received for the subsequent fiscal year, to 
        carry out throughout a 2-year period a project or activity 
        described in reasonable detail, and of a kind described in one 
        or more of paragraphs (1) through (14) of section 241 as 
        specified in, such application.
          ``(2) A statement of the particular goals such project or 
        activity is designed to achieve, and the methods such entity 
        will use to achieve, and assess the achievement of, each of 
        such goals.
          ``(3) A statement identifying the research (if any) such 
        entity relied on in preparing such application.
  ``(b) Review and Submission of Applications.--Except as provided in 
subsection (c), an entity shall not be eligible to receive a grant 
under section 244 unless--
          ``(1) such entity submits to a unit of general local 
        government an application that--
                  ``(A) satisfies the requirements specified in 
                subsection (a); and
                  ``(B) describes a project or activity to carried out 
                in the geographical area under the jurisdiction of such 
                unit; and
          ``(2) such unit determines that such project or activity is 
        consistent with a current plan formulated by such unit for the 
        purpose of preventing, and reducing the rate of, juvenile 
        delinquency in the geographical area under the jurisdiction of 
        such unit.
  ``(c) Limitation.--If an entity that receives a grant under section 
244 to carry out a project or activity for a 2-year period, and 
receives technical assistance from the State or the Administrator after 
requesting such technical assistance (if any), fails to demonstrate, 
before the expiration of such 2-year period, that such project or such 
activity has achieved substantial success in achieving the goals 
specified in the application submitted by such entity to receive such 
grants, then such entity shall not be eligible to receive any 
subsequent grant under such section to continue to carry out such 
project or activity.''.

SEC. 111. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

  Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as 
added by section 110, the following:

     ``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
                    DISSEMINATION

  ``(a) Research and Evaluation.--(1) The Administrator may--
          ``(A) plan and identify, after consultation with the Director 
        of the National Institute of Justice, the purposes and goals of 
        all agreements carried out with funds provided under this 
        subsection; and
          ``(B) make agreements with the National Institute of Justice 
        or, subject to the approval of the Assistant Attorney General 
        for the Office of Justice Programs, with another Federal agency 
        authorized by law to conduct research or evaluation in juvenile 
        justice matters, for the purpose of providing research and 
        evaluation relating to--
                  ``(i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime committed by 
                juveniles;
                  ``(ii) the link between juvenile delinquency and the 
                incarceration of members of the families of juveniles;
                  ``(iii) successful efforts to prevent first-time 
                minor offenders from committing subsequent involvement 
                in serious crime;
                  ``(iv) successful efforts to prevent recidivism;
                  ``(v) the juvenile justice system;
                  ``(vi) juvenile violence; and
                  ``(vii) other purposes consistent with the purposes 
                of this title and title I.
  ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
  ``(b) Statistical Analyses.--The Administrator may--
          ``(1) plan and identify, after consultation with the Director 
        of the Bureau of Justice Statistics, the purposes and goals of 
        all agreements carried out with funds provided under this 
        subsection; and
          ``(2) make agreements with the Bureau of Justice Statistics, 
        or subject to the approval of the Assistant Attorney General 
        for the Office of Justice Programs, with another Federal agency 
        authorized by law to undertake statistical work in juvenile 
        justice matters, for the purpose of providing for the 
        collection, analysis, and dissemination of statistical data and 
        information relating to juvenile delinquency and serious crimes 
        committed by juveniles, to the juvenile justice system, to 
        juvenile violence, and to other purposes consist with the 
        purposes of this title and title I.
  ``(c) Competitive Selection Process.--The Administrator shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
  ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry outsuch agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
  ``(e) Information Dissemination.--The Administrator may--
          ``(1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign nations (as 
        appropriate), collect data and information from studies and 
        research into all aspects of juvenile delinquency (including 
        the causes, prevention, and treatment of juvenile delinquency) 
        and serious crimes committed by juveniles;
          ``(2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the preparation, 
        publication, and dissemination of information relating to 
        juvenile delinquency, including State and local prevention and 
        treatment programs, plans, resources, and training and 
        technical assistance programs; and
          ``(3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        disseminating information to representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, the courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of projects and activities for 
        which financial assistance is provided under this title.

``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

  ``(a) Training.--The Administrator may--
          ``(1) develop and carry out projects for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102; 
        and
          ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102.
  ``(b) Technical Assistance.--The Administrator may--
          ``(1) develop and implement projects for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies and organizations, including 
        practitioners in juvenile justice, law enforcement, courts, 
        corrections, schools, and related services, in the 
        establishment, implementation, and operation of programs, 
        projects, and activities for which financial assistance is 
        provided under this title; and
          ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, and 
        activities for which financial assistance is provided under 
        this title.''.

SEC. 112. DEMONSTRATION PROJECTS.

  Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as 
added by section 111, the following:

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

``SEC. 261. GRANTS AND PROJECTS.

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

``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

  ``The Administrator may make grants to and contracts with public and 
private agencies, organizations, and individuals to provide technical 
assistance to States, units of general local government, Indian tribal 
governments, local private entities or agencies, or any combination 
thereof, to carry out the projects for which grants are made under 
section 261.

``SEC. 263. ELIGIBILITY.

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

``SEC. 264. REPORTS.

  ``Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by the 
Administrator to describe progress achieved in carrying the projects 
for which such grants are made.''.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

  Section 299 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5671) is amended--
          (1) by striking subsection (e), and
          (2) by striking subsections (a), (b), and (c), and inserting 
        the following:
  ``(a) Authorization of Appropriations for Title II (Excluding Parts C 
and E).--(1) There are authorized to be appropriated to carry out this 
title such sums as may be appropriate for fiscal years 1998, 1999, 
2000, and 2001.
  ``(2) Of such sums as are appropriated for a fiscal year to carry out 
this title (other than parts C and E)--
          ``(A) not more than 5 percent shall be available to carry out 
        part A;
          ``(B) not less than 80 percent shall be available to carry 
        out part B; and
          ``(C) not more than 15 percent shall be available to carry 
        out part D.
  ``(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as may be 
necessary for fiscal years 1998, 1999, 2000, and 2001.
  ``(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and authorized to 
remain available until expended, such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.''.

SEC. 114. ADMINISTRATIVE AUTHORITY.

  Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5672) is amended--
          (1) in subsection (d) by striking ``as are consistent with 
        the purpose of this Act'' and inserting ``only to the extent 
        necessary to ensure that there is compliance with the specific 
        requirements of this title or to respond to requests for 
        clarification and guidance relating to such compliance'', and
          (2) by adding at the end the following:
  ``(e) If a State requires by law compliance with the requirements 
described in paragraphs (11), (12), and (13) of section 223(a), then 
for the period such law is in effect in such State such State shall be 
rebuttably presumed to satisfy such requirements.''.

SEC. 115. USE OF FUNDS.

  Section 299C of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5674) is amended--
          (1) in subsection (a)--
                  (A) by striking ``may be used for'',
                  (B) in paragraph (1) by inserting ``may be used for'' 
                after ``(1)'', and
                  (C) by amending paragraph (2) to read as follows:
          ``(2) may not be used for the cost of construction of any 
        facility, except not more than 15 percent of the funds received 
        under this title by a State for a fiscal year may be used for 
        the purpose of renovating or replacing juvenile facilities.'',
          (2) by striking subsection (b), and
          (3) by redesignating subsection (c) as subsection (b).

SEC. 116. LIMITATION ON USE OF FUNDS.

  Part F of title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by section 
110, is amended adding at the end the following:

``SEC. 299F. LIMITATION ON USE OF FUNDS.

  ``None of the funds made available to carry out this title may be 
used to advocate for, or support, the unsecured release of juveniles 
who are charged with a violent crime.''.

SEC. 117. RULES OF CONSTRUCTION.

  Part F of title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by section 110 
and amended by section 116, is amended adding at the end the following:

``SEC. 299G. RULES OF CONSTRUCTION.

  ``Nothing in this title or title I shall be construed--
          ``(1) to prevent financial assistance from being awarded 
        through grants under this title to any otherwise eligible 
        organization; or
          ``(2) to modify or affect any Federal or State law relating 
        to collective bargaining rights of employees.''.

SEC. 118. LEASING SURPLUS FEDERAL PROPERTY.

  Part F of title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by section 110 
and amended by section 117, is amended adding at the end the following:

``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

  ``The Administrator may receive surplus Federal property (including 
facilities) and may lease such property to States and units of general 
local government for use in or as facilities for juvenile offenders, or 
for use in or as facilities for delinquency prevention and treatment 
activities.''.

SEC. 119. ISSUANCE OF RULES.

  Part F of title II or the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by section 110 
and amended by section 118, is amended adding at the end the following:

``SEC. 299I. ISSUANCE OF RULES.

  ``The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for making grants 
and contracts, and distributing funds available, to carry out this 
title.''.

SEC. 120. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
          (1) in section 202(b) by striking ``prescribed for GS-18 of 
        the General Schedule by section 5332'' and inserting ``payable 
        under section 5376'',
          (2) in section 221(b)(2) by striking the last sentence,
          (3) in section 299D by striking subsection (d), and
          (4) by striking titles IV and V, as originally enacted by 
        Public Law 93-415 (88 Stat. 1132-1143).
  (b) Conforming Amendments.--(1) Section 5315 of title 5 of the United 
States Code is amended by striking ``Office of Juvenile Justice and 
Delinquency Prevention'' and inserting ``Office of Juvenile Crime 
Control and Delinquency Prevention''.
  (2) Section 4351(b) of title 18 of the United States Code is amended 
by striking ``Office of Juvenile Justice and Delinquency Prevention'' 
and inserting ``Office of Juvenile Crime Control and Delinquency 
Prevention''.
  (3) Subsections (a) (1) and (c) of section 3220 of title 39 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
  (4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency Prevention''.
  (5) Sections 801(a), 804, 805, and 813 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782, 
3785, 3786, 3789i) are amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
  (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) 
is amended--
          (A) in section 214(b(1) by striking ``262, 293, and 296 of 
        subpart II of title II'' and inserting ``299B and 299E'',
          (B) in section 214A(c)(1) by striking ``262, 293, and 296 of 
        subpart II of title II'' and inserting ``299B and 299E'',
          (C) in sections 217 and 222 by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' each place it appears and 
        inserting ``Office of Juvenile Crime Control and Delinquency 
        Prevention'', and
          (D) in section 223(c) by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
  (7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is 
amended--
          (A) in section 403(2) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control and Delinquency 
        Prevention'', and
          (B) in subsections (a)(5)(E) and (b)(1)(B) of section 404 by 
        striking ``section 313'' and inserting ``section 331''.
  (8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.) is 
amended--
          (A) in section 217(c)(1) by striking ``sections 262, 293, and 
        296 of subpart II of title II'' and inserting ``sections 299B 
        and 299E'', and
          (B) in section 223(c) by striking ``section 262, 293, and 296 
        of title II'' and inserting ``sections 299B and 299E''.

SEC. 121. REFERENCES.

  In any Federal law (excluding this Act and the Acts amended by this 
Act), Executive order, rule, regulation, order, delegation of 
authority, grant, contract, suit, or document--
          (1) a reference to the Office of Juvenile Justice and 
        Delinquency Prevention shall be deemed to include a reference 
        to the Office of Juvenile Crime Control and Delinquency 
        Prevention, and
          (2) a reference to the National Institute for Juvenile 
        Justice and Delinquency Prevention shall be deemed to include a 
        reference to Office of Juvenile Crime Control and Delinquency 
        Prevention.

       TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT

SEC. 201. FINDINGS.

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

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

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

SEC. 203. ELIGIBILITY.

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

SEC. 204. APPROVAL OF APPLICATIONS.

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

SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.

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

SEC. 206. ELIGIBILITY.

  Section 322(a)(9) of the Runaway and Homeless Youth Act (42 U.S.C. 
5714-2(a)(9)) is amended by inserting ``, and the services provided to 
such youth by such project,'' after ``such project''.

SEC. 207. AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION, 
                    DEMONSTRATION, AND SERVICE PROJECTS.

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

SEC. 208. TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO YOUTH 
                    IN RURAL AREAS.

  Section 344 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-24) 
is repealed.

SEC. 209. SEXUAL ABUSE PREVENTION PROGRAM.

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

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

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

              `` `PART E--SEXUAL ABUSE PREVENTION PROGRAM

`` `SEC. 351. AUTHORITY TO MAKE GRANTS.

  `` `(a) The Secretary may make grants to nonprofit private agencies 
for the purpose of providing street-based services to runaway and 
homeless, and street youth, who have been subjected to, or are at risk 
of being subjected to, sexual abuse.
  `` `(b) In selecting applicants to receive grants under subsection 
(a), the Secretary shall give priority to non-profit private agencies 
that have experience in providing services to runaway and homeless, and 
street youth.'.
  ``(b) Authorization of Appropriations.--Section 389(a) of the Runaway 
and Homeless Youth Act (42 U.S.C. 5751), as amended by section 213 of 
the Juvenile Crime Control and Delinquency Prevention Act of 1997, is 
amended by adding at the end the following:
  `` `(4) There are authorized to be appropriated to carry out part E 
such sums as may be necessary for fiscal years 1998, 1999, 2000, and 
2001.' ''.

SEC. 210. ASSISTANCE TO POTENTIAL GRANTEES.

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

SEC. 211. REPORTS.

  Section 381 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is 
amended to read as follows:
                               ``reports
  ``Sec. 381. (a) Not later than April 1, 1999, and at 2-year intervals 
thereafter, the Secretary shall submit, to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
the Judiciary of the Senate, a report on the status, activities, and 
accomplishments of entities that receive grants under parts A, B, C, D, 
and E, with particular attention to--
          ``(1) in the case of centers funded under part A, the ability 
        or effectiveness of such centers in--
                  ``(A) alleviating the problems of runaway and 
                homeless youth;
                  ``(B) if applicable or appropriate, reuniting such 
                youth with their families and encouraging the 
                resolution of intrafamily problems through counseling 
                and other services;
                  ``(C) strengthening family relationships and 
                encouraging stable living conditions for such youth; 
                and
                  ``(D) assisting such youth to decide upon a future 
                course of action; and
          ``(2) in the case of projects funded under part B--
                  ``(A) the number and characteristics of homeless 
                youth served by such projects;
                  ``(B) the types of activities carried out by such 
                projects;
                  ``(C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                  ``(D) the effectiveness of such projects in preparing 
                homeless youth for self-sufficiency;
                  ``(E) the effectiveness of such projects in assisting 
                homeless youth to decide upon future education, 
                employment, and independent living;
                  ``(F) the ability of such projects to encourage the 
                resolution of intrafamily problems through counseling 
                and development of self-sufficient living skills; and
                  ``(G) activities and programs planned by such 
                projects for the following fiscal year.
  ``(b) The Secretary shall include in the report required by 
subsection (a) summaries of--
          ``(1) the evaluations performed by the Secretary under 
        section 386; and
          ``(2) descriptions of the qualifications of, and training 
        provided to, individuals involved in carrying out such 
        evaluations.''.

SEC. 212. EVALUATION.

  Section 384 of the Runaway and Homeless Youth Act (42 U.S.C. 5732) is 
amended to read as follows:
                      ``evaluation and information
  ``Sec. 384. (a) If a grantee receives grants for 3 consecutive fiscal 
years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such grantee on-site, not less frequently than 
once in the period of such 3 consecutive fiscal years, for purposes 
of--
          ``(1) determining whether such grants are being used for the 
        purposes for which such grants are made by the Secretary;
          ``(2) collecting additional information for the report 
        required by section 383; and
          ``(3) providing such information and assistance to such 
        grantee as will enable such grantee to improve the operation of 
        the centers, projects, and activities for which such grants are 
        made.
  ``(b) Recipients of grants under this title shall cooperate with the 
Secretary's efforts to carry out evaluations, and to collect 
information, under this title.''.

SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

  Section 385 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is 
amended to read as follows:
                   ``authorization of appropriations
  ``Sec. 389. (a)(1) There are authorized to be appropriated to carry 
out this title (other than part E) such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.
  ``(2)(A) From the amount appropriated under paragraph (1) for a 
fiscal year, the Secretary shall reserve not less than 90 percent to 
carry out parts A and B.
  ``(B) Of the amount reserved under subparagraph (A), not less than 20 
percent, and not more than 30 percent, shall be reserved to carry out 
part B.
  ``(3) After reserving the amounts required by paragraph (2), the 
Secretary shall reserve the remaining amount (if any) to carry out 
parts C and D.
  ``(b) No funds appropriated to carry out this title may be combined 
with funds appropriated under any other Act if the purpose of combining 
such funds is to make a single discretionary grant, or a single 
discretionary payment, unless such funds are separately identified in 
all grants and contracts and are used for the purposes specified in 
this title.''.

SEC. 214. CONSOLIDATED REVIEW OF APPLICATIONS.

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

SEC. 215. DEFINITIONS.

  The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is 
amended by inserting after section 385, as added by section 214, the 
following:
                             ``definitions
  ``Sec. 386. For the purposes of this title:
          ``(1) The term `drug abuse education and prevention 
        services'--
                  ``(A) means services to runaway and homeless youth to 
                prevent or reduce the illicit use of drugs by such 
                youth; and
                  ``(B) may include--
                          ``(i) individual, family, group, and peer 
                        counseling;
                          ``(ii) drop-in services;
                          ``(iii) assistance to runaway and homeless 
                        youth in rural areas (including the development 
                        of community support groups);
                          ``(iv) information and training relating to 
                        the illicit use of drugs by runaway and 
                        homeless youth, to individuals involved in 
                        providing services to such youth; and
                          ``(v) activities to improve the availability 
                        of local drug abuse prevention services to 
                        runaway and homeless youth.
          ``(2) The term `home-based services'--
                  ``(A) means services provided to youth and their 
                families for the purpose of--
                          ``(i) preventing such youth from running 
                        away, or otherwise becoming separated, from 
                        their families; and
                          ``(ii) assisting runaway youth to return to 
                        their families; and
                  ``(B) includes services that are provided in the 
                residences of families (to the extent practicable), 
                including--
                          ``(i) intensive individual and family 
                        counseling; and
                          ``(ii) training relating to life skills and 
                        parenting.
          ``(3) The term `homeless youth' means an individual--
                  ``(A) who is--
                          ``(i) not more than 21 years of age; and
                          ``(ii) for the purposes of part B, not less 
                        than 16 years of age;
                  ``(B) for whom it is not possible to live in a safe 
                environment with a relative; and
                  ``(C) who has no other safe alternative living 
                arrangement.
          ``(4) The term `street-based services'--
                  ``(A) means services provided to runaway and homeless 
                youth, and street youth, in areas where they 
                congregate, designed to assist such youth in making 
                healthy personal choices regarding where they live and 
                how they behave; and
                  ``(B) may include--
                          ``(i) identification of and outreach to 
                        runaway and homeless youth, and street youth;
                          ``(ii) crisis intervention and counseling;
                          ``(iii) information and referral for housing;
                          ``(iv) information and referral for 
                        transitional living and health care services;
                          ``(v) advocacy, education, and prevention 
                        services related to--
                                  ``(I) alcohol and drug abuse;
                                  ``(II) sexually transmitted diseases, 
                                including human immunodeficiency virus 
                                (HIV); and
                                  ``(III) physical and sexual assault.
          ``(5) The term `street youth' means an individual who--
                  ``(A) is--
                          ``(i) a runaway youth; or
                          ``(ii) indefinitely or intermittently a 
                        homeless youth; and
                  ``(B) spends a significant amount of time on the 
                street or in other areas which increase the exposure of 
                such youth to sexual abuse.
          ``(6) The term `transitional living youth project' means a 
        project that provides shelter and services designed to promote 
        a transition to self-sufficient living and to prevent long-term 
        dependency on social services.
          ``(7) The term `youth at risk of separation from the family' 
        means an individual--
                  ``(A) who is less than 18 years of age; and
                  ``(B)(i) who has a history of running away from the 
                family of such individual;
                  ``(ii) whose parent, guardian, or custodian is not 
                willing to provide for the basic needs of such 
                individual; or
                  ``(iii) who is at risk of entering the child welfare 
                system or juvenile justice system as a result of the 
                lack of services available to the family to meet such 
                needs.''.

SEC. 216. REDESIGNATION OF SECTIONS.

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

SEC. 217. TECHNICAL AMENDMENT.

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

  TITLE III--REPEAL OF TITLE V RELATING TO INCENTIVE GRANTS FOR LOCAL 
                    DELINQUENCY PREVENTION PROGRAMS

SEC. 301. REPEALER.

  Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5681 et seq.), as added by Public Law 102-586, is 
repealed.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

  (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
  (b) Application of Amendments.--The amendments made by this Act shall 
apply only with respect to fiscal years beginning after September 30, 
1997.

                   TITLE V--MISCELLANEOUS AMENDMENTS

SEC. 501. NATIONAL RESOURCE CENTER AND CLEARINGHOUSE FOR MISSING 
                    CHILDREN.

  (a) Alternative Authorization of Appropriations.--There is authorized 
to be appropriated to The National Center for Missing and Exploited 
Children, a nonprofit corporation organized under the laws of the 
District of Columbia, $5,000,000 for each of the fiscal years 1998, 
1999, 2000, and 2001 to operate a national resource center and 
clearinghouse designed--
          (1) to provide to State and local governments, public and 
        private nonprofit agencies, and individuals information 
        regarding--
                  (A) free or low-cost legal, restaurant, lodging, and 
                transportation services that are available for the 
                benefit of missing children and their families, and
                  (B) the existence and nature of programs being 
                carried out by Federal agencies to assist missing 
                children and their families,
          (2) to coordinate public and private programs which locate, 
        recover, or reunite missing children with their legal 
        custodians,
          (3) to disseminate nationally information about innovative 
        and model missing children's programs, services, and 
        legislation, and
          (4) to provide technical assistance and training to law 
        enforcement agencies, State and local governments, elements of 
        the criminal justice system, public and private nonprofit 
        agencies, and individuals in the prevention, investigation, 
        prosecution, and treatment of missing and exploited child cases 
        and in locating and recovering missing children.
  (b) Conforming Amendments.--Section 404(b) of the Missing Children's 
Assistance Act (42 U.S.C. 5773(b)) is amended--
          (1) by striking ``, shall'',
          (2) in paragraph (1)--
                  (A) in subparagraph (A) by inserting ``shall'' after 
                ``(A)'', and
                  (B) in subparagraph (B) by striking ``coordinating'' 
                and inserting ``shall coordinate'',
          (3) in paragraph (2) by inserting ``for any fiscal year for 
        which no funds are appropriated under section 2 of the Missing 
        and Exploited Children Act of 1997, shall'' after ``(2)'',
          (4) in paragraph (3) by inserting ``shall'' after ``(3)'', 
        and
          (5) in paragraph (4) by inserting ``shall'' after ``(4)''.

                                Purpose

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

                            Committee Action

    In the 104th Congress, the Subcommittee on Early Childhood, 
Youth and Families held four hearings for the purposes of 
considering and reviewing the authorization of the Juvenile 
Justice and Delinquency Prevention Act.
     The first of the four hearings was held on March 28, 1996 
in Washington, D.C. The witnesses were as follows: Linda 
O'Neal, Executive Director, Tennessee Commission on Children 
and Youth, Nashville, TN; Jerry Kilgore, VA Secretary of Public 
Safety, Richmond, VA; David Lehman, Chief Probation Officer, 
Eureka, CA; Lt. Dale Patch, Criminal Investigations Division, 
Des Moines Police Department, Des Moines, IA; James C. 
Backstrom, Dakota County Attorney, Hastings, MN; Neal Stanley 
representing Judge Glenda Hatchett, Chief Judge, Fulton County 
Juvenile Court, Atlanta, GA; Paul Watson, Executive Director, 
San Diego Youth and Community Services, San Diego, CA; Tara 
Jesse, Resident of the Take Wing Transitional Living Program, 
San Diego, CA; Tara Gilmartin, Senior Peer Counselor 
Supervisor, The Sanctuary, Inc., Royal Oak, MI; Virginia Price, 
Chair of the National Council on Youth Policy and Clinical 
Director, Bridge Over Troubled Waters; Boston, MA.
     The second hearing, which focused on youth violence and 
gangs, was held in Washington D.C. on April 30, 1996. 
Testifying at the April 30 hearing were: Rep. Bill McCollum of 
Florida; Rep. Maxine Waters of California; Tom Corbett, 
Attorney General, Commonwealth of Pennsylvania, Harrisburg, PA; 
Bobby Moody, Chief of Police, Covington, GA; Sidney Rosen, 
Adult Friends for Youth, Honolulu, HI; Lavonda Taylor; National 
Coalition of Juvenile Justice, West Memphis, AZ; Ira Schwartz, 
Dean of Social Work, University of Pennsylvania, Philadelphia, 
PA; Richard Wertz; Senior National Director, Justice 
Fellowship, Washington, D.C.
     The third hearing, which focused on prevention programs, 
was held in Washington, D.C. on May 8, 1996. Testifying at the 
May 8 hearing were: Mr. Jim Braun, Executive Director, Youth in 
Need, St. Charles, MO; Michelle Wallis, Youth Vice Chair, 
National Network on Youth Policy and a Youth Volunteer with 
Youth in Need, St. Charles, MO; David Gilgoff, Executive 
Director, Valley Youth House, Allentown, PA; Lt. Jim Cervera, 
Community Police Project Coordinator, Virginia Beach Police 
Department, Virginia Beach, VA; Bill Long, Chief Probation 
Officer, York County, PA; Frank Buchum, Chairman, Missouri 
Juvenile Justice Advisory Group, Farmington, MO; Dr. Helen 
Chaset, Coordinator of Community and School Age Services, 
Montgomery County, Rockville, MD.
     The fourth hearing was held in San Diego, California on 
May 13, 1996. Testifying at the May 13 hearing were: Judge 
James Milliken, Presiding Judge, Juvenile Court, San Diego, CA; 
Ronald Roberts, Chairman, San Diego Board of Supervisors, San 
Diego, CA; Alan Crogan, Chief Probation Officer, San Diego 
County, San Diego, CA; Jess Valenzuela, Director of Parks and 
Recreation, Chula Vista, CA; Kathy Lembo, Executive Director, 
South Bay Community Services, Chula Vista, CA; Janine Mason 
Barone, Fieldstone Foundation, San Diego, CA; Robert Fellneth, 
Executive Director, University of San Diego School of Law, San 
Diego, CA.
     In the 105th Congress, the Subcommittee held four 
additional hearings for the purposes of considering and 
reviewing the authorization of the Juvenile Justice and 
Delinquency Prevention Act.
     The first of the four hearings in the 105th Congress was 
held on February 20, 1997 in Windsor, California. The witnesses 
were as follows: The Honorable Jeanne Buckley, Juvenile Court 
Judge, Sonoma County Juvenile Court, Santa Rosa, CA; Mr. 
Michael J. Mullins, District Attorney, County of Sonoma, Santa 
Rosa, CA; Ms. Jocelyn Harper, Safe Schools Manager, Sonoma 
County Office of Education, Sonoma, CA; Mr. Tom Gordon, School 
Board member, Windsor, CA; Robert Gillen, Chief Probation 
Officer, Sonoma County Probation Office, Santa Rosa, CA; Chief 
Rick Alves, Chief of Police, Healdsburg Police Department, 
Healdsburg, CA; Ms. Teri Schmidt, Interventions Programs 
Coordinator, Circuit Rider Productions, Windsor, CA; Ms. Adele 
Mitchell, Teacher, Maria Carrillo High School, Santa Rosa, CA; 
and, Mr. Tito Roman, student, Maria Carrillo High School, Santa 
Rosa, CA.
     The second hearing, which focused on the Administration's 
juvenile crime bill, was held in Washington D.C. on February 
26, 1997. The hearing was held jointly with the Crime 
Subcommittee of the Judiciary Committee. The Honorable Janet 
Reno, United States Attorney General, was the sole witness.
     The third hearing, which focused on prevention programs 
and on the current law, was held in El Monte, California on 
April 7, 1997. Testifying at the April 7 hearing were: The 
Honorable Gil Garcetti, Chief District Attorney, Los Angeles 
County, Los Angeles, CA; Mr. James Cook, Chief of Police, 
Westminster Police Department, Westminster, CA; the Honorable 
Michael Nash, Presiding Judge, Los Angeles County Juvenile 
Court, Los Angeles, CA; Dr. Malcolm Klein, Director, Social 
Science Research Institute, University of Southern California, 
Los Angeles, CA; Mr. Larry Springer, Director, Division of 
Juvenile Court and Community Schools, Los Angeles CountyOffice 
of Education, Los Angeles, CA; Mr. Marc Freedman, Vice President, 
Public/Private Ventures, Berkeley, CA; Ms. Nancy Wileman, Coordinator, 
Consultation, Education, and Prevention, Didi Hirsch Community Mental 
Health Center, Culver City, CA; Mr. Clay Hollopeter, Executive 
Director, Boys and Girls Club of San Gabriel Valley, El Monte, CA.
     The fourth hearing was held in Washington, D.C. on May 21, 
1997. The hearing was on the proposed legislation. The 
witnesses were as follows: The Honorable Shay Bilchik, 
Administrator, Office of Juvenile Justice and Delinquency 
Prevention, Department of Justice, Washington, D.C., Mr. James 
Sileo, National Board Member, Big Brothers Big Sisters of 
America, Greensburg, PA; the Honorable Kimberly O'Donnell, 
Juvenile and Domestic Relations District Court, Richmond, VA; 
Mr. Peter LaVallee, Director, Redwood Region Youth Service 
Bureau, Eureka, CA; Ms. Betty Tatham, Executive Director, YWCA 
of Bucks County, Trevose, PA; Mr. Michael Petit, Deputy 
Director, Child Welfare League of America, Washington, D.C.; 
and Mr. Jim Kester, Juvenile Justice Specialist, Criminal 
Justice Division, Governor's Office, Austin, TX.

                           Legislative Action

    On June 12, 1997, the Subcommittee on Early Childhood, 
Youth and Families reported H.R. 1818, as amended by voice 
vote.
    On June 18, 1997, the Committee on Education and the 
Workforce assembled to consider H.R. 1818. Representative Frank 
Riggs, Subcommittee Chairman for the Early Childhood, Youth and 
Families Subcommittee offered an amendment in the nature of a 
substitute. A package of technical amendments to the amendment 
in the nature of the substitute was accepted and the Committee 
adopted the amendment in the nature of a substitute, as 
amended. H.R. 1818 was favorably reported out of Committee by 
voice vote.

                  Background and Need for Legislation

                            juvenile justice

Program history

     The Juvenile Justice and Delinquency Prevention Act of 
1974 (P.L. 93-415) inaugurated a comprehensive effort to 
address the increase in juvenile crime during that time period. 
The Act created an Office of Juvenile Justice and Delinquency 
Prevention, (OJJDP), in the Department of Justice. OJJDP 
administers grants for the purposes of improving the juvenile 
justice system and preventing juvenile delinquency. In addition 
to establishing OJJDP, the Act created the National Institute 
for Juvenile Justice and Delinquency Prevention to serve as an 
information and training center. It also established a smaller 
assistance program for Runaway Youth in the Department of 
Health, Education and Welfare (now Health and Human Services). 
In 1984, Congress expanded the 1974 Act by authorizing the 
Missing Children's Assistance Program (P.L. 98-473).
     When Congress enacted the Juvenile Justice and Delinquency 
Prevention Act of 1974, it chose a course similar to that of 
State reforms, which were beginning to focus on community-based 
interventions (except for the most violent offenders) rather 
than institutionalizing youth in penal facilities. The Act 
required that States separate juveniles from adults in secure 
facilities in order to be eligible for Federal formula grant 
monies. It placed a major emphasis on diverting youth from the 
legal system and placing them in community-based treatment 
centers.
     As Congress authorized the Act in 1977, 1980, 1984 and 
1988, five themes appeared. One was an effort to strengthen the 
position of the Administrator of OJJDP within the Department of 
Justice. The second was an effort to remove juveniles from 
adult jails and lockups. The third was the provision of an 
exception, the ``valid court order,'' to the requirement that 
States divert status offenders from secure lockups to 
community-based facilities. The fourth was a growing emphasis 
on the prevention and control of serious juvenile offenses and 
youth gangs. The final theme was directed at renewing the 
mandate for strengthening and maintaining family values.
     The removal of youth from adult detention centers, a theme 
that appeared in the 1980, 1984, and 1988 authorizations, went 
beyond the 1974 Act's mandate for the separation of juveniles 
from adults in secure facilities. The first authorization 
required States to remove juveniles from all adult detention 
centers in order to be eligible for OJJDP formula grant monies. 
The third reauthorization in 1988 reaffirmed congressional 
support for the removal of juveniles from adult jails.
     As part of the effort to ensure the deinstitutionalization 
of youth and to treat status offenders differently from their 
more violent counterparts, the Act required that a judge must 
issue a valid court order in order for a status offender to be 
held in a secure facility. The 1980 authorization put in place 
the exception to the valid court order. The exception states 
that an adjudicated status offender could be incarcerated in a 
secure facility, if he or she violated the terms of the valid 
court order. In 1984 Congress defined a valid court order as 
``a court order given by a juvenile court judge to a juvenile 
who has been brought before the court and made subject to a 
court order.'' It was further clarified that ``the use of the 
word `valid' permits the incarceration of juveniles for 
violation of a valid court order only if they received their 
full due process rights as guaranteed by the Constitution of 
the United States.''
    The 1980, 1984, and 1988 authorizations emphasized the need 
to address the rise in youth violence and juvenile gangs, and 
the perceived breakdown of the family unit.
    The 1988 authorization, contained in the Anti-Drug Abuse 
Act of 1988 (P.L. 100-690), established grant programs within 
OJJDP for the purposes of preventing juvenile gangs, and drug 
trafficking and treating drug abuse. The 1988 authorization 
provided for special emphasis programs designed to strengthen 
and maintain the family unit as a means to prevent and treat 
juvenile delinquency.
    During the 1992 authorization, Congress also sought to 
address the problem of disproportionate representation of 
minorities in detention facilities.

Outlining the need for change

    Today, 23 years after the creation of this Act, statistics 
on juvenile violence nationwide have fueled a reassessment of 
earlier Federal and State reform efforts. Although a December, 
1996 OJJDP report showed a very small decrease (2%) in crime 
among those under 15 from 1994 to 1995, there has been a 
dramatic and fairly stable pattern of increase over the last 10 
years.
    A report released by OJJDP in December, 1996 documented 
that:
          In 1995, juveniles accounted for 32% of robbery 
        arrests, 23% of weapons arrests, 16% of rape arrests, 
        15% of aggravated assault arrests, and 15% of arrests 
        for murder.
          Juvenile violent crime arrests in 1995 were 12% 
        higher than 1991 and 67% higher than 1986.
          Murder arrest rates for juveniles in 1995 were 90% 
        above 1986 rates.
    A more comprehensive report released on March 7, 1996 
showed that:
          Over 2.7 million children under age 18 were arrested 
        in 1994.
          From 1985 to 1994, juvenile arrest rates increased 
        25% for boys and 40% for girls--this was higher than 
        the increase for adults.
          Six percent of juvenile arrests in 1994 were for 
        Violent Crime Index offenses, which are murder, non-
        negligent manslaughter, forcible rape, robbery and 
        aggravated assault.
          From 1985 to 1994 violent crime arrest rates 
        increased 128% for females and 69% for males. The 
        murder rate increased 158% for males.
          2800 juveniles were convicted of murder in 1994 
        alone.
          The number of juveniles murdered increased by 82% 
        between 1984 and 1994. The number of juveniles killed 
        with a firearm almost tripled between 1984 and 1994.
          Between 1989 and 1993, the proportion of students 
        involved in gangs in school rose from 15 percent to 35 
        percent.
          The juvenile arrest rate for weapons violations 
        increased by 75% between 1987 and 1992.
          Juveniles accounted for 35% of all property crimes by 
        1994.
    Violent crime involving young people, both as perpetrators 
and victims, is on the rise--an alarming indicator of future 
trends. The number of juveniles arrested for weapons violations 
has more than doubled over the past decade. In 1994, a weapons 
law violation was the most serious charge in 63,400 juvenile 
arrests. It is likely that many more arrests involved weapons 
violations. However, FBI coding procedures require an arrest to 
be classified by the most serious charge involved. 
Consequently, none of the juvenile arrests for homicides or 
rape involving a firearm would be categorized as a weapons 
violation since it would not be the most serious offense.
    These problems are not just happening in the streets. 
Schools are also becoming more dangerous. In a 1995 survey, 14% 
of boys and 9% of girls said they had been a victim of a crime 
at school. A 1993 survey found that 40% of secondary students 
had gangs in their schools and almost half knew of people with 
weapons at school. Schools where students had more access to 
alcohol and drugs also had higher rates of physical attacks and 
robberies.
    The availability of weapons and drugs is both a contributor 
and a reflection of the rise in juvenile violent crime. For 
example, a Department of Justice study found that almost one-
fourth of those arrested for weapons offenses nationwide during 
1993 were under the age of 18. Recent national surveys indicate 
that juvenile drug use, especially marijuana, is rising across 
the country. Marijuana use among 12 to 17 year olds jumped 37 
percent last year to 8.2%, more than double the rate in 1992. 
Cocaine use by America's youth, now at nearly 1 percent, is 
nearly three times the level of 1992 and monthly use of LSD 
increased by more than 50 percent, rising by nearly 200 percent 
since 1992.
    Gangs continue to be a source of concern as well. A survey 
of law enforcement agencies in all 50 states released on April 
2, 1997 by OJJDP found that there are approximately 665,000 
gang members in 23,000 gangs nationwide. Furthermore, 49% of 
participating agencies described their gang activity as getting 
worse. At a Department of Justice news briefing on May 13, 
1996, Attorney General Janet Reno stated that, ``Twenty years 
ago, fewer than half our cities reported gang activity. A 
generation later, reasonable estimates indicate that there are 
now more than half a million gang members.'' The Attorney 
General also pointed out there had, as a result of this growth 
in gang activity, been 580,000 gang-related crimes in 1993.
    Some criminologists and policymakers argue that we are on 
the verge of a teenage crime explosion, as the children of the 
baby boomers reach the age at which they are most likely to 
commit crimes. John J. DiIulio, Jr., a Princeton University 
professor of politics and public affairs, not only foresees a 
teenage crime wave, but also describes some youngsters as 
``superpredators,'' lacking in moral values and more violent 
than previous generations.
    According to a 1996 report released by OJJDP, if trends 
continue as they have over the past 10 years, juvenile arrests 
for violent crime will more than double by the year 2010. The 
statistics are more staggering when you consider the 
anticipated increases by the type of crimes. The number of 
juvenile arrests for murder is predicted to increase 145% over 
the 1992 level by the year 2010. Aggravated assaults are 
expected to increase by 129% over the same period of time. The 
rate of juveniles committing rape is expected to increase by 
66% and the rate of arrests for robbery is expected to increase 
by 58%.
    Furthermore, recent studies have shown that a small portion 
of the offending population are committing the most heinous and 
violent crimes. Studies have shown that chronic offenders, 
about 6% of those juveniles who come in contact with the 
juvenile justice system, are responsible for about two-thirds 
of all violent offenses. In a study on high risk inner city 
youth, chronic offenders, about 14% to 19% of the offending 
population, commit three quarters of the juvenile violent 
crimes.
    Given the growing number of studies and reports that 
indicate a dramatic increase in juvenile crime, particularly 
violent juvenile crime, it is the belief of the Committee that 
it is now appropriate to modify the current Juvenile Justice 
and Delinquency Prevention Act to reflect recent trends in 
juvenile crime.
    The Committee believes it is important for States and local 
communities to undertake activities which prevent juveniles 
from becoming involved in delinquent activities and committing 
violent criminal acts. At the same time, it is important that 
we also take steps to ensure that youth are accountable for 
their behavior. Accountability, in and of itself, can be used 
as a prevention tool. After all, 59% of the youth who are 
referred to juvenile court are one-time offenders; they never 
again come into contact with the juvenile court system. The 
Committee believes we can help young people turn their lives 
around by combining accountability with strong prevention 
programs.
    This legislation represents a new direction in efforts to 
prevent and control juvenile crime. It is the result of 
bipartisan discussion between members of the Committee, the 
Administration, and organizations and individuals interested in 
the issue of juvenile crime. It seeks to ensure youth receive 
appropriate consequences for their delinquent acts, and, at the 
same time, provides appropriate interventions to help ensure 
they are diverted from further delinquent activities.

                       runaway and homeless youth

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

                   MISSING CHILDREN'S ASSISTANCE ACT

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

                              Bill Summary

    Title I of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997 amends the Juvenile Justice and 
Delinquency Prevention Act to make substantial changes to the 
law. It streamlines overall State plan requirements and 
specifically modifies the four core State plan requirements to 
make them more flexible. The bill renames the Office of 
Juvenile Justice and Delinquency Prevention, the Office of 
Juvenile Crime Control and Delinquency Prevention. The bill 
eliminates Parts D, E, F, G and H of Title II of current law 
and replaces them with a Juvenile Delinquency Prevention Block 
Grant Program. The Part I authority for a White House 
Conference on Juvenile Justice is also eliminated.
    Title II of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997 contains amendments to the Runaway and 
Homeless Youth Act (RHYA). The purposes of the RHYA remain 
relatively unchanged. It will continue to fund local facilities 
providing emergency residential care and counseling for runaway 
and homeless youth, continue to focus on reuniting youth with 
their families, and continue to offer grants for Transitional 
Living Projects (TLP) and help assist in Drug Education and 
Prevention Program (DEPP). The amendments consolidate three 
separate funding streams for the RHYA, TLP and DEPP into a 
single authorization and make numerous technical corrections.
    Title III of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997 contains the repeal of the Title V 
relating to Incentive Grants for Local Delinquency Prevention 
Programs.
    Title IV of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997 contains general provisions regarding 
the effective date and application of amendments.
    Title V of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997 authorizes funding for the National 
Center for Missing and Exploited Children (NCMEC) under the 
Missing Children's Assistance Act. Title II of the Juvenile 
Crime Control and Delinquency Prevention Act of 1997 contains 
amendments to the Runaway and Homeless Youth Act. The purposes 
of the RHYA remain relatively unchanged. It will continue to 
fund local facilities providing emergency residential care and 
counseling for runaway and homeless youth, continue to focus on 
reuniting youth with their families, and continue to offer 
grants for transitional living projects and help assist in drug 
education and prevention activities. The amendments consolidate 
three separate funding streams for the RHYA, TLP, and DEPP into 
a single authorization and make numerous technical corrections.

                            Committee Views

                            JUVENILE JUSTICE

    The Committee believes it is important not only to prevent 
children and youth from ever becoming involved in delinquent 
activities but to help those youth already in the juvenile 
justice system to turn their lives around. We believe this can 
be accomplished through modifications to the current Juvenile 
Justice and Delinquency Prevention Act which focus on holding 
youth accountable for their actions and strong prevention 
activities.

Changing the name of the act and the office

    H.R. 1818 renames the Juvenile Justice and Delinquency 
Prevention Act the Juvenile Crime Control and Delinquency 
Prevention Act and makes similar changes to references to 
juvenile ``justice'' throughout H.R. 1818. The name change and 
other changes throughout the bill reflect a change in purpose 
and focus in legislation. It is not the intention of the 
Committee, by removing the word ``justice'' to infer that 
juveniles have fewer rights under federal and State law than 
exist under current law. It is also not the intention of the 
Committee to replace the Office of Juvenile and 
DelinquencyPrevention with another agency. Therefore, personnel and the 
ability to manage existing grants and contracts should not be affected.
    The change in name of the office and the focus of current 
law does mirror what is happening in society. The nature of 
juvenile crime has changed dramatically over the past decade. 
Juvenile crime has become more violent. A slap on the wrist is 
no longer the most effective way of dealing with the more 
violent juvenile offenders. The current Juvenile Justice and 
Delinquency Prevention Act does not recognize current trends in 
juvenile crime. We not only need to prevent crime, we need to 
control it in order to reduce the incidence of juvenile crime.
    While the Committee is changing the name of the Act and the 
name of the office, it is not the intention of the Committee to 
reduce the current emphasis on prevention programs. We now know 
that the lack of consistent intervention with juvenile 
offenders after their first contact with the juvenile justice 
system is one of the largest gaps in services for troubled 
youth. If these children fall through the cracks, they may 
start on a dangerous course of increasingly serious crimes. 
Studies show early intervention has been successful in 
preventing the escalation of minor offenses into violent 
crimes. The Committee does, however, clearly want to send a 
signal that the Federal government supports State and local 
efforts to control juvenile crime as well as efforts to prevent 
juvenile delinquency.
    In our view, the two most important approaches to attacking 
juvenile crime are clear: prevention and holding juveniles 
accountable for the crimes they commit. Controlling juvenile 
crime must start early with juveniles in order to make them 
understand that there are consequences for their actions. 
Sending the message to our nation's youth that they will be 
punished for their delinquent activities is one of the most 
effective means of crime control and prevention.
    This legislation supports both prevention and 
accountability activities. As Jim Cook, Chief of Police, 
Westminster, California stated in his testimony before the 
Subcommittee, ``prevention is just as important as 
suppression.'' He said, ``Suppression without prevention will 
not reduce the number of individuals who become involved in 
gangs. Prevention and suppression should be viewed as 
complementary approaches.'' He further stated, ``If you want to 
stop gang crime, it is like a bathtub full of water. You have 
to pull the plug--put some of them in jail--and shut off the 
spigot, the prevention. One without the other will not work.''
    The name of the Act and the office should be changed to 
reflect the change in direction of our Federal juvenile justice 
program.

Providing flexibility to states in meeting the four core state plan 
        requirements

    In order for States to receive funds under the Juvenile 
Justice and Delinquency Prevention Act, they must meet four 
core State plan requirements. In addition, current law provides 
that a State must comply with each of the four mandates in 
order to receive one hundred percent of its allotment. For each 
mandate with which a State is in compliance, it will receive 25 
percent of its allotment.
    The four core requirements contained in current law are:
    1. Deinstitutionalization of Status Offenders.--Requires 
that status offenders not be placed in jails, lock-ups or 
secure detention and correctional facilities. The law was 
amended in 1988 to require a judge to go outside the court 
system to get clearance from an appropriate public agency 
before issuing a valid court order to hold a status offender in 
a secure facility.
    2. Separation of Juveniles from Adults in Institutions.--
Requires that juveniles housed with adults, be held out of 
``sight or sound'' of adults. Before the last reauthorization, 
the law had disallowed ``regular'' contact between adults and 
juveniles. The last reauthorization struck the word ``regular'' 
and disallowed ``all'' contact with adults. Current law also 
prohibits the use of part-time, full-time security staff and 
direct-care staff, of a jail or lockup for adults, to serve 
juveniles.
    3. Removal of Juveniles from Jails and Facilities for 
Adults.--Requires States to remove juveniles from adult jails 
or lockups, with a few exceptions which apply to rural areas.
    4. Overrepresentation of Minorities in Juvenile Justice.--
Requires that States address efforts to reduce the proportion 
of minority juveniles detained or confined in secure 
facilities, jails and lockups, if such proportion exceeds the 
proportion of minorities represented in the general population.
    Over the years, the Committee has received information on 
the burdensome nature of the four core requirements. Several 
witnesses over the course of the Committee's hearings on 
juvenile justice during the 104th and 105th Congress mentioned 
the burdens the mandates imposed at both the State and local 
level. Janet Reno, U. S. Attorney General, in her testimony 
before the Committee, referred to the core requirements and 
stated that she recognized the ``need for more local 
flexibility.''
    Other witnesses pointed out problems with specific 
mandates. In each instance, the Committee has modified the 
existing mandates to provide more flexibility to the States in 
meeting these requirements.

Deinstitutionalization of status offenders

    The Committee has heard from several witnesses regarding 
the need for more flexibility in dealing with status offenders. 
Michael Mullins, District Attorney, SonomaCounty, California, 
in his testimony before the Committee stated, ``I have personally 
spoken to parents who are literally out of their minds with grief and 
worry by the fact that their children are using drugs, they are 
runaways, and yet it seems that society has provided them no means or 
assistance in controlling these children.''
    In his testimony before the Committee during the 104th 
Congress, Jerry Kilgore, then Virginia Secretary of Public 
Safety, stated, ``Localities need the ability to detain status 
offenders in a secure environment. * * * More flexibility to 
deal with these offenders when they have their first exposure 
to the court system would enhance our chances of successful 
intervention.''
    In an effort to address concerns regarding the requirement 
for the deinstitutionalization of status offenders, H.R. 1818 
makes a number of changes to current law to increase the 
flexibility of States to treat such youth in the most 
appropriate manner. The bill returns to prior law by 
eliminating the need for a judge to receive a report from an 
``appropriate public agency'' (other than a court or law 
enforcement agency) before the issuance of a valid court order 
allowing a juvenile to be held in a secure facility. This will 
enhance the ability of courts to detain status offenders when 
necessary by allowing the judge to issue a valid court order 
without receiving a report from an appropriate public agency.
    However, the Committee recognizes the need to ensure the 
proper placement of youth who do commit status offenses and are 
held under a valid court order. Therefore, H.R. 1818 includes 
language which requires the appropriate public agency to be 
promptly notified if a juvenile is held under a valid court 
order. The appropriate agency, after receiving a referral by 
the court, is required to personally interview the juvenile 
within 24 hours of the referral and to submit an assessment to 
the court regarding the immediate needs of the juvenile. After 
receipt of such report, the court is then required to conduct a 
hearing to determine two things. First, if the juvenile 
violated such order; second, the appropriate placement for the 
juvenile, pending disposition of the violation alleged. While 
advice from an outside agency is still required, the Committee 
believes it is important that a judge be allowed to issue a 
valid court order prior to soliciting such input.
    The Committee would like to point out that it does not 
support the blanket use of the valid court order exception. We 
believe that the detention of status offenders in secure 
facilities should be reviewed on a case-by-case basis and 
whenever possible the least restrictive alternative is 
preferable to the secure detention or confinement of status 
offenders.
    The Committee bill also requires that the 
deinstitutionalization requirement be carried out in accordance 
with rules issued by the Administrator. Such rules currently 
allow a status offender to be held 24 hours prior to and 24 
hours following an initial court appearance. The Committee 
supports the flexibility provided through current regulations. 
Although many status offenders may be runaways fleeing abusive 
situations, that the commission of status offenses such as 
truancy and running away may be warning signs of future 
problems. Research shows that there are three types of status 
offenders: One-time offenders, habitual status offenders, and 
juveniles who are also committing other delinquent offenses. 
According to the testimony of Malcolm Klein, Director of the 
University of Southern California Social Sciences Institute, 
``The pure status offender is atypical: most status offenders 
also commit a variety of delinquent or other deviant acts.''
    All categories of status offenders increased from 1985 to 
1994. Liquor law violators increased 117%, truants increased 
67%, and runaways increased 25%. Chronic truancy is one of the 
best predictors of delinquency. Truants are at higher risk for 
involvement with drugs, alcohol, and violence. The Committee 
supports holding status offenders if the main purpose is to 
assess the needs of such youth in order to prevent their 
involvement in non-status delinquent activities. In Virginia, 
50% of first-time status offenders are re-arrested within 3 
years. 85% of those who are re-arrested are arrested for a 
crime more serious than a status offense. The Committee 
believes there is a strong need to provide appropriate 
interventions and prevention activities for status offenders 
and would encourage courts to use the flexibility provided 
through current regulations to determine whether or not such 
youth are in need of assistance.
    The Committee is also concerned about the ability of the 
court to hold runaways in order to reunite them with their 
parents. Parents must often travel across the country in order 
to be reunited with their children. As such, the Committee 
provides an exception from the deinstitutionalization language 
for runaways held in accordance with the Interstate Compact on 
Juveniles. The Committee urges the courts to exercise caution 
when holding runaways in order to reunite them with their 
families. It is important to ensure that such youth are not 
running away from an abusive situation at home.

Separation of juveniles from adults in institutions

    Several witnesses at hearings held during the 104th and 
105th Congress also discussed the ``sight and sound'' 
separation mandate for periods when juveniles are held in the 
same facility with adults.
    H.R. 1818 modifies the current law provision to prohibit 
regular and incidental unsupervised contact. The Committee 
believes that this change will provide the appropriate 
flexibility without retreating from the principle that strict 
sight and sound separation of juveniles from adults must be 
maintained. The Committee does not believe that sporadic 
encounters in hallways between juveniles and adults, as they 
are traveling to and from meals, exercise areas, etc. is 
harmful provided there is appropriate supervision of these 
incidental, infrequent meetings.
    This modification was supported during Committee hearings. 
During the 104th Congress, James Backstrom, Dakota County 
Attorney, MN, (on behalf of the National District Attorneys 
Association), testified that, ``* * * regulations which make it 
a violation for inadvertent contact to occur between a juvenile 
and adult offender should beeliminated. * * * modifications to 
absolute ``sight and sound'' restrictions are both appropriate and 
necessary, as local law enforcement officials seek to cope with 
dramatic increases in violent juvenile crime.'' Shay Bilchik, 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention stated in his testimony before the Committee in 1997, ``When 
changes were made to take out the regular contact provisions, we went a 
step beyond what local officials could deal with and reasonably 
implement with the present capacity. So, by reinstituting the 
prohibition against regular contact by inserting some of the language 
about incidental contact and introducing the supervision aspect, you 
are coming back to a place where local jurisdictions will have more 
flexibility in implementing these provisions. I think that kind of 
standard would minimize potential danger to these children, 
particularly while they are being supervised.''
     Concerns were also raised regarding the prohibition on 
``shared staff'' as part of the sight and sound separation 
requirement. For example, an individual serving a meal to an 
adult could not serve a meal to a juvenile, even if they were 
not served at the same time. According to James Backstrom 
(speaking on behalf of the National District Attorneys 
Association at a hearing held during the 104th Congress), ``The 
prohibition of the use of shared staff in both juvenile and 
adult detention facilities should be eliminated. Reasonable 
restrictions, such as preventing staff from working in both 
facilities on the same shift, would be appropriate.'' The 
Committee agrees that this restriction is particularly 
burdensome, especially in small communities and in rural areas. 
The Committee further believes that staff working in co-located 
facilities should be able to work with both juveniles and 
adults as long as they have been appropriately trained and 
certified by the State under State standards. As such, H.R. 
1818 would permit shared staff to work with juveniles, provided 
the staff has been trained to work with juveniles. States must 
provide assurances that there is in effect a State policy 
requiring such training.

Removal of juveniles from jails and facilities for adults

    Witnesses also expressed concerns over provisions in 
current law that require separate facilities for juveniles and 
adults, if the juvenile is to be held for more than a twenty-
four hour period while awaiting an initial court appearance. 
This requirement was particularly burdensome in rural areas 
with a limited number of law enforcement officers and separate 
facilities for juveniles. According to Shay Bilchik, ``In our 
field hearings, in the feedback we have gotten from the 
practitioners, that seems to be one of the main issues of 
difficulty with the core requirements in the jail lockup 
removal: What do you do in rural areas where you have great 
distance and less than adequate facilities to deal with these 
kids?''
    The Committee addresses this valid concern of rural 
jurisdictions and has expanded the current rural exception that 
allows for juveniles to be held in jails and lockups with 
adults for up to 24 hours. H.R. 1818 builds additional 
flexibility into the law for rural areas by extending the 
period of time to up to 48 hours, excluding weekends and 
holidays, for which juveniles can be held in a facility with 
adults, prior to an initial court appearance. The use of this 
provision is still restricted to facilities that provide for 
``sight and sound'' separation.
    In addition, H.R. 1818 allows juveniles to be held for 
longer periods of time in facilities with adults in rural areas 
as long as there is no existing acceptable alternative 
placement, the parent or legal guardian (or guardian ad litem) 
of the juvenile involved consents and it is approved in advance 
by the court. Such placement is, however, required to be 
reviewed periodically, at intervals of not more than 5 days for 
the duration of the detention or confinement to insure it is 
the appropriate placement for such youth. The addition of this 
language provides a judge with additional flexibility in 
dealing with youth in rural areas as long as the parents of 
such youth agree. Sight and sound separation restrictions would 
continue to apply in such instances. The Committee urges the 
court to use this exception carefully. It is important that the 
court considers such factors as the relationship between the 
juvenile and their parents or guardian, the conditions of 
confinement in the jail or lockup facility where the juvenile 
is to be housed, and the potential impact on the general 
welfare of the juvenile if he or she is held for extended 
periods of time in such a facility.

Overrepresentation of minorities in juvenile justice

     H.R. 1818 also makes changes to the overrepresentation of 
minorities mandate. Current law focuses on the number of 
minorities in the judicial system compared to the general 
minority population. It does not look at the actual number of 
crimes committed by minorities. It focuses only on the number 
of juvenile minorities incarcerated. Current law can be 
interpreted to force States to release violent youth of 
minority origin or to refuse to arrest delinquent youth if 
their numbers in confinement exceed their numbers in the 
general population.
     The Committee agrees the juvenile justice system should 
not discriminate against youth merely on the basis of race, but 
is concerned about the interpretation of the mandate in its 
current form. While we believe a modified focus on the possible 
over-representation of minorities in the juvenile justice 
system can be maintained in the law, we believe current law 
must be changed.
     Jerry Regier, Director, Oklahoma Department of Juvenile 
Justice, in testimony before the Senate Subcommittee on Youth 
Violence on March 12, 1996, discussed a study published in late 
1993 analyzing this issue in the State of Oklahoma. According 
to the study, African-American juveniles represented 9.6% of 
the juvenile population in Oklahoma but comprised 25% of all 
juvenile arrests. Native American juveniles, on the other hand, 
comprised 11.2% of the juvenile population yet only 5.1% of the 
total arrested. According to Mr. Regier, ``Quotas are not the 
answer. Youth are placed in a system based on their acts, not 
their race. We do not plan to go out and arrest more Native 
American youth to get their numbers up, nor will we cease 
arrestingAfrican-American juveniles who commit crimes. Youth 
are arrested and adjudicated based on their acts, not their race.''
    The Committee bill maintains an over-representation 
mandate, but changes it to focus State efforts on improving the 
way minority juveniles are treated in the juvenile justice 
system in order to reduce, without establishing or requiring 
quotas, the disproportionate number of juvenile members of 
minority groups who come into contact with the juvenile justice 
system.
    The requirement has also been modified to require States to 
address prevention efforts to areas where a disproportionate 
number of juvenile members of minority groups come into contact 
with the juvenile justice system. The Committee believes that 
prevention is key to reducing juvenile crime. If juveniles are 
over-represented in the juvenile justice system because they 
are committing more crimes, then States should focus prevention 
efforts on those areas experiencing the greatest difficulty in 
reducing juvenile crime among minority populations.
    The Committee would like to clarify that, for purposes of 
identifying over-representation of minorities, juveniles 
detained in a facility that is not within the jurisdiction 
where the offense was committed shall not be counted for 
purposes of determining whether there is an over-representation 
problem in the community where the facility is located.
    The Committee believes the criminal justice system should 
be color blind. Individuals charged for the same crime under 
the same circumstances should be treated uniformly by the 
juvenile justice system. The modifications made by H.R. 1818 to 
the current mandate will help ensure that our efforts eliminate 
the true bias in the juvenile justice system and does not 
create quotas, which could result in the release of violent 
juvenile offenders.

Change in penalties for noncompliance

    Finally, the Committee bill modifies current law provisions 
allowing 25 percent of a State's funds to be held for each 
mandate for which it is not in compliance.
    The Committee has modified the law to provide States with 
50 percent of their State allotment, independent of their 
compliance with the four core requirements. States can still 
lose up to one-quarter of the remaining 50 percent of their 
allotment (12.5%) for each core requirement for which they are 
not in compliance. However, this change will ensure that States 
still receive funds with which to combat juvenile delinquency 
even if they are not in compliance with all of the mandates. It 
is the view of the Committee that States should not be denied 
important financial resources for combating juvenile crime, 
simply because they are having difficulties meeting the four 
core requirements. Not only do States suffer under current law 
requirements, but the juveniles who require services funded 
through this Act suffer as well. The changes to this provision 
contained in H.R. 1818 represent a thoughtful solution to this 
problem. While still providing a financial incentive for States 
to meet the mandates, the penalties are not so harsh as to 
thwart State efforts to address issues related to juvenile 
delinquency.

Requiring juveniles to be accountable for their actions

    One theme which echoed throughout the hearings held by the 
Subcommittee was the need to hold juveniles accountable for 
their actions. Forty-four States have already strengthened 
their State laws with respect to violent juvenile offenders. 
According to noted criminologist James Q. Wilson, ``There ought 
to be penalties from the earliest offense * * * so that 
juveniles are treated by the State the same way we treat our 
children. You don't ignore the fact that they're wrecking the 
house until they finally burn it down. You try to deal with it 
right away.''
    The Committee has, therefore, modified the section of the 
State plan outlining the purposes for which funds under this 
Act are spent. Now States can use Federal funds to support 
State programs that hold youth accountable for their actions, 
such as:
          1. The expanded use of probation officers. States 
        could now permit nonviolent delinquent juveniles to 
        remain at home with their families as an alternative to 
        incarceration or institutionalization by assigning a 
        probation officer to ensure that the juvenile follows 
        the terms of their probation.
          2. Programs that hold juveniles accountable for their 
        actions. These programs could include the use of 
        neighborhood courts or panels that increase victim 
        satisfaction and require juveniles to make restitution 
        for the damage they caused. Such a system could also 
        include a system of graduated sanctions (as defined in 
        this Act) for juvenile delinquents that ensures an 
        appropriate sanction for every delinquent act.
          3. Programs that utilize multidisciplinary 
        interagency case management and information sharing 
        procedures. Such programs would enable the juvenile 
        justice and law enforcement agencies, schools and 
        social service agencies to make more informed decisions 
        regarding early identification, control, supervision, 
        and treatment of juveniles who repeatedly commit 
        violent and serious delinquent acts. Such programs are 
        not intended to lessen the need for confidentiality of 
        juvenile records and the Committee would urge States to 
        ensure that appropriate safeguards are in place should 
        they use funds for such programs.
          4. The development of a system of open records 
        relating to any adjudication of juveniles less than 18 
        years of age, who are adjudicated delinquent for 
        conduct that if committed by an adult would be a 
        felony. The system must also meet certain requirements, 
        such as making these records available to law 
        enforcement agencies, the courts and school officials.
    Youth who do not believe that they will be punished for 
their inappropriate behavior are more likely to repeat their 
behavior. There is also an increased likelihood that the types 
of delinquent activities in which they engage will become more 
serious if they are not appropriately sanctioned. Providing an 
appropriate sanction for each delinquent act can also be a form 
of prevention. Juveniles who know their actions have 
consequences will be less likely to engage in delinquent 
activities. For example, youth who know there is a probation 
officer monitoring their compliance with the terms of their 
probation will be less likely to violate the terms of their 
probation and engage in additional delinquent activities. 
Unfortunately at this time many probation officers have a heavy 
caseload and are unable to monitor the activities of each youth 
for which they are responsible. By allowing states to use funds 
to increase the number of probation officers, we can reduce the 
caseload of individual probation officers and help insure youth 
abide by the terms of their probation.
    It is the view of the Committee that giving States the 
flexibility to use formula grant funds for accountability, 
prevention, and programs which provide appropriate sanctions 
for each delinquent act will allow States to more effectively 
address juvenile delinquency. It is the further belief of the 
Committee that these changes will allow the States to reduce 
the recidivism rate among juvenile offenders.

Prevention block grant--consolidating juvenile justice programs

    H.R. 1818 contains a flexible Juvenile Delinquency 
Prevention Block Grant program to assist States and local 
communities in their effort to prevent juvenile crime.
            Consolidating programs
    In creating this block grant, the Committee has eliminated 
separate categorical programs authorized under current law, 
including programs for Boot Camps, Mentoring, State Challenge 
Activities, and Treatment for Juvenile Offenders Who are 
Victims of Child Abuse and Neglect. These programs were added 
during the 102nd Congress. Two of these programs, Part F--
Treatment for Juvenile Offenders Who are Victims of Child Abuse 
or Neglect and Part H--Boot Camps, have never been funded. 
Funding for the Part E--State Challenge Activities and Part G--
Mentoring Program received minimal funding. The Committee has 
also eliminated the separate funding stream for the Part D, 
Gang-Free Schools and Communities and Community-Based Gang 
Intervention. It is the view of the Committee that program 
dollars should be consolidated in order to provide States and 
local communities with one flexible funding stream to carry out 
activities to reduce juvenile delinquency.
    It is, however, not the intention of the Committee to 
discourage the types of activities authorized by these 
programs. Mentoring and the treatment of juvenile offenders who 
are victims of child abuse and neglect are uses of funds under 
the new prevention block grant.
    H.R. 1818 also modifies the State plan section of the 
formula grant program to include activities authorized as part 
of these separate programs. States will now be allowed to use 
their formula grant funds for activities related to boot camps, 
mentoring, and the treatment of juvenile offenders who are 
victims of child abuse and neglect.
    The Committee bill also eliminates the authorization for 
the White House Conference on Juvenile Justice. This conference 
has never been held and it is the view of the Committee that 
funds authorized for this purpose would be better used for 
State and local efforts to combat juvenile crime and to provide 
direct services to the juvenile population.

Outlining the new juvenile delinquency prevention block grant program

    In developing the prevention block grant program, the 
Committee wanted to make it as flexible as possible to give 
States and local communities broad discretion to meet their 
unique needs. As such, there are few State plan requirements. 
To be eligible to receive funds under this block grant program, 
States must be participating in the formula grant program and 
must agree to use 95 percent of the funds they receive to fund 
local projects. H.R. 1818 also requires States to provide for 
participation by community-based organizations and 
organizations in the local juvenile justice system which carry 
out programs, projects or activities to prevent juvenile 
delinquency in the development of their plan.
    In order to qualify for grants under the new prevention 
block grant program, eligible entities must apply to a local 
unit of government which has a plan for preventing juvenile 
delinquency. If the local unit of government agrees that the 
proposal set forth by the eligible entity is consistent with 
their local plan, the eligible entity may submit their 
application directly to the State or have such application 
submitted directly by the local unit of government. If the 
local unit of government submits more than one application to 
the State, they must submit all eligible applications at the 
same time in order to prevent the appearance of favoritism.
    Because some communities have more serious problems with 
juvenile crime, the Committee provides for States to give 
priority consideration to projects in areas where there is a 
disproportionately high level of serious crime committed by 
juveniles or a recent rapid increase in the number of non-
status offenses committed by juveniles. In addition, priority 
consideration is provided to those projects or activities which 
are multidisciplinary in nature. The Committee has witnessed 
several examples of exemplary delinquency prevention programs 
and found that one of the keys to their success has been the 
fact that they are multidisciplinary and meet a variety of the 
needs of participating youth.
    The Committee has outlined a broad range of prevention 
activities for which funds may be used under the prevention 
block grant program. Some of these programsare primary 
prevention programs and others provide for activities for youth already 
involved in the juvenile justice system. The Committee believes 
strongly that both types of activities are important and that 
communities should be able to choose which types of activities meet 
their specific needs. The Committee does not believe this list includes 
all of the possible prevention activities which could be undertaken by 
States and local communities. As such, the Committee allows funds to be 
used for other activities which local grantees believe are likely to 
prevent juvenile delinquency.
    The Juvenile Delinquency Prevention Block Grant in H.R. 
1818 was developed with the intention that funded programs be 
based on sound, proven crime prevention research whenever 
possible. Testimony provided during Subcommittee hearings 
reflected the increased need for juvenile delinquency 
prevention programs that work. Ms. Jocelyn Harper, representing 
the Sonoma County Office of Education, commented, ``* * * It is 
imperative that support continue to be provided for preventive 
and educational measures. Prevention of juvenile crime and 
gangs is beneficial to our society not only from a financial 
perspective, but also in terms of individual safety and 
community well-being.'' Ms. Teri Schmidet, Interventions 
Program Coordinator for Circuit Rider Productions testified on 
the need for ``Broader-based prevention strategies that involve 
community-based organizations, schools and other governmental 
and non-governmental agencies, involve accountability, setting 
community standards and involving the whole community in the 
effort.'' The Committee believes that prevention programs are 
most effective in reducing juvenile crime when they incorporate 
and integrate into these programs the findings of research or 
which are based on the experience of those individuals who have 
a history of working with this population. However, the 
Committee recognizes that more research on juvenile delinquency 
and the prevention of juvenile delinquency is needed. We 
encourage the Administrator to continue his efforts in 
disseminating to States and communities the available research 
and to continue to fund innovative research, as mentioned 
earlier in this report.
    Because the use of funds is very flexible, the Committee 
believes there should be strong accountability provisions in 
place to insure limited federal dollars support effective 
programs. Local grantees must include in their application the 
goals such project or activity is designed to achieve. If any 
entity that receives funds under this part fails to 
demonstrate, before the expiration of a two-year period, that 
they have achieved substantial success in achieving their 
stated goals, they will no longer be eligible to receive 
subsequent grants to carry out such project or activity. If, 
however, such grantee requested, and did not receive, technical 
assistance from the State or Administrator in order to insure 
the successful outcome of their project, such grantee cannot be 
denied further grants for such project or activity. The 
Committee believes that those grantees which understand their 
project is not achieving its goals and reach out for the 
assistance they need to improve should be provided such 
assistance. If they do not, the grantee should not be penalized 
by the denial of further grant funds.
    In conclusion, the Committee believes Washington does not 
have all the answers to preventing juvenile crime. States and 
local communities need the flexibility provided under this 
block grant program in order to effectively prevent juvenile 
crime. In his testimony before the Committee, Gil Garcetti, 
District Attorney for Los Angeles, stated, ``We at the local 
level are best able to develop solutions to our unique 
problems.'' Similarly, Jim Kester, Juvenile Justice Specialists 
for the State of Texas stated, ``A block grant would enable the 
State to plan comprehensively and not piece-meal. We believe 
that block grants will be most successful if Congress sets 
broad goals and allows states to have flexibility in 
implementing them.'' The Committee agrees with these witnesses 
and has provided them with such flexibility in the new block 
grant program.

Insuring appropriate treatment of delinquency youth who have been 
        abused

    A new State plan requirement addresses the need to insure 
appropriate interventions for youth who may have public child 
welfare records. Prevention of delinquent behavior requires 
early intervention and treatment. Effective treatment relies 
upon a thorough understanding of the underlying causes of a 
young person's behavior. Frequently, this behavior can only be 
understood by a juvenile court when it has full knowledge of a 
youth's family history. To address this problem, a provision is 
added to the Act to ensure that when a juvenile is before a 
court in the juvenile justice system, the court has available 
all public information on the child that would provide insight 
into the cause of a child's actions prior to the development of 
a treatment plan or a judicial decision about the disposition 
of the juvenile. The State, to the maximum extent practicable, 
should implement a system to ensure that if a juvenile is 
before a court in the juvenile system, public child welfare 
records (including child protective services records) relating 
to the juvenile that are on record in the geographical area 
under the jurisdiction of the court will be made known to the 
court. As long as appropriate care is taken to protect the 
confidentiality of such records, the Committee believes this 
new provision will assist in insuring appropriate interventions 
to prevent such youth's involvement in further delinquent 
activities.

General streamlining and flexibility

    The Committee believes it is very important to provide 
States with broad flexibility to design programs which meet 
their own unique needs in addressing problems of juvenile 
delinquency, especially juvenile crime. As such, the Committee 
has eliminated many unnecessary State plan requirements and 
other provisions which limit State flexibility. A number of 
witnesses testified in support of State and local flexibility. 
During hearings held during the 104th Congress, Ron Roberts of 
the San Diego County Board of Supervisors, stated, ``I would 
encourage the Subcommittee to support the elements of this 
legislation that provide flexibility to design and implement 
local solutions to local problems.''
    In addition, the Committee has included language in H.R. 
1818 which clarifies the regulatory authority of the 
Administrator to establish rules, regulations and procedures to 
the extent necessary to ensure compliance with the specific 
requirements of Title II or torespond to requests for 
clarification and guidance relating to such compliance. It is the view 
of the Committee that the Office of Juvenile Justice and Delinquency 
Prevention, in the past, has issued regulations which are more 
prescriptive than the mandates themselves. For instance, while the law 
requires separate facilities for juveniles and adults, the regulations 
went much further. For example, Virginia is in the process of building 
a juvenile facility on the same property as a facility for adults. The 
facilities are located one quarter of a mile apart. However, Virginia 
has spent $50,000 to build a hill of dirt on the property to ensure 
juveniles cannot see the adult facility because the Office of Juvenile 
Justice and Delinquency Prevention ruled they would otherwise not be in 
compliance with the mandate. The Committee recognizes the efforts of 
the current Administrator, Shay Bilchik, who has worked with the 
juvenile justice community to make major changes to reduce the 
regulatory burden on States and provide them with additional 
flexibility in meeting the requirements of the law. However, the 
Committee wants to insure that future Administrators are keenly aware 
of the impact of regulations on the ability of States to effectively 
deal with juvenile crime.
    The bill also provides that States, which have their own 
laws requiring compliance with the mandates on 
deinstitutionalization of status offenders, separate facilities 
for juveniles and adults, and sight and sound separation of 
juveniles from adults when they are held in the same 
facilities, shall be rebuttably presumed to satisfy the 
requirements under the Act. The bill does not include the 
mandate dealing with minority over-representation because this 
specific mandate already allows the State to design their own 
efforts to address minority over-representation in the juvenile 
justice system.
    This provision was supported during the 104th Congress by 
Jerry Kilgore, then the Virginia Secretary of Public Safety, 
who stated in his testimony before the Committee, ``Compliance 
monitoring and reporting requirements should be reduced for 
States such as Virginia, with State codes which prohibit the 
practices for which compliance monitoring is required.''
    The bill also provides the chief executive officer of each 
State with greater flexibility in designating the membership of 
the State advisory group, whose purpose is to advise the State 
on matters of juvenile justice. H.R. 1818 also requires, for 
the first time, that the State Attorney General or the State 
official with primary responsibility for overseeing the 
enforcement of State criminal laws is to be appointed as a 
member of the advisory group. The Act further stipulates this 
individual is to be consulted by the chief executive officer on 
the selection of other members of the group. The Committee 
strongly believes the individual in the State, be it the State 
Attorney General or some other official, who is responsible for 
overseeing the enforcement of State criminal laws should have a 
prominent role in planning for activities within the State 
which address juvenile crime. Their overall knowledge and 
expertise in this area should not be overlooked.
    Finally, the bill reported by the Committee revises a 
provision in current law dealing with the employment 
protections extended to employees whose employment may be 
affected by the assistance provided under the Act. This 
provision will require States to provide assurances that the 
assistance provided under the Act shall not cause the 
displacement (including a partial displacement such as a 
reduction in the hours of non-overtime work, wages, or 
employment benefits) of any currently employed employee, that 
activities assisted under this Act shall not impair an existing 
collective bargaining relationship, contract for services, or 
collective bargaining agreement, and that no activity that 
would be inconsistent with the terms of a collective bargaining 
agreement will be undertaken without the written concurrence of 
the labor organization. The Committee bill also contains a new 
provision which provides that nothing in this Act shall be 
construed to modify of affect any Federal or State law dealing 
with the collective bargaining rights of employees.
    It is the view of the Committee that this increased 
flexibility will go a long way in assisting States to develop 
innovative programs to reduce the incidence of juvenile 
delinquency.

Use of funds for construction

    Under current law, funds may be used with the 
Administrator's approval for up to 50 percent of the cost of 
construction of community-based facilities for fewer than 20 
persons. H.R. 1818 amends this to allow States, without the 
Administrator's approval, to use up to 15 percent of the 
available funds for the purpose or renovating or replacing 
juvenile facilities. In making this change, the Committee notes 
the increase in the rate of juvenile incarceration for criminal 
activities has resulted in many youth being housed in 
substandard facilities where facilities are inadequate for the 
number of juvenile offenders in residence and other conditions 
of confinement fall below acceptable standards. One example is 
the Del Norte County Juvenile Hall in Crescent City, 
California, a facility which is over 45 years old and being 
forced to handle double the number of youthful offenders for 
which it was designed. There is inadequate security, 
recreational opportunities, educational resources, and even 
ventilation in cells. It is the Committee's intent to allow 
States to use some of their funds to renovate or replace 
facilities such as the Del Norte County Juvenile Hall.

Prohibition on use of funds

    Section 116 of H.R. 1818 provides that funds may not be 
used to advocate for, or support, the unsecured release of 
juveniles who are charged with a violent crime. Justice 
Department statistics document that of State felony defendants 
released pending trial, 60 percent were not required to post 
cash bail. Only 2 in 5 were released under terms requiring a 
financial surety. One-third of State felony defendants are 
either re-arrested for a new offense before trial or fail to 
appear in court as scheduled. Yet, of those already on pretrial 
release, 56 percent are released again when arrested on new 
felony charges. Those on secured release are far more likely to 
come back to court and answer the charges against them than 
those released on their own recognizance. Furthermore, more 
people are re-arrested while out on free release than when out 
on secured release. Withcash bail, private industry is 
monitoring defendants, bearing a cost normally borne by taxpayers. The 
Committee thus believes that funds available under the Act should not 
be subsidizing in any way the unsecured release into the community of 
juveniles charged with crimes of violence.

Research, evaluation, demonstration and statistical functions of the 
        Office of Juvenile Crime Control and Delinquency Prevention

     The Committee has provided for a consolidation of the 
research/evaluation and statistical functions currently 
performed by OJJDP under Part C authority, by OJJDP's Research 
and Program Development Division, by the National Institute of 
Justice (NIJ) and the Bureau of Justice Statistics (BJS), 
respectively. This consolidation is designed to enhance 
efficiency and eliminate duplication in the performance of 
these functions. While OJJDP has done an excellent job in these 
areas, particularly in the statistics area, with limited 
resources, more can be accomplished, particularly as resources 
are increased to support State and local programs. It is the 
Committee's expectation that the Office of Juvenile Crime 
Control and Delinquency Prevention (OJCCDP) will work closely 
with NIH and BJS in setting the research/evaluation and 
statistics agendas, combining OJCCDP's unique programmatic 
expertise with the technical skills and resources of NIJ and 
BJS. Once the purposes and goals are identified, these Office 
of Justice Programs bureaus could either carry out the 
identified activities directly or use assistance awards or 
contracts with eligible entities to carry out these functions. 
In addition, OJCCDP is authorized, with the approval of the 
Assistant Attorney General of the Office of Justice Programs, 
to use the services of any other Federal agency or entity, to 
carry out the research/evaluation and statistics functions. The 
Committee expects that OJCCDP will maintain qualified staff to 
plan, identify and oversee the performance of these functions 
and that the Administrator will continue to fund and administer 
existing research, evaluation, and statistics assistance and 
contract awards until the current project or activity has been 
completed. This will insure that the current expertise, project 
knowledge, and commitment to the successful completion of these 
projects is maintained.
     The Committee has also provided a new authority for the 
Administrator to carry out projects for the development, 
testing and demonstration of promising initiatives and programs 
for the prevention, control, or reduction of juvenile 
delinquency. It is the view of the Committee that the existing 
demonstration program was not responsive to changes in the 
nature of juvenile crime. In fact, the funds were often tied to 
a set of activities which had to be funded each year regardless 
of the needs of communities looking for effective initiatives 
to address juvenile crime. The Committee believes the new Part 
E demonstration program will provide the Administrator with the 
flexibility to test a wide range of activities and provide 
communities with an array of program models they can use to 
prevent juvenile delinquency.
     While the Committee is restructuring the range of 
activities carried out by the Administrator to provide greater 
flexibility in the types of programs and activities which are 
funded, it would like to note that some of the current programs 
and activities have been effective in their efforts to address 
juvenile crime. Clay Hollopeter, Executive Director, Boys and 
Girls Club, El Monte, California stated that the Director of 
the Office of Juvenile Justice and Delinquency Prevention 
needed to target programs that really work. He said, ``The 
present Administrator, Shay Bilchik, is performing very well, 
but needs to be allowed to target resources on programs that 
really work.''
     There are several organizations, such as Parents Anonymous 
which have made effective use of funds under this Act. Parents 
Anonymous has used funds under this act to develop partnerships 
with local communities to build and support strong, safe 
families and help break the cycle of abuse and, ultimately, 
delinquency. They have also used such funds to provide 
necessary training and technical assistance to state and local 
affiliates and to develop and expand their services. Similarly, 
the Hamilton Fish Institute has created local partnerships of 
schools, public safety officials, community organizations, and 
researchers to develop and field test violence reduction 
strategies. Such strategies are based on reviews of federal, 
state and local efforts to reduce youth violence and 
assessments of the local circumstances and needs. The Committee 
would also like to highlight the efforts of the University of 
Medicine and Dentistry of New Jersey (UNDNJ) and its Violence 
Institute, which capitalizes on the unique institutional 
resources at UMDNJ and program within the larger community to 
address the full panoply of violence: from research to 
discovering basic causes, to a series of programs designed to 
prevent the spread of violence and the devastating effect on 
its victims. The Committee is also impressed by the research 
and programmatic efforts of the Consortium on Children, 
Families and the Law, a multi-university initiative that should 
be looked upon as a resource in the prevention and treatment of 
youth violence, the examination of the impact of policies and 
practices currently guiding the juvenile justice system, and 
the development of alternatives for improving the legal system 
as it relates to children and families. Activities such as 
these as well as others carried out by organizations such as 
the National Center for Neighborhood Enterprise, the National 
Council of Juvenile and Family Court Judges, the National 
Collaboration of Youth and the National Recreation and Park 
Association have merit. The Committee urges the Office of 
Juvenile Crime Control and Delinquency Prevention to consider 
the benefit of continuing support for such activities under its 
new authority.

Grants to otherwise eligible organizations

     H.R. 1818 also provides that nothing in Titles I or II of 
the Act is to be construed to prevent financial assistance from 
being awarded through grants to any otherwise eligible 
organization. The purpose of this language is to clarify that 
faith-based organizations should not be refused funding because 
they have a religious affiliation. As long as participants in 
activities carried out by such organizations are not required 
to participate in secular activities as a condition of 
participation (or to be affiliated with a specific religion), 
the Committee believes such organizations are well qualified to 
provide quality delinquency prevention and intervention 
services.
    Pat Nolan, President of Justice Fellowship, the public 
policy arm of Prison Fellowship Ministries, cited Teen 
Challenge, a faith-based juvenile offender ministry 
headquartered in Springfield, Missouri: ``A 1975 federal 
government study of Teen Challenge documented that seven years 
later 70 percent of graduates of the program had not gotten 
into trouble. Another study showed 67 percent of Teen Challenge 
graduates abstained from alcohol and drugs. These statistics 
show that faith-based programs are the one activity proven to 
change young lives for the better.''

Clarification of modification to definitions

    The changes to the definitions of ``secure detention 
facility'' and ``secure correctional facility'' are designed to 
exclude facilities that house only non-offender juveniles from 
these statutory definitions. Shelter facilities that house 
these juveniles, who range in age from newborns to age 18, may 
have construction features designed to restrict the movement of 
children in these facilities for their own safety and 
protection. It is not Congress' intent to prohibit the use of 
dedicated facilities for these children even where they might 
otherwise be classified as secure. However, where a hardware 
secure facility houses juvenile offenders, whether status or 
delinquent, it continues to be defined as a secure detention or 
correctional facility subject to the core requirements of the 
Act. It is our expectation that, with this clarification, the 
Office of Juvenile Crime Control and Delinquency Prevention 
will take steps to provide that its regulatory 24-hour hold 
exception to the current Section 223(a)(12)(A) 
deinstitutionalization requirement applies only to status 
offenders and does not apply to non-offenders. It is the 
Committee's view that non-offenders, such as abused and 
neglected children, should never be placed in any type of 
secure facility where they are in contact with juvenile 
offenders.

Need for coordination

     The Committee has eliminated the requirement for an 
independent Coordinating Council on Juvenile Justice and 
Delinquency Prevention. This is far from an indication that 
there is not a need to coordinate existing efforts to prevent 
and control juvenile delinquency. Rather, it is an indication 
that there is not the need for a formal independent 
organization in the executive branch of the Federal Government 
to serve this function.
     On March 6, 1996 the General Accounting Office issued a 
report entitled ``At-Risk and Delinquent Youth: Multiple 
Federal Programs Raise Efficiency Questions.'' This report 
found that the Federal government currently has 131 programs, 
administered by 16 different departments and other agencies, 
that may be used to benefit at-risk or delinquent youth. For 
programs for which GAO was able to obtain funding data (109 
programs, or 83 percent), total estimated appropriations used 
for youth in fiscal year 1995 exceeded $4 billion. The report 
further stated, ``The current system of federal programs for 
at-risk or delinquent youth creates the potential for overlap 
of services. Our analysis showed that, in many cases, it was 
possible for two or more programs to provide similar services 
to the same target group.''
     Obviously there is the need to coordinate efforts to 
address the needs of at-risk and delinquent youth in order to 
prevent overlap and duplication. As such, the Committee has 
amended Section 204 of current law, Concentration of Federal 
Efforts, to allow the Administrator to require Federal 
departments and agencies engaged in any activity involving any 
Federal juvenile delinquency program to provide the 
Administrator with such information ``as may be appropriate to 
prevent the duplication of efforts, and to coordinate 
activities, related to the prevention of juvenile 
delinquency.''
     Should the Administrator choose to carry out this 
responsibility through the creation of an informal coordinating 
council, nothing in this Act would prevent the Administrator 
from taking such action.

                       RUNAWAY AND HOMELESS YOUTH

    In recent years, there have been many proposals to 
consolidate RHYA, TLP and DEPP into one comprehensive program 
for runaway and homeless youth. The current law configuration 
of three separate funding streams has proven to be piecemeal, 
unnecessary and duplicative. There has been agreement that 
consolidation would significantly reduce the burden of grant 
applications and administration for agencies serving runaway 
and homeless youth. Additionally, local communities need and 
want greater flexibility in designing services to this target 
population. The Committee report accompanying the Labor, Health 
and Human Services, and Education Appropriations bill for 
fiscal year 1996 directly addressed the need for a consolidated 
authorization by stating ``The budget request proposed to 
consolidate these programs; the (Appropriations) Committee has 
not done this because it is not authorized by law.'' The need 
for consolidation of these programs was additionally part of 
their rationale in defunding the Drug Education Prevention 
Program. ``The elimination of small categorical programs also 
saves Federal administrative costs, and reduces bureaucratic 
paperwork and grant forms that must be filled out by the local 
providers.'' Additionally, both the Bush and Clinton 
administrations' have proposed consolidation of these programs.
     While the desire to consolidate the funding streams has 
been non-controversial, the Committee has taken special steps 
to preserve the distinct differences between the basic center 
grants and transitional living programs and in particular, not 
to administer funds for both programs under a single formula 
allocation. In testimony before the Committee in the 104th 
Congress, James Braun, President and CEO of Youth in Need, St. 
Charles, MO stated:

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

    The Committee, working in conjunction with the Department 
of Health and Human Services, constructed legislation that 
directly addresses the consolidation concerns. The legislation 
consolidates the authorization for the current Runaway and 
Homeless Youth, Transitional Living for Homeless Youth, and the 
Drug Education and Prevention for Runaway and Homeless Youth 
programs into a single funding stream, while retaining the 
formula based allocation for basic center grants and the 
national competitive process for transitional living grants. 
The Runaway and Homeless Youth Program will continue to provide 
grants to local public and private organizations to establish 
and operate local runaway and homeless youth centers to address 
the crisis needs of runaway and homeless youth and their 
families. Grants will continue to be used to develop or 
strengthen community based centers which are outside the law 
enforcement, juvenile justice, child welfare and mental health 
systems. Additionally, home-based, street-based and drug 
education and prevention activities are all allowable uses of 
funds under the basic center grants. The Runaway and Homeless 
Youth Act continues to require that 90 percent of the program 
funds be used to establish and operate Basic centers and 
transitional living programs which meet the immediate needs of 
runaway and homeless youth. Basic center grants would continue 
to be allotted among the States based on each State's 
population under 18 years of age. Applications for basic center 
grants are selected for funding through a competitive review 
process based on each State's allocation of funds under the 
formula.
    The Transitional Living Program would no longer have a 
separate funding stream, but would continue to receive no less 
than 20% and no more than 30% of the appropriation. The 
Transitional Living grants will continue to be awarded by the 
Secretary on a national competitive basis.
    Despite the fact that the Drug Education and Prevention 
Program (DEPP) did not receive funding in FY '96 and FY '97, 
the Committee recognizes the importance of drug education and 
prevention among the runaway and homeless youth population and 
continues to make it an allowable use of funds under the basic 
center grants.
    In addition to the funds which directly support basic 
centers and temporary shelters for runaway and homeless youth, 
approximately 10 percent of the funds in each of the past five 
years have been used to fund projects which support and 
strengthen the work of the shelters. These include: the 
national toll free runaway and homeless youth hotline, training 
and technical assistance activities; research and demonstration 
projects; and methods to improve program administration, 
outreach, and prevention activities among local shelters. 
Though earmarks for funding of particular programs were 
consolidated throughout the legislation, the Committee strongly 
supports the continuation of these type of activities, such as, 
the national toll free hotline.
    The Committee bill corrects several legislative drafting 
errors from the previous authorization. One of the most 
substantive corrections is to the Grants for Prevention of 
Sexual Abuse and Exploitation. This program was included in the 
Violent Crime Control and Law Enforcement Act of 1994 as an 
amendment to the Runaway and Homeless Youth Act. The amendments 
were not executed because of incorrect section references. This 
program allows the Secretary to make grants to private non-
profit agencies for street based outreach and education 
including treatment, counseling, information and referral to 
runaway, homeless and street youth who are at risk of sexual 
abuse. Despite the drafting error, the program did receive $5.5 
million in funding in FY '96 and $8 million in FY '97 from the 
Violent Crime Trust Fund. In correcting the technical errors, 
it is the intent of the Committee that this program continue to 
receive funding from the Violent Crime Trust Fund. The 
authorization is updated to the year 2001 at ``such sums.''
    The Committee bill significantly improves the operation and 
effectiveness of the RHYA by streamlining the Act; reducing the 
number of separately authorized programs; removing duplicative 
provisions, and improving the organization of the Act. It 
changes reporting requirements and requires HHS to submit a 
biennial (instead of annual) report to Congress. Additionally, 
the bill repeals the separately authorized Temporary 
Demonstration Projects to Provide Services to Youth in Rural 
Areas which has never received an appropriation. The bill 
highlights the need for runaway and homeless youth services in 
rural areas in the ``findings'' section of the text. The 
authorization of the Act is updated to the year 2001 and 
authorized at ``such sums''.
    The Act has been successful in helping to meet the needs of 
runaway and homeless youth. The Committee amendments will help 
to strengthen these activities and protect youth by keeping 
them off the streets, away from criminal activities and out of 
desperate circumstances. The Committee hopes that these 
programs will continue to focus on youth with the greatest need 
for these services and continue to reunite youth with their 
families.

                         MISSING CHILDREN'S ACT

    Title V of the Juvenile Crime Control and Delinquency 
Prevention Act makes an amendment to The Missing Children's 
Assistance Act to provide a separate authorization of $5 
million per year for Fiscal Years 1998-2001 for the National 
Center for Missing and Exploited Children (NCMEC). For thirteen 
years, NCMEC has successfully served as the national resource 
center and clearinghouse under the Missing Children's 
Assistance Act. Every three years it has successfully competed 
for a grant award from the Office of Juvenile Justice and 
Delinquency Prevention (OJJDP) and in FY '97 was awarded $4.2 
million. The Center has worked in partnership with the U.S. 
Justice Department, U.S. Treasury Department, and the U.S. 
State Department and other agencies in the effort to recover 
missing children and to help prevent all children from 
victimization.
    Since 1984, NCMEC has assisted in the recovery of more than 
35,000 children worldwide, and handled more than one million 
calls through its 24 hour toll free hotline. It has trained 
more than 135,000 professionals, and disseminated 14 million 
free publications to citizens and professionals. In 1997, the 
Center, in partnership with the Office of Juvenile Justice and 
Delinquency Prevention and the FBI, launched a program to train 
local law enforcement on how to properly respond to missing 
children cases.
    Due to the increasing tragedies involving child victims, 
the Committee believes that we must continue to support the 
Center and the efforts to locate and recover missing children 
and help to prevent child abductions, molestation and sexual 
exploitation.
    In the 104th Congress, the Committee extended the 
authorization of the Missing Children's Act through the year 
2001.

                      Section by Section Analysis

    Section 1. Short Title; Table of Contents. Cites the short 
title as ``Juvenile Crime Control and Delinquency Prevention 
Act of 1997'' and provides a table of contents.

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

    Section 101. Findings. Sets forth the findings of the 
Juvenile Crime Control and Delinquency Prevention Act.
    Section 102. Purpose. Sets forth the purpose of the 
Juvenile Crime Control and Delinquency Prevention Act of 1974.
    Section 103. Definitions. Modifies and adds to the 
definitions under this Act.
    Section 104. Name of Office. Renames the Office of Juvenile 
Justice and Delinquency Prevention as the Office of Juvenile 
Crime Control and Delinquency Prevention.
    Section 105. Concentration of Federal Effort. Revises the 
duties of the Administrator.
    Section 106. Coordinating Council on Juvenile Justice and 
Delinquency Prevention. Eliminates the Council.
    Section 107. Annual Report. Amends the required content of 
the Annual Report by requiring an evaluation of the 
effectiveness of programs funded in the Title.
    Section 108. Allocation. Makes technical corrections to 
Section 222 of the Juvenile Justice and Delinquency Prevention 
Act.
    Section 109. State Plans. Revises the makeup, 
qualifications and duties of State advisory groups. Amends or 
eliminates specific state plan requirements. Modifies the list 
of activities eligible for funding under the formula grant 
program.
    Section 110. Juvenile Delinquency Prevention Block Grant 
Program. Establishes the Juvenile Delinquency Prevention Block 
Grant. Sets forth the allocation of funds, state plan 
requirements and criteria and eligibility for grants for local 
projects. Repeals Part C (National Programs), Part D (Gangs), 
Part E (State Challenge Activities), Part F (Treatment of 
Juvenile Offenders Who Are Victims of Child Abuse or Neglect), 
Part G (Mentoring), Part H (Boot Camps), and the first sub-part 
of Part I (White House Conference on Juvenile Justice).
    Section 111. Research; Evaluation; Technical Assistance; 
Training. Authorizes research, training, technical assistance 
and information dissemination regarding juvenile justice 
matters through the Office of Juvenile Crime Control and 
Delinquency Prevention..
    Section 112. Demonstration Projects. Permits the 
Administrator to award grants for developing, testing, and 
demonstrating new initiatives and programs for the prevention, 
control or reduction of juvenile delinquency.
    Section 113. Authorization of Appropriations. Authorizes 
such sums as may be appropriate to carry out Title II of this 
Act.
    Section 114. Administrative Authority. Modifies the section 
of current law outlining the Administrator's authority to 
establish rules, regulations, and procedures.
    Section 115. Use of Funds. Modifies current law to permit 
up to 15% of funds from a State's allocation to be used for 
replacement or renovation of facilities.
    Section 116. Limitation on Use of Funds. Adds a new section 
to title II of current law to prevent funds from being used to 
support the unsecured release of juveniles charged with a 
violent offense.
    Section 117. Rules of Construction. Adds a new section to 
title II of current law to clarify that nothing in titles I or 
II or the law is to prevent otherwise eligible organizations 
from receiving grants or to modify or affect existing Federal 
or State laws related to collective bargaining rights of 
employees.
    Section 118. Leasing Surplus Federal Property. Permits the 
Administrator to receive surplus federal property and lease it 
to eligible entities for uses as juvenile facilities or to use 
for delinquency prevention and treatment activities.
    Section 119. Issuance of Rules. Allows the Administrator to 
issue rules to carry out the title.
    Section 120. Technical and Conforming Amendments. Sets 
forth technical and conforming changes.
    Section 121. References. Establishes that any references to 
the Office of Juvenile Justice and Delinquency Prevention or 
the National Institute of Juvenile Justice and Delinquency 
Prevention are deemed to include a reference to the Office of 
Juvenile Crime Control and Delinquency Prevention

         Title II--Amendments to the Runaway and Homeless Youth

    Section 201 amends the findings in Section 302 of the 
Runaway and Homeless Youth Act.
    Section 202 amends Section 311 of the Runaway and Homeless 
Youth Act. It gives the Secretary authority to make grants to 
public and nonprofit private entities to provide services for 
runaway and homeless youth and their families. Additionally, it 
defines the services which may be provided under the Runaway 
and Homeless Youth Act.
    Section 203 amends the eligibility and reporting 
requirements under Section 312 of the Runaway and Homeless 
Youth Act. This section includes technical changes and 
specifically lists reporting requirements that applicants must 
submit to the Secretary. It lists the services which an 
applicant must plan to provide in order to use grant money for 
street-based services, home-based services and for drug abuse 
and prevention services.
    Section 204 amends Section 313 of the Runaway and Homeless 
Youth Act, stating that the Secretary may take into 
consideration the geographical distribution of proposed 
services and the areas in the State that have the greatest need 
for such services. It also continues to require the Secretary 
to give priority to eligible applicants that are experienced in 
providing services to runaway youth and to grant applications 
that are less than $200,000.
    Section 205 makes technical changes to Section 321 of the 
Runaway and Homeless Youth Act.
    Section 206 amends the eligibility requirements for the 
Transitional Living Grant Program under Section 322(a)(9) of 
the Runaway and Homeless Youth Act, by stating that the annual 
report submitted, by grant applicants, to the Secretary must 
include statistical summaries describing the number and 
characteristics of the services provided to the homeless youth 
under the Transitional Living Program.
    Section 207 amends Section 343, grants for research, 
demonstration and service projects. It also strikes home-based 
and street-based services from the research and demonstration 
projects.
    Section 208 repeals Section 344, Temporary Demonstration 
Projects to Provide Services to Youth in Rural Areas of the 
Runaway and Homeless Youth Act.
    Section 209 makes technical corrections to the Sexual Abuse 
Prevention Program, Section 40155 of the Violent Crime Control 
and Law Enforcement Act of 1994 and extends the authorization 
of the program through the year 2001.
    Section 210 amends Section 371, Assistance to Potential 
Grantees, of the Runaway and Homeless Youth Act, by striking 
the last sentence in Section 371.
    Section 211 amends Section 381 of the Runaway and Homeless 
Youth Act. It requires that no later than April 1, 1999 and in 
two year intervals thereafter, the Secretary must submit a 
report, to the House Education and the Workforce Committee and 
the Senate Judiciary Committee on the status and activities of 
the grantees who are awarded grants under this Act. Section 381 
lists specific information that must be included in the report. 
Additionally, this section requires the Secretary to include in 
the report summaries of the Secretary's evaluations of grantees 
and descriptions of the qualifications and training of the 
individuals administering the evaluation.
    Section 212 amends Section 384 of the Runaway and Homeless 
Youth Act to address Evaluation and Information by the 
Secretary. It directs the Secretary to conduct on-site 
evaluation if a grantee received grants under Parts A, B, C, D, 
or E for three consecutive years. It further stipulates the 
purposes of the on-site visits and requires that the recipients 
of the grants, under this Title, shall cooperate with the 
Secretary's efforts to carry out evaluations and collect 
information.
    Section 213 amends Section 385, the authorization of the 
Runaway and Homeless Youth Act and authorizes appropriations 
for fiscal years 1998, 1999, 2000 and 2001. Additionally, it 
directs how the appropriation shall be divided among the 
programs and redesignates Section 385 as Section 389.
    Section 214 inserts a new Section 385 giving the Secretary 
the authority make a single announcement on the availability of 
funds and to implement a single consolidated application review 
process.
    Section 215 inserts a new Section 386 which contains the 
definitions for this title.
    Section 216 redesignates particular sections of the Runaway 
and Homeless Youth Act.
    Section 217 contains technical amendments.

  Title III--Repeal of Title V Relating to Incentive Grants for Local 
                    Delinquency Prevention Programs

    Section 301 repeals Title V, Incentive Grants for Local 
Delinquency Prevention Programs of the Juvenile Justice and 
Delinquency Prevention Act.

                      Title IV--General Provisions

    Section 401 Effective Date; Application of Amendments. This 
Act takes effect upon enactment and amendments made by this Act 
apply to fiscal years beginning after September 30, 1997.

                   Title V--Miscellaneous Amendments

    Section 501 provides an authorization of $5,000,000 for the 
National Center for Missing and Exploited Children for each 
fiscal year through the year 2002.

                        Explanation of Amendment

     The Amendment in the Nature of a Substitute is explained 
in this report.

                  Oversight Findings of the Committee

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

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1818.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1818. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted costestimate of the bill prepared 
by the Director of the Congressional Budget Office under section 403 of 
the Congressional Budget Act of 1974.

                        Constitutional Authority

    The Juvenile Justice and Delinquency Prevention Act of 1974 
and the amendments made thereto by H.R. 1818, are 
constitutional under the spending clause of the Constitution, 
article I section 8, clause 1.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill provides funds to States for programs and 
services to eligible recipients; the bill does not prohibit 
legislative branch employees from otherwise being eligible for 
such services.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates. The Committee 
received a letter regarding unfunded mandates from the Director 
of the Congressional Budget Office and as such the Committee 
agrees that the bill does not contain any unfunded mandates. 
See infra.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 1818 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 24, 1997.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1818, the Juvenile 
Crime Control and Delinquency Prevention Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for federal 
costs are Mark Grabowicz and Dorothy Rosenbaum. The CBO contact 
for the state and local impact is Leo Lex.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 1818--Juvenile Crime Control and Delinquency Prevention Act of 
        1997

    Summary: H.R. 1818 would authorize such sums as may be 
necessary for each of fiscal years 1998 through 2001 for 
juvenile delinquency prevention block grants, runaway and 
homeless youth grants, and related programs.
    Assuming appropriations of the necessary funds, CBO 
estimates that enacting H.R. 1818 would result in additional 
discretionary spending of between $800 million and about $850 
million over the 1998-2002 period. The bill would not affect 
direct spending or receipts, so pay-as-you-go procedures would 
not apply. H.R. 1818 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 (UMRA) and would not impose any costs on state, local, 
or tribal governments.
    Estimated cost to the Federal Government: For the purposes 
of this estimate, CBO assumes that the amounts estimated to be 
authorized by the bill will be appropriated by the start of 
each fiscal year and that outlays will follow the historical 
spending rates for these programs. Because H.R. 1818 would 
authorize such sums as necessary for the affected programs, CBO 
prepared two sets of estimated authorization levels, 
representing continued funding for these programs at current 
levels of appropriations, both with and without adjustment for 
anticipated inflation.
    One program, the Sexual Abuse Prevention Program, is 
currently authorized at $15 million for fiscal year 1998 under 
the Violent Crime Control and Law Enforcement Act of 1994. The 
bill would repeal that authorization and newly authorize it at 
such sums as may be necessary for fiscal years 1998 to 2001 as 
a new part of the Runaway and Homeless Youth Act. For this 
program, CBO estimates no change in the authorized level for 
fiscal year 1998. (Using that existing authorization level for 
1998 results in a total level of estimated authorizations for 
1998 that is slightly higher than total appropriation amounts 
for 1997.)
    The estimated budgetary impact of H.R. 1818 is shown in the 
following table.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending under current law:                                                                                     
    Authorization level \1\...............................      242       15        0        0        0        0
    Esimated outlays......................................      165      190      112       63        0        0
                                                                                                                
                                        WITHOUT ADJUSTMENT FOR INFLATION                                        
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level.........................        0      234      249      249      249        0
    Estimated outlays.....................................        0       39      128      186      249      206
Spending under H.R. 1818:                                                                                       
    Estimated authorization level \1\.....................      242      249      249      249      249        0
    Estimated outlays.....................................      165      229      240      249      249      206
                                                                                                                
                                          WITH ADJUSTMENT FOR INFLATION                                         
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level.........................        0      239      261      268      275        0
    Estimated outlays.....................................        0       40      131      195      265      223
Spending under H.R. 1818:                                                                                       
    Estimated authorization level \1\.....................      242      254      261      268      275        0
    Estimated outlays.....................................      165      230      243      258      265      223
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.                                                    

    The costs of this legislation fall within budget functions 
750 (administration of justice) and 500 (education, training, 
employment, social services).
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 1818 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. In addition to replacing a number of juvenile 
justice programs with a juvenile delinquency prevention block 
grant, the bill would change some conditions of aid for state 
and local governments receiving funds for juvenile delinquency, 
runaway and sexual abuse programs.
    Estimated impact on the private sector: H.R. 1818 would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Mark Grabowicz and 
Dorothy Rosenbaum. Impact on State, local, and tribal 
governments: Leo Lex.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
                            DISSENTING VIEW

                            I. Introduction

    Juvenile crime is a problem that should concern all 
Americans. As a doctor of obstetrics I have enjoyed the 
privilege of bringing more than 3,000 new lives into the world, 
I know there are few things more tragic than when a young 
person disregards the rights of their fellow citizens and 
jeopardizes their own future by engaging in criminal activity. 
Furthermore, as the number and severity of crimes committed by 
juvenile offenders increase, juvenile crime becomes a greater 
threat to the social order.
    Therefore, no one can argue the need for action taken to 
discourage juveniles from embarking on criminal careers. 
However, the voluntary actions of private individuals, 
supported by local communities and state governments, are much 
more capable of preventing juvenile crime than the federal 
government. Individuals acting at the local level know the 
needs of the youths in their community much better than 
Washington bureaucrats, so they can best develop programs that 
effectively prevent children from engaging in criminal 
activity.
    Unfortunately, the Juvenile Crime Control and Delinquency 
Prevention Act (H.R. 1818) furthers Congress' unconstitutional 
interference in crime control and prevention by dictating the 
nature and shape of juvenile crime programs for each of the 
fifty states. Therefore, Congress should reject H.R. 1818 and 
instead repeal all mandates that interfere with the states' 
sovereign right to conduct juvenile prevention programs, and 
defund all federal crime control and prevention programs, in 
order to return money and, at the same time authority, for 
juvenile crime prevention where it constitutionally belongs to 
``the States or to the people.''

           II. Objections to the Part B (Formula) Block Grant

    H.R. 1818 provides states with two federal block grants for 
juvenile crime, a formula (part B) grant and a prevention (part 
C) grant. Some proponents of the act claim that this bill is 
worthy ofsupport as it loosens the chains on state juvenile 
prevention programs imposed by previous Congresses. However, any 
federally-imposed mandate, no matter how ``flexible,'' violates the 
tenth amendment to the United States Constitution.
    The tenth amendment limits the federal government to those 
functions explicitly enumerated in the Constitution. Other than 
in these few areas, the states are sovereign. Therefore the 
federal government has no authority to finance or manage state 
programs regarding social problems such as juvenile crime.
    Block grants may appear to allow for greater state autonomy 
than programs directly controlled by Washington, but they still 
involve federal control and, more importantly, financing. 
Taxing the people of Texas to pay for programs in New York or 
Montana is an insult to the Constitution and the donor states.
    Under the Part B mandate, states must comply with four 
``core'' federal mandates to receive federal tax dollars. The 
federal government would have the power to reduce a state's 
funding if a state failed to comply with one of these mandates. 
When the federal government assumes the power to reduce funding 
according to that state's level of compliance with the federal 
mandates, it transforms the relationship between the states and 
the federal government from one of two sovereign entities into 
one resembling that of a teacher scolding a disobedient pupil.
    Furthermore, federal mandates employ a ``one-size-fits-
all'' model, which ignores differences between individual 
states and between various areas within a state. For example, 
there may be areas that will incur tremendous costs in removing 
a juvenile from an adult facility within forty-eight hours. 
Complying with this federal mandate may thus divert an area's 
resources from other projects that may better serve the needs 
of that particular jurisdiction's youth.
    H.R. 1818 also lists permissible uses for which the states 
may expend their federally-provided funds. One of these 
permissible uses of federal funds is for programs aimed at 
preventing ``hate crimes'' by juveniles. Preventing crimes 
based on prejudice is certainly a worthy goal, however, by 
punishing certain crimes more harshly than others because of 
this motivation, the government is, in effect, punishing people 
for holding certain views. Punishment for one's thoughts, as 
distinct from one's actions, is in conflict with the 
Constitutional guarantees against government restrictions on 
freedom of speech and thought. Federal tax monies certainly 
should not be spent to encourage localities to disregard the 
first amendment in the name of crime control.
    H.R. 1818 also encourages states to create a system of 
records for juvenile criminals similar to that kept by each 
state on adult criminals, including the transmission of those 
records to the FBI. Given the recent controversy over the 
misuse of FBI files, all citizens should be wary of expanding 
the records kept on private citizens by the FBI, particularly 
given the conspicuous lack of language in the bill guarantying 
that someone who committed a crime as a juvenile but reformed 
oneself to become a respected member of the community will not 
be haunted by his past because some vengeful person acquired 
his FBI file.

         III. Objections to the Part C (Prevention) Block Grant

    H.R. 1818 also provides states with a second block grant, 
not contingent upon compliance with the four federal mandates. 
Under this block grant, states distribute their funds to local 
governments and private organizations to run prevention 
programs. While states do not have to comply with any specific 
federal mandates to receive these funds, they do have to submit 
a plan to the Federal Government for approval.
    States may distribute funds only to those local governments 
that have taken the time and effort to prepare a 
``comprehensive plan'' for combating juvenile crime. 
Organizations with prevention programs that wish to receive 
federal funding must submit a plan to their local unit of 
government. Organizations must meet the goals of the local plan 
and include the goals of the program, the means of measuring 
their goals, and any research relied upon in developing their 
application. Before they can begin serving children, after the 
local government approves the plan, it must be submitted to the 
state government for approval. If the state government approves 
the plan, the operations may begin. Surely, states, 
communities, and local citizens could design a less 
bureaucratic system to help get funds to worthy programs 
serving juveniles than the system outlined in this bill.
    Among the organizations that may apply for funding under 
H.R. 1818 are faith-based organizations. I have little doubt 
that instilling a child with a deep and abounding faith is, 
second to a loving family, the best way to ensure that child 
refrains from criminal activities. However, allowing faith-
based organizations access to federal taxpayer dollars may 
change those organizations into lobbyists who will compromise 
their core beliefs rather than risk alienating members of 
Congress and thus losing their federal funds. Thus, allowing 
faith-based organizations to receive federal funds may 
undermine both future attempts to reduce the federal role in 
juvenile crime and undermine America's tradition of non-
establishment of religion.

                             IV. Conclusion

    The drafters of the Bill of Rights knew quite well that it 
would be impossible for a central government to successfully 
manage juvenile prevention programs for as large and diverse a 
country as America. The founders also understood that federal 
involvement in crime prevention and control would lead to a 
loss of precious liberty.
    The current system, of sending money to Washington, only to 
return it, in part, to the states, local communities, and 
individual citizens, serves only to drain resources away from 
those best able to create and manage effective juvenile crime 
programs: people at the local level who know best the needs of 
the children in that area.
    Forcing states to comply with federal mandates and forcing 
local providers to comply with federal paperwork requirements 
is a further waste of valuable resources that could be used to 
directly benefit the area's youth.
    H.R. 1818 insults the constitutional sovereignty of the 
individual state, and continues federal involvement in crime 
prevention and control. Therefore, all Representatives who 
support the federal system as specified in the original 
Constitution should oppose the Juvenile Crime Control and 
Delinquency Prevention Act.

                                                          Ron Paul.
                             MINORITY VIEWS

                            I. Introduction

    Traditonally, the Majority and Minority of this Committee 
have held strongly different views on crime prevention and the 
motivations for why people commit crimes. Democrats have 
advocated for primary prevention efforts with the specific aim 
of providing intervention before a juvenile encounters the 
justice system. In our view, intervention aimed at steering 
juveniles away from criminal activity will lessen the future 
burden on our social welfare and criminal justice systems, and 
it ensures that more of our young people become productive and 
successful adults. Our Republican colleagues have often sought 
to construct a system that deals mainly with the post-
adjudication phase of a juvenile's contact with the justice 
system. Encompassed in this approach has been a heavy emphasis 
on sanction-based methods with little significance given to 
intervention before a juvenile encounters law enforcement as 
the consequence of a delinquent act.
    During the 104th Congress, the process the Majority used to 
craft reauthorization of the Juvenile Justice and Delinquency 
Prevention Act (``the Act'') was unduly partisan and one-sided. 
H.R. 3876 eliminated and severely weakened many of the most 
effective provisions of current law. Particularly, the 
effectiveness of the four core mandates, which will be 
discussed in a later section, was significantly reduced. 
Additionally, H.R. 3876 eliminated the Act's only labor 
provision that merely provides that taxpayers funds will not be 
used to undermine existing State labor standards. Strong 
disagreements over this issue led to a complete breakdown in 
deliberation over the reauthorization bill.
    Fortunately, thus far in the 105th Congress, we have 
witnessed a willingness by the Majority to construct 
legislation aimed by producing well-founded public policy. H.R. 
1818 reflects this welcome spirit of bipartisanship. The 
cosponsorship by two of the Committee's Democratic leaders on 
juvenile justice is evidence of this new tenor.
    Despite the many hours of bipartisan Member and staff 
discussions which produced this truly balanced legislation, the 
Majority Committee report does not keep its focus squarely on 
the issue of reducing juvenile crime. In fact, there are times 
when the Majority expressed rhetoric as though it were fact 
concerning the need for changing the Act, thus undermanning the 
bipartisan nature of this legislation. We acknowledge the 
changing trends in juvenile crime, but we cannot endorse the 
use of such terms as ``superpredator'' to describe the youth 
who are driving these trends.
    The Minority supports both prevention and accountability as 
important themes in this legislation, precisely because the 
focus of this legislation is to reduce the number of children 
and youth who commit acts of violence. We can disagree about 
whether prevention programs are more effective in reducing 
crime than systems of accountability, but we cannot condone 
comparing children with animals, nor can we agree to a 
discussion on the moral values of these children, until the 
Majority acknowledges the social and economic causes of youth 
violence.

    II. Change in Funding Tied to Compliance With the Core Mandates

    Under the current statute, States are required to comply 
with the four core mandates of the Act in order to receive 100% 
of their funding. This structure ensured compliance by the 
States with these mandates and provided the basis for safe and 
equitable circumstances under which juveniles encounter the 
justice system.
    This bill would modify the percentage of funding provided 
for compliance with the core mandates. States would be provided 
50 percent of their funding as a base amount and an additional 
50 percent based on compliance with the four core mandates. 
While this change restructures the compliance provisions in the 
current statute, it should not be viewed by the States as a 
need, or a license, to lessen their commitment to maintaining 
the integrity of these mandates. Rather, this modification is a 
clear signal that the committee has closely scrutinized these 
mandates and has put a new emphasis on flexibility in complying 
with the statute. We wanted to make certain that, in addition 
to funds for compliance with the statute. We wanted to make 
certain that in addition to funds for compliance with the core 
mandates, there remains equal funding to carry out the Act's 
true purpose--the prevention of juvenile delinquency.

                           III. Core Mandates

               deinstitutionalization of status offenders

    When the Act was first enacted 23 years ago,a major focus 
was the deinstitutionalization of status offenders (DSO). The 
DSO mandate, adopted as part of the Act, prohibits States from 
placing status offenders (i.e. youth who commit offenses that 
would not be crimes if committed by an adult, such as running 
away from home, truancy, curfew violations or incorrigibility) 
and nonoffenders (i.e., abused and neglected children) in jails 
or other secure facilities. Over the years, States have moved 
dramatically from a punishment-oriented, institution-dominated 
approach to the establishment of critically needed community-
based programs. These treatment-oriented programs give law 
enforcement and the juvenile courts alternatives to locking up 
noncriminal youth. But even more importantly, status offenders 
are provided supervision and services, rather than exposure to 
more serious juvenile offenders. Research has shown that the 
deeper a youth penetrates the juvenile justice system, the more 
likely it is that he or she will fall back into criminal 
behavior.
    Despite the fact that most runaway youth are fleeing 
physical or sexual abuse, the notions that status offenders are 
disobedient minors and that truancy and running away are the 
first predictors of future delinquency are re-emerging.
    In deciding whether the DSO mandate should continue as a 
condition of receiving federal funds, the Committee properly 
deferred to juvenile justice practitioners. At the May 21, 
1997, Committee hearing, Representative Robert ``Bobby'' Scott 
(D-VA) asked the witnesses \1\ whether current law should be 
changed to permit detaining status offenders. All six witnesses 
responded ``no''. The witnesses further agreed that even 
temporary confinement in a secure facility for the child's 
protection'' was unnecessary. This testimony, coupled with our 
strong aversion to punishing children for having been victims, 
led to the Committee's retention of the DSO mandate.
---------------------------------------------------------------------------
    \1\ Witnesses included: James Sileo, National Board Member, Big 
Brothers and Big Sisters of America and Pennsylvania State Police 
Officer; Peter LaVallee, Director, Redwood Region Youth Service Bureau, 
Eureka, California; Michael Petit, Deputy Director, Child Welfare 
League of America; Judge Kimberly O'Donnell, Juvenile and Domestic 
Relations District Court of Richmond, Virginia; Betty Tatham, Executive 
Director, YWCA Buck County, Trevose, Pennsylvania; Jim Kester, Juvenile 
Justice Specialist, Criminal Justice Division, Texas Governor's Office.
---------------------------------------------------------------------------

              disproportionate minority confinement (dmc)

    The mandate requiring States to reduce the disproportionate 
number of minorities confined in secure facilities is 
undoubtedly the weakest, but the most misinterpreted of the 
four core requirements. In response to research demonstrating 
the existence of substantial racial disparity within the 
juvenile justice system, Congress amended the Act in 1992 to 
include the disproportionate minority confinement mandate 
(DMC). Under the Act,the DMC mandate requires States to 
``address efforts to reduce the proportion of juveniles 
detained or confined insecure 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.''
    Many States correctly interpreted this mandate as requiring 
them to address the causes of minority overrepresentation, if 
present. Other States, however, misinterpreted DMC as requiring 
the release of minority juveniles in order that their numbers 
in secure confinement would not exceed their numbers in the 
general population. Only Maine and Vermont found no DMC problem 
in their respective States.
    In retaining the DMC requirement, the Committee bill sought 
to strengthen and clarify the objective of this important core 
requirement. The Committee bill requires States to reduce 
disproportionate minority confinement by addressing both 
``delinquency prevention efforts and system improvement 
efforts.'' At the same time, the bill expressly states that DMC 
does not require ``numerical standards or quotas.''
    A major justification for retaining the mandate is to 
ensure that prevention efforts are targeted to communities 
where a disproportionate number of minorities are committed to 
the juvenile justice system. We know what works to reduce 
juvenile crime: mentoring programs, truancy prevention 
programs, recreation, guaranteed access to college, job 
training, drug rehabilitation, community-based family oriented 
services, and much more. Research shows that juvenile crime is 
substantially reduced when these types of prevention programs 
are introduced and maintained in impoverished communities.\2\
---------------------------------------------------------------------------
    \2\ A Columbia University study of Boys & Girls Clubs in public 
housing projects provides additional proof that prevention programs are 
effective. Crime in public housing projects with a Boys & Girls Club 
was 13% lower than in projects without a Club. Additionally, prevalence 
of drug activity is 22% lower in projects with a Club. And, in 
Glenarden, Maryland, recreation facilities that combine recreation with 
life skills workshops are credited with reducing drug related crime by 
60%.
    Also see, Mendel, R. ``Prevention or Pork? A Hard-headed Look at 
Youth-Oriented Anti-Crime Programs.'' Washington, D.C.: American Youth 
Policy Forum, (1995) p. 13.
---------------------------------------------------------------------------
    In addition to prevention programs, the Committee bill 
requires States to address ``system improvement efforts'' 
designed to reduce the disproportionate confinement of minority 
juveniles. States should take positive steps to address a 
system which employs, unintentionally or not, a selection bias 
from the moment of arrest through incarceration that results in 
a disproportionate number of minority youth in the juvenile 
system. Such efforts may include cultural competency training 
for law enforcement personnel, policymakers, and other juvenile 
justice professionals.
    In sum, the bill recognizes that regardless of the cause, 
be it that social and economic disparity, or racism, in a large 
number of crimes committed by minority youth, additional and 
important efforts must be directed toward reducing the 
overrepresentation of minority youth in the juvenile justice 
system.

                       sight and sound separation

    Separation of juveniles from adults in detention and 
correctional facilities remains a critical core requirement. 
This requirement was included along with the provision to 
deinstitutionalize status offenders at the inception of the 
Act. It highlights the general principle that youthful 
offenders have a right to receive the fundamental protections 
of the court as parens patriae. As such, the youthful offender 
should be assured of his or her physical and personal security 
while in detention or confinement.
    The Majority correctly notes that the modifications to the 
principle of sight and sound separation in H.R. 1818 should not 
be interpreted to mean that Congress has reduced its focus on 
this core requirement. The changes prohibit ``regular'' contact 
but allow for ``supervised,incidental contact'' and address the 
need for flexibility. However, by improving the flexibility of this 
requirement, the Minority cautions States not to relax their vigilance 
in this area. Forty-two States were in full compliance with the current 
law of sight and sound separation in 1994. The Minority applauds these 
States and encourages the other States to use the modifications to this 
provision in order to achieve full compliance with this provision.

                 removal of juveniles from adult jails

    The mandate which requires the removal of juveniles from 
adult jails and lockups continues to challenge State juvenile 
justice systems. This bill retains this important mandate to 
prohibit the housing of juveniles in adult facilities. 
According to the Bureau of Justice Statistics, approximately 
2,400 children are held as juveniles in adult jails on any 
given day. Only 14 States were in full compliance with this 
provision in 1994.
    We recognize the difficulties rural areas are facing with 
this requirement. H.R. 1818 expands the amount of time during 
which juveniles can be placed in adult facilities for initial 
court appearances from 24 hours to 48 hours. We generally 
regard adult facilities as inappropriate for short or long-term 
placements for juvenile offenders. Such facilities cannot 
provide the necessary space requirements to separate seriously 
violent youth from youth who commit lesser offenses. Adult 
jails also lack juvenile-specific corrections programming, 
health and mental health services, education services, and 
recreational activities.
    According to testimony offered by Mark Soler, president of 
the Youth Law Center, before the Senate Youth Violence 
Subcommittee rural areas can achieve compliance with this 
provision with a committed effort:

          * * * These states have gotten children out of their 
        jails in a variety of ways. Since the great majority of 
        children are taken to jails for status offenses or 
        minor crimes, many jurisdictions have allowed those 
        children to return home, sometimes with close 
        supervision or with electronic monitoring. 
        Jurisdictions have also developed community-based 
        programs for temporary housing of these children, 
        sometimes with specially-trained staff. Some have found 
        other property owned by the county and created small 
        secure facilities for the few children who truly need 
        to be locked up. Some have also developed contracts 
        with retired police officers, teachers, or others to 
        supervise arrested youth temporarily, or to transport 
        them to other jurisdictions that have appropriate 
        juvenile facilities. States across the country have 
        worked hard on this issue, and their effort have been 
        rewarded: those that want to comply with the federal 
        regulations and protect their children have been able 
        to do so.

                          IV. Rural Exception

    We are equally concerned that the Committee bill 
establishes a new rural exception which allows juveniles to be 
detained or confined in adult facilities when a parent or legal 
guardian consents and the court approves. In our view, legal 
counsel for youth must be included in any discussion on the 
placement of that youth in an adult facility. By omitting legal 
counsel from the group of concerned parties, the Majority fails 
to acknowledge that a child's best interest is legally 
represented by formal counsel during delinquency proceedings. 
Inasmuch as placement decisions are inherent to delinquency 
proceedings, legal counsel should be present in these 
discussions. The involvement of legal counsel in the decision 
does not establish counsel's primacy over the parent's wishes; 
rather it guarantees that the best interest of the child will 
be represented in the proceedings.
    We are also concerned that the rural exception allows for a 
juvenile to be housed in an adult facility throughout the time 
that juvenile is detained or confined before and after 
adjudication. Overall, children in adult institutions are five 
times more likely to be sexually assaulted, twice as likely to 
be beaten by staff, eight times more likely to commit suicide, 
and 50 percent more likely to be attacked with a weapon than a 
child in a juvenile facility. Given theextreme danger juveniles 
face in adult facilities, the rural exception should only be used for 
preadjudication detention, and the juvenile and juvenile's counsel 
should be able to require a transfer to a juvenile facility at any time 
without delay. Additionally, a juvenile should only be detained in an 
adult facility in a rural area if a judge rules, after consulting with 
the appropriate parties listed above, that such a detention is in the 
best interest of the child.

                        V. Faith Based Entities

    We support funding for faith-based organizations whose 
programs are not pervasively sectarian. The Young Men's 
Christian Association (YMCA), Catholic Charities, and similar 
organizations are excellent examples of religious-based 
organizations that operate government-financed programs which 
are not pervasively sectarian. Funds from this Act must not be 
used to carry out programs of religious instruction, 
proselytization, or other activities that would contravene the 
Establishment Clause of the First Amendment. Further, such 
organizations must not require participants to engage in 
secular activities as a condition of participation or to be 
affiliated with a specific religion. And finally, they must not 
discriminate against participants in programs funded by this 
Act or discriminate in employment in programs funded by this 
Act based on religious affiliation.

                                   William L. Clay.
                                   Dale E. Kildee.
                                   Major R. Owens.
                                   Patsy T. Mink.
                                   Tim Roemer.
                                   George Miller.
                                   Matthew G. Martinez.
                                   Donald M. Payne.
                                   Robert C. Scott.
                                   Lynn Woolsey.
                                   Chaka Fattah.
                                   Carolyn McCarthy.
                                   Ron Kind.
                                   Harold E. Ford, Jr.
                                   Carlos Romero-Barcelo.
                                   Ruben Hinojosa.
                                   John F. Tierney.
                                   Loretta Sanchez.
                                   Dennis J. Kucinich.
         Changes in Existing Law Made by the Bill, as Reported

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

        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

          * * * * * * *

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

                               [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 
delinquency in the United States today results in enormous 
annual cost and immeasurable loss of human life, personal 
security, and wasted human resources and that juvenile 
delinquency constitutes a growing threat to the national 
welfare requiring immediate and comprehensive action by the 
Federal Government to reduce and prevent delinquency.

                                [purpose

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


                                findings


  Sec. 101. (a) The Congress finds the following:
          (1) There has been a dramatic increase in juvenile 
        delinquency, particularly violent crime committed by 
        juveniles. Weapons offenses and homicides are 2 of the 
        fastest growing crimes committed by juveniles. More 
        than \1/2\ of juvenile victims are killed with a 
        firearm. Approximately \1/5\ of the individuals 
        arrested for committing violent crime are less than 18 
        years of age. The increase in both the number of youth 
        below the age of 15 and females arrested for violent 
        crime is cause for concern.
          (2) This problem should be addressed through a 2-
        track common sense approach that addresses the needs of 
        individual juveniles and society at large by 
        promoting--
                  (A) quality prevention programs that--
                          (i) work with juveniles, their 
                        families, local public agencies, and 
                        community-based organizations, and take 
                        into consideration such factors as 
                        whether or not juveniles have been the 
                        victims of family violence (including 
                        child abuse and neglect); and
                          (ii) are designed to reduce risks and 
                        develop competencies in at-risk 
                        juveniles that will prevent, and reduce 
                        the rate of, violent delinquent 
                        behavior; and
                  (B) programs that assist in holding juveniles 
                accountable for their actions, including a 
                system of graduated sanctions to respond to 
                each delinquent act, requiring juveniles to 
                make restitution, or perform community service, 
                for the damage caused by their delinquent acts, 
                and methods for increasing victim satisfaction 
                with respect to the penalties imposed on 
                juveniles for their acts.
  (b) Congress must act now to reform this program by focusing 
on juvenile delinquency prevention programs, as well as 
programs that hold juveniles accountable for their acts. 
Without true reform, the criminal justice system will not be 
able to overcome the challenges it will face in the coming 
years when the number of juveniles is expected to increase by 
30 percent.


                                purposes


  Sec. 102. The purposes of this title and title II are--
          (1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
          (2) to assist State and local governments in 
        promoting public safety by encouraging accountability 
        for acts of juvenile delinquency; and
          (3) to assist State and local governments in 
        addressing juvenile crime through the provision of 
        technical assistance, research, training, evaluation, 
        and the dissemination of information on effective 
        programs for combating juvenile delinquency.

                              definitions

    Sec. 103. For purposes of this Act--
          (1) * * *
          * * * * * * *
          (3) the term ``juvenile delinquency program'' means 
        any program or activity related to juvenile delinquency 
        prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and 
        research, including drug and alcohol abuse programs; 
        the improvement of the juvenile justice system; and any 
        program or activity [to help prevent juvenile 
        delinquency] designed to reduce known risk factors for 
        juvenile delinquent behavior, provides activities that 
        build on protective factors for, and develop 
        competencies in, juveniles to prevent, and reduce the 
        rate of, delinquent juvenile behavior;
          (4)(A) the term ``Bureau of Justice Assistance'' 
        means the bureau established by section 401 of title I 
        of the Omnibus Crime Control and Safe Streets Act of 
        1968;
          (B) the term ``Office of Justice Programs'' means the 
        office established by section 101 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968;
          (C) the term ``National Institute of Justice'' means 
        the institute established by section 202(a) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 
        1968; and
          (D) the term ``Bureau of Justice Statistics'' means 
        the bureau established by section 302(a) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968;
          * * * * * * *
          (7) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, [the Trust Territory of the Pacific 
        Islands,] the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands;
          * * * * * * *
          (9) the term ``combination'' as applied to States or 
        units of general local government means any grouping or 
        joining together of such States or units for the 
        purpose of preparing, developing, or implementing a 
        juvenile [justice] crime control and delinquency 
        prevention plan;
          * * * * * * *
          (12) the term ``secure detention facility'' means any 
        public or private residential facility which--
                  (A) * * *
                  (B) is used for the temporary placement of 
                any juvenile who is accused of having committed 
                an offense[, of any nonoffender,] or of any 
                other individual accused of having committed a 
                criminal offense;
          (13) the term ``secure correctional facility'' means 
        any public or private residential facility which--
                  (A) * * *
                  (B) is used for the placement, after 
                adjudication and disposition, of any juvenile 
                who has been adjudicated as having committed an 
                offense[, any nonoffender,] or any other 
                individual convicted of a criminal offense;
          (14) the term ``serious crime'' means criminal 
        homicide, forcible rape or other sex offenses 
        punishable as a felony, mayhem, kidnapping, aggravated 
        assault, drug trafficking, robbery, larceny or theft 
        punishable as a felony, motor vehicle theft, burglary 
        or breaking and entering, extortion accompanied by 
        threats of violence, and arson punishable as a felony;
          * * * * * * *
          (16) the term ``valid court order'' means a court 
        order given by a juvenile court judge to a juvenile--
                  (A) who was brought before the court and made 
                subject to such order; and
          * * * * * * *
                  [(C) with respect to whom an appropriate 
                public agency (other than a court or law 
                enforcement agency), before the issuance of 
                such order--
                          [(i) reviewed the behavior of such 
                        juvenile and the circumstances under 
                        which such juvenile was brought before 
                        the court and made subject to such 
                        order;
                          [(ii) determined the reasons for the 
                        behavior that caused such juvenile to 
                        be brought before the court and made 
                        subject to such order;
                          [(iii) determined that all 
                        dispositions (including treatment), 
                        other than placement in a secure 
                        detention facility or a secure 
                        correctional facility, have been 
                        exhausted or are clearly inappropriate; 
                        and
                          [(iv) submitted to the court a 
                        written report stating the results of 
                        the review conducted under clause (i) 
                        and the determinations made under 
                        clauses (ii) and (iii);
          [(17) the term ``Council'' means the Coordinating 
        Council on Juvenile Justice and Delinquency Prevention 
        established in section 206(a)(1);]
          [(18)] (17) the term ``Indian tribe'' means--
                  (A) a federally recognized Indian tribe; or
                  (B) an Alaskan Native organization;
          [(19)] (18) the term ``comprehensive and coordinated 
        system of services'' means a system that--
                  (A) * * *
          * * * * * * *
          [(20)] (19) the term ``gender-specific services'' 
        means services designed to address needs unique to the 
        gender of the individual to whom such services are 
        provided;
          [(21)] (20) the term ``home-based alternative 
        services'' means services provided to a juvenile in the 
        home of the juvenile as an alternative to incarcerating 
        the juvenile, and includes home detention;
          [(22)] (21) the term ``jail or lockup for adults'' 
        means a locked facility that is used by a State, unit 
        of local government, or any law enforcement authority 
        to detain or confine adults--
                  [(i)] (A) pending the filing of a charge of 
                violating a criminal law;
                  [(ii)] (B) awaiting trial on a criminal 
                charge; or
                  [(iii)] (C) convicted of violating a criminal 
                law; [and]
          [(23)] (22) the term ``nonprofit organization'' means 
        an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 that is exempt from 
        taxation under section 501(a) of the Internal Revenue 
        Code of 1986[.];
          (23) the term ``boot camp'' means a residential 
        facility (excluding a private residence) at which there 
        are provided--
                  (A) a highly regimented schedule of 
                discipline, physical training, work, drill, and 
                ceremony characteristic of military basic 
                training.
                  (B) regular, remedial, special, and 
                vocational education; and
                  (C) counseling and treatment for substance 
                abuse and other health and mental health 
                problems;
          (24) the term ``graduated sanctions'' means an 
        accountability-based, graduated series of sanctions 
        (including incentives and services) applicable to 
        juveniles within the juvenile justice system to hold 
        such juveniles accountable for their actions and to 
        protect communities from the effects of juvenile 
        delinquency by providing appropriate sanctions for 
        every act for which a juvenile is adjudicated 
        delinquent, by inducing their law-abiding behavior, and 
        by preventing their subsequent involvement with the 
        juvenile justice system;
          (25) the term ``violent crime'' means--
                  (A) murder or nonnegligent manslaughter, 
                forcible rape, or robbery, or
                  (B) aggravated assault committed with the use 
                of a firearm;
          (26) the term ``co-located facilities'' means 
        facilities that are located in the same building, or 
        are part of a related complex of buildings located on 
        the same grounds; and
          (27) the term ``related complex of buildings'' means 
        2 or more buildings that share--
                  (A) physical features, such as walls and 
                fences, or services beyond mechanical services 
                (heating, air conditioning, water and sewer); 
                or
                  (B) the specialized services that are 
                allowable under section 31.303(e)(3)(i)(C)(3) 
                of title 28 of the Code of Federal Regulations, 
                as in effect on December 10, 1996.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

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

  Part A--Office of Juvenile Crime Control and Delinquency Prevention

                        establishment of office

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

         personnel, special personnel, experts, and consultants

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

                    concentration of federal efforts

    Sec. 204. (a)(1) The Administrator shall develop 
objectives, priorities, and a long-term plan, and implement 
overall policy and a strategy to carry out such plan, for all 
Federal juvenile delinquency programs and activities relating 
to prevention, diversion, training, treatment, rehabilitation, 
evaluation, research, and improvement of the juvenile justice 
system in the United States. [In carrying out the functions of 
the Administrator, the Administrator shall consult with the 
Council.]
          * * * * * * *
    (b) In carrying out the purposes of this Act, the 
Administrator shall--
          (1) * * *
          * * * * * * *
          (3) conduct and support evaluations and studies of 
        the performance and results achieved by Federal 
        juvenile delinquency programs and activities [and of 
        the prospective performance and results that might be 
        achieved by alternative programs and activities 
        supplementary to or in lieu of those currently being 
        administered];
          * * * * * * *
          [(5)(A) develop for each fiscal year, and publish 
        annually in the Federal Register for public comment, a 
        proposed comprehensive plan describing the particular 
        activities which the Administrator intends to carry out 
        under parts C and D 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)] (5) provide for the auditing of monitoring 
        systems required under section 223(a)(15) to review the 
        adequacy of such systems; and
          [(7)] (6) not later than 1 year after the date of the 
        enactment of this paragraph, issue model standards for 
        providing health care to incarcerated juveniles.
    (c) The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile delinquency program to 
provide the Administrator with such information [and reports, 
and to conduct such studies and surveys, as the Administrator 
may deem to be necessary to carry out the purposes of this 
part] as may be appropriate to prevent the duplication of 
efforts, and to coordinate activities, related to the 
prevention of juvenile delinquency.
          * * * * * * *
    [(h)] (f) All functions of the Administrator under this 
title shall be coordinated as appropriate with the functions of 
the Secretary of Health and Human Services under title III of 
this Act.
    [(i)(1) The Administrator shall require through appropriate 
authority each Federal agency which administers a Federal 
juvenile delinquency program to submit annually to the Council 
a juvenile delinquency development statement. Such statement 
shall be in addition to any information, report, study, or 
survey which the Administrator may require under subsection 
(c).
    [(2) Each juvenile delinquency development statement 
submitted to the Administrator under paragraph (1) shall 
contain such information, data, and analyses as the 
Administrator may require. Such analyses shall include an 
analysis of the extent to which the juvenile delinquency 
program of the Federal agency submitting such development 
statement conforms with and furthers Federal juvenile 
delinquency prevention and treatment goals and policies.
    [(3) The Administrator shall review and comment upon each 
juvenile delinquency development statement transmitted to the 
Administrator under paragraph (1). Such development statement, 
together with the comments of the Administrator, shall be 
included by the Federal agency involved in every recommendation 
or request made by such agency for Federal legislation which 
significantly affects juvenile delinquency prevention and 
treatment.]
          * * * * * * *

  [coordinating council on juvenile justice and delinquency prevention

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

                             annual report

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

        Part B--Federal Assistance for State and Local Programs

                 authority to make grants and contracts

    Sec. 221. (a) * * *
          * * * * * * *
    (b)(1) * * *
    (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,] amount 
up to $400,000 as is available to be allocated without reducing 
the amount of any State or territory's allocation below the 
amount allocated for fiscal year 1992, except that the amount 
allocated to the Virgin Islands of the United States, Guam, 
American Samoa, [the Trust Territory ofthe Pacific Islands,] 
and the Commonwealth of the Northern Mariana Islands shall be not less 
than $75,000, or such greater [amount, up to $100,000,] amount up to 
$100,000 as is available to be allocated without reducing the amount of 
any State or territory's allocation below the amount allocated for 
fiscal year 1992, each.
    (B) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this title [(other 
than part D)] equals or exceeds $75,000,000, then the amount 
allocated to each State for such fiscal year shall be not less 
than $400,000, [or such greater amount, up to $600,000, 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,] amount up to $100,000 as is available 
to be allocated without reducing the amount of any State or 
territory's allocation below the amount allocated for fiscal 
year 1992, each.
    (3) If, as a result of paragraph (2), the amount allocated 
to a State for a fiscal year would be less than the amount 
allocated to such State for fiscal year 1992, then the amounts 
allocated to satisfy the requirements of such paragraph shall 
be reduced pro rata to the extent necessary to [allot] allocate 
to such State for the fiscal year the amount allocated to such 
State for fiscal year 1992.
    (b) If any amount so allocated remains unobligated at the 
end of the fiscal year, such funds shall be reallocated in a 
manner equitable and consistent with the purpose of this part. 
Any amount so reallocated shall be in addition to the amounts 
already allocated and available to the State, the Virgin 
Islands, American Samoa, Guam, [the Trust Territory of the 
Pacific Islands,] and the Commonwealth of the Northern Mariana 
Islands for the same period.
          * * * * * * *

                              state plans

    Sec. 223. (a) In order to receive formula grants under this 
part, a State shall submit a plan for carrying out its purposes 
applicable to a 3-year period. Such plan shall be amended 
annually to include new programs and [challenge activities 
subsequent to State participation in part E], projects, and 
activities. The State shall submit annual performance reports 
to the Administrator which shall describe progress in 
implementing programs contained in the original plan, and shall 
describe the status of compliance with State plan requirements. 
In accordance with regulations which the Administrator shall 
prescribe, such plan shall--
          (1) * * *
          * * * * * * *
          (3) provide for an advisory group[, which--] that--
                  (A) shall consist of [not less than 15 and 
                not more than 33] the attorney general of the 
                State or such other State official who has 
                primary responsibility for overseeing the 
                enforcement of State criminal laws, and members 
                appointed by the chief executive officer of the 
                State, in consultation with the attorney 
                general of the State or such other State 
                official who has primary responsibility for 
                overseeing the enforcement of State criminal 
                laws--
                          (i) which members have training, 
                        experience, or special knowledge 
                        concerning the prevention and treatment 
                        of juvenile delinquency [or the 
                        administration of juvenile justice], 
                        the administration of juvenile justice, 
                        or the reduction of juvenile 
                        delinquency;
                          (ii) which members [include--
                                  [(I) at least 1 locally 
                                elected official representing 
                                general purpose local 
                                government;
                                  [(II) representatives of law 
                                enforcement and juvenile 
                                justice agencies, including 
                                juvenile and family court 
                                judges, prosecutors, counsel 
                                for children and youth, and 
                                probation workers;
                                  [(III) representatives of 
                                public agencies concerned with 
                                delinquency prevention or 
                                treatment, such as welfare, 
                                social services, mental health, 
                                education, special education, 
                                recreation, and youth services;
                                  [(IV) representatives of 
                                private nonprofit 
                                organizations, including 
                                persons with a special focus on 
                                preserving and strengthening 
                                families, parent groups and 
                                parent self-help groups, youth 
                                development, delinquency 
                                prevention and treatment, 
                                neglected or dependent 
                                children, the quality of 
                                juvenile justice, education, 
                                and social services for 
                                children;
                                  [(V) volunteers who work with 
                                delinquents or potential 
                                delinquents;
                                  [(VI) youth workers involved 
                                with programs that are 
                                alternatives to incarceration, 
                                including programs providing 
                                organized recreation 
                                activities;
                                  [(VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; and
                                  [(VIII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                learning disabilities, 
                                emotional difficulties, child 
                                abuse and neglect, and youth 
                                violence;]
                        represent a multidisciplinary approach 
                        to addressing juvenile delinquency and 
                        may include--
                                  (I) individuals who represent 
                                units of general local 
                                government, law enforcement and 
                                juvenile justice agencies, 
                                public agencies concerned with 
                                the prevention and treatment of 
                                juvenile delinquency and with 
                                the adjudication of juveniles, 
                                representatives of juveniles, 
                                or nonprofit private 
                                organizations, particularly 
                                such organizations that serve 
                                juveniles; and
                                  (II) such other individuals 
                                as the chief executive officer 
                                considers to be appropriate; 
                                and
                          (iii) a majority of which members 
                        (including the chairperson) shall not 
                        be full-time employees of the Federal, 
                        State, or local government;
                          [(iv) at least one-fifth of which 
                        members shall be under the age of 24 at 
                        the time of appointment; and
                          [(v) at least 3 members who have been 
                        or are currently under the jurisdiction 
                        of the juvenile justice system;]
          * * * * * * *
                  (C) shall be afforded the opportunity to 
                review and comment, not later than 30 days 
                after their submission to the advisory group, 
                on all juvenile [justice] crime controland 
delinquency prevention grant applications submitted to the State agency 
designated under paragraph (1);
                  (D) shall, consistent with this title--
                          (i) advise the State agency 
                        designated under paragraph (1) and its 
                        supervisory board; and
                          (ii) submit to the chief executive 
                        officer and the legislature of the 
                        State at least annually recommendations 
                        regarding State compliance with the 
                        requirements of [paragraphs (12), (13), 
                        and (14) and with progress relating to 
                        challenge activities carried out 
                        pursuant to part E] paragraphs (11), 
                        (12), and (13); and
                          [(iii) contact and seek regular input 
                        from juveniles currently under the 
                        jurisdiction of the juvenile justice 
                        system; and]
                  (E) may, consistent with this [title--
                          [(i) advise on State supervisory 
                        board and local criminal justice 
                        advisory board composition;
                          [(ii)] title, review progress and 
                        accomplishments of projects funded 
                        under the State plan.
          * * * * * * *
          (5) unless the provisions of this paragraph are 
        waived at the discretion of the Administrator for any 
        State in which the services for delinquent or other 
        youth are organized primarily on a statewide basis, 
        provide that at least 66\2/3\ per centum of funds 
        received by the State under section 222[, other than] 
        reduced by the percentage (if any) specified by the 
        State under the authority of paragraph (25) and 
        excluding funds made available to the state advisory 
        group under section 222(d), shall be expended--
                  (A) * * *
          * * * * * * *
                  (C) to provide funds for programs of Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in [paragraphs 
                (12)(A), (13), and (14)] paragraphs (11), (12), 
                and (13), applicable to the detention and 
                confinement of juveniles, an amount that bears 
                the same ratio to the aggregate amount to be 
                expended through programs referred to in 
                subparagraphs (A) and (B) as the population 
                under 18 years of age in the geographical areas 
                in which such tribes perform such functions 
                bears to the State population under 18 years of 
                age.
          [(6) provide that the chief executive officer of the 
        unit of general local government shall assign 
        responsibility for the preparation and administration 
        of the local government's part of a State plan, or for 
        the supervision of the preparation and administration 
        of the local government's part of the State plan, to 
        that agency within the local government's structure or 
        to a regional planning agency (hereinafter in this part 
        referred to as the ``local agency'') which can most 
        effectively carry out the purposes of this part and 
        shall provide for supervision of the programs funded 
        under this part by that local agency;]
          [(7)] (6) provide for an equitable distribution of 
        the assistance received under section 222 within the 
        State, including in rural areas;
          [(8)] (7)(A) provide [for (i) an analysis of juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) within 
        the relevant jurisdiction] for an analysis of juvenile 
        delinquency problems in, and the juvenile delinquency 
        control and delinquency prevention needs (including 
        educational needs) of, the State (including any 
        geographical area in which an Indian tribe performs law 
        enforcement functions), a description of the services 
        to be provided, and a description of performance goals 
        and priorities, including a specific statement of the 
        manner in which programs are expected to meet the 
        identified juvenile crime problems (including the 
        joining of gangs that commit crimes) and juvenile 
        [justice] crime control and delinquency prevention 
        needs (including educational needs) [of the 
        jurisdiction; (ii) an indication of the manner in which 
        the programs relate to other similar State or local 
        programs which are intended to address the same or 
        similar problems; and (iii) a plan for the 
        concentration of State efforts which shall coordinate 
        all State juvenile delinquency programs with respect to 
        overall policy and development of objectives and 
        priorities for all State juvenile delinquency programs 
        and activities, including provision for regular 
        meetings of State officials with responsibility in the 
        area of juvenile justice and delinquency prevention;] 
        of the State; and
          [(B) contain--
                  [(i) an analysis of gender-specific services 
                for the prevention and treatment of juvenile 
                delinquency, including the types of such 
                services available and the need for such 
                services for females; and
                  [(ii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
          [(C) contain--
                  [(i) an analysis of services for the 
                prevention and treatment of juvenile 
                delinquency in rural areas, including the need 
                for such services, the types of such services 
                available in rural areas, and geographically 
                unique barriers to providing such services; and
                  [(ii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; and
          [(D) contain--
                  [(i) an analysis of mental health services 
                available to juveniles in the juvenile justice 
                system (including an assessment of the 
                appropriateness of the particular placements of 
                juveniles in order to receive such services) 
                and of barriers to access to such services; and
                  [(ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;]
          (B) contain--
                  (i) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
                  (ii) a plan for providing needed services for 
                the prevention and treatment of juvenile 
                delinquency in rural areas; and
                  (iii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;
          [(9) provide for the active consultation with and 
        participation of private agencies in the development 
        and execution of the State plan; and provide for 
        coordination and maximum utilization of existing 
        juvenile delinquency programs and other related 
        programs, such as education, special education, 
        recreation, health, and welfare within the State;]
          (8) provide for the coordination and maximum 
        utilization of existing juvenile delinquency programs, 
        programs operated by public and private agencies and 
        organizations, and other related programs (such as 
        education, special education, recreation, health, and 
        welfare programs) in the State;
          [(10)] (9) provide that not less than 75 percent of 
        the funds available to the State under section 222, 
        other than funds made available to the State advisory 
        group under section 222(d), whether expended directly 
        by the State, by the unit of general local government, 
        or by a combination thereof, or through grants and 
        contracts with public or private nonprofit agencies, 
        shall be used for--
                  (A) community-based alternatives (including 
                home-based alternatives) to incarceration and 
                institutionalization[, specifically] 
                including--
                          [(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)] (i) for youth who need 
                        temporary placement: crisis 
                        intervention, shelter, and after-care; 
                        and
                          [(iii)] (ii) for youth who need 
                        residential placement: a continuum of 
                        foster care or group home alternatives 
                        that provide access to a comprehensive 
                        array of services;
                  [(B) community-based programs and services to 
                work with--
                          [(i) parents and other family members 
                        to strengthen families, including 
                        parent self-help groups, so that 
                        juveniles may be retained in their 
                        homes;
                          [(ii) juveniles during their 
                        incarceration, and with their families, 
                        to ensure the safe return of such 
                        juveniles to their homes and to 
                        strengthen the families; and
                          [(iii) parents with limited English-
                        speaking ability, particularly in areas 
                        where there is a large population of 
                        families with limited-English speaking 
                        ability;]
                  (B) programs that assist in holding juveniles 
                accountable for their actions, including the 
                use of graduated sanctions and of neighborhood 
                courts or panels that increase victim 
                satisfaction and require juveniles to make 
                restitution for the damage caused by their 
                delinquent behavior;
                  (C) comprehensive [juvenile justice] juvenile 
                crime control and delinquency prevention 
                programs that meet the needs of youth through 
                the collaboration of the many local systems 
                before which a youth may appear, including 
                schools, courts, law enforcement agencies, 
                child protection agencies, mental health 
                agencies, welfare services, health care 
                agencies, and private nonprofit agencies 
                offering youth services;
                  [(D) projects designed to develop and 
                implement programs stressing advocacy 
                activities aimed at improving services for and 
                protecting the rights of youth affected by the 
                juvenile justice system;]
                  (D) programs that provide treatment to 
                juvenile offenders who are victims of child 
                abuse or neglect, and to their families, in 
                order to reduce the likelihood that such 
                juvenile offenders will commit subsequent 
                violations of law;
                  (E) educational programs or supportive 
                services for delinquent or other [juveniles, 
                provided equitably regardless of sex, race, or 
                family income, designed to--
                          [(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, 
                        including--
                                  [(I) education in settings 
                                that promote experiential, 
                                individualized learning and 
                                exploration of academic and 
                                career options;
                                  [(II) assistance in making 
                                the transition to the world of 
                                work and self-sufficiency;
                                  [(III) alternatives to 
                                suspension and expulsion; and
                                  [(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the 
                                opportunities that education 
                                provides; and]
                juveniles--
                          (i) to encourage juveniles to remain 
                        in elementary and secondary schools or 
                        in alternative learning situations;
                          (ii) to provide services to assist 
                        juveniles in making the transition to 
                        the world of work and self-sufficiency; 
                        and
                          [(ii)] (iii) enhance coordination 
                        with the local schools that such 
                        juveniles would otherwise attend, to 
                        ensure that--
                                  (I) * * *
          * * * * * * *
                  [(F) expanded use of home probation and 
                recruitment and training of home probation 
                officers, other professional and 
                paraprofessional personnel, and volunteers to 
                workeffectively to allow youth to remain at 
home with their families as an alternative to incarceration or 
institutionalization;
                  [(G) youth-initiated outreach programs 
                designed to assist youth (including youth with 
                limited proficiency in English) who otherwise 
                would not be reached by traditional youth 
                assistance programs;]
                  (F) expanding the use of probation officers--
                          (i) particularly for the purpose of 
                        permitting nonviolent juvenile 
                        offenders (including status offenders) 
                        to remain at home with their families 
                        as an alternative to incarceration or 
                        institutionalization; and
                          (ii) to ensure that juveniles follow 
                        the terms of their probation;
                  (G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in 
                high-crime areas and juveniles experiencing 
                educational failure, with responsible adults 
                (such as law enforcement officers, adults 
                working with local businesses, and adults 
                working with community-based organizations and 
                agencies) who are properly screened and 
                trained;
                  (H) programs designed to develop and 
                implement projects relating to juvenile 
                delinquency and learning disabilities, 
                including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and 
                other [handicapped youth] juveniles with 
                disabilities;
          * * * * * * *
                  [(K) law-related education programs (and 
                projects) for delinquent and at-risk youth 
                designed to prevent juvenile delinquency;
                  [(L) programs for positive youth development 
                that assist delinquent and other at-risk youth 
                in obtaining--
                          [(i) a sense of safety and structure;
                          [(ii) a sense of belonging and 
                        membership;
                          [(iii) a sense of self-worth and 
                        social contribution;
                          [(iv) a sense of independence and 
                        control over one's life;
                          [(v) a sense of closeness in 
                        interpersonal relationships; and
                          [(vi) a sense of competence and 
                        mastery including health and physical 
                        competence, personal and social 
                        competence, cognitive and creative 
                        competence, vocational competence, and 
                        citizenship competence, including 
                        ethics and participation;
                  [(M) programs that, in recognition of varying 
                degrees of the seriousness of delinquent 
                behavior and the corresponding gradations in 
                the responses of the juvenile justice system in 
                response to that behavior, are designed to--
                          [(i) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication restraints that bridge the 
                        gap between traditional probation and 
                        confinement in a correctional setting 
                        (including expanded use of probation, 
                        mediation, restitution, community 
                        service, treatment, home detention, 
                        intensive supervision, electronic 
                        monitoring, boot camps and similar 
                        programs, and secure community-based 
                        treatment facilities linked to other 
                        support services such as health, mental 
                        health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          [(ii) assist in the provision by the 
                        provision by the Administrator of 
                        information and technical assistance, 
                        including technology transfer, to 
                        States in the design and utilization of 
                        risk assessment mechanisms to aid 
                        juvenile justice personnel in 
                        determining appropriate sanctions for 
                        delinquent behavior;
                  [(N) programs designed to prevent and reduce 
                hate crimes committed by juveniles, including 
                educational programs and sentencing programs 
                designed specifically for juveniles who commit 
                hate crimes and that provide alternatives to 
                incarceration; and]
                  (K) boot camps for juvenile offenders;
                  (L) community-based programs and services to 
                work with juveniles, their parents, and other 
                family members during and after incarceration 
                in order to strengthen families so that such 
                juveniles may be retained in their homes;
                  (M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and 
                decrease juvenile involvement in delinquent 
                activities;
                  (N) establishing policies and systems to 
                incorporate relevant child protective services 
                records into juvenile justice records for 
                purposes of establishing treatment plans for 
                juvenile offenders;
                  (O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability 
                that include delinquent juveniles to overcome 
                language and [cultural] other barriers that may 
                prevent the complete treatment of such 
                juveniles and the preservation of their 
                families[.];
                  (P) a system of records relating to any 
                adjudication of juveniles less than 18 years of 
                age who are adjudicated delinquent for conduct 
                that would be a violent crime if committed by 
                an adult, that is--
                          (i) equivalent to the records that 
                        would be kept of adults arrested for 
                        such conduct, including fingerprints 
                        and photographs;
                          (ii) submitted to the Federal Bureau 
                        of Investigation in the same manner as 
                        adult records are so submitted;
                          (iii) retained for a period of time 
                        that is equal to the period of time 
                        records are retained for adults; and
                          (iv) available on an expedited basis 
                        to law enforcement agencies, the 
                        courts, and school officials (and such 
                        school officials shall be subject to 
                        the same standards and penalties that 
                        law enforcement and juvenilejustice 
system employees are subject to under Federal and State law, for 
handling and disclosing such information);
                  (Q) programs that utilize multidisciplinary 
                interagency case management and information 
                sharing, that enable the juvenile justice and 
                law enforcement agencies, schools, and social 
                service agencies to make more informed 
                decisions regarding early identification, 
                control, supervision, and treatment of 
                juveniles who repeatedly commit violent or 
                serious delinquent acts; and
                  (R) programs designed to prevent and reduce 
                hate crimes committed by juveniles.
          [(11)] (10) 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;]
          (11) shall, in accordance with rules issued by the 
        Administrator, provide that--
                  (A) juveniles who are charged with or who 
                have committed an offense that would not be 
                criminal if committed by an adult, excluding--
                          (i) juveniles who are charged with or 
                        who have committed a violation of 
                        section 922(x)(2) of title 18, United 
                        States Code, or of a similar State law;
                          (ii) juveniles who are charged with 
                        or who have committed a violation of a 
                        valid court order; and
                          (iii) juveniles who are held in 
                        accordance with the Interstate Compact 
                        on Juveniles as enacted by the State;
                shall not be placed in secure detention 
                facilities or secure correctional facilities; 
                and
                  (B) juveniles--
                          (i) who are not charged with any 
                        offense; and
                          (ii) who are--
                                  (I) aliens; or
                                  (II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention 
                facilities or secure correctional facilities;
          (12) provide that--
                  (A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or 
                confined in any institution in which they have 
                regular contact, or unsupervised incidental 
                contact, with adults incarcerated because such 
                adults have been convicted of a crime or are 
                awaiting trial on criminal charges; and
                  (B) there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and such adults in co-located 
                facilities have been trained and certified to 
                work with juveniles;
          (13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                  (A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or 
                lockup for a period not to exceed 6 hours--
                          (i) for processing or release;
                          (ii) while awaiting transfer to a 
                        juvenile facility; or
                          (iii) in which period such juveniles 
                        make a court appearance;
                  (B) juveniles who are accused of nonstatus 
                offenses, who are awaiting in initial court 
                appearance that will occur within 48 hours 
                after being taken into custody (excluding 
                Saturdays, Sundays, and legal holidays), and 
                who are detained or confined in a jail or 
                lockup--
                          (i) in which--
                                  (I) such juveniles do not 
                                have regular contact, or 
                                unsupervised incidental 
                                contact, with adults 
                                incarcerated because such 
                                adults have been convicted of a 
                                crime or are awaiting trial on 
                                criminal charges; and
                                  (II) there is in effect in 
                                the State a policy that 
                                requires individuals who work 
                                with both such juveniles and 
                                such adults in co-located 
                                facilities have been trained 
                                and certified to work with 
                                juveniles; and
                          (ii) that--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget);
                                  (II) has no existing 
                                acceptable alternative 
                                placement available;
                                  (III) is located where 
                                conditions of distance to be 
                                traveled or the lack of 
                                highway, road, or 
                                transportation do not allow for 
                                court appearances within 48 
                                hours (excluding Saturdays, 
                                Sundays, and legal holidays) so 
                                that a brief (not to exceed an 
                                additional 48 hours) delay is 
                                excusable; or
                                  (IV) is located where 
                                conditions of safety exist 
                                (such as severe adverse, life-
                                threatening weather conditions 
                                that do not allow for 
                                reasonably safe travel), in 
                                which case the time for an 
                                appearance may be delayed until 
                                24 hours after the time that 
                                such conditions allow for 
                                reasonable safe travel;
                  (C) juveniles who are accused of nonstatus 
                offenses and who are detained or confined in a 
                jail or lockup that satisfies the requirements 
                of subparagraph (B)(i) if--
                          (i) such jail or lockup--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget); and
                                  (II) has no existing 
                                acceptable alternative 
                                placement available;
                          (ii) a parent or other legal guardian 
                        (or guardian ad litem) of the juvenile 
                        involved consents to detaining or 
                        confining such juvenile in accordance 
                        with this subparagraph; and
                          (iii) detaining or confining such 
                        juvenile in accordance with this 
                        subparagraph is--
                                  (I) approved in advance by a 
                                court with competent 
                                jurisdiction; and
                                  (II) is required to be 
                                reviewed periodically, at 
                                intervals of not more than 5 
                                days (excluding Saturdays, 
                                Sundays, and legal holidays), 
                                by such court for the duration 
                                of detention or confinement;
          [(15)] (14) provide for an adequate system of 
        monitoring jails, detention facilities, correctional 
        facilities, and non-secure facilities to insure that 
        the requirements of [paragraph (12)(A), paragraph (13), 
        and paragraph (14)] paragraphs (11), (12), and (13) are 
        met, and for annual reporting of the results of such 
        monitoring to the Administrator, except that such 
        reporting requirements shall not apply in the case of a 
        State which is in compliance with the other 
        requirements of this paragraph, which is in compliance 
        with the requirements in [paragraph (12)(A) and 
        paragraph (13)] paragraphs (11) and (12), and which has 
        enacted legislation which conforms to such requirements 
        and which contains, in the opinion of the 
        Administrator, sufficient enforcement mechanisms to 
        ensure that such legislation will be administered 
        effectively;
          [(16)] (15) provide assurance that youth in the 
        juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and [mentally, 
        emotionally, or physically handicapping conditions] 
        disability;
          [(17)] (16) provide assurance that consideration will 
        be given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          [(18)] (17) provide for procedures to be established 
        for protecting the rights of recipients of services and 
        for assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          [(19) provide that fair and equitable arrangements 
        shall be made to protect the interests of employees 
        affected by assistance under this Act and shall provide 
        for the terms and conditions of such protective 
        arrangements established pursuant to this section, and 
        such protective arrangements shall, to the maximum 
        extent feasible, include, without being limited to, 
        such provisions as may be necessary for--
                  [(A) the preservation of rights, privileges, 
                and benefits (including continuation of pension 
                rights and benefits) under existing collective-
                bargaining agreements or otherwise;
                  [(B) the continuation of collective-
                bargaining rights;
                  [(C) the protection of individual employees 
                against a worsening of their positions with 
                respect to their employment;
                  [(D) assurances of employment to employees of 
                any State or political subdivision thereof who 
                will be affected by any program funded in whole 
                or in part under provisions of this Act; and
                  [(E) training or retraining programs;]
          (18) provide assurances that--
                  (A) any assistance provided under this Act 
                will not cause the displacement (including a 
                partial displacement, such as a reduction in 
                the hours of nonovertime work, wages, or 
                employment benefits) of any currently employed 
                employee;
                  (B) activities assisted under this Act will 
                not impair an existing collective bargaining 
                relationship, contract for services, or 
                collective bargaining agreement; and
                  (C) no such activity that would be 
                inconsistent with the terms of a collective 
                bargaining agreement shall be undertaken 
                without the written concurrence of the labor 
                organization involved;
          [(20)] (19) 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)] (20) 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)] (21) 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]
          (22) address juvenile delinquency prevention efforts 
        and system improvement efforts designed to reduce, 
        without establishing or requiring numerical standards 
        or quotas, the disproportionate number of juvenile 
        members of minority groups, who come into contact with 
        the juvenile justice system;
          (23) provide that if a juvenile is taken into custody 
        for violating a valid court order issued for committing 
        a status offense--
                  (A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in 
                custody for violating such order;
                  (B) not later than 24 hours during which such 
                juvenile is so held, an authorized 
                representative of such agency shall interview, 
                in person, such juvenile; and
                  (C) not later than 48 hours during which such 
                juvenile is so held--
                          (i) such representative shall submit 
                        an assessment to the court that issued 
                        such order, regarding the immediate 
                        needs of such juvenile; and
                          (ii) such court shall conduct a 
                        hearing to determine--
                                  (I) whether there is 
                                reasonable cause to believe 
                                that such juvenile violated 
                                such order; and
                                  (II) the appropriate 
                                placement of such juvenile 
                                pending disposition of the 
                                violation alleged;
          [(25)] (24) 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[.];
          (25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 
        222 (other than funds made available to the State 
        advisory group under section 222(d)) that the State 
        will reserve for expenditure by the State to provide 
        incentive grants to units of general local government 
        that reduce the caseload of probation officers within 
        such units; and
          (26) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if 
        a juvenile is before a court in the juvenile justice 
        system, public child welfare records (including child 
        protective services records) relating to such juvenile 
        that are on file in the geographical area under the 
        jurisdiction of such court will be made known to such 
        court.
          * * * * * * *
  [(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.]
  (c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11), (12), (13), and (22) of 
subsection (a) in any fiscal year beginning after September 30, 
1997, then the amount allocated to such State for the 
subsequent fiscal year shall be reduced by not to exceed 12.5 
percent for each such paragraph with respect to which the 
failure occurs, unless the Administrator determines that the 
State--
          (1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State 
        was not in compliance; and
          (2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to 
        achieving full compliance with such applicable 
        requirements within a reasonable time.
    (d) In the event that any State chooses not to submit a 
plan, fails to submit a plan, or submits a plan or any 
modification thereof, which the Administrator, after reasonable 
notice and opportunity for hearing, in accordance with sections 
802, 803, and 804 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, determines does not meet the 
requirements of this section, the Administrator shall endeavor 
to make that State's [allotment] allocation under the 
provisions of section 222(a), excluding funds the Administrator 
shall make available to satisfy the requirement specified in 
section 222(d), available to local public and private non-
profit agencies within such State for use in carrying out 
activities of the kinds described in [subsection (a) (12)(A), 
(13), (14) and (23)] paragraphs (11), (12), (13), and (22) of 
subsection (a). The Administrator shall make funds which remain 
available after disbursements are made by the Administrator 
under the preceding sentence, and any other unobligated funds, 
available on an equitable basis to those States that have 
achieved full compliance with the requirements under 
[subsection (a) (12)(A), (13), (14) and (23)] paragraphs (11), 
(12), (13), and (22) of subsection (a).

                       [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 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.
    [(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) appropriate training (including training 
        designed to strengthen and maintain the family unit) 
        for representatives of Federal, State, local law 
        enforcement officers, teachers and special education 
        personnel, recreation and park personnel, 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) request any Federal agency to supply such 
        statistics, data, program reports, and other material 
        as the Institute deems necessary to carry out its 
        functions;
          [(2) arrange with and reimburse the heads of Federal 
        agencies for the use of personnel or facilities or 
        equipment of such agencies;
          [(3) confer with and avail itself of the cooperation, 
        services, records, and facilities of State, municipal, 
        or other public or private local agencies;
          [(4) make grants and enter into contracts with public 
        or private agencies, organizations, or individuals for 
        the partial performance of any functions of the 
        Institute;
          [(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.
    [(g) Any Federal agency which receives a request from the 
Institute under subsection (e)(1) may cooperate with the 
Institute and shall, to the maximum extent practicable, consult 
with and furnish information and advice to the Institute.

                         [information function

    [Sec. 242. The Administrator, acting through the National 
Institute for Juvenile Justice and Delinquency Prevention, 
shall--
          [(1) on a continuing basis, review reports, data, and 
        standards relating to the juvenile justice system in 
        the United States;
          [(2) serve as an information bank by collecting 
        systematically and synthesizing the data and knowledge 
        obtained from studies and research by public and 
        private agencies, institutions, or individuals 
        concerning all aspects of juvenile delinquency, 
        including the prevention and treatment of juvenile 
        delinquency; and
          [(3) serve as a clearinghouse and information center 
        for the preparation, publication, and dissemination of 
        all information regarding juvenile delinquency, 
        including State and local juvenile delinquency 
        prevention and treatment programs (including drug and 
        alcohol programs and gender-specific programs) and 
        plans, availability of resources, training and 
        educational programs, statistics, and other pertinent 
        data and information.

           [research, demonstration, and evaluation functions

    [Sec. 243. (a) The Administrator, 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) 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 
                Administrator of information and technical 
                assistance, including technology transfer, to 
                States in the design and utilization of risk 
                assessment mechanisms to aid juvenile justice 
                personnel in determining appropriate sanctions 
                for delinquent behavior;
          [(4) Encourage the development of programs which, in 
        addition to helping youth take responsibility for their 
        behavior, take into consideration life experiences 
        which may have contributed to their delinquency when 
        developing intervention and treatment programs;
          [(5) 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;
          [(8) disseminate the results of such evaluations and 
        research and demonstration activities particularly to 
        persons actively working in the field of juvenile 
        delinquency;
          [(9) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with 
        the prevention and treatment of juvenile delinquency;
          [(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) routinely collect, analyze, compile, publish, 
        and disseminate uniform national statistics 
        concerning--
                  [(A) all aspects of juveniles as victims and 
                offenders;
                  [(B) the processing and treatment, in the 
                juvenile justice system, of juveniles who are 
                status offenders, delinquent, neglected, or 
                abused; and
                  [(C) the processing and treatment of such 
                juveniles who are treated as adults for 
                purposes of the criminal justice system.
  [(b) The Administrator shall make available to the public--
          [(1) the results of evaluations and research and 
        demonstration activities referred to in subsection 
        (a)(8); and
          [(2) the data and studies referred to in subsection 
        (a)(9);
that the Administrator is authorized to disseminate under 
subsection (a).

              [technical assistance and training functions

    [Sec. 244. The Administrator, acting through the National 
Institute for Juvenile Justice 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 waivedcounsel  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 
        committed 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 Adminstrator 
is authorized, by making grants to and entering into contracts 
with public and private nonprofit agencies, organizations, 
institutions,and individuals, to develop and implement new 
approaches, techniques, and methods designed to--
          [(1) improve 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 conjunction 
        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. (a) Any agency, institution, or individual 
desiring to receive a grant, or enter into a contract, under 
this part shall submit an application at such time, in such 
manner, and containing or accompanied by such information as 
the Administrator may prescribe.
    [(b) In accordance with guidelines established by the 
Administrator, each application for assistance under this part 
shall--
          [(1) set forth a program for carrying out one or more 
        of the purposes set forth in this part 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;
          [(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) 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.
    [(d)(1)(A) Programs selected for assistance through grants 
or contracts under this part (other than section 241(f)) shall 
be selected through a competitive process to be established by 
rule by the Administrator. As part of such a process, the 
Administrator shall announce in the Federal Register--
          [(i) 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 makes a written 
determination waiving the competitive process--
          [(i) with respect to programs to be carried out in 
        areas with respect to which the President declares 
        under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) that 
        a major disaster or emergency exists; or
          [(ii) with respect to a particular program described 
        in part C that is uniquely qualified.
    [(2)(A) Programs selected for assistance through grants or 
contracts under this part (other than section 241(f)) shall be 
reviewed before selection, and thereafter as appropriate, 
through a formal peer review process utilizing experts (other 
than officers and employees of the Department of Justice) in 
fields related to the subject matter of the proposed program.
    [(B) Such process shall be established by the Administrator 
in consultation with the Directors and other appropriate 
officials of the National Science Foundation and the National 
Institute of Mental Health. Before implementation of such 
process, the Administrator shall submit such process to such 
Directors, each of whom shall prepare and furnish to the 
chairman of the Committee on Education and Labor of the House 
of Representatives and the chairman of the Committee on the 
Judiciary of the Senate a final report containing their 
comments on such process as proposed to be established.
    [(3) The Administrator, in establishing the process 
required under paragaphs (1) and (2), shall provide for 
emergency expedited consideration of the proposed programs if 
necessary to avoid any delay which would preclude carrying out 
such programs.
    [(e) A city shall not be denied assistance under this part 
solely on the basis of its population.
    [(f) Notification of grants and contracts made under this 
part (and the applications submitted for such grants and 
contracts) shall, upon being made, be transmitted by the 
Administrator, to the chairman of the Committee on Education 
and Labor of the House of Representatives and the chairman of 
the Committee on the Judiciary of the Senate.

   [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 
        servicesto 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 juvenilegang members for the 
purpose of reducing the participation of juveniles in illegal gang 
activities; and
          [(4) to support programs that, in recognition of 
        varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(A) encourage courts to develop and 
                implement a continuum of post-adjudication 
                restraints that bridge the gap between 
                traditional probation and confinement in a 
                correctional setting (including expanded use of 
                probation, mediation, restitution, community 
                service, treatment, home detention, intensive 
                supervision, electronic monitoring, boot camps 
                and similar programs, and secure community-
                based treatment facilities linked to other 
                support services such as health, mental health, 
                education (remedial and special), job training, 
                and recreation); and
                  [(B) assist in the provision by the provision 
                by the Administrator of information and 
                technical assistance, including technology 
                transfer, to States in the design and 
                utilization of risk assessment mechanisms to 
                aid juvenile justice personnel in determining 
                appropriate sanctions for delinquent behavior.
  [(b) Programs and activities for which grants and contracts 
are to be made under subsection (a) may include--
          [(1) developing within the juvenile adjudicatory and 
        correctional systems new and innovative means to 
        address the problems of juveniles convicted of serious 
        drug-related and gang-related offenses;
          [(2) providing treatment to juveniles who are members 
        of such gangs, including members who are accused of 
        committing a serious crime and members who have been 
        adjudicated as being delinquent;
          [(3) promoting the involvement of juveniles in lawful 
        activities in geographical areas in which gangs commit 
        crimes;
          [(4) expanding the availability of prevention and 
        treatment services relating to the illegal use of 
        controlled substances and controlled substances 
        analogues (as defined in paragraphs (6) and (32) of 
        section 102 of the Controlled Substances Act (21 U.S.C. 
        802) by juveniles, provided through State and local 
        health and social services agencies;
          [(5) providing services to prevent juveniles from 
        coming into contact with the juvenile justice system 
        again as a result of gang-related activity; or
          [(6) supporting activities to inform juveniles of the 
        availability of treatment and services for which 
        financial assistance is available under this subpart.

                       [approval of applications

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

                    [Subpart III--General Provisions

                              [definition

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

                  [Part E--State Challenge Activities

                       [ESTABLISHMENT OF PROGRAM

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

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

                              [DEFINITION

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

                       [AUTHORITY TO MAKE GRANTS

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

                      [ADMINISTRATIVE REQUIREMENTS

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

                               [PRIORITY

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

                           [Part G--Mentoring

                               [PURPOSES

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

                              [DEFINITIONS

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

                                [GRANTS

  [Sec. 288B. The Administrator shall, by making grants to and 
entering into contracts with local educational agencies (each 
of which agency shall be in partnership with a public or 
private agency, institution, or business), establish and 
support programs and activities for the purpose of implementing 
mentoring programs that--
          [(1) are designed to link at-risk children, 
        particularly children living in high crime areas and 
        children experiencing educational failure, with 
        responsible adults such as law enforcement officers, 
        persons working with local businesses, and adults 
        working for community-based organizations and agencies; 
        and
          [(2) are intended to achieve 1 or more of the 
        following goals:
                  [(A) Provide general guidance to at-risk 
                youth.
                  [(B) Promote personal and social 
                responsibility among at-risk youth.
                  [(C) Increase at-risk youth's participation 
                in and enhance their ability to benefit from 
                elementary and secondary education.
                  [(D) Discourage at-risk youth's use of 
                illegal drugs, violence, and dangerous weapons, 
                and other criminal activity.
                  [(E) Discourage involvement of at-risk youth 
                in gangs.
                  [(F) Encourage at-risk youth's participation 
                in community service and community activities.

                      [REGULATIONS AND GUIDELINES

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

                             [USE OF GRANTS

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

                               [PRIORITY

  [Sec. 288E. (a) In General.--In making grants under this 
part, the Administrator shall give priority for awarding grants 
to applicants that--
          [(1) serve at-risk youth in high crime areas;
          [(2) have 60 percent or more of their youth eligible 
        to receive funds under the Elementary and Secondary 
        Education Act of 1965; and
          [(3) have a considerable number of youth who drop out 
        of school each year.
  [(b) Other Considerations.--In making grants under this part, 
the Administrator shall give consideration to--
          [(1) the geographic distribution (urban and rural) of 
        applications;
          [(2) the quality of a mentoring plan, including--
                  [(A) the resources, if any, that will be 
                dedicated to providing participating youth with 
                opportunities for job training or postsecondary 
                education; and
                  [(B) the degree to which parents, teachers, 
                community-based organizations, and the local 
                community participate in the design and 
                implementation of the mentoring plan; and
          [(3) the capability of the applicant to effectively 
        implement the mentoring plan.

                             [APPLICATIONS

  [Sec. 288F. An application for assistance under this part 
shall include--
          [(1) information on the youth expected to be served 
        by the program;
          [(2) a provision for a mechanism for matching youth 
        with mentors based on the needs of the youth;
          [(3) an assurance that no mentor will be assigned to 
        more than one youth, so as to ensure a one-to-one 
        relationship;
          [(4) an assurance that projects operated in secondary 
        schools will provide youth with a variety of 
        experiences and support, including--
                  [(A) an opportunity to spend time in a work 
                environment and, when possible, participate in 
                the work environment;
                  [(B) an opportunity to witness the job skills 
                that will be required for youth to obtain 
                employment upon graduation;
                  [(C) assistance with homework assignments; 
                and
                  [(D) exposure to experiences that youth might 
                not otherwise encounter;
          [(5) an assurance that projects operated in 
        elementary schools will provide youth with--
                  [(A) academic assistance;
                  [(B) exposure to new experiences and 
                activities that youth might not encounter on 
                their own; and
                  [(C) emotional support;
          [(6) an assurance that projects will be monitored to 
        ensure that each youth benefits from a mentor 
        relationship, with provision for a new mentor 
        assignment if the relationship is not beneficial to the 
        youth;
          [(7) the method by which mentors and youth will be 
        recruited to the project;
          [(8) the method by which prospective mentors will be 
        screened; and
          [(9) the training that will be provided to mentors.

                             [GRANT CYCLES

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

                                [REPORTS

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

                          [Part H--Boot Camps

                       [ESTABLISHMENT OF PROGRAM

  [Sec. 289. (a) In General.--The Administrator may make grants 
to the appropriate agencies of 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 bythe 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 C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

SEC. 241. AUTHORITY TO MAKE GRANTS.

  The Administrator may make grants to eligible States, from 
funds allocated under section 242, for the purpose of providing 
financial assistance to eligible entities to carry out projects 
designed to prevent juvenile delinquency, including--
          (1) projects that assist in holding juveniles 
        accountable for their actions, including the use of 
        neighborhood courts or panels that increase victim 
        satisfaction and require juveniles to make restitution, 
        or perform community service, for the damage caused by 
        their delinquent acts;
          (2) projects that provide treatment to juvenile 
        offenders who are victims of child abuse or neglect, 
        and to their families, in order to reduce the 
        likelihood that such juvenile offenders will commit 
        subsequent violations of law;
          (3) educational projects or supportive services for 
        delinquent or other juveniles--
                  (A) to encourage juveniles to remain in 
                elementary and secondary schools or in 
                alternative learning situations in educational 
                settings;
                  (B) to provide services to assist juveniles 
                in making the transition to the world of work 
                and self-sufficiency;
                  (C) to assist in identifying learning 
                difficulties (including learning disabilities);
                  (D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                  (E) to encourage new approaches and 
                techniques with respect to the prevention of 
                school violence and vandalism;
                  (F) which assist law enforcement personnel 
                and juvenile justice personnel to more 
                effectively recognize and provide for learning-
                disabled and other handicapped juveniles; or
                  (G) which develop locally coordinated 
                policies and programs among education, juvenile 
                justice, and social service agencies;
          (4) projects which expand the use of probation 
        officers--
                  (A) particularly for the purpose of 
                permitting nonviolent juvenile offenders 
                (including status offenders) to remain at home 
                with their families as an alternative to 
                incarceration or institutionalization; and
                  (B) to ensure that juveniles follow the terms 
                of their probation;
          (5) one-on-one mentoring projects that are designed 
        to link at-risk juveniles and juvenile offenders who 
        did not commit serious crime, particularly juveniles 
        residing in high-crime areas and juveniles experiencing 
        educational failure, with responsible adults (such as 
        law enforcement officers, adults working with local 
        businesses, and adults working for community-based 
        organizations and agencies) who are properly screened 
        and trained;
          (6) community-based projects and services (including 
        literacy and social service programs) which work with 
        juvenile offenders, including those from families with 
        limited English-speaking proficiency, their parents, 
        their siblings, and other family members during and 
        after incarceration of the juvenile offenders, in order 
        to strengthen families, to allow juvenile offenders to 
        be retained in their homes, and to prevent the 
        involvement of other juvenile family members in 
        delinquent activities;
          (7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, 
        or other harmful substances;
          (8) projects which leverage funds to provide 
        scholarships for postsecondary education and training 
        for low-income juveniles who reside in neighborhoods 
        with high rates of poverty, violence, and drug-related 
        crimes;
          (9) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                  (A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                  (B) to provide appropriate interventions to 
                prevent such juvenile from committing 
                subsequent offenses;
          (10) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the 
        rate of, the participation of juveniles in gangs that 
        commit crimes (particularly violent crimes), that 
        unlawfully use firearms and other weapons, or that 
        unlawfully traffic in drugs and that involve, to the 
        extent practicable, families and other community 
        members (including law enforcement personnel and 
        members of the business community) in the activities 
        conducted under such projects;
          (11) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter, including schools, courts, 
        law enforcement agencies, child protection agencies, 
        mental health agencies, welfare services, health care 
        agencies, and private nonprofit agencies offering 
        services to juveniles;
          (12) to develop, implement, and support, in 
        conjunction with public and private agencies, 
        organizations, and businesses, projects for the 
        employment of juveniles and referral to job training 
        programs (including referral to Federal job training 
        programs);
          (13) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer 
        counseling and teaching, the arts, leadership 
        development, community service, volunteer service, 
        before- and after-school programs, violence prevention 
        activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
          (14) to establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        treatment plans for juvenile offenders;
          (15) family strengthening activities, such as mutual 
        support groups for parents and their children;
          (16) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
          (17) programs that focus on the needs of young girls 
        at-risk of delinquency or status offenses; and
          (18) other activities that are likely to prevent 
        juvenile delinquency.

SEC. 242. ALLOCATION.

  Funds appropriated to carry out this part shall be allocated 
among eligible States as follows:
          (1) Fifty percent of such amount shall be allocated 
        proportionately based on the population that is less 
        than 18 years of age in the eligible States.
          (2) Fifty percent of such amount shall be allocated 
        proportionately based on the annual average number of 
        arrests for serious crimes committed in the eligible 
        States by juveniles during the then most recently 
        completed period of 3 consecutive calendar years for 
        which sufficient information is available to the 
        Administrator.

SEC. 243. ELIGIBILITY OF STATES.

  (a) Application.--To be eligible to receive a grant under 
section 241, a State shall submit to the Administrator an 
application that contains the following:
          (1) An assurance that the State will use--
                  (A) not more than 5 percent of such grant, in 
                the aggregate, for--
                          (i) the costs incurred by the State 
                        to carry out this part; and
                          (ii) to evaluate, and provide 
                        technical assistance relating to, 
                        projects and activities carried out 
                        with funds provided under this part; 
                        and
                  (B) the remainder of such grant to make 
                grants under section 244.
          (2) An assurance that, and a detailed description of 
        how, such grant will support, and not supplant State 
        and local efforts to prevent juvenile delinquency.
          (3) An assurance that such application was prepared 
        after consultation with and participation by community-
        based organizations, and organizations in the local 
        juvenile justice system, that carry out programs, 
        projects, or activities to prevent juvenile 
        delinquency.
          (4) An assurance that each eligible entity described 
        in section 244(a) that receives an initial grant under 
        section 244 to carry out a project or activity shall 
        also receive an assurance from the State that such 
        entity will receive from the State, for the subsequent 
        fiscal year to carry out such project or activity, a 
        grant under such section in an amount that is 
        proportional, based on such initial grant and on the 
        amount of the grant received under section 241 by the 
        State for such subsequent fiscal year, but that does 
        not exceed the amount specified for such subsequent 
        fiscal year in such application as approved by the 
        State.
          (5) Such other information and assurances as the 
        Administrator may reasonably require by rule.
  (b) Approval of Applications.--
          (1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and 
        amendments to such application submitted in subsequent 
        fiscal years, that satisfy the requirements of 
        subsection (a).
          (2) Limitation.--The Administrator may not approve 
        such application (including amendments to such 
        application) for a fiscal year unless--
                  (A)(i) the State submitted an plan under 
                section 223 for such fiscal year; and
                  (ii) such plan is approved by the 
                Administrator for such fiscal year; or
                  (B) the Administrator waives the application 
                of subparagraph (A) to such State for such 
                fiscal year, after finding good cause for such 
                a waiver.

SEC. 244. GRANTS FOR LOCAL PROJECTS.

  (a) Selection From Among Applications.--(1) Using a grant 
received under section 241, a State may make grants to eligible 
entities whose applications are received by the State in 
accordance with subsection (b) to carry out projects and 
activities described in section 241.
  (2) For purposes of making such grants, the State shall give 
special consideration to eligible entities that--
          (A) propose to carry out such projects in 
        geographical areas in which there is--
                  (i) a disproportionately high level of 
                serious crime committed by juveniles; or
                  (ii) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
          (B)(i) agreed to carry out such projects or 
        activities that are multidisciplinary and involve 2 or 
        more eligible entities; or
          (ii) represent communities that have a developed plan 
        designed to prevent, or reduce the rate of, juvenile 
        delinquency, and that involve other entities operated 
        by individuals who have a demonstrated history of 
        involvement in activities designed to prevent juvenile 
        delinquency; and
          (C) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.
  (b) Receipt of Applications.--(1) Subject to paragraph (2), a 
unit of general local government shall submit to the State 
simultaneously all applications that are--
          (A) timely received by such unit from eligible 
        entities; and
          (B) determined by such unit to be consistent with a 
        current plan formulated by such unit for the purpose of 
        preventing, and reducing the rate of, juvenile 
        delinquency in the geographical area under the 
        jurisdiction of such unit.
  (2) If an application submitted to such unit by an eligible 
entity satisfies the requirements specified in subparagraphs 
(A) and (B) of paragraph (1), such entity may submit such 
application directly to the State.

SEC. 245. ELIGIBILITY OF ENTITIES.

  (a) Eligibility.--Subject to subsections (b) and except as 
provided in subsection (c), to be eligible to receive a grant 
under section 244, a community-based organization, local 
juvenile justice system officials (including prosecutors, 
police officers, judges, probation officers, parole officers, 
and public defenders), local education authority (as defined in 
section 14101 of the Elementary and Secondary Education Act of 
1965 and including a school within such authority), nonprofit 
private organization, unit of general local government, or 
social service provider, and or other entity with a 
demonstrated history of involvement in the prevention of 
juvenile delinquency, shall submit to a unit of general local 
government an application that contains the following:
          (1) An assurance that such applicant will use such 
        grant, and each such grant received for the subsequent 
        fiscal year, to carry out throughout a 2-year period a 
        project or activity described in reasonable detail, and 
        of a kind described in one or more of paragraphs (1) 
        through (14) of section 241 as specified in, such 
        application.
          (2) A statement of the particular goals such project 
        or activity is designed to achieve, and the methods 
        such entity will use to achieve, and assess the 
        achievement of, each of such goals.
          (3) A statement identifying the research (if any) 
        such entity relied on in preparing such application.
  (b) Review and Submission of Applications.--Except as 
provided in subsection (c), an entity shall not be eligible to 
receive a grant under section 244 unless--
          (1) such entity submits to a unit of general local 
        government an application that--
                  (A) satisfies the requirements specified in 
                subsection (a); and
                  (B) describes a project or activity to be 
                carried out in the geographical area under the 
                jurisdiction of such unit; and
          (2) such unit determines that such project or 
        activity is consistent with a current plan formulated 
        by such unit for the purpose of preventing, and 
        reducing the rate of, juvenile delinquency in the 
        geographical area under the jurisdiction of such unit.
  (c) Limitation.--If an entity that receives a grant under 
section 244 to carry out a project or activity for a 2-year 
period, and receives technical assistance from the State or the 
Administrator after requesting such technical assistance (if 
any), fails to demonstrate, before the expiration of such 2-
year period, that such project or such activity has achieved 
substantial success in achieving the goals specified in the 
application submitted by such entity to receive such grants, 
then such entity shall not be eligible to receive any 
subsequent grant under such section to continue to carry out 
such project or activity.

      PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
                    DISSEMINATION

  (a) Research and Evaluation.--(1) The Administrator may--
          (A) plan and identify, after consultation with the 
        Director of the National Institute of Justice, the 
        purposes and goals of all agreements carried out with 
        funds provided under this subsection; and
          (B) make agreements with the National Institute of 
        Justice or, subject to the approval of the Assistant 
        Attorney General for the Office of Justice Programs, 
        with another Federal agency authorized by law to 
        conduct research or evaluation in juvenile justice 
        matters, for the purpose of providing research and 
        evaluation relating to--
                  (i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime 
                committed by juveniles;
                  (ii) the link between juvenile delinquency 
                and the incarceration of members of the 
                families of juveniles;
                  (iii) successful efforts to prevent first-
                time minor offenders from committing subsequent 
                involvement in serious crime;
                  (iv) successful efforts to prevent 
                recidivism;
                  (v) the juvenile justice system;
                  (vi) juvenile violence; and
                  (vii) other purposes consistent with the 
                purposes of this title and title I.
  (2) The Administrator shall ensure that an equitable amount 
of funds available to carry out paragraph (1)(B) is used for 
research and evaluation relating to the prevention of juvenile 
delinquency.
  (b) Statistical Analyses.--The Administrator may--
          (1) plan and identify, after consultation with the 
        Director of the Bureau of Justice Statistics, the 
        purposes and goals of all agreements carried out with 
        funds provided under this subsection; and
          (2) make agreements with the Bureau of Justice 
        Statistics, or subject to the approval of the Assistant 
        Attorney General for the Office of Justice Programs, 
        with another Federal agency authorized by law to 
        undertake statistical work in juvenile justice matters, 
        for the purpose of providing for the collection, 
        analysis, and dissemination of statistical data and 
        information relating to juvenile delinquency and 
        serious crimes committed by juveniles, to the juvenile 
        justice system, to juvenile violence, and to other 
        purposes consist with the purposes of this title and 
        title I.
  (c) Competitive Selection Process.--The Administrator shall 
use a competitive process, established by rule by the 
Administrator, to carry out subsections (a) and (b).
  (d) Implementation of Agreements.--A Federal agency that 
makes an agreement under subsections (a)(1)(B) and (b)(2) with 
the Administrator may carry out such agreement directly or by 
making grants to or contracts with public and private agencies, 
institutions, and organizations.
  (e) Information Dissemination.--The Administrator may--
          (1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign 
        nations (as appropriate), collect data and information 
        from studies and research into all aspects of juvenile 
        delinquency (including the causes, prevention, and 
        treatment of juvenile delinquency) and serious crimes 
        committed by juveniles;
          (2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the 
        preparation, publication, and dissemination of 
        information relating to juvenile delinquency, including 
        State and local prevention and treatment programs, 
        plans, resources, and training and technical assistance 
        programs; and
          (3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the 
        purpose of disseminating information to representatives 
        and personnel of public and private agencies, including 
        practitioners in juvenile justice, law enforcement, the 
        courts, corrections, schools, and related services, in 
        the establishment, implementation, and operation of 
        projects and activities for which financial assistance 
        is provided under this title.

SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

  (a) Training.--The Administrator may--
          (1) develop and carry out projects for the purpose of 
        training representatives and personnel of public and 
        private agencies, including practitioners in juvenile 
        justice, law enforcement,courts, corrections, schools, 
and related services, to carry out the purposes specified in section 
102; and
          (2) make grants to and contracts with public and 
        private agencies, institutions, and organizations for 
        the purpose of training representatives and personnel 
        of public and private agencies, including practitioners 
        in juvenile justice, law enforcement, courts, 
        corrections, schools, and related services, to carry 
        out the purposes specified in section 102.
  (b) Technical Assistance.--The Administrator may--
          (1) develop and implement projects for the purpose of 
        providing technical assistance to representatives and 
        personnel of public and private agencies and 
        organizations, including practitioners in juvenile 
        justice, law enforcement, courts, corrections, schools, 
        and related services, in the establishment, 
        implementation, and operation of programs, projects, 
        and activities for which financial assistance is 
        provided under this title; and
          (2) make grants to and contracts with public and 
        private agencies, institutions, and organizations, for 
        the purpose of providing technical assistance to 
        representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, 
        law enforcement, courts, corrections, schools, and 
        related services, in the establishment, implementation, 
        and operation of programs, projects, and activities for 
        which financial assistance is provided under this 
        title.

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

SEC. 261. GRANTS AND PROJECTS.

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

SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

  The Administrator may make grants to and contracts with 
public and private agencies, organizations, and individuals to 
provide technical assistance to States, units of general local 
government, Indian tribal governments, local private entities 
or agencies, or any combination thereof, to carry out the 
projects for which grants are made under section 261.

SEC. 263. ELIGIBILITY.

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

SEC. 264. REPORTS.

  Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by 
the Administrator to describe progress achieved in carrying the 
projects for which such grants are made.

           Part [I] F--General and Administrative Provisions

                    authorization 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) Authorization of Appropriations for Title II (Excluding 
Parts C and E).--(1) There are authorized to be appropriated to 
carry out this title such sums as may be appropriate for fiscal 
years 1998, 1999, 2000, and 2001.
  (2) Of such sums as are appropriated for a fiscal year to 
carry out this title (other than parts C and E)--
          (A) not more than 5 percent shall be available to 
        carry out part A;
          (B) not less than 80 percent shall be available to 
        carry out part B; and
          (C) not more than 15 percent shall be available to 
        carry out part D.
  (b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as 
may be necessary for fiscal years 1998, 1999, 2000, and 2001.
  (c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and 
authorized to remain available until expended, such sums as may 
be necessary for fiscal years 1998, 1999, 2000, and 2001.
          * * * * * * *
  [(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) * * *
          * * * * * * *
    (d) The Administrator is authorized, after appropriate 
consultation with representatives of States and units of local 
government, to establish such rules, regulations, and 
procedures as are necessary for the exercise of the functions 
of the Office and [as are consistent with the purpose of this 
Act] only to the extent necessary to ensure that there is 
compliance with the specific requirements of this title or to 
respond to requests for clarification and guidance relating to 
such compliance.
  (e) If a State requires by law compliance with the 
requirements described in paragraphs (11), (12), and (13) of 
section 223(a), then for the period such law is in effect in 
such State such State shall be rebuttably presumed to satisfy 
such requirements.
          * * * * * * *

                              use of funds

    Sec. 299C. (a) Funds paid pursuant to this title to any 
public or private agency, organization, or institution, or to 
any individual (either directly or through a State planning 
agency) [may be used for]--
          (1) may be used for planning, developing, or 
        operating the program designed to carry out this title; 
        and
          [(2) not more than 50 per centum of the cost of the 
        construction of any innovative community-based facility 
        for fewer than 20 persons which, in the judgment of the 
        Administrator, is necessary to carry out this title.]
          (2) may not be used for the cost of construction of 
        any facility, except not more than 15 percent of the 
        funds received under this title by a State for a fiscal 
        year may be used for the purpose of renovating or 
        replacing juvenile facilities.
    [(b) Except as provided in subsection (a), no funds paid to 
any public or private agency, or institution or to any 
individual under this title (either directly or through a State 
agency or local agency) may be used for construction.]
    [(c)] (b)(1) Funds paid pursuant to section 223(a)(10)(D) 
and section 261(a)(3) to any public or private agency, 
organization, or institution or to any individual shall not be 
used to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
other device intended or designed to influence a Member of 
Congress or any other Federal, State, or local elected official 
to favor or oppose any Acts, bills, resolutions, or similar 
legislation, or any referendum, initiative, constitutional 
amendment, or any similar procedure of the Congress, any State 
legislature, any local council, or any similar governing body, 
except that this paragraph shall not preclude such funds from 
being used in connection with communications to Federal, State, 
or local elected officials, upon the request of such officials 
through proper official channels, pertaining to authorization, 
appropriation, or oversight measures directly affecting the 
operation of the program involved.
    (2) The Administrator shall take such action as may be 
necessary to ensure that no funds paid under section 
223(a)(10)(D) or section 261(a)(3) are used either directly or 
indirectly in any manner prohibited in this paragraph

                                payments

    Sec. 299D. (a) * * *
          * * * * * * *
    [(d) If the Administrator determines, on the basis of 
information available to the Administrator during any fiscal 
year, that a portion of the funds granted to an applicant under 
part C for such fiscal year will not be required by the 
applicant or will become available by virtue of the application 
of the provisions of section 802 of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended from time to time, 
that portion shall be available for reallocation in an 
equitable manner to States which comply with the requirements 
in paragraphs (12)(A) and (13) of section 223(a), under section 
261(b)(6).]
          * * * * * * *

SEC. 299F. LIMITATION ON USE OF FUNDS.

  None of the funds made available to carry out this title may 
be used to advocate for, or support, the unsecured release of 
juveniles who are charged with a violent crime.

SEC. 299G. RULES OF CONSTRUCTION.

  Nothing in this title or title I shall be construed--
          (1) to prevent financial assistance from being 
        awarded through grants under this title to any 
        otherwise eligible organization; or
          (2) to modify or affect any Federal or State law 
        relating to collective bargaining rights of employees.

SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

  The Administrator may receive surplus Federal property 
(including facilities) and may lease such property to States 
and units of general local government for use in or as 
facilities for juvenile offenders, or for use in or as 
facilities for delinquency prevention and treatment activities.

SEC. 299I. ISSUANCE OF RULES.

  The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for 
making grants and contracts, and distributing funds available, 
to carry out this title.
          * * * * * * *

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

                   [youth development demonstrations

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

             [``Part B--Demonstrations in Youth Development

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

                             [consultation

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

                  [repeal of minimum state allotments

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

                         [extension of program

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

           [TITLE V--MISCELLANEOUS AND CONFORMING AMENDMENTS

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

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

[``Sec. 5031. Definitions

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

               [delinquency proceedings in district court

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

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

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

                                [custody

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

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

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

                         [duties of magistrate

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

[``Sec. 5034. Duties of magistrate

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

                               [detention

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

[``Sec. 5035. Detention prior to disposition

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

                             [speedy trial

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

[``Sec. 5036. Speedy trial

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

                              [disposition

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

[``Sec. 5037. Dispositional hearing

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

                           [juvenile records

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

[``Sec. 5038. Use of juvenile records

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

                              [commitment

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

[``Sec. 5039. Commitment

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

                                [support

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

[``Sec. 5040. Support

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

                                [parole

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

[``Sec. 5041. Parole

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

                              [revocation

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

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

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

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

               [Part B--National Institute of Corrections

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

           [``CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

  [``Sec. 4351. (a) There is hereby established within the 
Bureau of Prisons a National Institute of Corrections.
  [``(b) The overall policy and operations of the National 
Institute of Corrections shall be under the supervision of an 
Advisory Board. The Board shall consist of sixteen members. The 
following six individuals shall serve as members of the 
Commission ex officio: the Director of the Federal Bureau of 
Prisons or his designee, the Administrator of the Law 
Enforcement Assistance Administration or his designee, Chairman 
of the United States Parole Board or his designee, the Director 
of the Federal Judicial Center or his designee, the Deputy 
Assistant Administrator for the National Institute for Juvenile 
Justice and Delinquency Prevention or his designee, and the 
Assistant Secretary for Human Development of the Department of 
Health, Education, and Welfare or his designee.
  [``(c) The remaining ten members of the Board shall be 
selected as follows:
  [``(1) Five shall be appointed initially by the Attorney 
General of the United States for staggered terms; one member 
shall serve for one year, one member for two years, and three 
members for three years. Upon the expiration of each member's 
term, the Attorney General shall appoint successors who will 
each serve for a term of three years. Each member selected 
shall be qualified as a practitioner (Federal, State, or local) 
in the field of corrections, probation, or parole.
  [``(2) Five shall be appointed initially by the Attorney 
General of the United States for staggered terms, one member 
shall serve for one year, three members for two years, and one 
member for three years. Upon the expiration of each member's 
term the Attorney General shall appoint successors who will 
each serve for a term of three years. Each member selected 
shall be from the private sector, such as business, labor, and 
education, having demonstrated an active interest in 
corrections, probation, or parole.
  [``(d) The members of the Board shall not, by reason of such 
membership, be deemed officers or employees of the United 
States. Members of the Commission who are full-time officers or 
employees of the United States shall serve without additional 
compensation, but shall be reimbursed for travel, subsistence, 
and other necessary expenses incurred in the performance of the 
duties vested in the Board. Other members of the Board shall, 
while attending meetings of the Board or while engaged in 
duties related to such meetings or in other activities of the 
Commission pursuant to this title, be entitled to receive 
compensation at the rate not to exceed the daily equivalent of 
the rate authorized for GS-18 by section 5332 of title 5, 
United States Code, including travel-time, and while away from 
their homes or regular places of business may be allowed travel 
expenses, including per diem in lieu of subsistence equal to 
that authorized by section 5703 of title 5, United States Code, 
for persons in the Government service employed intermittently.
  [``(e) The Board shall elect a chairman from among its 
members who shall serve for a term of one year. The members of 
the Board shall also elect one or more members as a vice-
chairman.
  [``(f) The Board is authorized to appoint, without regard to 
the civil service laws, technical or other advisory committees 
to advise the Institute with respect to the administration of 
this title as it deems appropriate. Members of these committees 
not otherwise employed by the United States, while engaged in 
advising the Institute or attending meetings of the committees, 
shall be entitled to receive compensation at the rate fixed by 
the Board but not to exceed the daily equivalent of the rate 
authorized for GS-18 by section 5332 of title 5, United States 
Code, and while away from their homes or regular places of 
business may be allowed travel expenses, including per diem in 
lieu of subsistence equal to that authorized by section 5703 of 
title 5, United States Code, for persons in the Government 
service employed intermittently.
  [``(g) The Board is authorized to delegate its powers under 
this title to such persons as it deems appropriate.
  [``(h) The Institute shall be under the supervision of an 
officer to be known as the Director, who shall be appointed by 
the Attorney General after consultation with the Board. The 
Director shall have authority to supervise the organization, 
employees, enrollees, financial affairs, and all other 
operations of the Institute and may employ such staff, faculty, 
and administrative personnel, subject to the civil service and 
classification laws, as are necessary to the functioning of the 
Institute. The Director shall have the power to acquire and 
hold real and personal property for the Institute and may 
receive gifts, donations, and trusts on behalf of the 
Institute. The Director shall also have the power to appoint 
such technical or other advisory councils comprised of 
consultants to guide and advise the Board. The Director is 
authorized to delegate his powers under this title to such 
persons as he deems appropriate.
  [``Sec. 4352. (a) In addition to the other powers, express 
and implied, the National Institute of Corrections shall have 
authority--
          [``(1) to receive from or make grants to and enter 
        into contracts with Federal, State, and general units 
        of local government, public and private agencies, 
        educational institutions, organizations, and 
        individuals to carry out the purposes of this chapter;
          [``(2) to serve as a clearinghouse and information 
        center for the collection, preparation, and 
        dissemination of information on corrections, including, 
        but not limited to, programs for prevention of crime 
        and recidivism, training of corrections personnel,and 
rehabilitation and treatment of criminal and juvenile offenders;
          [``(3) to assist and serve in a consulting capacity 
        to Federal, State, and local courts, departments, and 
        agencies in the development, maintenance, and 
        coordination of programs, facilities, and services, 
        training, treatment, and rehabilitation with respect to 
        criminal and juvenile offenders;
          [``(4) to encourage and assist Federal, State, and 
        local government programs and services, and programs 
        and services of other public and private agencies, 
        institutions, and organizations in their efforts to 
        develop and implement improved corrections programs;
          [``(5) to devise and conduct, in various geographical 
        locations, seminars, workshops, and training programs 
        for law enforcement officers, judges, and judicial 
        personnel, probation and parole personnel, correctional 
        personnel, welfare workers, and other persons, 
        including lay ex-offenders, and paraprofessional 
        personnel, connected with the treatment and 
        rehabilitation of criminal and juvenile offenders;
          [``(6) to develop technical training teams to aid in 
        the development of seminars, workshops, and training 
        programs within the several States and with the State 
        and local agencies which work with prisoners, parolees, 
        probationers, and other offenders;
          [``(7) to conduct, encourage, and coordinate research 
        relating to corrections, including the causes, 
        prevention, diagnosis, and treatment of criminal 
        offenders;
          [``(8) to formulate and disseminate correctional 
        policy, goals, standards, and recommendations for 
        Federal, State, and local correctional agencies, 
        organizations, institutions, and personnel;
          [``(9) to conduct evaluation programs which study the 
        effectiveness of new approaches, techniques, systems, 
        programs, and devices employed to improve the 
        corrections systems;
          [``(10) to receive from any Federal department or 
        agency such statistics, data, program reports, and 
        other material as the Institute deems necessary to 
        carry out its functions. Each such department or agency 
        is authorized to cooperate with the Institute and 
        shall, to the maximum extent practicable, consult with 
        and furnish information to the Institute;
          [``(11) to arrange with and reimburse the heads of 
        Federal departments and agencies for the use of 
        personnel, facilities, or equipment of such departments 
        and agencies;
          [``(12) to confer with and avail itself of the 
        assistance, services, records, and facilities of State 
        and local governments or other public or private 
        agencies, organizations, or individuals;
          [``(13) to enter into contracts with public or 
        private agencies, organizations, or individuals, for 
        the performance of any of the functions of the 
        Institute; and
          [``(14) to procure the services of experts and 
        consultants in accordance with section 3109 of title 5 
        of the United States Code, at rates of compensation not 
        to exceed the daily equivalentof the rate authorized 
for GS-18 by section 5332 of title 5 of the United States Code.
  [``(b) The Institute shall on or before the 31st day of 
December of each year submit an annual report for the preceding 
fiscal year to the President and to the Congress. The report 
shall include a comprehensive and detailed report of the 
Institute's operations, activities, financial condition, and 
accomplishments under this title and may include such 
recommendations related to corrections as the Institute deems 
appropriate.
  [``(c) Each recipient of assistance under this shall keep 
such records as the Institute shall prescribe, including 
records which fully disclose the amount and disposition by such 
recipient of the proceeds of such assistance, the total cost of 
the project or undertaking in connection with which such 
assistance is given or used, and the amount of that portion of 
the cost of the project or undertaking supplied by other 
sources, and such other records as will facilitate an effective 
audit.
  [``(d) The Institute, and the Comptroller General of the 
United States, or any of their duly authorized representatives, 
shall have access for purposes of audit and examinations to any 
books, documents, papers, and records of the recipients that 
are pertinent to the grants received under this chapter.
  [``(e) The provision of this section shall apply to all 
recipients of assistance under this title, whether by direct 
grant or contract from the Institute or by subgrant or 
subcontract from primary grantees or contractors of the 
Institute.
  [``Sec. 4353. There is hereby authorized to be appropriated 
such funds as may be required to carry out the purposes of this 
chapter.''

                     [part c--conforming amendments

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

  [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.]
          * * * * * * *
                              ----------                              


              SECTION 5315 OF TITLE 5, UNITED STATES CODE

Sec. 5315. Positions at level IV

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


              SECTION 4351 OF TITLE 18, UNITED STATES CODE

  Sec. 4351. (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 Director of the Bureau of Justice 
Assistance or his designee, Chairman of the United States 
Sentencing Commission or his designee, the Director of the 
Federal Judicial Center or his designee, the Associate 
Administrator for the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Juvenile Crime Control and 
Delinquency Prevention or his designee, and the Assistant 
Secretary for Human Development of the Department of Health, 
Education, and Welfare or his designee.
          * * * * * * *
                              ----------                              


              SECTION 3220 OF TITLE 39, UNITED STATES CODE

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

  (a)(1) The [Office of Juvenile Justice and Delinquency 
Prevention] Office of Juvenile Crime Control and Delinquency 
Prevention, after consultation with appropriate public and 
private agencies, shall prescribe general guidelines under 
which penalty mail may be used to assist in the location and 
recovery of missing children. The guidelines shall provide 
information relating to--
          (A) the form and manner in which materials and 
        information relating to missing children (such as 
        biographical data and pictures, sketches, or other 
        likenesses) may be included in penalty mail;
          (B) appropriate sources from which such materials and 
        information may be obtained;
          (C) the procedures by which such materials and 
        information may be obtained; and
          (D) any other matter which the Office considers 
        appropriate.
          * * * * * * *
  (c) As used in this section, ``[Office of Juvenile Justice 
and Delinquency Prevention] Office of Juvenile Crime Control 
and Delinquency Prevention'' and ``Office'' each means the 
[Office of Juvenile Justice and Delinquency Prevention] Office 
of Juvenile Crime Control and Delinquency Prevention within the 
Department of Justice, as established by section 201 of the 
Juvenile Justice and Delinquency Prevention Act of 1974.
                              ----------                              


                 SECTION 463 OF THE SOCIAL SECURITY ACT

     USE OF FEDERAL PARENT LOCATOR SERVICE IN CONNECTION WITH THE 
ENFORCEMENT OR DETERMINATION OF CHILD CUSTODY AND IN CASES OF PARENTAL 
                          KIDNAPING OF A CHILD

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


           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

          * * * * * * *

                   Part H--Administrative Provisions

          consultation; establishment of rules and regulations

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

                         appellate court review

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

                        delegation of functions

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

            administration of juvenile delinquency programs

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


                   VICTIMS OF CHILD ABUSE ACT OF 1990

              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. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.

  (a) In General.--The Administrator, in coordination with the 
Director and with the Director of the Office of Victims of 
Crime, shall make grants to develop and implement 
multidisciplinary child abuse investigation and prosecution 
programs.
  (b) Grant Criteria.--(1) The Director shall establish the 
criteria to be used in evaluating applications for grants under 
this section consistent with sections [262, 293, and 296 of 
subpart II of title II] 299B and 299E of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et 
seq.).
          * * * * * * *

SEC. 214A. GRANTS FOR SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING 
                    PROGRAMS.

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

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

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

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

          * * * * * * *

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

  In order to improve the judicial system's handling of child 
abuse and neglect cases, the Administrator of the [Office of 
Juvenile Justice and Delinquency Prevention] Office of Juvenile 
Crime Control and Delinquency Prevention shall make grants for 
the purpose of providing--
          (1) technical assistance and training to judicial 
        personnel and attorneys, particularly personnel and 
        practitioners in juvenile and family courts; and
          (2) administrative reform in juvenile and family 
        courts.
          * * * * * * *

SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.

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


                   MISSING CHILDREN'S ASSISTANCE ACT

                       TITLE IV--MISSING CHILDREN

                              short title

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

                              definitions

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

               duties and functions of the administrator

    Sec. 404. (a) The Administrator shall--
          (1) * * *
          * * * * * * *
          (5) not later than 180 days after the end of each 
        fiscal year, submit a report to the President, Speaker 
        of the House of Representatives, and the President pro 
        tempore of the Senate--
                  (A) * * *
          * * * * * * *
                  (E) describing in detail the number and types 
                of telephone calls received in the preceding 
                fiscal year over the national toll-free 
                telephone line established under subsection 
                (b)(1)(A) and the number and types of 
                communications referred to the national 
                communications system established under section 
                [313] 331;
    (b) The Administrator, either by making grants to or 
entering into contracts with public agencies or nonprofit 
private agencies[, shall]--
          (1)(A) shall establish and operate a national 24-hour 
        toll-free telephone line by which individuals may 
        report information regarding the location of any 
        missing child, or other child 13 years of age or 
        younger whose whereabouts are unknown to such child's 
        legal custodian, and request information pertaining to 
        procedures necessary to reunite such child with such 
        child's legal custodian; and
          (B) [coordinating] shall coordinate the operation of 
        such telephone line with the operation of the national 
        communications system established under section [313] 
        331;
          * * * * * * *
          (2) for any fiscal year for which no funds are 
        appropriated under section 2 of the Missing and 
        Exploited Children Act of 1997, shall establish and 
        operate a national resource center and clearinghouse 
        designed--
                  (A) * * *
          * * * * * * *
          (3) shall periodically conduct national incidence 
        studies to determine for a given year the actual number 
        of children reported missing each year, the number of 
        children who are victims of abduction by strangers, the 
        number of children who are the victims of parental 
        kidnapings, and the number of children who are 
        recovered each year; and
          (4) shall provide to State and local governments, 
        public and private nonprofit agencies, and individuals 
        information to facilitate the lawful use of school 
        records and birth certificates to identify and locate 
        missing children.
          * * * * * * *
                              ----------                              


                       CRIME CONTROL ACT OF 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''.
          * * * * * * *

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

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

SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.

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


                     RUNAWAY AND HOMELESS YOUTH ACT

                 TITLE III--RUNAWAY AND HOMELESS YOUTH

                              short title

    Sec. 301. This title may be cited as the ``Runaway and 
Homeless Youth Act''.

                                findings

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

            Part A--Runaway and Homeless Youth Grant Program

                        Authority to Make Grants

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

                              eligibility

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

                         [approval by secretary

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


                        approval of applications


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

               Part B--Transitional Living Grant Program

                  [purpose and] authority for program

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

                              eligibility

    Sec. 322. (a) To be eligible for assistance under this 
part, an applicant shall propose to establish, strengthen, or 
fund a transitional living youth project for homeless youth and 
shall submit to the Secretary a plan in which such applicant 
agrees, as part of such project--
          (1) * * *
          * * * * * * *
          (9) to submit to the Secretary an annual report that 
        includes information regarding the activities carried 
        out with funds under this part, the achievements of the 
        project under this part carried out by the applicant 
        and statistical summaries describing the number and the 
        characteristics of the homeless youth who participate 
        in such project, and the services provided to such 
        youth by such project, in the year for which the report 
        is submitted;
          * * * * * * *

                 Part C--National Communications System

                        authority to make grants

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

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

          * * * * * * *

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

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

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

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

                PART E--SEXUAL ABUSE PREVENTION PROGRAM

SEC. 351. AUTHORITY TO MAKE GRANTS.

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

                     Part [E] F--General Provisions

                    assistance to potential grantees

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

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

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

                  [Part F--Administrative Provisions]

                                [reports

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


                                reports


  Sec. 383. (a) Not later than April 1, 1999, and at 2-year 
intervals thereafter, the Secretary shall submit, to the 
Committee on Education and the Workforce of the House of 
Representatives and the Committee on the Judiciary of the 
Senate, a report on the status, activities, and accomplishments 
of entities that receive grants under parts A, B, C, D, and E, 
with particular attention to--
          (1) in the case of centers funded under part A, the 
        ability or effectiveness of such centers in--
                  (A) alleviating the problems of runaway and 
                homeless youth;
                  (B) if applicable or appropriate, reuniting 
                such youth with their families and encouraging 
                the resolution of intrafamily problems through 
                counseling and other services;
                  (C) strengthening family relationships and 
                encouraging stable living conditions for such 
                youth; and
                  (D) assisting such youth to decide upon a 
                future course of action; and
          (2) in the case of projects funded under part B--
                  (A) the number and characteristics of 
                homeless youth served by such projects;
                  (B) the types of activities carried out by 
                such projects;
                  (C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                  (D) the effectiveness of such projects in 
                preparing homeless youth for self-sufficiency;
                  (E) the effectiveness of such projects in 
                assisting homeless youth to decide upon future 
                education, employment, and independent living;
                  (F) the ability of such projects to encourage 
                the resolution of intrafamily problems through 
                counseling and development of self-sufficient 
                living skills; and
                  (G) activities and programs planned by such 
                projects for the following fiscal year.
  (b) The Secretary shall include in the report required by 
subsection (a) summaries of--
          (1) the evaluations performed by the Secretary under 
        section 386; and
          (2) descriptions of the qualifications of, and 
        training provided to, individuals involved in carrying 
        out such evaluations.

                             federal share

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

                       [annual program priorities

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

                    [authorization of appropriations

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

                             federal share

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

                                records

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


                       evaluation and information


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


                  consolidated review of applications


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


                              definitions


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


                    authorization of appropriations


  Sec. 389. (a)(1) There are authorized to be appropriated to 
carry out this title (other than part E) such sums as may be 
necessary for fiscal years 1998, 1999, 2000, and 2001.
  (2)(A) From the amount appropriated under paragraph (1) for a 
fiscal year, the Secretary shall reserve not less than 90 
percent to carry out parts A and B.
  (B) Of the amount reserved under subparagraph (A), not less 
than 20 percent, and not more than 30 percent, shall be 
reserved to carry out part B.
  (3) After reserving the amounts required by paragraph (2), 
the Secretary shall reserve the remaining amount (if any) to 
carry out parts C and D.
  (4) There are authorized to be appropriated to carry out part 
E such sums as may be necessary for fiscal years 1998, 1999, 
2000, and 2001.
  (b) No funds appropriated to carry out this title may be 
combined with funds appropriated under any other Act if the 
purpose of combining such funds is to make a single 
discretionary grant, or a single discretionary payment, unless 
such funds are separately identified in all grants and 
contracts and are used for the purposes specified in this 
title.
                              ----------                              


 SECTION 40155 OF THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 
                                  1994

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

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

       [``grants for prevention of sexual abuse and exploitation

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

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

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

               ``PART E--SEXUAL ABUSE PREVENTION PROGRAM

``SEC. 351. AUTHORITY TO MAKE GRANTS.

  ``(a) The Secretary may make grants to nonprofit private 
agencies for the purpose of providing street-based services to 
runaway and homeless, and street youth, who have been subjected 
to, or are at risk of being subjected to, sexual abuse.
  ``(b) In selecting applicants to receive grants under 
subsection (a), the Secretary shall give priority to non-profit 
private agencies that have experience in providing services to 
runaway and homeless, and street youth.''.
  (b) Authorization of Appropriations.--Section 389(a) of the 
Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by 
section 213 of the Juvenile Crime Control and Delinquency 
Prevention Act of 1997, is amended by adding at the end the 
following:
  ``(4) There are authorized to be appropriated to carry out 
part E such sums as may be necessary for fiscal years 1998, 
1999, 2000, and 2001.''