[House Report 107-203]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-203

======================================================================



 
        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 2001

                                _______
                                

 September 10, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1900]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 1900) to amend the Juvenile Justice and 
Delinquency Prevention Act of 1974 to provide quality 
prevention programs and accountability programs relating to 
juvenile delinquency; 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Concentration of Federal effort.
Sec. 6. Coordinating Council on Juvenile Justice and Delinquency 
Prevention.
Sec. 7. Annual report.
Sec. 8. Allocation.
Sec. 9. State plans.
Sec. 10. Juvenile delinquency prevention block grant program.
Sec. 11. Research; evaluation; technical assistance; training.
Sec. 12. Demonstration projects.
Sec. 13. Authorization of appropriations.
Sec. 14. Administrative authority.
Sec. 15. Use of funds.
Sec. 16. Limitation on use of funds.
Sec. 17. Rules of construction.
Sec. 18. Leasing surplus Federal property.
Sec. 19. Issuance of rules.
Sec. 20. Content of materials.
Sec. 21. Technical and conforming amendments.
Sec. 22. Effective date; application of amendments.

SEC. 2. 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) Although the juvenile violent crime arrest rate in 1999 
        was the lowest in the decade, there remains a consensus that 
        the number of crimes and the rate of offending by juveniles 
        nationwide is still too high.
          ``(2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, allowing 1 youth to leave school for a 
        life of crime and of drug abuse costs society $1,700,000 to 
        $2,300,000 annually.
          ``(3) One in every 6 individuals (16.2 percent) arrested for 
        committing violent crime in 1999 was less than 18 years of age. 
        In 1999, juveniles accounted for 9 percent of murder arrests, 
        17 percent of forcible rape arrests, 25 percent of robbery 
        arrest, 14 percent of aggravated assault arrests, and 24 
        percent of weapons arrests.
          ``(4) More than \1/2\ of juvenile murder victims are killed 
        with firearms. Of the nearly 1,800 murder victims less than 18 
        years of age, 17 percent of the victims less than 13 years of 
        age were murdered with a firearm, and 81 percent of the victims 
        13 years of age or older were killed with a firearm.
          ``(5) Juveniles accounted for 13 percent of all drug abuse 
        violation arrests in 1999. Between 1990 and 1999, juvenile 
        arrests for drug abuse violations rose 132 percent.
          ``(6) Over the last 3 decades, youth gang problems have 
        increased nationwide. In the 1970's, 19 States reported youth 
        gang problems. By the late 1990's, all 50 States and the 
        District of Columbia reported gang problems. For the same 
        period, the number of cities reporting youth gang problems grew 
        843 percent, and the number of counties reporting gang problems 
        increased more than 1,000 percent.
          ``(7) According to a national crime survey of individuals 12 
        years of age or older during 1999, those 12 to 19 years old are 
        victims of violent crime at higher rates than individuals in 
        all other age groups. Only 30.8 percent of these violent 
        victimizations were reported by youth to police in 1999.
          ``(8) One-fifth of juveniles 16 years of age who had been 
        arrested were first arrested before attaining 12 years of age. 
        Juveniles who are known to the juvenile justice system before 
        attaining 13 years of age are responsible for a 
        disproportionate share of serious crimes and violence.
          ``(9) The increase in the arrest rates for girls and young 
        juvenile offenders has changed the composition of violent 
        offenders entering the juvenile justice system.
          ``(10) These problems 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 and in developing the 
                competencies necessary to become responsible and 
                productive members of their communities, 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.
          ``(11) Coordinated juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter can help prevent juveniles from becoming delinquent 
        and help delinquent youth return to a productive life.
  ``(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 and which provide opportunities 
for competency development. Without true reform, the juvenile 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 18 
percent between 2000 and 2030.''.

SEC. 3. 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. 4. 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 (12)(B) by striking ``, of any 
        nonoffender,'',
          (5) in paragraph (13)(B) by striking ``, any nonoffender,'',
          (6) in paragraph (14) by inserting ``drug trafficking,'' 
        after ``assault,'',
          (7) in paragraph (16)--
                  (A) in subparagraph (A) by adding ``and'' at the end, 
                and
                  (B) by striking subparagraph (C),
          (8) 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,
          (9) in paragraph (23) by striking the period at the end and 
        inserting a semicolon, and
          (10) by adding at the end the following:
          ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives, treatment, 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 `prohibited physical contact' means--
                          ``(i) any physical contact between a juvenile 
                        and an adult inmate; and
                          ``(ii) proximity that provides an opportunity 
                        for physical contact between a juvenile and an 
                        adult inmate;
          ``(26) the term `sustained oral and visual contact' means the 
        imparting or interchange of speech by or between an adult 
        inmate and a juvenile, or clear visual contact between an adult 
        inmate and a juvenile in close proximity, but does not 
        include--
                  ``(A) brief communication or brief visual contact 
                that is accidental or incidental; or
                  ``(B) sounds or noises that cannot reasonably be 
                considered to be speech;
          ``(27) the term `adult inmate' means an individual who--
                          ``(A) has reached the age of full criminal 
                        responsibility under applicable State law; and
                          ``(B) has been arrested and is in custody for 
                        or awaiting trial on a criminal charge, or is 
                        convicted of a criminal offense;
          ``(28) 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;
          ``(29) the term `collocated facilities' means facilities that 
        are located in the same building, or are part of a related 
        complex of buildings located on the same grounds; and
          ``(30) 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. 5. 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 (b)--
                  (A) in paragraph (3) by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'',
                  (B) in paragraph (5) by striking ``parts C and D'' 
                each place it appears and inserting ``parts D and E'', 
                and
                  (C) by amending paragraph (7) to read as follows:
          ``(7) not later than 1 year after the date of the enactment 
        of this paragraph, issue model standards for providing mental 
        health care to incarcerated juveniles.'',
          (2) 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'',
          (3) by striking subsection (i), and
          (4) by redesignating subsection (h) as subsection (f).

SEC. 6. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
                    PREVENTION.

  Section 206(c)(2)(B) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by striking 
``Education and Labor'' and inserting ``Education and the Workforce''.

SEC. 7. ANNUAL REPORT.

  Section 207 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5617) is amended 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.''.

SEC. 8. 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 ``(other than parts D 
                                and E)'',
                                  (II) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'',
                                  (III) by striking ``1992'' the 1st 
                                place it appears and inserting 
                                ``2000,'',
                                  (IV) by striking ``1992'' the last 
                                place it appears and inserting 
                                ``2000'',
                                  (V) by striking ``the Trust Territory 
                                of the Pacific Islands,'', and
                                  (VI) 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 ``$400,000'' and 
                                inserting ``$600,000'',
                                  (III) by striking ``or such greater 
                                amount, up to $600,000'' and all that 
                                follows through ``section 299(a) (1) 
                                and (3)'',
                                  (IV) by striking ``the Trust 
                                Territory of the Pacific Islands,'',
                                  (V) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'', and
                                  (VI) by striking ``1992'' and 
                                inserting ``2000,'',
                  (B) in paragraph (3)--
                          (i) by striking ``allot'' and inserting 
                        ``allocate'', and
                          (ii) by striking ``1992'' each place it 
                        appears and inserting ``2000'', and
          (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 9. 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 2d sentence by striking ``and 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, 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 (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
                          (iv) 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'', 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'', and
                                  (II) 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, 
                including information on how such plan is being 
                implemented and how such services will be targeted to 
                those juveniles in such system who are in greatest need 
                of such services;'', 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 (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;'',
                          (iii) 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'',
                          (iv) 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;'',
                          (v) 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, 
                Department of Defense personnel, adults working with 
                local businesses, and adults working with community-
                based organizations and agencies) who are properly 
                screened and trained;'',
                          (vii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'',
                          (viii) by striking subparagraph (K),
                          (ix) in subparagraph (L)--
                                  (I) in clause (iv) by adding ``and'' 
                                at the end,
                                  (II) in clause (v) by striking 
                                ``and'' at the end, and
                                  (III) by striking clause (vi),
                          (x) in subparagraph (M) by striking ``boot 
                        camps'',
                          (xi) by amending subparagraph (N) to read as 
                        follows:
                  ``(N) 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;'',
                          (xii) in subparagraph (O)--
                                  (I) in striking ``cultural'' and 
                                inserting ``other'', and
                                  (II) by striking the period at the 
                                end and inserting a semicolon,
                          (xiii) by redesignating subparagraphs (L), 
                        (M), (N), and (O) as subparagraphs (K), (L), 
                        (M), and (N), respectively; and
                          (xiv) by adding at the end the following:
                  ``(O) programs designed to prevent and to reduce hate 
                crimes committed by juveniles;
                  ``(P) after-school programs that provide at-risk 
                juveniles and juveniles in the juvenile justice system 
                with a range of age-appropriate activities, including 
                tutoring, mentoring, and other educational and 
                enrichment activities;
                  ``(Q) community-based programs that provide follow-up 
                post-placement services to adjudicated juveniles, to 
                promote successful reintegration into the community;
                  ``(R) projects designed to develop and implement 
                programs to protect the rights of juveniles affected by 
                the juvenile justice system; and
                  ``(S) programs designed to provide mental health 
                services for incarcerated juveniles suspected to be in 
                need of such services, including assessment, 
                development of individualized treatment plans, and 
                discharge plans.'',
                  (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 or juveniles within the purview of paragraph 
                (11) will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral and visual contact with adult 
                inmates; and
                  ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adult inmates, including in collocated 
                facilities, have been trained and certified to work 
                with juveniles;'',
                  (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;
                and only if such juveniles do not have prohibited 
                physical contact or sustained oral and visual contact 
                with adults inmates and only if there is in effect in 
                the State a policy that requires individuals who work 
                with both such juveniles and adult inmates in 
                collocated facilities have been trained and certified 
                to work with juveniles;
                  ``(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 in a jail or lockup--
                          ``(i) in which--
                                  ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral and visual contact with 
                                adults inmates; and
                                  ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and adults inmates in 
                                collocated facilities have been trained 
                                and certified to work with juveniles; 
                                and
                          ``(ii) that--
                                  ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget) and has no existing acceptable 
                                alternative placement available;
                                  ``(II) is located where conditions of 
                                distance to be traveled or the lack of 
                                highway, road, or transportation do not 
                                allow for court appearances within 48 
                                hours (excluding Saturdays, Sundays, 
                                and legal holidays) so that a brief 
                                (not to exceed an additional 48 hours) 
                                delay is excusable; or
                                  ``(III) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;
                  ``(C) juveniles who are accused of nonstatus offenses 
                and who are detained not to exceed 20 days 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, in 
                        consultation with the counsel representing the 
                        juvenile, consents to detaining such juvenile 
                        in accordance with this subparagraph and has 
                        the right to revoke such consent at any time;
                          ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile--
                                  ``(I) consults with the parents of 
                                the juvenile to determine the 
                                appropriate placement of the juvenile; 
                                and
                                  ``(II) has an opportunity to present 
                                the juvenile's position regarding the 
                                detention involved to the court before 
                                the court approves such detention;
                          ``(iv) the court hears from the juvenile 
                        before court approval of such placement; and
                          ``(v) detaining such juvenile in accordance 
                        with this subparagraph is--
                                  ``(I) approved in advance by a court 
                                with competent jurisdiction that has 
                                determined that such placement is in 
                                the best interest of such juvenile; and
                                  ``(II) required to be reviewed 
                                periodically and in the presence of the 
                                juvenile, at intervals of not more than 
                                5 days (excluding Saturdays, Sundays, 
                                and legal holidays), by such court for 
                                the duration of detention;'',
                  (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 (22) to read as follows:
          ``(22) provide that the State agency designated under 
        paragraph (1) will--
                  ``(A) to the extent practicable give priority in 
                funding to programs and activities that are based on 
                rigorous, systematic, and objective research that is 
                scientifically based;
                  ``(B) from time to time, but not less than annually, 
                review its plan and submit to the Administrator an 
                analysis and evaluation of the effectiveness of the 
                programs and activities carried out under the plan, and 
                any modifications in the plan, including the survey of 
                State and local needs, that it considers necessary; and
                  ``(C) not expend funds to carry out a program if the 
                recipient of funds who carried out such program during 
                the preceding 2-year period fails to demonstrate, 
                before the expiration of such 2-year period, that such 
                program achieved substantial success in achieving the 
                goals specified in the application submitted by such 
                recipient to the State agency;'',
                  (P) 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;'',
                  (Q) 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;'',
                  (R) in paragraph (25)--
                          (i) by striking ``1992'' and inserting 
                        ``2000'', and
                          (ii) by striking the period at the end and 
                        inserting a semicolon,
                  (S) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively, and
                  (T) 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;
          ``(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;
          ``(27) establish policies and systems to incorporate relevant 
        child protective services records into juvenile justice records 
        for purposes of establishing and implementing treatment plans 
        for juvenile offenders; and
          ``(28) provide assurances that juvenile offenders whose 
        placement is funded through section 472 of the Social Security 
        Act (42 U.S.C. 672) receive the protections specified in 
        section 471 of such Act (42 U.S.C. 671), including a case plan 
        and case plan review as defined in section 475 of such Act (42 
        U.S.C. 675).'',
          (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, 2001, then--
          ``(1) subject to paragraph (2), the amount allocated to such 
        State under section 222 for the subsequent fiscal year shall be 
        reduced by not less than 12.5 percent for each such paragraph 
        with respect to which the failure occurs, and
          ``(2) the State shall be ineligible to receive any allocation 
        under such section for such fiscal year unless--
                  ``(A) the State agrees to expend 50 percent of the 
                amount allocated to the State for such fiscal year to 
                achieve compliance with any such paragraph with respect 
                to which the State is in noncompliance; or
                  ``(B) the Administrator determines that the State--
                          ``(i) has achieved substantial compliance 
                        with such applicable requirements 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 with 
                        such applicable requirements within a 
                        reasonable time.'',
          (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)'', and
          (4) by adding at the end the following:
  ``(e) Notwithstanding any other provision of law, the Administrator 
shall establish appropriate administrative and supervisory board 
membership requirements for a State agency designated under subsection 
(a)(1) and permit the State advisory group appointed under subsection 
(a)(3) to operate as the supervisory board for such agency, at the 
discretion of the chief executive officer of the State.''.

SEC. 10. 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 2d 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.

  ``(a) Grants to Eligible States.--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 provide treatment (including treatment 
        for mental health problems) to juvenile offenders, and 
        juveniles who are at risk of becoming juvenile offenders, who 
        are victims of child abuse or neglect or who have experienced 
        violence in their homes, at school, or in the community, and to 
        their families, in order to reduce the likelihood that such 
        juveniles will commit violations of law;
          ``(2) 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 
                juveniles with disabilities;
                  ``(G) which develop locally coordinated policies and 
                programs among education, juvenile justice, and social 
                service agencies; or
                  ``(H) to provide services to juveniles with serious 
                mental and emotional disturbances (SED) in need of 
                mental health services;
          ``(3) 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;
          ``(4) 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;
          ``(5) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders and juveniles who are at risk of becoming 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;
          ``(6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for dependence 
        on or abuse of alcohol, drugs, or other harmful substances;
          ``(7) 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;
          ``(8) 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 (including 
                mental health services) to prevent such juvenile from 
                committing subsequent offenses;
          ``(9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
          ``(10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies (including collaboration on 
        appropriate prenatal care for pregnant juvenile offenders), 
        private nonprofit agencies, and public recreation agencies 
        offering services to juveniles;
          ``(11) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
          ``(12) delinquency prevention activities 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;
          ``(13) to establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing treatment plans 
        for juvenile offenders;
          ``(14) programs that encourage social competencies, problem-
        solving skills, and communication skills, youth leadership, and 
        civic involvement;
          ``(15) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses;
          ``(16) projects which provide for--
                  ``(A) an assessment by a qualified mental health 
                professional of incarcerated juveniles who are 
                suspected to be in need of mental health services;
                  ``(B) the development of an individualized treatment 
                plan for those incarcerated juveniles determined to be 
                in need of such services;
                  ``(C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health services 
                that addresses aftercare services; and
                  ``(D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed mental 
                health professional;
          ``(17) after-school programs that provide at-risk juveniles 
        and juveniles in the juvenile justice system with a range of 
        age-appropriate activities, including tutoring, mentoring, and 
        other educational and enrichment activities;
          ``(18) programs related to the establishment and maintenance 
        of a school violence hotline, based on a public-private 
        partnership, that students and parents can use to report 
        suspicious, violent, or threatening behavior to local school 
        and law enforcement authorities;
          ``(19) programs (excluding programs to purchase guns from 
        juveniles) designed to reduce the unlawful acquisition and 
        illegal use of guns by juveniles, including partnerships 
        between law enforcement agencies, health professionals, school 
        officials, firearms manufacturers, consumer groups, faith-based 
        groups and community organizations;
          ``(20) programs designed to prevent animal cruelty by 
        juveniles and to counsel juveniles who commit animal cruelty 
        offenses, including partnerships among law enforcement 
        agencies, animal control officers, social services agencies, 
        and school officials;
          ``(21) programs that provide suicide prevention services for 
        incarcerated juveniles and for juveniles leaving the 
        incarceration system;
          ``(22) programs to establish partnerships between State 
        educational agencies and local educational agencies for the 
        design and implementation of character education and training 
        programs that reflect the values of parents, teachers, and 
        local communities, and incorporate elements of good character, 
        including honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness;
          ``(23) programs that foster strong character development in 
        at-risk juveniles and juveniles in the juvenile justice system;
          ``(24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment (including 
        evaluation and treatment during a mandatory holding period for 
        not less than 24 hours) for juveniles who bring a gun on school 
        grounds without permission from appropriate school authorities; 
        and
          ``(25) other activities that are likely to prevent juvenile 
        delinquency.
  ``(b) Grants to Eligible Indian Tribes.--The Administrator may make 
grants to eligible Indian tribes from funds allocated under section 
242(b), to carry out projects of the kinds described in subsection (a).

``SEC. 242. ALLOCATION.

  ``(a) Allocation Among Eligible States.--Subject to subsection (b), 
funds appropriated to carry out this part shall be allocated among 
eligible States proportionately based on the population that is less 
than 18 years of age in the eligible States.
  ``(b) Allocation Among Indian Tribes Collectively.--Before allocating 
funds under subsection (a) among eligible States, the Administrator 
shall allocate among eligible Indian tribes as determined under section 
246(a), an aggregate amount equal to the amount such tribes would be 
allocated under subsection (a), and without regard to this subsection, 
if such tribes were treated collectively as an eligible State.

``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 supplement, 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 the State advisory 
        group, 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 the State advisory group will be 
        afforded the opportunity to review and comment on all grant 
        applications submitted to the State agency.
          ``(5) An assurance that each eligible entity described in 
        section 244 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.
          ``(6) 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 a 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) Grants by States.--Using a grant received under section 241, a 
State may make grants to eligible entities whose applications are 
received by the State, and reviewed by the State advisory group, to 
carry out projects and activities described in section 241.
  ``(b) Special Consideration.--For purposes of making grants under 
subsection (a), the State shall give special consideration to eligible 
entities that--
          ``(1) propose to carry out such projects in geographical 
        areas in which there is--
                  ``(A) a disproportionately high level of serious 
                crime committed by juveniles; or
                  ``(B) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
          ``(2)(A) agreed to carry out such projects or activities that 
        are multidisciplinary and involve more than 2 private nonprofit 
        agencies, organizations, and institutions that have experience 
        dealing with juveniles; or
          ``(B) represent communities that have a comprehensive plan 
        designed to identify at-risk juveniles and to prevent or reduce 
        the rate of juvenile delinquency, and that involve other 
        entities operated by individuals who have a demonstrated 
        history of involvement in activities designed to prevent 
        juvenile delinquency; and
          ``(3) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.

``SEC. 245. ELIGIBILITY OF ENTITIES.

  ``(a) Eligibility.--Except as provided in subsection (b), to be 
eligible to receive a grant under section 244, a unit of general 
purpose local government, acting jointly with not fewer than 2 private 
nonprofit agencies, organizations, and institutions that have 
experience dealing with juveniles, shall submit to the State 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 (25) of section 241(a) 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) Limitation.--If an eligible 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. 246. GRANTS TO INDIAN TRIBES.

  ``(a) Eligibility.--
          ``(1) Application.--To be eligible to receive a grant under 
        section 241(b), an Indian tribe shall submit to the 
        Administrator an application in accordance with this section, 
        in such form and containing such information as the 
        Administrator may require by rule.
          ``(2) Plans.--Such application shall include a plan for 
        conducting programs, projects, and activities described in 
        section 241(a), which plan shall--
                  ``(A) provide evidence that the applicant Indian 
                tribe performs law enforcement functions (as determined 
                by the Secretary of the Interior);
                  ``(B) identify the juvenile justice and delinquency 
                problems and juvenile delinquency prevention needs to 
                be addressed by activities conducted with funds 
                provided by the grant for which such application is 
                submitted, by the Indian tribe in the geographical area 
                under the jurisdiction of the Indian tribe;
                  ``(C) provide for fiscal control and accounting 
                procedures that--
                          ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        grants received by applicants under this 
                        section; and
                          ``(ii) are consistent with the requirement 
                        specified in subparagraph (B); and
                  ``(D) comply with the requirements specified in 
                section 223(a) (excluding any requirement relating to 
                consultation with a State advisory group) and with the 
                requirements specified in section 222(c); and
                  ``(E) contain such other information, and be subject 
                to such additional requirements, as the Administrator 
                may reasonably require by rule to ensure the 
                effectiveness of the projects for which grants are made 
                under section 241(b).
  ``(b) Factors for Consideration.--For the purpose of selecting 
eligible applicants to receive grants under section 241(b), the 
Administrator shall consider--
          ``(1) the resources that are available to each applicant 
        Indian tribe that will assist, and be coordinated with, the 
        overall juvenile justice system of the Indian tribe; and
          ``(2) with respect to each such applicant--
                  ``(A) the juvenile population; and
                  ``(B) the population and the entities that will be 
                served by projects proposed to be carried out with the 
                grant for which the application is submitted.
  ``(c) Grant Process.--
          ``(1) Selection of grant recipients.--
                  ``(A) Selection requirements.--Except as provided in 
                paragraph (2), the Administrator shall--
                          ``(i) make grants under this section on a 
                        competitive basis; and
                          ``(ii) specify in writing to each applicant 
                        selected to receive a grant under this section, 
                        the terms and conditions on which such grant is 
                        made to such applicant.
                  ``(B) Period of grant.--A grant made under this 
                section shall be available for expenditure during a 2-
                year period.
          ``(2) Exception.--If--
                  ``(A) in the 2-year period for which a grant made 
                under this section shall be expended, the recipient of 
                such grant applies to receive a subsequent grant under 
                this section; and
                  ``(B) the Administrator determines that such 
                recipient performed during the year preceding the 2-
                year period for which such recipient applies to receive 
                such subsequent grant satisfactorily and in accordance 
                with the terms and conditions applicable to the grant 
                received;
        then the Administrator may waive the application of the 
        competition-based requirement specified in paragraph (1)(A)(i) 
        and may allow the applicant to incorporate by reference in the 
        current application the text of the plan contained in the 
        recipient's most recent application previously approved under 
        this section.
          ``(3) Authority to modify application process for subsequent 
        grants.--The Administrator may modify by rule the operation of 
        subsection (a) with respect to the submission and contents of 
        applications for subsequent grants described in paragraph (2).
  ``(d) Reporting Requirement.--Each Indian tribe that receives a grant 
under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
  ``(e) Matching Requirement.--(1) Funds appropriated for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
  ``(2) Paragraph (1) shall not apply with respect to funds 
appropriated before the date of the enactment of the Juvenile Justice 
and Delinquency Prevention Act of 2001.
  ``(3) If the Administrator determines that an Indian tribe does not 
have sufficient funds available to meet the non-Federal share of the 
cost of any program or activity to be funded under the grant, the 
Administrator may increase the Federal share of the cost thereof to the 
extent the Administrator deems necessary.''.

SEC. 11. 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 10, 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 the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          ``(B) 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;
                  ``(vii) appropriate mental health services for 
                juveniles and youth at risk of participating in 
                delinquent activities;
                  ``(viii) reducing the proportion of juveniles 
                detained or confined in secure detention facilities, 
                secure correctional facilities, jails, and lockups who 
                are members of minority groups;
                  ``(ix) evaluating services, treatment, and aftercare 
                placement of juveniles who were under the care of the 
                State child protection system before their placement in 
                the juvenile justice system;
                  ``(x) determining--
                          ``(I) the frequency, seriousness, and 
                        incidence of drug use by youth in schools and 
                        communities in the States using, if 
                        appropriate, data submitted by the States 
                        pursuant to this subparagraph and subsection 
                        (b); and
                          ``(II) the frequency, degree of harm, and 
                        morbidity of violent incidents, particularly 
                        firearm-related injuries and fatalities, by 
                        youth in schools and communities in the States, 
                        including information with respect to--
                                  ``(aa) the relationship between 
                                victims and perpetrators;
                                  ``(bb) demographic characteristics of 
                                victims and perpetrators; and
                                  ``(cc) the type of weapons used in 
                                incidents, as classified in the Uniform 
                                Crime Reports of the Federal Bureau of 
                                Investigation; and
                  ``(xi) 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.
  ``(3) Nothing in this subsection shall be construed to permit the 
development of a national database of personally identifiable 
information on individuals involved in studies, or in data-collection 
efforts, carried out under paragraph (1)(B)(x).
          ``(4) Not later than 1 year after the date of enactment of 
        this paragraph,the Administrator shall conduct a study with 
        respect to juveniles who, prior to placement in the juvenile 
        justice system, were under the care or custody of the State 
        child welfare system, and to juveniles who are unable to return 
        to their family after completing their disposition in the 
        juvenile justice system and who remain wards of the State. Such 
        study shall include--
                  ``(A) the number of juveniles in each category;
                  ``(B) the extent to which State juvenile justice 
                systems and child welfare systems are coordinating 
                services and treatment for such juveniles;
                  ``(C) the Federal and local sources of funds used for 
                placements and post-placement services;
                  ``(D) barriers faced by State in providing services 
                to these juveniles;
                  ``(E) the types of post-placement services used;
                  ``(F) the frequency of case plans and case plan 
                reviews; and
                  ``(G) the extent to which case plans identify and 
                address permanency and placement barriers and treatment 
                plans.
  ``(b) Statistical Analyses.--The Administrator may--
          ``(1) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          ``(2) 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 consistent 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 (including model juvenile and family 
        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 (including model juvenile and family 
        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 
        (including model juvenile and family 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 (including model 
        juvenile and family 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.
  ``(c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator shall 
provide training and technical assistance to mental health 
professionals and law enforcement personnel (including public 
defenders, police officers, probation officers, judges, parole 
officials, and correctional officers) to address or to promote the 
development, testing, or demonstration of promising or innovative 
models (including model juvenile and family courts), programs, or 
delivery systems that address the needs of juveniles who are alleged or 
adjudicated delinquent and who, as a result of such status, are placed 
in secure detention or confinement or in nonsecure residential 
placements.''.

SEC. 12. 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 11, 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 reasonably 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 out the 
projects for which such grants are made.''.

SEC. 13. 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 2002, 2003, 
2004, 2005, and 2006.
  ``(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 2002, 2003, 2004, 2005, and 2006.
  ``(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 2002, 2003, 2004, 2005, and 2006.''.

SEC. 14. 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. 15. USE OF FUNDS.

  Section 299C(c) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
  ``(c) No funds may be paid under this title to a residential program 
(excluding a program in a private residence) unless--
          ``(1) there is in effect in the State in which such placement 
        or care is provided, a requirement that the provider of such 
        placement or such care may be licensed only after satisfying, 
        at a minimum, explicit standards of discipline that prohibit 
        neglect, physical and mental abuse, as defined by State law;
          ``(2) such provider is licensed as described in paragraph (1) 
        by the State in which such placement or care is provided; and
          ``(3) such provider satisfies the licensing standards of each 
        other State from which such provider receives a juvenile for 
        such placement or such care, in accordance with the Interstate 
        Compact on Child Placement as entered into by such other 
        State.''.

SEC. 16. LIMITATIONS 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 10, 
is amended adding at the end the following:

``SEC. 299F. LIMITATIONS 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. 17. 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 10 
and amended by section 16, 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. 18. 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 10 
and amended by sections 16 and 17, 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. 19. 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 10 
and amended by sections 16, 17, and 18, 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. 20. CONTENT OF MATERIALS.

  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 10 
and amended by sections 16, 17, 18, and 19, is amended by adding at the 
end the following:

``SEC. 299J. CONTENT OF MATERIALS.

  ``Materials produced, procured, or distributed both using funds 
appropriated to carry out this Act and for the purpose of preventing 
hate crimes that result in acts of physical violence, shall not 
recommend or require any action that abridges or infringes upon the 
constitutionally protected rights of free speech, religion, or equal 
protection of juveniles or of their parents or legal guardians.''.

SEC. 21. 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) 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 section 217(c)(1) by striking ``sections 262, 293, and 
        296 of subpart II of title II'' and inserting ``sections 299B 
        and 299E'', and
          (D) in section 223(c) by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
  (2) Section 404(a)(5)(E) of the Missing Children's Assistance Act (42 
U.S.C. 5773) is amended by striking ``section 313'' and inserting 
``section 331''.

SEC. 22. 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, 
2001.

                                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.

                            Committee Action


                             104th Congress

    In the 104th Congress, the Subcommittee on Early Childhood, 
Youth and Families held four hearings for the purpose of 
considering and reviewing the authorization of the Juvenile 
Crime Control 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; and, 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: Representative Bill 
McCollum of Florida; Representative 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; and, 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; and, 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; and, Robert 
Fellneth, Executive Director, University of San Diego School of 
Law, San Diego, CA.

                             105th Congress

    In the 105th Congress, the Subcommittee held four 
additional hearings for the purposes of considering and 
reviewing the authorization of the Juvenile Crime Control 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 7th 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; and, 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.

                             106th Congress

    In the 106th Congress, the Subcommittee on Early Childhood, 
Youth and Families held two hearings for the purpose of 
considering and reviewing the authorization of the Juvenile 
Crime Control and Delinquency Prevention Act.
    The first hearing, which focused on preventing juvenile 
crime in schools and communities, was held March 18, 1999 in 
Washington, D.C. The witnesses were as follows: Jesse Sligh, 
Executive Assistant District Attorney, Queens County District 
Attorney's Office, Kew Gardens, New York; Karla Ballard, ARISE 
International, Wilmington, Delaware; Sandra McBrayer, Executive 
Director, The Children's Initiative, San Diego, California; 
Barbara Ott, Director, The Children's Initiative, San Diego, 
California; Vincent Schiraldi, Executive Director, Center for 
Juvenile and Criminal Justice, Washington, D.C.; and, Robert 
Smith, Director, Youth Services Agency of Pennsylvania, 
Doylestown, Pennsylvania.
    The second hearing, which focused on administration of 
federal juvenile crime and prevention programs, was held on 
March 25, 1999 in Washington, D.C. The witnesses were as 
follows: Shay Bilchik, Administrator, Office of Juvenile 
Justice and Delinquency Prevention, Office of Judicial 
Programs, Department of Justice, Washington, D.C.; and, 
Patricia Montoya, Commissioner, Administration on Children, 
Youth and Families, Department of Health and Human Services, 
Washington, D.C.

                             107th Congress

    In the 107th Congress, the Subcommittee on Select Education 
held a hearing for the purpose of considering and reviewing the 
authorization of the Juvenile Justice and Delinquency 
Prevention Act of 1974.
    The hearing, which focused on how the federal role in the 
juvenile justice system can be improved, was held on June 6, 
2001 in Washington, D.C. The witnesses were as follows: Jerry 
Regier, Cabinet Secretary, Department of Health and Human 
Services, Oklahoma City, Oklahoma; David Grossmann, Judge, 
Juvenile Court, Hamilton County, Cincinnati, Ohio; Dr. Edward 
Mulvey, Psychiatrist, Law & Psychiatry Research, Western 
Psychiatric Institute and Clinic, University of Pittsburgh 
School of Medicine, Pittsburgh, Pennsylvania; Mark Witte, 
Director, Juvenile Justice Programs, Wedgewood Youth and 
Families Services, Grand Rapids, Michigan; David Bonfiglio, 
Superior Court Judge, Elkhart, Indiana; and, Dominic Herbst, 
President, Bethesda Family Services, West Milton, Pennsylvania.

                           Legislative Action


                             104th Congress

    On July 25, 1996, the Subcommittee on Early Childhood, 
Youth and Families reported H.R. 3876, as amended by voice 
vote, to the full Committee. On August 1, 1996, the Committee 
on Economic and Educational Opportunities reported H.R. 3876, 
as amended, out of full Committee. H.R. 3876 was placed on the 
Union Calendar September 12, 2001 however it was not considered 
on the House Floor.

                             105th Congress

    On June 12, 1997, the Subcommittee on Early Childhood, 
Youth and Families reported H.R. 1818, as amended by voice 
vote, to the full Committee. On June 18, 1997, the Committee on 
Education and the Workforce considered H.R. 1818. H.R. 1818, as 
amended, was favorably reported out of Committee by voice vote. 
On July 15, 1997, the House passed H.R. 1818, as amended.

                             106th Congress

    On April 22, 1999, the Subcommittee on Early Childhood, 
Youth and Families reported H.R. 1150, as amended by voice 
vote, to the full Committee. In the 106th Congress considered 
three major bills, H.R. 1501, H.R. 1150, and S 254. 
Collectively, these bills would have reauthorized the Act, 
added new penalties, and proposed or reauthorized non-JJDP Act 
juvenile crime control programs. On June 17, 1999, the House 
passed, H.R. 1501, as amended. H.R. 1150 was approved by the 
House as an amendment to H.R. 1501.

                             107th Congress

    On June 21, 2001, the Subcommittee on Select Education 
ordered favorably reported H.R. 1900, as amended, to the full 
Committee by a vote of 12-1.
    On August 1, 2001, the Committee on Education and the 
Workforce considered H.R. 1900. Representative Jim Greenwood 
offered an amendment in the nature of asubstitute. 
Representatives Miller and Wu offered amendments to the amendment in 
the nature of the substitute, which were accepted by voice vote. The 
amendment in the nature of a substitute, as amended, was accepted by a 
vote of 41-2, and H.R. 1900 was favorably reported out of Committee.

                              Bill Summary

    Congressman Jim Greenwood (R-PA) and Congressman Bobby 
Scott (D-VA) introduced H.R. 1900, the Juvenile Justice and 
Delinquency Prevention Act of 2001. In both the 105th and 106th 
Congresses, similar bills (H.R. 1818 and H.R. 1150 
respectively) were approved in the House but never enacted into 
law.
    Under current law, States are eligible for federal juvenile 
justice funding if they meet four core requirements, commonly 
known as ``mandates.'' The mandates are (1) status offenders-
juveniles who commit acts, such as truancy, that would not be 
considered criminal if they were adults--shall not be placed in 
jail, lock-up, or a secure detention and correctional facility; 
(2) juveniles housed in adult facilities shall be separated by 
``sight and sound'' from adults; (3) juveniles may be held in 
adult jails for up to 24 hours after arrest if geography or 
weather prohibits travel, also knows as the ``rural 
exception''; and (4) states must address the disproportionate 
number of minority juveniles detained or confined in secure 
facilities, jails, and lock-ups relative to the general 
population.
    The Juvenile Justice and Delinquency Prevention Act of 2001 
amends requirements for formula grant funds, to encourage 
grater collaboration between the many systems that interact 
with juveniles who commit delinquent acts. H.R. 1900 creates 
new requirements for ensuring that public child welfare records 
relating to a juvenile are made available to the juvenile court 
and for ensuring that juveniles whose placements are funded 
through the foster care system receive the appropriate case 
management and case review protections.
    H.R. 1900 amends the four mandates as follows: (1) retains 
the current prohibition on detaining status offenders in secure 
facilities in accordance with rules issued by the 
Administrator, which allows such juveniles to be held up to 24 
hours before and 24 hours after their court appearance; (2) 
modifies the ``sight and sound'' separation requirement to 
prohibit physical contact (defined as any physical contact 
between a juvenile and an adult inmate; and proximity that 
provides an opportunity for physical contact between a juvenile 
and an adult inmate) or sustained oral and visual contact adult 
inmates; (3) builds additional flexibility into the ``rural 
exception'' by extending the period of time for which juveniles 
can be held in a facility with adults, prior to an initial 
court appearance, to 48 hours (excluding weekends and 
holidays); and (4) modifies the disproportionate minority 
confinement provision to require States to address prevention 
efforts to reduce the disproportionate number of minorities 
that come in contact with the juvenile justice system and 
prohibits the establishment of numerical standards or quotas. 
It also requires that States failing to comply with these 
mandates lose 12.5% of Title II, Part B formula grants for each 
mandate not met and use 50% of the remaining funds to come back 
into compliance with the mandate.
    H.R. 1900 eliminates Part C, National Programs or 
Discretionary Programs; Part D, Gang-Free Schools and 
Communities; Community-Based Gang Intervention; Part E, State 
Challenge Activities; Part F, Treatment for Juvenile Offenders 
Who Are Victims of Child Abuse or Neglect; Part G, Mentoring; 
Part H, Boot Camps; Part I, White House Conference; and Title 
V, Incentive Grants for Local Delinquency Prevention Programs. 
H.R. 1900 creates a new Part C, Juvenile Delinquency Prevention 
Block Grant Program, with funds to be used for activities 
designed to prevent juvenile delinquency; a new Part D, 
Research, Evaluation, Technical Assistance and Training; and a 
new Part E, Developing, Testing, and Demonstrating Promising 
New Initiatives and Programs.
    H.R. 1900 authorizes appropriations to carry out Title II, 
at such sums as may be appropriate for fiscal years 2002, 2003, 
2004, and 2005, with the provision that of the total 
appropriated for this title, excluding Part C, Juvenile 
Delinquency Prevention Block Grant Program, and Part E, 
Developing, Testing, and Demonstrating Promising New 
Initiatives and Programs, not more than 5% shall be available 
to carry out Part A, Office of Juvenile Justice and Delinquency 
Prevention. In addition, not less than 80% shall be available 
to carry out Part B, Federal Assistance for State and Local 
Programs; and not more than 15% shall be available to carry out 
Part D, Research, Evaluation, Technical Assistance and 
Training.

                            Committee Views

    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. The strength of 
America is the family unit however, there are times when 
difficulties arise that have no easy solution, even for those 
who have the best support systems available to them. The 
juvenile courts, community based organizations, law 
enforcement, and faith based organizations all have a 
responsibility in assisting families whose children become 
faced with the consequences of law breaking. Ohio family court 
Judge David Grossmann addressed the Subcommittee on Select 
Education June 6, 2001 and noted: ``Juveniles are not miniature 
adults. They are strongly influenced by their families and 
their peers, and more often than not, they can be rehabilitated 
or diverted from a life of crime.'' The federal role in 
supporting states in the development and expansion of their 
juvenile justice systems is a small but a vital component of 
maintaining the peace.
    The Committee believes that 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.
    The Act provides technical assistance and research and 
dissemination of information on effective programs for 
combating juvenile crime to state and local governments. Funds 
under this Act are distributed to States based on the number of 
youth under the age of 18 residing in the State compared to 
other States. The Committee believes that States and local 
communities should be able to draw on programs that have 
undergone rigorous, evidenced based research if they are to be 
replicated. Technical assistance is also a vital component of 
helping communities adapt programs to their needs.
    The Committee believes that amending the requirements for 
formula grant funds, to include expanding the array of 
community-based juvenile delinquency and accountability 
programs and services will encourage a comprehensive and 
balanced approach to reducing juvenile crime. These programs 
and services (which include mental health services for 
juveniles, mentoring programs, and youth development programs) 
are designed for juveniles, their parents, and other family 
members during and after incarceration for the purpose of 
strengthening families and keeping juveniles in their own homes 
whenever possible. Too often youth return to a community 
without the support they need from family or other community 
support systems, and thus return to the juvenile justice system 
as a repeat offender. H.R. 1900 encourages communities to 
implement community-based post-placement services to promote 
the successful reintegration of juveniles into the community.

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:
    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.
    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 or full-time security staff and 
direct-care staff of a jail or lockup for adults to serve 
juveniles.
    Removal of Juveniles from Jails and Facilities for Adults--
requires States to remove juveniles from adult jails or 
lockups, with a few exceptions that apply to rural areas.
    Disproportionate minority confinement 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. These issues are 
discussed in more detail below
            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, Sonoma County, California, 
in his testimony before the Subcommittee on Early Childhood, 
Youth and Families in the 105th Congress 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 an effort to address concerns regarding the requirement 
for the deinstitutionalization of status offenders, H.R. 1900 
makes a number of changes to current law to increase the 
flexibility for 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. 1900 includes 
language that 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 and second the appropriate placement for 
the juvenile, pending disposition of the violation alleged. 
While an outside agency is still required to advise the court 
on the individual needs of the juvenile, 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. 
Many status offenders may be runaways fleeing abusive 
situations, and 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 in 
the 105th Congress, ``The pure status offender is atypical: 
most status offenders also commit a variety of delinquent or 
other deviant acts.'' The Committee believes there is a strong 
needs 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 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 also discussed the ``sight and sound'' 
separation mandate for periods when juveniles are held in the 
same facility with adults.
    H.R. 1900 modifies the current law provision to prohibit 
physical and sustained oral and visual 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.
    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 to work with juveniles by the State under State 
standards. As such, H.R. 1900 permits shared staff to work with 
juveniles, provided the staff has been trained and certified 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 24 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 former Administrator 
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. 1900 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. 1900 includes a new exception that allows 
juveniles to be held in adult facilities not to exceed 20 days 
as long as the parent or legal guardian consents, the 
juvenile's counsel has the opportunity to present the 
juvenile's position regarding the detention, the court hears 
from the juvenile prior to approval of placement, and 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 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 
when it is in the best interest of the juvenile to remain in 
close proximity to family and community. Sight and sound 
separation restrictions wouldcontinue 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.
            Disproportionate minority confinement
    H.R. 1900 also makes changes to the disproportionate 
representation of minorities in confinement (DMC) mandate. 
Current law focuses on the number of minorities in the judicial 
system compared to the general minority population. It focuses 
only on the number of juvenile minorities in confinement. The 
Committee is aware of concerns that current law could 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 on the basis of race. The Committee 
is concerned, however, about the interpretation of the mandate 
in its current form and we have modified current law to respond 
to this concern while acknowledging the continued need for this 
mandate.
    Jerry Regier, Director, Oklahoma Department of Juvenile 
Justice, in testimony before the Senate Subcommittee on Youth 
Violence on March 12, 1996, discussed a study published in late 
1993 analyzing this issue in the State of Oklahoma. According 
to the study, African-American juveniles represented 9.6% of 
the juvenile population in Oklahoma but comprised 25% of all 
juvenile arrests. Native American juveniles, on the other hand, 
comprised 11.2% of the juvenile population yet only 5.1% of the 
total arrested. According to Mr. Regier, ``Quotas are not the 
answer. Youth are placed in a system based on their acts, not 
their race. We do not plan to go out and arrest more Native 
American youth to get their numbers up, nor will we cease 
arresting African-American juveniles who commit crimes. Youth 
are arrested and adjudicated based on their acts, not their 
race.''
    The Committee bill maintains the DMC mandate, but changes 
it to focus State efforts on prevention and system improvements 
that will reduce the disproportionate number of juvenile 
members of minority groups who come into contact with the 
juvenile justice system. H.R. 1900 further amends the current 
law by expressly prohibiting the establishment or requirement 
of quotas.
    A major justification for retaining the mandate is t ensure 
that prevention efforts are targeted to communities where a 
disproportionate number of minorities are committed to the 
juvenile justice system. The Committee believes that prevention 
is key to reducing juvenile crime and 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 colorblind. 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. 1900 to the 
current mandate will help ensure that our efforts eliminate the 
true bias in the juvenile justice system and does not create 
quotas, and direct efforts toward reducing the 
overrepresentation of minority youth in the juvenile justice 
system.

Change in penalties for non-compliance

    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 reduced the penalty to 12.5% for each 
mandate for which it is not in compliance and requires that a 
State must use 50% of the remaining funds toward coming back 
into compliance with the mandate. 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. 1900 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 ensure 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.
    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. 1900 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. 1900 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 mentoring, 
mental health services, 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 wants 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. 1900 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 that 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. 
H.R. 1900 also requires that the State Advisory Group have the 
opportunity to comment on grant applications.
    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 that 
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 programs are 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 that 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. 
1900 was developed with the intention that funded programs be 
based on sound, proven crime prevention research whenever 
possible. In his testimony before the Subcommittee on Select 
Education on June 6, 2001, Dr. Ed Mulvey made clear that we do 
have some answers from research that can be applied to 
improving the juvenile justice system, but that more focused 
questions need to be asked as well. He said:

        The fundamental point that I would like to make today 
        is that useful research has and can be done regarding 
        juvenile delinquency and the juvenile justice system. 
        The unfortunate fact is juvenile justice, however, is 
        that the system is usually ruled more by fads than 
        empirical findings. We keep looking for, or thinking 
        that we have found, the ``right'' approach to dealing 
        with juvenile crime. Then, within a few years, we come 
        to realize that we have been seduced by a simplistic 
        answer to a very complicated set of clinical, 
        jurisprudential, and practical problems. To me, the 
        logical approach to this frustrating situation is not 
        to quit asking questions, but simply to ask better 
        ones. By looking at and pursuing sound empirical 
        information, we can move out of this wasteful cycle and 
        greatly increase the chance of making incremental 
        progress toward a more just and effective system.

    The Committee agrees with this view, and stresses the fact 
that evidence based research needs to be conducted on programs 
that are funded under this act, to insure that the practices 
that work are replicated, and those that don't work are 
discarded.
    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 who understand that 
their project is not achieving its goals and reach out for the 
assistance that they need to improve, should be provided such 
assistance. If they do not receive the assistance, the grantee 
should not be penalized by the denial of further grant funds.
    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 Subcommittee on Early Childhood, 
Youth and Families in the 104th Congress, 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 Specialist 
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.

Additional uses of funds under the Prevention Block Grant

    Under the Prevention Block Grant funds can be used, but not 
limited to, programs to prevent animal cruelty by juveniles; 
suicide prevention; mentoring and positive youth development; a 
school violence hotline for students and parents to report 
suspicious, violent or threatening behavior; and character 
education.

Insuring appropriate treatment of delinquent 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 
and implementation 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 that 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 that limit State flexibility. A number of 
witnesses testified in support of State and local flexibility. 
In testimony before the Subcommittee on Early Childhood, Youth 
and Families in 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. 
1900 that 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 to respond 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 
that are more prescriptive than the mandates themselves.
    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 efforts to 
address minority over-representation in the juvenile justice 
system.
    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. 1900 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.
    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.

Prohibition on use of funds

    H.R. 1900 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. With cash 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.
    H.R. 1900 requires that any residential program receiving 
funds under this Act be licensed by the State for any State 
from which it receives out of state placements. This includes 
standards of discipline that prohibit neglect and abuse as 
defined by state law.

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

    The Committee has provided for the research/evaluation and 
statistical functions performed by OJJDP to continue but with 
the provision to encourage rigorous scientificresearch, using 
evidence based reviews of programs. It is the Committee's expectation 
that the Office of Juvenile Justice and Delinquency Prevention will 
work closely with National Institute of Justice (NIJ) and Bureau of 
Justice Statistics (BJS) in setting the research/evaluation and 
statistics agendas, combining OJJDP's unique programmatic expertise 
with the technical skills and resources of NIJ and BJS. The Committee 
expects that OJJDP 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.
    The Committee has added a new area of research that focuses 
on the nexus of juvenile justice and child welfare. Fifty 
percent of juveniles are also known to the child welfare 
systems. Therefore it is important that continued research be 
done to insure that the juveniles for whom these systems are 
responsible are treated appropriately.
    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 that 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 in a hearing before the 
Subcommittee on Early Childhood, Youth and Families in the105th 
Congress that the Director of the Office of Juvenile Justice 
and Delinquency Prevention ``needed to target programs that 
really work.''
    The Committee would also like to highlight the efforts of 
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, Bethesda Family Services as 
especially effective in addressing the needs of juvenile 
delinquency.

The role of faith based initiatives

    Mark Witte of Wedgwood Youth and Family Services spoke in 
favor of the need for faith based organizations in cooperating 
with the juvenile justice system in meeting the needs of 
adjudicated youth. In his testimony on June 6, 2001 before the 
Subcommittee on Select Education he said:

          I am here today, Mr. Chairman, to assure you that 
        there are a host of private and charitably minded 
        faith-based organizations which have been providing 
        quality services under contracts with governmental 
        entities for many years. Faith-based does not mean that 
        quality is of no value. In fact, as you have heard 
        through my prior testimony, our faith perspective is 
        the foundation of our ability to strive for excellence 
        for the people we serve. We have been faith-based for 
        our entire 41 years of existence, and we are delighted 
        to see an increased recognition of the legitimacy of 
        governmental contracts with organizations such as 
        ourselves.

    The Committee believes that many faith-based organizations 
can be partners with the juvenile justice system, and provide 
essential services to youth who might otherwise have no 
alternative support system. More research needs to be done to 
determine the recidivism rates of youth who become part of such 
faith-based organizations.

Grants to otherwise eligible organizations

    H.R. 1900 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 1995 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 
securefacility houses juvenile offenders, whether status or 
delinquent, it shall continue 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 Justice 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 retained the independent Coordinating 
Council on Juvenile Justice and Delinquency Prevention. This is 
an indication that there is a need to coordinate existing 
federal efforts to prevent and control juvenile delinquency.
    The Committee believes that 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. 
The Committee encourages the collaboration and coordination of 
community services for juveniles.

Data collection

    H.R. 1900 requires the collection of data on the frequency, 
seriousness, and incidence of drug use by youth, the frequency, 
degree of harm, and morbidity of violent incidents, 
particularly firearm-related injuries and fatalities. H.R. 1900 
clarifies that this data collection does not permit the 
development of a national database of personally identifiable 
information, and that data on the type of weapons used in 
incidents should be gathered using the classification system in 
the Uniform Crime Reports of the Federal Bureau of 
Investigation.

Mental health services

    The Committee understands the mental health needs of 
juveniles, and directs the Administrator to develop model 
mental health standards that could be used on a voluntary 
basis. There is a provision for the development of a ``plan for 
providing needed mental health services to juveniles in the 
juvenile justice system, including information on how such plan 
is being implemented and how such services will be targeted to 
those juveniles who are in greatest need of services.'' 
Throughout H.R. 1900, there is a recognition that mental health 
services to delinquent juveniles is an important part of the 
effort to assist them in becoming productive members of 
society.

Content of materials

    The Committee has added a provision to H.R. 1900 that any 
material produced for distribution by the OJJDP does not 
denigrate deeply held religious beliefs, while at the same time 
recognizing that juveniles who commit crimes that result in 
physical violence must be appropriately punished. The provision 
clearly states that ``materials produced, procured, or 
distributed both using funds appropriated to carry out this Act 
and for the purpose of preventing hate crimes that result in 
acts of physical violence, shall not require any action that 
abridges or infringes upon the constitutionally protected 
rights of free speech, religion, or equal protection of 
juveniles or of their parents or legal guardians.'' Juveniles, 
who commit crimes against others, whatever their motivation, 
should be held accountable. The Committee also believes that 
prevention of juvenile crime should be a top priority for all 
citizens.

Juveniles in foster care

    The Committee also recognized the need to protect juveniles 
who are already part of the foster care system and are 
adjudicated delinquent. H.R. 1900 requires the state to provide 
assurances that juvenile offenders whose placement is funded 
through section 472 of the Social Security Act receive the 
protections specified in that Act. Those protections include a 
plan on how the juveniles are to be provided for under the 
foster care system once they have completed their 
responsibilities in the juvenile justice system. The Committee 
believes that appropriate coordination between the foster care 
system and the courts is in the best interests of the juvenile.
    The Committee believes that it has addressed many of the 
concerns that have been noted by those who have testified 
before Congress, and the suggestions that have been made by 
Members during the years that the Juvenile Justice bill has 
been under consideration. Strengthening the Juvenile Justice 
System is an important part of maintaining the ``general 
welfare'' in America.

                      Section-by-Section Analysis

    Section 1. Short Title; Table of Contents. Cities the short 
title as ``Juvenile Justice and Delinquency Prevention Act of 
2001'' and provides a table of contents.
    Section 2. Findings. Amends Section 101 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5601). Sets forth the findings of Congress.
    Section 3. Purpose. Amends Section 102 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5602). Sets forth the purpose of Title I and Title II.
    Section 4. Definitions. Amends Section 103 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5603). Modifies and adds to the definitions under the act.
    Section 5. Concentration of Federal Effort. Amends Section 
204 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5614). Revises the duties of the administrator.
    Section 6. Coordinating Council on Juvenile Justice and 
Delinquency Prevention. Makes a technical change.
    Section 7. Annual Report. Amends Section 207 of Juvenile 
Justice and Delinquency Prevention of 1974 (42 U.S.C. 5617). 
Requires an evaluation of the effectiveness of programs funded 
in the title.
    Section 8. Allocation. Amends Section 222 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5632). Makes technical changes.
    Section 9. State Plans. Amends Section 223 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5633). 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 10. Juvenile Delinquency Block Grant Program. 
Amends Title II of Juvenile Justice Delinquency Prevention Act 
of 1974 (42 U.S.C. 5611 et seq.) 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). Creates a new Part C that 
establishes the Juvenile Delinquency Prevention Block Grant and 
sets forth the allocation of funds, state plan requirements and 
criteria and eligibility for grants for local projects.
    Section 11. Research; Evaluation; Technical Assistance; 
Training. Amends Title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
Creates a new Part D that authorizes research, training, 
technical assistance and information dissemination regarding 
juvenile justice matters through the Office of Juvenile Crime 
Control and Delinquency Prevention.
    Section 12. Demonstration Projects. Amends Title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611 et seq.) Creates a new Part E that 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 13. Authorization of Appropriations. Amends Section 
299 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5671). Authorizes such sums as may be 
appropriate to carry out Title II of this act.
    Section 14. Administrative Authority. Amends Section 299A 
of the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5672). Modifies the section of current law outlining 
the administrator's authority to establish rules, regulations, 
and procedures.
    Section 15. Use of Funds. Amends Section 299C of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5674). Makes technical amendments.
    Section 16. Limitation on Use of Funds. Amends Title II, 
Part F of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671 et seq.) as amended. 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 crime.
    Section 17. Rules of Construction. Amends Title II, Part F 
of the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5671 et seq.) as amended and redesignated. Adds a 
new section to Title II of current law to clarify that nothing 
in Titles I or II 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 18. Leasing Surplus Federal Property. Amends Title 
II, Part F of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5671 et seq.) as amended and 
redesignated. Permits the administrator to receive surplus 
federal property and lease it to eligible entities for use in 
juvenile facilities or for delinquency prevention and treatment 
activities
    Section 19. Issuance of Rules. Amends Title II, Part F of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5671 et seq.) as amended and redesignated. Allows the 
administrator to issue rules to carry out the title
    Section 20. Content of Materials. Amends Title II, Part F 
of the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5671 et seq.) as amended and redesignated. Adds a 
new section requiring that materials funded by this act for the 
purpose of hate crimes prevention shall not abridge or infringe 
upon the constitutionally protected rights of free speech, 
religion, and equal protection of juveniles or their parents or 
legal guardians as redesignated and amended.
    Section 21. Technical and Conforming Amendments. Amends the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) as amended. Sets forth technical and 
conforming changes.
    Section 22. Effective Date; Application of Amendments. Sets 
forth the effective date of the act and states that amendments 
made by the act shall apply to fiscal years beginning after 
September 30, 2001.

                       Explanation of Amendments

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

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 1900 authorizes programs under the Juvenile 
Justice and Delinquency Prevention Act. The bill does not 
prevent legislative branch employees from receiving services 
and protections provided under this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 1900 authorizes discretionary spending programs 
under the Juvenile Justice and Delinquency Prevention Act. As 
such, the bill does not contain any unfunded mandates.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.


  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII 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.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 1900 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 4, 2001.
Hon. John A. Boehner,
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. 1900, the Juvenile 
Crime Control and Delinquency Prevention Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for federal costs), and Shelley Finlayson (for the 
state and local impact).
            Sincerely,
                                          Berry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1900--Juvenile Crime Control and Delinquency Prevention Act of 
        2001

    Summary: H.R. 1900 would authorize the appropriation of 
such sums as necessary for each of fiscal years 2002 through 
2006 for programs aimed at preventing juvenile delinquency. 
Assuming appropriation of the necessary funds, CBO estimates 
that implementing H.R. 1900 would cost about $900 million over 
the 2002-2006 period of funding is provided at the 2001 level 
adjusted for inflation. We estimate that the cost to implement 
the bill would be about $50 million less over this period if 
funding is maintained at the 2001 level without adjustments for 
inflation. This legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    H.R. 1900 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Enactment of this legislation would benefit state, local, and 
tribal governments because it would consolidate several 
juvenile justice grant programs into the Juvenile Delinquency 
Prevention Block Grant program. Further, the bill would revise 
state formula grant requirements, adding some new conditions 
while easing some existing conditions. Any costs incurred by 
these governments would be the result of complying with grant 
conditions and would be voluntary.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that the necessary funds would be 
appropriated by the start of each fiscal year and that outlays 
would follow the historical rates for the authorized 
activities. CBO estimated spending under two different sets of 
assumptions, representing continued funding for these programs 
at the current level of appropriations with and without an 
adjustment for anticipated inflation. Our estimate of the 
amounts necessary under H.R. 1900 are based on the 2001 
appropriations for programs that would be authorized by the 
bill, a total of $269 million. The costs of this legislation 
fall within budget function 750 (administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2001    2002    2003    2004    2005    2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                          With Adjustment For Inflation

Spending Under Current Law:
    Budget Authority \1\........................................     269       0       0       0       0       0
    Estimated Outlays...........................................     190     184     126      94       0       0
Proposed Changes:
    Estimated Authorization Level...............................       0     276     283     290     297     304
    Estimated Outlays...........................................       0      33     111     183     284     291
Spending Under H.R. 1900:
    Estimated Authorization Level \1\...........................     269     276     283     290     297     304
    Estimated Outlays...........................................     190     217     237     277     284     291

                                        Without Adjustment For Inflation

Spending Under Current Law:
    Budget Authority \1\........................................     269       0       0       0       0       0
    Estimated Outlays...........................................     190     184     126      94       0       0
Proposed Changes:
    Estimated Authorization Level...............................       0     269     269     269     269     269
    Estimated Outlays...........................................       0      32     108     175     269     269
Spending Under H.R. 1900:
    Estimated Authorization Level \1\...........................     269     269     269     269     269     269
    Estimated Outlays...........................................     190     216     234     269     269     269
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated to the Department of Justice for that year for the juvenile
  delinquency prevention programs that would be authorized by H.R. 1900.

    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 1900 contains no intergovernmental mandates as defined in 
UMRA and would benefit state, local, and tribal governments. 
The bill would consolidate several juvenile justice grant 
programs into the Juvenile Delinquency Prevention Block Grant 
program, thus giving state, local, and tribal governments more 
flexibility in using these funds to control juvenile crime and 
delinquency.
    In some cases, additional conditions would be placed on the 
use of grant funds, but overall, state, local, and tribal 
governments would benefit from continued funding, the extension 
of existing grant programs, and in many cases a greater degree 
of flexibility in administering programs. Any costs incurred be 
these governments would be the result of complying with grant 
conditions and would be voluntary.
    Estimated impact on the private sector: H.R. 1900 contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Mark Grabowicz. Impact 
on State, Local, and Tribal Governments: Shelley Finalyson. 
Impact on the Private Sector: Paige Pipe/Bach.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    In accordance with Clause (3)(c) of House Rule XIII, the 
goals of H.R. 1900 are (1) 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 and (2) to provide 
technical assistance, research and dissemination of information 
on effective programs for combating juvenile crime to State and 
local governments. The Committee expects the Department of 
Justice to comply with H.R. 1900 and implement the changes to 
the law in accordance with these stated goals.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 1900. The 
Committee believes that the amendments, made by this bill to 
the Juvenile Justice and Delinquency Prevention Act, are within 
Congress' authority under Article I, section 8, clause 1 of the 
Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1900. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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) to develop and implement effective methods of 
preventing and reducing juvenile delinquency, including methods 
with a special focus on preserving and strengthening families 
so that juveniles may be retained in their homes; (2) to 
develop and conduct effective programs to prevent delinquency, 
to divert juveniles from the traditional juvenile justice 
system and to provide critically needed alternatives to 
institutionalization; (3) to improve the quality of juvenile 
justice in the United States; (4) to increase the capacity of 
State and local governments and public and private agencies to 
conduct effective juvenile justice and delinquency prevention 
and rehabilitation programs and to provide research, 
evaluation, and training services in the field of juvenile 
delinquency prevention; (5) to encourage parental involvement 
in treatment and alternative disposition programs; and (6) to 
provide for coordination of services between State, local, and 
community-based agencies and to promote interagency cooperation 
in providing such services.]


                                findings


  Sec. 101. (a) The Congress finds the following:
          (1) Although the juvenile violent crime arrest rate 
        in 1999 was the lowest in the decade, there remains a 
        consensus that the number of crimes and the rate of 
        offending by juveniles nationwide is still too high.
          (2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, allowing 1 youth to leave 
        school for a life of crime and of drug abuse costs 
        society $1,700,000 to $2,300,000 annually.
          (3) One in every 6 individuals (16.2 percent) 
        arrested for committing violent crime in 1999 was less 
        than 18 years of age. In 1999, juveniles accounted for 
        9 percent of murder arrests, 17 percent of forcible 
        rape arrests, 25 percent of robbery arrest, 14 percent 
        of aggravated assault arrests, and 24 percent of 
        weapons arrests.
          (4) More than \1/2\ of juvenile murder victims are 
        killed with firearms. Of the nearly 1,800 murder 
        victims less than 18 years of age, 17 percent of the 
        victims less than 13 years of age were murdered with a 
        firearm, and 81 percent of the victims 13 years of age 
        or older were killed with a firearm.
          (5) Juveniles accounted for 13 percent of all drug 
        abuse violation arrests in 1999. Between 1990 and 1999, 
        juvenile arrests for drug abuse violations rose 132 
        percent.
          (6) Over the last 3 decades, youth gang problems have 
        increased nationwide. In the 1970's, 19 States reported 
        youth gang problems. By the late 1990's, all 50 States 
        and the District of Columbia reported gang problems. 
        For the same period, the number of cities reporting 
        youth gang problems grew 843 percent, and the number of 
        counties reporting gang problems increased more than 
        1,000 percent.
          (7) According to a national crime survey of 
        individuals 12 years of age or older during 1999, those 
        12 to 19 years old are victims of violent crime at 
        higher rates than individuals in all other age groups. 
        Only 30.8 percent of these violent victimizations were 
        reported by youth to police in 1999.
          (8) One-fifth of juveniles 16 years of age who had 
        been arrested were first arrested before attaining 12 
        years of age. Juveniles who are known to the juvenile 
        justice system before attaining 13 years of age are 
        responsible for a disproportionate share of serious 
        crimes and violence.
          (9) The increase in the arrest rates for girls and 
        young juvenile offenders has changed the composition of 
        violent offenders entering the juvenile justice system.
          (10) These problems 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 and in developing 
                the competencies necessary to become 
                responsible and productive members of their 
                communities, 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.
          (11) Coordinated juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter can help prevent juveniles 
        from becoming delinquent and help delinquent youth 
        return to a productive life.
  (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 and 
which provide opportunities for competency development. Without 
true reform, the juvenile 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 18 percent 
between 2000 and 2030.


                                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. 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;

           *       *       *       *       *       *       *

          (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);]

           *       *       *       *       *       *       *

          (22) the term ``jail or lockup for adults'' means a 
        locked facility that is used by a State, unit of local 
        government, or any law enforcement authority to detain 
        or confine adults--
                  [(i)] (A) pending the filing of a charge of 
                violating a criminal law;
                  [(ii)] (B) awaiting trial on a criminal 
                charge; or
                  [(iii)] (C) convicted of violating a criminal 
                law; [and]
          (23) 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[.];
          (24) the term ``graduated sanctions'' means an 
        accountability-based, graduated series of sanctions 
        (including incentives, treatment, 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 ``prohibited physical contact'' means--
                          (i) any physical contact between a 
                        juvenile and an adult inmate; and
                          (ii) proximity that provides an 
                        opportunity for physical contact 
                        between a juvenile and an adult inmate;
          (26) the term ``sustained oral and visual contact'' 
        means the imparting or interchange of speech by or 
        between an adult inmate and a juvenile, or clear visual 
        contact between an adult inmate and a juvenile in close 
        proximity, but does not include--
                  (A) brief communication or brief visual 
                contact that is accidental or incidental; or
                  (B) sounds or noises that cannot reasonably 
                be considered to be speech;
          (27) the term ``adult inmate'' means an individual 
        who--
                          (A) has reached the age of full 
                        criminal responsibility under 
                        applicable State law; and
                          (B) has been arrested and is in 
                        custody for or awaiting trial on a 
                        criminal charge, or is convicted of a 
                        criminal offense;
          (28) 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;
          (29) the term ``collocated facilities'' means 
        facilities that are located in the same building, or 
        are part of a related complex of buildings located on 
        the same grounds; and
          (30) 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

           *       *       *       *       *       *       *


         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)  * * *
    (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] parts D and E in such fiscal 
        year, specifying in detail those activities designed to 
        satisfy the requirements of [parts C and D] parts D and 
        E; 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] parts D and E in such fiscal year, specifying in 
        detail those activities designed to satisfy the 
        requirements of [parts C and D] parts D and E;

           *       *       *       *       *       *       *

          [(7) not later than 1 year after the date of the 
        enactment of this paragraph, issue model standards for 
        providing health care to incarcerated juveniles.]
          (7) not later than 1 year after the date of the 
        enactment of this paragraph, issue model standards for 
        providing mental 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)  * * *

           *       *       *       *       *       *       *

    (c)(1)  * * *
  (2) In addition to performing their functions as members of 
the Council, the members appointed under subsection (a)(2) 
shall collectively--
          (A)  * * *
          (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] Education and 
        the Workforce of the House of Representatives, and the 
        Chairman of the Committee on the Judiciary of the 
        Senate.

           *       *       *       *       *       *       *


                             annual report

    Sec. 207. 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)  * * *

           *       *       *       *       *       *       *

          [(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)  * * *
    (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] 2000, except that the 
amount allocated to the Virgin Islands of the United States, 
Guam, American Samoa, [the Trust Territory of the Pacific 
Islands,] and the Commonwealth of the Northern Mariana Islands 
shall be not less than $75,000, or such greater [amount, up to 
$100,000,] amount up to $100,000 as is available to be 
allocated without reducing the amount of any State or 
territory's allocation below the amount allocated for fiscal 
year [1992] 2000, 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] $600,000, [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] 2000, 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] 2000, 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] 2000.
    (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, 
                                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

           *       *       *       *       *       *       *

                          [(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;]

           *       *       *       *       *       *       *

                  (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 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 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;]
          (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, including information on how 
                such plan is being implemented and how such 
                services will be targeted to those juveniles in 
                such system who are in greatest need of such 
                services;
          [(C) contain--
                  [(i) an analysis of services for the 
                prevention and treatment of juvenile 
                delinquency in rural areas, including the need 
                for such services, the types of such services 
                available in rural areas, and geographically 
                unique barriers to providing such services; and
                  [(ii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; and
          [(D) contain--
                  [(i) an analysis of mental health services 
                available to juveniles in the juvenile justice 
                system (including an assessment of the 
                appropriateness of the particular placements of 
                juveniles in order to receive such services) 
                and of barriers to access to such services; and
                  [(ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;]
          [(9) provide for the active consultation with and 
        participation of private agencies in the development 
        and execution of the State plan; and provide for 
        coordination and maximum utilization of existing 
        juvenile delinquency programs and other related 
        programs, such as education, special education, 
        recreation, health, and welfare within the State;]
          (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 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;

           *       *       *       *       *       *       *

                  [(D) projects designed to develop and 
                implement programs stressing advocacy 
                activities aimed at improving services for and 
                protecting the rights of youth affected by the 
                juvenile justice system;]
                  (D) programs that provide treatment to 
                juvenile offenders who are victims of child 
                abuse or neglect, and to their families, in 
                order to reduce the likelihood that such 
                juvenile offenders will commit subsequent 
                violations of law;
                  (E) educational programs or supportive 
                services for delinquent or other [juveniles, 
                provided equitably regardless of sex, race, or 
                family income, designed to--
                          [(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, 
                        including--
                                  [(I) education in settings 
                                that promote experiential, 
                                individualized learning and 
                                exploration of academic and 
                                career options;
                                  [(II) assistance in making 
                                the transition to the world of 
                                work and self-sufficiency;
                                  [(III) alternatives to 
                                suspension and expulsion; and
                                  [(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the 
                                opportunities that education 
                                provides; and]
                juveniles--
                          (i) to encourage juveniles to remain 
                        in elementary and secondary schools or 
                        in alternative learning situations;
                          (ii) to provide services to assist 
                        juveniles in making the transition to 
                        the world of work and self-sufficiency; 
                        and
                          [(ii)] (iii) enhance coordination 
                        with the local schools that such 
                        juveniles would otherwise attend, to 
                        ensure that--
                                  (I)  * * *

           *       *       *       *       *       *       *

                  [(F) expanded use of home probation and 
                recruitment and training of home probation 
                officers, other professional and 
                paraprofessional personnel, and volunteers to 
                work effectively to allow youth to remain at 
                home with their families as an alternative to 
                incarceration or institutionalization;
                  [(G) youth-initiated outreach programs 
                designed to assist youth (including youth with 
                limited proficiency in English) who otherwise 
                would not be reached by traditional youth 
                assistance programs;]
                  (F) 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, Department 
                of Defense personnel, 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)] (K) programs for positive youth 
                development that assist delinquent and other 
                at-risk youth in obtaining--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iv) a sense of independence and 
                        control over one's life; and
                          (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)] (L) 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

           *       *       *       *       *       *       *

                  [(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]
                  (M) 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;
                  [(O)] (N) programs (including referral to 
                literacy programs and social service programs) 
                to assist families with limited English-
                speaking ability that include delinquent 
                juveniles to overcome language and [cultural] 
                other barriers that may prevent the complete 
                treatment of such juveniles and the 
                preservation of their families[.];
                  (O) programs designed to prevent and to 
                reduce hate crimes committed by juveniles;
                  (P) after-school programs that provide at-
                risk juveniles and juveniles in the juvenile 
                justice system with a range of age-appropriate 
                activities, including tutoring, mentoring, and 
                other educational and enrichment activities;
                  (Q) community-based programs that provide 
                follow-up post-placement services to 
                adjudicated juveniles, to promote successful 
                reintegration into the community;
                  (R) projects designed to develop and 
                implement programs to protect the rights of 
                juveniles affected by the juvenile justice 
                system; and
                  (S) programs designed to provide mental 
                health services for incarcerated juveniles 
                suspected to be in need of such services, 
                including assessment, development of 
                individualized treatment plans, and discharge 
                plans.
          [(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 
        (except in the case of Alaska where such time limit may 
        be forty-eight hours in fiscal years 2000 through 2002) 
        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 or juveniles within the purview of 
                paragraph (11) will not be detained or confined 
                in any institution in which they have 
                prohibited physical contact or sustained oral 
                and visual contact with adult inmates; and
                  (B) there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and such adult inmates, 
                including in collocated facilities, have been 
                trained and certified to work with juveniles;
          (13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                  (A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or 
                lockup for a period not to exceed 6 hours--
                          (i) for processing or release;
                          (ii) while awaiting transfer to a 
                        juvenile facility; or
                          (iii) in which period such juveniles 
                        make a court appearance;
                and only if such juveniles do not have 
                prohibited physical contact or sustained oral 
                and visual contact with adults inmates and only 
                if there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and adult inmates in collocated 
                facilities have been trained and certified to 
                work with juveniles;
                  (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 in a jail or lockup--
                          (i) in which--
                                  (I) such juveniles do not 
                                have prohibited physical 
                                contact or sustained oral and 
                                visual contact with adults 
                                inmates; and
                                  (II) there is in effect in 
                                the State a policy that 
                                requires individuals who work 
                                with both such juveniles and 
                                adults inmates in collocated 
                                facilities have been trained 
                                and certified to work with 
                                juveniles; and
                          (ii) that--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget) and has 
                                no existing acceptable 
                                alternative placement 
                                available;
                                  (II) is located where 
                                conditions of distance to be 
                                traveled or the lack of 
                                highway, road, or 
                                transportation do not allow for 
                                court appearances within 48 
                                hours (excluding Saturdays, 
                                Sundays, and legal holidays) so 
                                that a brief (not to exceed an 
                                additional 48 hours) delay is 
                                excusable; or
                                  (III) is located where 
                                conditions of safety exist 
                                (such as severe adverse, life-
                                threatening weather conditions 
                                that do not allow for 
                                reasonably safe travel), in 
                                which case the time for an 
                                appearance may be delayed until 
                                24 hours after the time that 
                                such conditions allow for 
                                reasonable safe travel;
                  (C) juveniles who are accused of nonstatus 
                offenses and who are detained not to exceed 20 
                days 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, in consultation with the 
                        counsel representing the juvenile, 
                        consents to detaining such juvenile in 
                        accordance with this subparagraph and 
                        has the right to revoke such consent at 
                        any time;
                          (iii) the juvenile has counsel, and 
                        the counsel representing such 
                        juvenile--
                                  (I) consults with the parents 
                                of the juvenile to determine 
                                the appropriate placement of 
                                the juvenile; and
                                  (II) has an opportunity to 
                                present the juvenile's position 
                                regarding the detention 
                                involved to the court before 
                                the court approves such 
                                detention;
                          (iv) the court hears from the 
                        juvenile before court approval of such 
                        placement; and
                          (v) detaining such juvenile in 
                        accordance with this subparagraph is--
                                  (I) approved in advance by a 
                                court with competent 
                                jurisdiction that has 
                                determined that such placement 
                                is in the best interest of such 
                                juvenile; and
                                  (II) required to be reviewed 
                                periodically and in the 
                                presence of the juvenile, at 
                                intervals of not more than 5 
                                days (excluding Saturdays, 
                                Sundays, and legal holidays), 
                                by such court for the duration 
                                of detention;
          [(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) 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]
          (21) provide that the State agency designated under 
        paragraph (1) will--
                  (A) to the extent practicable give priority 
                in funding to programs and activities that are 
                based on rigorous, systematic, and objective 
                research that is scientifically based;
                  (B) from time to time, but not less than 
                annually, review its plan and submit to the 
                Administrator an analysis and evaluation of the 
                effectiveness of the programs and activities 
                carried out under the plan, and any 
                modifications in the plan, including the survey 
                of State and local needs, that it considers 
                necessary; and
                  (C) not expend funds to carry out a program 
                if the recipient of funds who carried out such 
                program during the preceding 2-year period 
                fails to demonstrate, before the expiration of 
                such 2-year period, that such program achieved 
                substantial success in achieving the goals 
                specified in the application submitted by such 
                recipient to the State agency;
          (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] 
        2000, 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;
          (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;
          (27) establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        and implementing treatment plans for juvenile 
        offenders; and
          (28) provide assurances that juvenile offenders whose 
        placement is funded through section 472 of the Social 
        Security Act (42 U.S.C. 672) receive the protections 
        specified in section 471 of such Act (42 U.S.C. 671), 
        including a case plan and case plan review as defined 
        in section 475 of such Act (42 U.S.C. 675).

           *       *       *       *       *       *       *

  [(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, 
2001, then--
          (1) subject to paragraph (2), the amount allocated to 
        such State under section 222 for the subsequent fiscal 
        year shall be reduced by not less than 12.5 percent for 
        each such paragraph with respect to which the failure 
        occurs, and
          (2) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year 
        unless--
                  (A) the State agrees to expend 50 percent of 
                the amount allocated to the State for such 
                fiscal year to achieve compliance with any such 
                paragraph with respect to which the State is in 
                noncompliance; or
                  (B) the Administrator determines that the 
                State--
                          (i) has achieved substantial 
                        compliance with such applicable 
                        requirements 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 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).
    (e) Notwithstanding any other provision of law, the 
Administrator shall establish appropriate administrative and 
supervisory board membership requirements for a State agency 
designated under subsection (a)(1) and permit the State 
advisory group appointed under subsection (a)(3) to operate as 
the supervisory board for such agency, at the discretion of the 
chief executive officer of the State.

                       [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 local government to adopt 
        the model standards issued under section 204(b)(7).

                   [establishment of training program

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

                    [curriculum for training program

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

[participation in training program and state advisory group conferences

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

                      [special studies and reports

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

    [Subpart II--Special Emphasis Prevention and Treatment Programs

                [authority to make grants and contracts

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

              [considerations for approval of applications

    [Sec. 262. (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 
        services to juveniles engaged in gang-related 
        activities and the cooperation of local law enforcement 
        agencies, the development of policies and activities in 
        public elementary and secondary schools which will 
        assist such schools in maintaining a safe environment 
        conducive to learning.
          [(7) To assist juveniles who are or may become 
        members of gangs to obtain appropriate educational 
        instruction, in or outside a regular school program, 
        including the provision of counseling and other 
        services to promote and support the continued 
        participation of such juveniles in such instructional 
        programs.
          [(8) To expand the availability of prevention and 
        treatment services relating to the illegal use of 
        controlled substances and controlled substances 
        analogues (as defined in paragraphs (6) and (32) of 
        section 102 of the Controlled Substances Act (21 U.S.C. 
        802) by juveniles, provided through State and local 
        health and social services agencies.
          [(9) To provide services to prevent juveniles from 
        coming into contact with the juvenile justice system 
        again as a result of gang-related activity.
          [(10) To provide services authorized in this section 
        at a special location in a school or housing project.
          [(11) To support activities to inform juveniles of 
        the availability of treatment and services for which 
        financial assistance is available under this subpart.
  [(b) From not more than 15 percent of the amount appropriated 
to carry out this part in each fiscal year, the Administrator 
may make grants to and enter into contracts with public 
agencies and private nonprofit agencies, organizations, and 
institutions--
          [(1) to conduct research on issues related to 
        juvenile gangs;
          [(2) to evaluate the effectiveness of programs and 
        activities funded under subsection (a); and
          [(3) to increase the knowledge of the public 
        (including public and private agencies that operate or 
        desire to operate gang prevention and intervention 
        programs) by disseminating information on research and 
        on effective programs and activities funded under this 
        subpart.

                       [approval of applications

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

             [Subpart II--Community-Based Gang Intervention

  [Sec. 282. (a) The Administrator shall make grants to or 
enter into contracts with public and private nonprofit 
agencies, organizations, and institutions to carry out programs 
and activities--
          [(1) to reduce the participation of juveniles in the 
        illegal activities of gangs;
          [(2) to develop regional task forces involving State, 
        local, and community-based organizations to coordinate 
        enforcement, intervention, and treatment efforts for 
        juvenile gang members and to curtail interstate 
        activities of gangs; and
          [(3) to facilitate coordination and cooperation 
        among--
                  [(A) local education, juvenile justice, 
                employment, and social service agencies; and
                  [(B) community-based programs with a proven 
                record of effectively providing intervention 
                services to juvenile gang members for the 
                purpose of reducing the participation of 
                juveniles in illegal gang activities; and
          [(4) to support programs that, in recognition of 
        varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(A) encourage courts to develop and 
                implement a continuum of post-adjudication 
                restraints that bridge the gap between 
                traditional probation and confinement in a 
                correctional setting (including expanded use of 
                probation, mediation, restitution, community 
                service, treatment, home detention, intensive 
                supervision, electronic monitoring, boot camps 
                and similar programs, and secure community-
                based treatment facilities linked to other 
                support services such as health, mental health, 
                education (remedial and special), job training, 
                and recreation); and
                  [(B) assist in the provision by the provision 
                by the Administrator of information and 
                technical assistance, including technology 
                transfer, to States in the design and 
                utilization of risk assessment mechanisms to 
                aid juvenile justice personnel in determining 
                appropriate sanctions for delinquent behavior.
  [(b) Programs and activities for which grants and contracts 
are to be made under subsection (a) may include--
          [(1) developing within the juvenile adjudicatory and 
        correctional systems new and innovative means to 
        address the problems of juveniles convicted of serious 
        drug-related and gang-related offenses;
          [(2) providing treatment to juveniles who are members 
        of such gangs, including members who are accused of 
        committing a serious crime and members who have been 
        adjudicated as being delinquent;
          [(3) promoting the involvement of juveniles in lawful 
        activities in geographical areas in which gangs commit 
        crimes;
          [(4) expanding the availability of prevention and 
        treatment services relating to the illegal use of 
        controlled substances and controlled substances 
        analogues (as defined in paragraphs (6) and (32) of 
        section 102 of the Controlled Substances Act (21 U.S.C. 
        802) by juveniles, provided through State and local 
        health and social services agencies;
          [(5) providing services to prevent juveniles from 
        coming into contact with the juvenile justice system 
        again as a result of gang-related activity; or
          [(6) supporting activities to inform juveniles of the 
        availability of treatment and services for which 
        financial assistance is available under this subpart.

                       [approval of applications

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

                    [Subpart III--General Provisions

                              [definition

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

                  [Part E--State Challenge Activities

                       [ESTABLISHMENT OF PROGRAM

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

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

                              [DEFINITION

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

                       [AUTHORITY TO MAKE GRANTS

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

                      [ADMINISTRATIVE REQUIREMENTS

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

                               [PRIORITY

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

                           [Part G--Mentoring

                               [PURPOSES

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

                              [DEFINITIONS

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

                                [GRANTS

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

                      [REGULATIONS AND GUIDELINES

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

                             [USE OF GRANTS

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

                               [PRIORITY

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

                             [APPLICATIONS

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

                             [GRANT CYCLES

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

                                [REPORTS

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

                          [Part H--Boot Camps

                       [ESTABLISHMENT OF PROGRAM

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

                               [CAPACITY

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

                       [ELIGIBILITY AND PLACEMENT

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

                       [POST-RELEASE SUPERVISION

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

          [Part I--White House Conference on Juvenile Justice

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

                        [CONFERENCE PARTICIPANTS

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

                      [STAFF AND EXECUTIVE BRANCH

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

               [PLANNING AND ADMINISTRATION OF CONFERENCE

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

                                [REPORTS

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

                               [OVERSIGHT

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

      PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

SEC. 241. AUTHORITY TO MAKE GRANTS.

  (a) Grants to Eligible States.--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 provide treatment (including 
        treatment for mental health problems) to juvenile 
        offenders, and juveniles who are at risk of becoming 
        juvenile offenders, who are victims of child abuse or 
        neglect or who have experienced violence in their 
        homes, at school, or in the community, and to their 
        families, in order to reduce the likelihood that such 
        juveniles will commit violations of law;
          (2) 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 juveniles with disabilities;
                  (G) which develop locally coordinated 
                policies and programs among education, juvenile 
                justice, and social service agencies; or
                  (H) to provide services to juveniles with 
                serious mental and emotional disturbances (SED) 
                in need of mental health services;
          (3) 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;
          (4) 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;
          (5) community-based projects and services (including 
        literacy and social service programs) which work with 
        juvenile offenders and juveniles who are at risk of 
        becoming 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;
          (6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for 
        dependence on or abuse of alcohol, drugs, or other 
        harmful substances;
          (7) 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;
          (8) 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 
                (including mental health services) to prevent 
                such juvenile from committing subsequent 
                offenses;
          (9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the 
        rate of, the participation of juveniles in gangs that 
        commit crimes (particularly violent crimes), that 
        unlawfully use firearms and other weapons, or that 
        unlawfully traffic in drugs and that involve, to the 
        extent practicable, families and other community 
        members (including law enforcement personnel and 
        members of the business community) in the activities 
        conducted under such projects;
          (10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter, including schools, courts, 
        law enforcement agencies, child protection agencies, 
        mental health agencies, welfare services, health care 
        agencies (including collaboration on appropriate 
        prenatal care for pregnant juvenile offenders), private 
        nonprofit agencies, and public recreation agencies 
        offering services to juveniles;
          (11) to develop, implement, and support, in 
        conjunction with public and private agencies, 
        organizations, and businesses, projects for the 
        employment of juveniles and referral to job training 
        programs (including referral to Federal job training 
        programs);
          (12) delinquency prevention activities 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;
          (13) to establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        treatment plans for juvenile offenders;
          (14) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
          (15) programs that focus on the needs of young girls 
        at-risk of delinquency or status offenses;
          (16) projects which provide for--
                  (A) an assessment by a qualified mental 
                health professional of incarcerated juveniles 
                who are suspected to be in need of mental 
                health services;
                  (B) the development of an individualized 
                treatment plan for those incarcerated juveniles 
                determined to be in need of such services;
                  (C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health 
                services that addresses aftercare services; and
                  (D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed 
                mental health professional;
          (17) after-school programs that provide at-risk 
        juveniles and juveniles in the juvenile justice system 
        with a range of age-appropriate activities, including 
        tutoring, mentoring, and other educational and 
        enrichment activities;
          (18) programs related to the establishment and 
        maintenance of a school violence hotline, based on a 
        public-private partnership, that students and parents 
        can use to report suspicious, violent, or threatening 
        behavior to local school and law enforcement 
        authorities;
          (19) programs (excluding programs to purchase guns 
        from juveniles) designed to reduce the unlawful 
        acquisition and illegal use of guns by juveniles, 
        including partnerships between law enforcement 
        agencies, health professionals, school officials, 
        firearms manufacturers, consumer groups, faith-based 
        groups and community organizations;
          (20) programs designed to prevent animal cruelty by 
        juveniles and to counsel juveniles who commit animal 
        cruelty offenses, including partnerships among law 
        enforcement agencies, animal control officers, social 
        services agencies, and school officials;
          (21) programs that provide suicide prevention 
        services for incarcerated juveniles and for juveniles 
        leaving the incarceration system;
          (22) programs to establish partnerships between State 
        educational agencies and local educational agencies for 
        the design and implementation of character education 
        and training programs that reflect the values of 
        parents, teachers, and local communities, and 
        incorporate elements of good character, including 
        honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness;
          (23) programs that foster strong character 
        development in at-risk juveniles and juveniles in the 
        juvenile justice system;
          (24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment 
        (including evaluation and treatment during a mandatory 
        holding period for not less than 24 hours) for 
        juveniles who bring a gun on school grounds without 
        permission from appropriate school authorities; and
          (25) other activities that are likely to prevent 
        juvenile delinquency.
  (b) Grants to Eligible Indian Tribes.--The Administrator may 
make grants to eligible Indian tribes from funds allocated 
under section 242(b), to carry out projects of the kinds 
described in subsection (a).

SEC. 242. ALLOCATION.

  (a) Allocation Among Eligible States.--Subject to subsection 
(b), funds appropriated to carry out this part shall be 
allocated among eligible States proportionately based on the 
population that is less than 18 years of age in the eligible 
States.
  (b) Allocation Among Indian Tribes Collectively.--Before 
allocating funds under subsection (a) among eligible States, 
the Administrator shall allocate among eligible Indian tribes 
as determined under section 246(a), an aggregate amount equal 
to the amount such tribes would be allocated under subsection 
(a), and without regard to this subsection, if such tribes were 
treated collectively as an eligible State.

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 supplement, 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 the State 
        advisory group, 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 the State advisory group will 
        be afforded the opportunity to review and comment on 
        all grant applications submitted to the State agency.
          (5) An assurance that each eligible entity described 
        in section 244 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.
          (6) 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 a 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) Grants by States.--Using a grant received under section 
241, a State may make grants to eligible entities whose 
applications are received by the State, and reviewed by the 
State advisory group, to carry out projects and activities 
described in section 241.
  (b) Special Consideration.--For purposes of making grants 
under subsection (a), the State shall give special 
consideration to eligible entities that--
          (1) propose to carry out such projects in 
        geographical areas in which there is--
                  (A) a disproportionately high level of 
                serious crime committed by juveniles; or
                  (B) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
          (2)(A) agreed to carry out such projects or 
        activities that are multidisciplinary and involve more 
        than 2 private nonprofit agencies, organizations, and 
        institutions that have experience dealing with 
        juveniles; or
          (B) represent communities that have a comprehensive 
        plan designed to identify at-risk juveniles and to 
        prevent or reduce the rate of juvenile delinquency, and 
        that involve other entities operated by individuals who 
        have a demonstrated history of involvement in 
        activities designed to prevent juvenile delinquency; 
        and
          (3) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.

SEC. 245. ELIGIBILITY OF ENTITIES.

  (a) Eligibility.--Except as provided in subsection (b), to be 
eligible to receive a grant under section 244, a unit of 
general purpose local government, acting jointly with not fewer 
than 2 private nonprofit agencies, organizations, and 
institutions that have experience dealing with juveniles, shall 
submit to the State 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 (25) of section 241(a) 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) Limitation.--If an eligible 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. 246. GRANTS TO INDIAN TRIBES.

  (a) Eligibility.--
          (1) Application.--To be eligible to receive a grant 
        under section 241(b), an Indian tribe shall submit to 
        the Administrator an application in accordance with 
        this section, in such form and containing such 
        information as the Administrator may require by rule.
          (2) Plans.--Such application shall include a plan for 
        conducting programs, projects, and activities described 
        in section 241(a), which plan shall--
                  (A) provide evidence that the applicant 
                Indian tribe performs law enforcement functions 
                (as determined by the Secretary of the 
                Interior);
                  (B) identify the juvenile justice and 
                delinquency problems and juvenile delinquency 
                prevention needs to be addressed by activities 
                conducted with funds provided by the grant for 
                which such application is submitted, by the 
                Indian tribe in the geographical area under the 
                jurisdiction of the Indian tribe;
                  (C) provide for fiscal control and accounting 
                procedures that--
                          (i) are necessary to ensure the 
                        prudent use, proper disbursement, and 
                        accounting of grants received by 
                        applicants under this section; and
                          (ii) are consistent with the 
                        requirement specified in subparagraph 
                        (B); and
                  (D) comply with the requirements specified in 
                section 223(a) (excluding any requirement 
                relating to consultation with a State advisory 
                group) and with the requirements specified in 
                section 222(c); and
                  (E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably require by rule to 
                ensure the effectiveness of the projects for 
                which grants are made under section 241(b).
  (b) Factors for Consideration.--For the purpose of selecting 
eligible applicants to receive grants under section 241(b), the 
Administrator shall consider--
          (1) the resources that are available to each 
        applicant Indian tribe that will assist, and be 
        coordinated with, the overall juvenile justice system 
        of the Indian tribe; and
          (2) with respect to each such applicant--
                  (A) the juvenile population; and
                  (B) the population and the entities that will 
                be served by projects proposed to be carried 
                out with the grant for which the application is 
                submitted.
  (c) Grant Process.--
          (1) Selection of grant recipients.--
                  (A) Selection Requirements.--Except as 
                provided in paragraph (2), the Administrator 
                shall--
                          (i) make grants under this section on 
                        a competitive basis; and
                          (ii) specify in writing to each 
                        applicant selected to receive a grant 
                        under this section, the terms and 
                        conditions on which such grant is made 
                        to such applicant.
                  (B) Period of grant.--A grant made under this 
                section shall be available for expenditure 
                during a 2-year period.
          (2) Exception.--If--
                  (A) in the 2-year period for which a grant 
                made under this section shall be expended, the 
                recipient of such grant applies to receive a 
                subsequent grant under this section; and
                  (B) the Administrator determines that such 
                recipient performed during the year preceding 
                the 2-year period for which such recipient 
                applies to receive such subsequent grant 
                satisfactorily and in accordance with the terms 
                and conditions applicable to the grant 
                received;
        then the Administrator may waive the application of the 
        competition-based requirement specified in paragraph 
        (1)(A)(i) and may allow the applicant to incorporate by 
        reference in the current application the text of the 
        plan contained in the recipient's most recent 
        application previously approved under this section.
          (3) Authority to modify application process for 
        subsequent grants.--The Administrator may modify by 
        rule the operation of subsection (a) with respect to 
        the submission and contents of applications for 
        subsequent grants described in paragraph (2).
  (d) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal 
accountability provisions of section 5(f)(1) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450c(f)(1)), relating to the submission of a single-agency 
audit report required by chapter 75 of title 31, United States 
Code.
  (e) Matching Requirement.--(1) Funds appropriated for the 
activities of any agency of an Indian tribal government or the 
Bureau of Indian Affairs performing law enforcement functions 
on any Indian lands may be used to provide the non-Federal 
share of any program or project with a matching requirement 
funded under this section.
  (2) Paragraph (1) shall not apply with respect to funds 
appropriated before the date of the enactment of the Juvenile 
Justice and Delinquency Prevention Act of 2001.
  (3) If the Administrator determines that an Indian tribe does 
not have sufficient funds available to meet the non-Federal 
share of the cost of any program or activity to be funded under 
the grant, the Administrator may increase the Federal share of 
the cost thereof to the extent the Administrator deems 
necessary.

      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 the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          (B) 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;
                  (vii) appropriate mental health services for 
                juveniles and youth at risk of participating in 
                delinquent activities;
                  (viii) reducing the proportion of juveniles 
                detained or confined in secure detention 
                facilities, secure correctional facilities, 
                jails, and lockups who are members of minority 
                groups;
                  (ix) evaluating services, treatment, and 
                aftercare placement of juveniles who were under 
                the care of the State child protection system 
                before their placement in the juvenile justice 
                system;
                  (x) determining--
                          (I) the frequency, seriousness, and 
                        incidence of drug use by youth in 
                        schools and communities in the States 
                        using, if appropriate, data submitted 
                        by the States pursuant to this 
                        subparagraph and subsection (b); and
                          (II) the frequency, degree of harm, 
                        and morbidity of violent incidents, 
                        particularly firearm-related injuries 
                        and fatalities, by youth in schools and 
                        communities in the States, including 
                        information with respect to--
                                  (aa) the relationship between 
                                victims and perpetrators;
                                  (bb) demographic 
                                characteristics of victims and 
                                perpetrators; and
                                  (cc) the type of weapons used 
                                in incidents, as classified in 
                                the Uniform Crime Reports of 
                                the Federal Bureau of 
                                Investigation; and
                  (xi) 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.
  (3) Nothing in this subsection shall be construed to permit 
the development of a national database of personally 
identifiable information on individuals involved in studies, or 
in data-collection efforts, carried out under paragraph 
(1)(B)(x).
          (4) Not later than 1 year after the date of enactment 
        of this paragraph,the Administrator shall conduct a 
        study with respect to juveniles who, prior to placement 
        in the juvenile justice system, were under the care or 
        custody of the State child welfare system, and to 
        juveniles who are unable to return to their family 
        after completing their disposition in the juvenile 
        justice system and who remain wards of the State. Such 
        study shall include--
                  (A) the number of juveniles in each category;
                  (B) the extent to which State juvenile 
                justice systems and child welfare systems are 
                coordinating services and treatment for such 
                juveniles;
                  (C) the Federal and local sources of funds 
                used for placements and post-placement 
                services;
                  (D) barriers faced by State in providing 
                services to these juveniles;
                  (E) the types of post-placement services 
                used;
                  (F) the frequency of case plans and case plan 
                reviews; and
                  (G) the extent to which case plans identify 
                and address permanency and placement barriers 
                and treatment plans.
  (b) Statistical Analyses.--The Administrator may--
          (1) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          (2) 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 consistent 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 (including model 
        juvenile and family 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 (including 
        model juvenile and family 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 (including model 
        juvenile and family 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 (including model juvenile and 
        family 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.
  (c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator 
shall provide training and technical assistance to mental 
health professionals and law enforcement personnel (including 
public defenders, police officers, probation officers, judges, 
parole officials, and correctional officers) to address or to 
promote the development, testing, or demonstration of promising 
or innovative models (including model juvenile and family 
courts), programs, or delivery systems that address the needs 
of juveniles who are alleged or adjudicated delinquent and who, 
as a result of such status, are placed in secure detention or 
confinement or in nonsecure residential placements.

     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 reasonably 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 out 
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 2002, 2003, 2004, 2005, and 2006.
  (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 2002, 2003, 2004, 2005, and 
2006.
  (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 2002, 2003, 2004, 2005, and 2006.

           *       *       *       *       *       *       *

  [(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)  * * *

           *       *       *       *       *       *       *

      [(c)(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.]
  (c) No funds may be paid under this title to a residential 
program (excluding a program in a private residence) unless--
          (1) there is in effect in the State in which such 
        placement or care is provided, a requirement that the 
        provider of such placement or such care may be licensed 
        only after satisfying, at a minimum, explicit standards 
        of discipline that prohibit neglect, physical and 
        mental abuse, as defined by State law;
          (2) such provider is licensed as described in 
        paragraph (1) by the State in which such placement or 
        care is provided; and
          (3) such provider satisfies the licensing standards 
        of each other State from which such provider receives a 
        juvenile for such placement or such care, in accordance 
        with the Interstate Compact on Child Placement as 
        entered into by such other State.

                                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. LIMITATIONS 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.

SEC. 299J. CONTENT OF MATERIALS.

  Materials produced, procured, or distributed both using funds 
appropriated to carry out this Act and for the purpose of 
preventing hate crimes that result in acts of physical 
violence, shall not recommend or require any action that 
abridges or infringes upon the constitutionally protected 
rights of free speech, religion, or equal protection of 
juveniles or of their parents or legal guardians.

           *       *       *       *       *       *       *


    [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 equivalent of 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.'']

           *       *       *       *       *       *       *

                              ----------                              


                  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)  * * *
  (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.).

           *       *       *       *       *       *       *


          Subtitle B--Court-Appointed Special Advocate Program

           *       *       *       *       *       *       *


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.).

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.

  (a)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


          SECTION 404 OF THE MISSING CHILDREN'S ASSISTANCE ACT

               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;

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

                              Introduction

    H.R. 1900 represents the third attempt to reauthorize the 
Juvenile Justice and Delinquency Prevention Act in as many 
Congresses. This bipartisan effort is by far the closest the 
Committee has come to offering meaningful juvenile justice 
reforms it began its initial consideration of the issues 
surrounding reauthorization in 1996. Instead of emphasizing 
punishment and ``adult like'' incarceration, H.R. 1900 affirms 
the rehabilitative purpose of the juvenile courts while 
recognizing several present-day realities that state and local 
juvenile justice systems face in addressing juvenile crime.
    We are pleased that the reported bill maintains the 
principles of the Act's core mandates that protect juveniles 
and promote treatment and rehabilitation for nonviolent and 
first-time offenders. We are also pleased the bill adds 
additional protection for juveniles through better supervision 
of boot camps and promotes improved collaboration between 
social service programs.
    We are, however, disappointed the bill weakens hate crime 
provisions of the Act, and creates a potentially dangerous 
exception that allows juveniles, in certain cases, to be 
incarcerated in adult facilities in rural areas.

                 i. maintaining the act's core mandates

A. Deinstitionalization of status offenders
    When the Act was created 27 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 of incorrigibility) 
and non-offenders (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 non-criminal 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 practioners. 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 
opposed any change. 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.
---------------------------------------------------------------------------
B. Disproportionate minority confinement (DMC)
    The Act requires States to reduce the disproportionate 
number of minorities confined in secure facilities. This 
provision has been widely misinterpreted and is in need of 
clarification. 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 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.''
    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 inthe 
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.''
    Retaining the mandate is necessary 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: mentoringprograms, 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 of 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 that 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.

C. 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 provisions to 
deinstitutionalize status offenders at the inception of the 
Act. In 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. 1900 should not 
be interpreted to mean that Congress has reduced its focus on 
this core requirement. The changes prohibit ``regular'' contact 
but allow for ``brief communication or brief visual contact 
that is accidental or incidental''. However, by improving the 
flexibility of this requirement, the Minority cautions States 
not to relax their vigilance in this area. Forty-one States 
were in full compliance with the current law of sight and sound 
separation in 1998. 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.

D. Removal of juveniles from adults jails

            Background
    The mandate that 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, 14 States were 
in full compliance with this provision in 1994. The number of 
States in compliance has since declined to 11 based on the 1998 
Compliance Monitoring Summary.
    We recognize the difficulties rural areas are facing with 
this requirement. H.R. 1900 expands the amount of time during 
which juveniles can be placed in adult facilities for initial 
court appearances from 24 hours to 48 hours in rural areas 
where travel distance or weather would preclude moving the 
juvenile-to-juvenile facility. We generally regard adult 
facilities as inappropriate for short or long-term placements 
for juvenile offenders. Adult facilities tend to be overcrowded 
and 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.
            Parental consent exception
    The Minority remains concerned about the new rural 
exception that allows juveniles to be detained or confined in 
adult facilities when a parent or legal guardian consents. We 
have yet to receive any justification for this major departure 
from current law and are not satisfied that the problem 
requires such a drastic legislative remedy. Given the 
extremedanger juveniles face in adult facilities--where they are five 
times more 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--we are concerned that this 
provision rolls back the important safeguards established to protect 
juveniles in the system.

                        ii. 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 that 
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.

                       iii. hate crime prevention

    The Minority has decidedly different views than the 
Majority on the issue of hate crime prevention. Current law 
allows states to expend funds on hate crime prevention 
programs, authorizes the Administrator to conduct research 
related to hate crimes, and training and technical assistance 
on hate crime prevention to persons working with juveniles. 
H.R. 1900 unwisely reduces these efforts down to a single 
``allowable use'' in the state formula grant. We believe that 
there should be a strong emphasis on hate crime prevention 
programs for youth at risk of deliquency and more research, 
training and technical assistance on how best to combat these 
deplorable crimes.
    Hate crimes are defined in law as offenses that ``manifest 
evidence of prejudice based on race, religion, sexual 
orientation, or ethnicity.'' (P.L. 101-275) The Department of 
Justice reports that the incidence of hate crimes based on 
race, religion, sexual orientation, disability and gender, has 
been on the rise since 1991 when data was first collected. 
Based on the most recent data available, in 1999 there were 
over 8,000 reported incidents of hate crimes. Crimes motivated 
by prejudice and intolerance based on race represented the 
majority of these hate crimes. Because the data collected by 
the Department of Justice is provided voluntarily by law 
enforcement agencies, most social science researchers believe 
that the incidence of hate crimes is underreported.
    While the perception is that hate crimes are committed by 
organized hate groups such as ``skinheads'', the research 
reveals that it is more common that young people, ages 15-25, 
are the perpetrators. In order to reduce the incidence of hate 
crimes committed by youth, the Juvenile Justice and Deliquency 
Prevention Act authorizes funding for school and community 
based hate crime prevention programs. These programs focus on 
educating youth, who are school age, in ways that challenge 
concepts of prejudice and intolerance that are present in 
various social institutions.
    USA Weekend's ``Eighth Annual Back-to-School Survey'' 
(August 18, 1995) polled a representative sample of the 
nation's teens regarding their perceptions of race relations in 
America and the role of their schools in those relations. The 
survey suggests the urgent need for positive intervention in 
our schools and communities. Specifically, the survey indicated 
that:
     45% of teens have personally experienced prejudice 
in the past year.
     84% believe that most people their age carry some 
form of racial prejudice.
     43% believe their school does not promote cultural 
awareness.
     64% believe students hang out mainly with people 
of their own race and 44% believe this contributes to racial 
tension.
     53% say their friends bear some form of racial 
prejudice.
     33% say their teachers carry some form of racial 
prejudice.
    The 1992 American Psychological Association report entitled 
Violence and Youth: Psychology's Response, identified 
``prejudice and discrimination'' as one of the three leading 
causes of violence among American youth. Teens thirst for 
mechanisms to decrease racial tension and to develop better 
conflict resolution skills.
    According to a Penn, Shoen & Berland Associates, Inc., poll 
released by MTV in April 1999, a majority--91 percent--of young 
people feel that hate crimes are a national crisis and that not 
enough is being done to prevent them. Seventeen percent of the 
12-to 24-years-olds surveyed said they knew someone who had 
been the victim of a hate crime. Up to 66 percent of students 
indicated that they had seen or heard negative comments or 
heard others ridiculed based on race, gender, disability or 
sexual orientation.
    The poll also found that the majority of young people would 
either be afraid or unwilling to react if confronted with a 
hate crime and that an overwhelming number of young people did 
not know about the existence of any community-based campaigns 
or programs to combat hate crimes. In addition, 62 percent and 
38 percent do not believe parents and teachers, respectively, 
are discussing the issue of hate crimes with them.
    The federal government has an essential role to play in 
increasing awareness of the problem of bias crime, and in 
sharing information about promising education and counteraction 
strategies for the wide range of community-based professionals 
who work and interact with young people, including parents, 
school personnel, youth service professionals, and law 
enforcement officials. Federal initiatives can help young 
people:
     Confront prejudicial attitudes and actions before 
they escalate.
     Identify, understand, and effectively combat, 
bias-related incidents and hate crime.
     Enhance students' self-esteem by creating school 
climates where youth feel secure, accepted, independent, and 
responsible.
     Build empathy in order for students to connect 
their own experiences with others.
     Teach youth how to promote critical thinking by 
identifying stereotypes.
     Teach youth the history of discriminatory behavior 
and hate crime.
     Provide youth with examples of individuals whose 
lives counter stereotypes.
     Assist youth in becoming empowered to make 
positive social change.
     Provide models of respect and care for others.
    The Minority encourages the Administrator to use the 
discretionary authority available to continue funding research, 
training and technical assistance on how to reduce and prevent 
hate crimes committed by youth.

                            IV. Foster Care

    Each year, close to one million children in America are 
victims of abuse and neglect. Child abuse and neglect entails 
an act or failure to act resulting in imminent risk of serious 
harm, death, serious physical or emotional harm, sexual abuse 
or exploitation. In addition to the immediate and short-term 
harm of child maltreatment, there are long-term consequences of 
childhood victimization. Child abuse and neglect leads to a 
high incidence of mental health and behavioral problems. 
Victims of maltreatment often suffer from depression, anxiety 
and aggression and often demonstrate self-destructive or self-
abusive behavior. Illegal behavior, school problems or failure, 
and drug or alcohol abuse are also frequent consequences of 
childhood abuse and neglect. In addition to needing mental 
health related services, children and youth who are victims of 
maltreatment, particularly those involved in foster care 
systems, have many special and complex needs regarding their 
guardianship, relationships with their parents or caregivers, 
and plans for permanency and stability.
    Many studies repeatedly demonstrate that childhood 
victimization is a strong risk factor for juvenile delinquency. 
A study conducted by the Child Welfare League of America found 
a very strong relationship between child maltreatment and early 
onset of juvenile delinquency and serious involvement in 
delinquency. A survey of the 100 youth incarcerated in the 
California Youth Authority's maximum-security facilities in 
1995 found that 42 of the juveniles were known to the child 
welfare system. A longitudinal study found that being abused or 
neglected increased the likelihood of arrest as a juvenile by 
53% and arrest for violent crime by 38%. This research 
illustrates that not only is there a link between childhood 
victimization and juvenile delinquency, but that we are failing 
to provide the services and treatment that foster care youth 
need to lead healthy productive lives. It also demonstrates 
that to successfully prevent juvenile delinquency and 
recidivism, there must be meaningful collaboration between 
child welfare and juvenile justice systems and that the special 
mental health needs and family and permanency plan issues must 
be considered when serving youth in the juvenile justice 
system.
    Given the clear link between child victimization and 
juvenile delinquency and given that this link increases the 
likelihood that youth in the juvenile justice system will have 
come directly from the child welfare system or will have had 
past experience with the child welfare system, we are pleased 
the Committee agrees that a new emphasis is needed that will 
recognize and address the nexus between these two systems.
    H.R. 1900 includes three provisions designed to help states 
better address the needs of foster care youth who become 
involved in the juvenile justice system and thereby increase 
delinquency prevention. First, the bill requires states to set 
forth the policies and systems they will use to incorporate 
relevant child protective services records into juvenile 
justice records for the purposes of establishing and 
implementing treatment plans for juvenile offenders. Continuity 
of treatment plans as youth move from child welfare to juvenile 
justice is a critical component to ensuring that youth receive 
the treatment and services they need.
    Secondly, states must provide assurances that they will 
comply with Title IV-E of the Social Security Act as it 
concerns youth in the juvenile justice system whose placements 
are paid for with Title IV-E funds. Currently, states are 
allowed to use this funding stream where appropriate, as long 
as juveniles are not residing in a locked facility. However, 
when States choose to use Title IV-E funds for placement of 
juveniles, they must also provide the mandated IV-E protections 
to those juveniles, including the development of case plans, 
periodic reviews, and permanency hearings. An investigation in 
California conducted by the Office of the Inspector General at 
Health and Human Services found that youth were not receiving 
these mandated protections. Requiring states to address this 
issue in their juvenile justice state plans will help them 
develop the policies and systems needed to comply with existing 
law.
    We hope that experiencing States will give consideration to 
providing these services to adjudicated youth who are 
experiencing child welfare problems but whose placements are 
not paid for with federal Title IV-E money. Many youth, upon 
completing their disposition are unable to return home for 
reasons including: the family's continued involvement with 
child welfare; continued unsafe conditions in the home; 
termination of parental rights due to abuse and neglect and 
unsatisfactory supervision by the parent. For some of these 
youth, guardianship shifts from juvenile justice to child 
welfare. But in many instances, state child welfare departments 
will not take custody of these youth and the youth remain under 
the care of the juvenile justice system. These youth are housed 
in facilities such as group homes and detention centers even 
though their term has been fully served. These youth remain 
under the jurisdiction of the juvenile courts and have many of 
the same needs as youth in the foster care system: family 
preservation case plans; social services such as treatment for 
mental illness; assistance for transitional living. In order to 
minimize likelihood of recidivism and maximize positive 
behavioral outcomes, juvenile justice systems must provide 
access to these services.
    The bill also places new emphasis on collaboration between 
juvenile justice and child welfare, states should request 
technical assistance from OJJDP to assist them in determining 
how best to serve juvenile justice kids who have come from 
child welfare or for youth who need services similar to those 
provided by child welfare toward the end of their sentencing.
    Finally, we believe it is significant that the bill 
requires the Secretary to conduct and report a study not later 
than 1 year after the date of enactment of this bill, with 
respect to youth in the juvenile justice system who are under 
the care of the State child welfare system and with respect to 
juveniles who are unable to return to their family after 
completing their dispositionin the juvenile justice system. 
Given that childhood victimization greatly increases the likelihood of 
involvement with the juvenile justice system, it is important that we 
have more information regarding the characteristics of our juvenile 
justice system population, including the number of juveniles in the 
system who were previously involved in child welfare protection 
systems, the plans for services made and executed for these youth, and 
the services provided these youth as they complete their disposition.

                             v. boot camps

    Since its passage in 1974, the Juvenile Justice Act has 
consistently proven that providing children treatment and 
rehabilitation in a safe environment serves both the children's 
well being and increases public safety. In prior 
reauthorizations, Congress has sought to ensure the health and 
safety of juveniles by requiring the removal of juveniles from 
adult jails and lockups, and requiring the separation of 
juveniles from adult inmates when, for briefs periods of time, 
the juveniles are placed in adult facilities. Those core 
protections against physical, sexual, and mental abuses are 
retained in this bill.
    In addition, the bill provides additional protection to 
juveniles in residential facilities. With this reauthorization, 
we intend to ensure that juveniles in residential facilities 
(including boot camps, wilderness camps, or any residential 
correction programs) are treated in a lawful and humane manner. 
Thus, the bill requires any youth residential programs 
receiving funds under the Act to be licensed by the State in 
which the program operates and to meet that State's standards 
of discipline that prohibit neglect and physical, sexual, and 
mental abuse. In addition, youth residential programs enrolling 
out-of-state children must meet the licensing standards of a 
child's home State.
    In many instances children are served well by youth 
residential programs intended to divert youth away from the 
juvenile justice system. However, there are also far too many 
instances in which children are placed in unlicensed 
residential programs with incompetent, untrained, and abusive 
staff resulting in unreasonable restraint, physical, sexual, 
and mental abuse (including beatings) and, at times, death. For 
years, residential juveniles programs have committed acts 
against children that, if committed by a parent, would 
constitute child abuse. Since 1980, at least 31 teenagers in 11 
states have died in residential programs, including three this 
year.
    In an effort to ease overcrowding and curb increasing 
maintenance costs, most states have developed boot camps, 
wilderness camps, and other juvenile residential programs as 
alternative programs for juvenile offenders. However, while the 
number of residential camps continues to increase, very few 
states have implemented any licensing requirements. According 
to the American Correctional Association, many existing boot 
camp programs have been designed and implemented quickly 
without any operating polices and procedures. Utah was the 
first state of regulate boot camps, and only after the death of 
three young people in the early 1990's. Despite the death of 10 
children since 1989, Arizona still has not enacted regulations 
to govern some of these facilities or protect children sent 
from other states. Residential facilities operating less than 
year-round in Arizona requires no licensing.
    An egregious case earlier this year demonstrates the urgent 
need for congressional action to address the mistreatment of 
children in such unlicensed, poorly staffed and under-
supervised placements. On July 1, a young boy died at an 
Arizona boot camp that was not licensed by the state. According 
to the autopsy, the 14-year-old died from complications of near 
drowning and dehydration. He has been forced to stand in direct 
sun light for up to five hours in 111 degree heat, ate dirt, 
and then taken to a motel and left in the tub with the shower 
running. Tragically, this case is similar to others where 
juvenile have been subjected to beatings, abusive treatment and 
other acts at the hands of ill-trained and poorly supervised 
staff that commit child abuse or worse in the name of 
rehabilitation and punishment.\3\ It is past time for Congress 
to assure that taxpayer funds are not being used to underwrite 
child abuse in such reprehensible programs.
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    \3\ The following list of abuses and deaths at camps and other 
residential programs are illustrative of the kind of problems that led 
the Committee to require licensing standards: Arizona: Last month, 
(July 2001), a 14-year-old boy died at an Arizona desert boot camp 
after being forced to stand for hours in 114 degrees temperature and 
eat mud. His mother was told that her son vomited mud before he died. 
Florida: Last February, a 12-year-old died at a boot camp for troubled 
boys after a 320-pound counselor restrained him on the ground for 
nearly 30 minutes. South Dakota: in July 1999, a 14-year-old girl died 
after a forced run at a girls boot camp operated by the state. Two 
staff members were acquitted on child abuse charges in the death and 
other alleged abuses, including making girls run in shackles until 
their ankles bled. Arizona: A 16-year-old sent to an Arizona by a 
Sacramento County probation officials, died while being forced to 
exercise at the camp despite his repeated claims that he was ill and 
needed medical treatment. Pasco, FL: A Miami parent is suing a boot 
camp for abuse to her 6-year-old son. The boy reported being molested 
by two older students, being forced to run and do push-ups, and when he 
couldn't, instructors kicked him. Detroit, MI: An Indiana parent filed 
a $5 million lawsuit in U.S. District Court in Detroit claiming her 18-
year-old son killed himself last year because he never recovered from 
the trauma of his 1997 stay at the privately operated boot camp in 
Michigan. The boy was ordered to do push-ups in a sealed room with 
bleach poured across the floor. Other boot camp controversies: Missouri 
last month charged five instructors at a military-style school with 
multiple counts of felony child abuse for forcing students to stand in 
pits of cow manure as punishment for misbehavior. Last December, 
Maryland's governor ordered two state-run boot camps closed following 
testimony from juveniles that camp guards had thrown them through 
windows, stuck thumbs in their eyes and routinely punched and tackled 
them. Last year, Alabama closed a camp in Mobile for three months after 
charges of abuse by staffers. In 1998, Ohio's considered closing the 
state's boot camp after several fatal stabbings.
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    Any residential program, excluding private residences that 
are not licensed by the State is ineligible for funds under the 
Act. In developing licensing standards, States should ensure 
that residential camp programs protect the safety and rights of 
children by considering the following: (1) well trained and 
competent staff with continuing staff development programs; (2) 
written policy, procedure, and practice that provides that 
children are not subjected to physical, sexual, or mental 
abuse, or any punishment that adversely affects a child's 
health, physical, or psychological well-being; (3) access to 
health-care services by qualified personnel; (4) access to 
mental-health services by qualified personnel; (5) a 
grievanceprocedure for children and unrestricted access to legal 
counsel and access to family communications.
    All available data have shown that these minimal adequate 
protections improve the wellbeing of youth, reduce juvenile 
delinquency, and, overall, benefit the community that will 
receive the children after their release from residential 
programs. In short, standards for residential programs are not 
``unfounded-mandates''. They are abuse prevention and life-
saving measures and should be regarded, and implemented as 
such.

                         vi. programs that work

    We are pleased that the Majority has chosen to recognize 
the value of rigorous scientific research in establishing what 
works to reduce juvenile crime. It is similarly important to 
note that retaining the research and evaluation functions 
within the Office of Juvenile Justice and Delinquency 
Prevention is critical to continuing the progress that has been 
made in developing a substantial body of research on programs 
proven to reduce youth crime. In recent years, the Blueprint 
for Violence Prevention project, funded by OJJDP at the Center 
for the Study and Prevention of Violence in Denver Colorado has 
reviewed several initiatives and found that programs such as 
Multisystemic Therapy, Multidimensional Treatment Foster Care, 
Functional Family Therapy and Bullying Prevention programs are 
effective approaches for the treatment of juvenile offenders 
and the reduction of youth violence. The Minority also notes 
the impressive research on the effectiveness of early childhood 
education programs in reducing youth crime.
    We applaud the Office of Juvenile and Delinquency 
Prevention for its focus on research and evaluation and 
encourage it to continue to disseminate information on programs 
that are based on rigorous scientific research and have been 
evaluated for their proven effectiveness.

                  vii. maintaining the name of the act

    We commend the Majority for retaining the original name of 
the Act. In previous attempts to reauthorize the Act, the 
Majority proposed changing the name to the ``Juvenile Crime 
Control and Delinquency Prevention Act'' in order to respond to 
concerns about a pending wave of juvenile offenders that must 
be ``controlled'' through accountability measures. Earlier 
measures focused heavily on providing interventions for serious 
violent youth currently in the juvenile justice system and were 
sorely lacking in investments in early prevention programs and 
interventions for non-offenders and first time offenders 
respectively. Moreover, it was inappropriate to remove the word 
``justice'' from a law that was designed to ensure that 
children and youth at-risk of delinquency received fair 
treatment from the courts. Maintaining the current name of the 
Act and the Office responsible for carrying out its mandates 
reaffirms Congress intent that children and youth who come into 
contact with the juvenile courts are entitled to fairness and 
due process.

                               Conclusion

    H.R. 1900 represents a balanced approached to reducing 
youth crime. The focus on prevention and accountability mirrors 
what is occurring in state and local juvenile justice systems. 
The Majority welcomes these positive changes to juvenile crime 
policy that promote flexibility, a continued emphasis on 
prevention, early intervention and accountability, while 
maintaining important protection for juveniles.

                                   George Miller.
                                   Betty McCollum.
                                   Lynn N. Rivers.
                                   Bobby Scott.
                                   Donald D. Payne.
                                   Hilda L. Solis.
                                   Major R. Owens.
                                   Carolyn McCarthy.
                                   Susan A. Davis.
                                   Dennis Kucinich.
                                   Harold Ford.
                                   Robert E. Andrews.
                                   Patsy T. Mink.
                                   Ruben Hinojosa.
                                   Rush Holt.
                                   Dale E. Kildee.
                                   Ron Kind.

                                  
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