[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3565 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3565

    To amend title 18, United States Code, with respect to juvenile 
                   offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 1996

  Mr. McCollum (for himself, Mr. Hyde, Mr. Cunningham, Mr. Coble, Mr. 
   Buyer, Mr. Heineman, and Mr. Bryant of Tennessee) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
     and in addition to the Committee on Economic and Educational 
   Opportunities, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to juvenile 
                   offenders, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Youth Predator Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Today, no population poses a larger threat to public 
        safety than young adult criminals.
            (2) While overall crime rates have decreased modestly 
        between 1992 and 1995, this general decline masks an 
        unprecedented surge of youth violence that has only begun to 
        gather momentum. Homicides by youths under 17 years of age 
        tripled between 1984 and 1994.
            (3) Teenagers account for the largest portion of all 
        violent crime in the United States. Offenders under the age of 
        21 commit more than \1/4\ of all violent crime.
            (4) The number of juveniles arrested for weapons offenses 
        has more than doubled in the last 10 years. Almost \1/4\ of 
        those arrested for weapons offenses in 1993 were under the age 
        of 18.
            (5) The dramatic increase in youth crime over the past 
        decade occurred while the youth population was declining. In 
        contrast, this nation will soon have more teenagers than it has 
        had in decades. Today's enormous cohort of children under 10 
        years of age will be tomorrow's teenagers. By the year 2010, 
        the number of juveniles is expected to increase 30 percent.
            (6) Youth drug use is taking a sharp turn for the worse; 
        marijuana use by teenagers has nearly doubled in the last 4 
        years.
            (7) If national trends continue as they have over the past 
        10 years, juvenile arrests for violent crime will more than 
        double by the year 2010. The number of juveniles arrested for 
        murder are expected to increase 145 percent over the 1992 
        level; forcible rape arrests to increase by 66 percent; and 
        aggravated assault arrests by 129 percent.
            (8) The challenges faced by law enforcement will be 
        unparalleled as the United States enters the next century. The 
        criminal justice system is simply not prepared to face 
        tomorrow's wave of violent young people. Revolving door justice 
        and the failure to hold criminals accountable for their crimes 
        continues to plague the justice system, and particularly the 
        juvenile justice system.
            (9) Only by taking decisive action now can America prevent 
        this wave of young people from committing unprecedented numbers 
        of violent crime.

       TITLE I--FEDERAL PROSECUTION OF SERIOUS VIOLENT JUVENILES

SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    Section 5032 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a)(1) A juvenile alleged to have committed an offense against 
the United States or an act of juvenile delinquency may be surrendered 
to State authorities, but if not so surrendered, shall be proceeded 
against as a juvenile under this subsection or tried as an adult in the 
circumstances described in subsections (b) and (c).
    ``(2) A juvenile may be proceeded against as a juvenile in a court 
of the United States under this subsection if the Attorney General, 
after investigation, certifies to the appropriate United States 
district court that--
            ``(A) the juvenile court or other appropriate court of a 
        State does not have jurisdiction or declines to assume 
        jurisdiction over the juvenile with respect to the alleged act 
        of juvenile delinquency, and
            ``(B) there is a substantial Federal interest in the case 
        or the offense to warrant the exercise of Federal jurisdiction.
    ``(3) If the Attorney General does not so certify and does not have 
authority to try such juvenile as an adult, such juvenile shall be 
surrendered to the appropriate legal authorities of such State.
    ``(4) If a juvenile alleged to have committed an act of juvenile 
delinquency is proceeded against as a juvenile under this section, any 
proceedings against the juvenile 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 or as 
authorized by section 3401(g) of this title, and no criminal 
prosecution shall be instituted except as provided in this chapter.
    ``(b) A juvenile shall be prosecuted as an adult--
            ``(1) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult; or
            ``(2) if the juvenile is alleged to have committed an act 
        after the juvenile attains the age of 14 years which if 
        committed by an adult would be a serious crime of violence or 
        an offense described in section 408 of the Controlled 
        Substances Act (21 U.S.C. 848) or a conspiracy or attempt to 
        commit that offense which is punishable under section 406 of 
        the Controlled Substances Act (21 U.S.C. 846).
    ``(c)(1) A juvenile may also be prosecuted as an adult if the 
juvenile is alleged to have committed an act after the juvenile has 
attained the age of 13 years which if committed by an adult would be a 
felony under Federal law, upon approval of the Attorney General or the 
Attorney General's designee.
    ``(2) Any such designee shall be at a level not lower than a Deputy 
Assistant Attorney General.
    ``(3) Such approval shall not be granted, with respect to such a 
juvenile who is subject to the criminal jurisdiction of an Indian 
tribal government and who is alleged to have committed an act over 
which, if committed by an adult, there would be Federal jurisdiction 
based solely on its commission in Indian country (as defined in section 
1151), unless the governing body of the tribe having jurisdiction over 
the place in which the alleged act was committed has before such act 
notified the Attorney General in writing of its election that 
prosecution may take place under this subsection.
    ``(d) A determination to approve or not to approve, or to institute 
or not to institute, a prosecution under subsection (b) or (c) shall 
not be reviewable in any court.
    ``(e) In a prosecution under subsection (b) or (c), other than one 
described in subsection (b)(2), the juvenile may be prosecuted and 
convicted as an adult for any other offense which is properly joined 
under the Federal Rules of Criminal Procedure, and may also be 
convicted of a lesser included offense.
    ``(f) As used in this section--
            ``(1) the term `State' includes a State of the United 
        States, the District of Columbia, any commonwealth, territory, 
        or possession of the United States and, with regard to an act 
        of juvenile delinquency that would have been a misdemeanor if 
        committed by an adult, a federally recognized tribe; and
            ``(2) the term `serious violent crime' means a Federal 
        offense described in section 3559(c)(2)(F)(i).''.

SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) Whenever a juvenile is taken into custody, the arresting 
officer shall immediately advise such juvenile of the juvenile's 
rights, in language comprehensible to a juvenile. The arresting officer 
shall promptly take reasonable steps to notify the juvenile's parents, 
guardian, or custodian of such custody, of the rights of the juvenile, 
and of the nature of the alleged offense.
    ``(b) The juvenile shall be taken before a judicial officer without 
unreasonable delay.''.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the 3rd 
        paragraph and inserting ``if'';
            (3) by designating the 3 paragraphs as paragraphs (1), (2), 
        and (3), respectively; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following: ``In a proceeding under section 
        5032(a)--''.

SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a)(1) A juvenile prosecuted pursuant to subsection (b) of 
section 5032, or a juvenile 15 years of age or older prosecuted 
pursuant to subsection (c) of such section, if detained at any time 
prior to sentencing, shall be detained in such suitable place as the 
Attorney General may designate. Preference shall be given to a place 
located within, or within a reasonable distance of, the district in 
which the juvenile is being prosecuted.
    ``(2) A juvenile less than 15 years of age prosecuted pursuant to 
subsection (c) of section 5032, if detained at any time prior to 
sentencing, shall be detained in a suitable juvenile facility located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted. If such a facility is not available, such 
a juvenile may be detained in any other suitable facility located 
within, or within a reasonable distance of, such district. If no such 
facility is available, such a juvenile may be detained in any other 
suitable place as the Attorney General may designate.
    ``(3) To the maximum extent feasible, a juvenile less than 15 years 
of age prosecuted pursuant to subsection (c) of section 5032 shall not 
be detained prior to sentencing in any facility in which the juvenile 
has regular contact with adult persons convicted of a crime or awaiting 
trial on criminal charges.
    ``(b) A juvenile proceeded against under section 5032(a) shall not 
be detained prior to disposition in any facility in which the juvenile 
has regular contact with adult persons convicted of a crime or awaiting 
trial on criminal charges.
    ``(c) Every juvenile who is detained prior to disposition or 
sentencing shall be provided with reasonable safety and security and 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 105. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) of this title shall apply to 
        this section.''.

SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    (a) Disposition.--Section 5037 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5037. Disposition
    ``(a) In a proceeding under section 5032(a), if the court finds a 
juvenile to be a juvenile delinquent, the court shall hold a hearing 
concerning the appropriate disposition of the juvenile no later than 40 
court days after the finding of juvenile delinquency, unless the court 
has ordered further study pursuant to subsection (e). A predisposition 
report shall be prepared by the probation officer who shall promptly 
provide a copy to the juvenile, the juvenile's counsel, and the 
attorney for the Government. Victim impact information shall be 
included in the report, and victims, or in appropriate cases their 
official representatives, shall be provided the opportunity to make a 
statement to the court in person or present any information in relation 
to the disposition. After the dispositional hearing, and after 
considering possible sanctions established pursuant to subsection (f), 
the court shall impose an appropriate sanction, including the ordering 
of restitution pursuant to section 3556 of this title. With respect to 
release or detention pending an appeal or a petition for a writ of 
certiorari after disposition, the court shall proceed pursuant to the 
provisions of chapter 207.
    ``(b) The term for which probation may be ordered for a juvenile 
found to be a juvenile delinquent may not extend beyond the maximum 
term that would be authorized by section 3561(c) if the juvenile had 
been tried and convicted as an adult. Sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation.
    ``(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond the 
lesser of--
            ``(1) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult;
            ``(2) ten years; or
            ``(3) the date when the juvenile becomes twenty-six years 
        old.
Section 3624 is applicable to an order placing a juvenile in detention.
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond 5 
years. Subsections (c) through (i) of sections 3583 apply to an order 
placing a juvenile on supervised release.
    ``(e) If the court desires more detailed information concerning a 
juvenile alleged to have committed an act of juvenile delinquency or a 
juvenile adjudicated delinquent, it may commit the juvenile, 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 or entity. 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 the 
juvenile's attorney. The agency or entity shall make a study of all 
matters relevant to the alleged or adjudicated delinquent behavior and 
the court's inquiry. The Attorney General shall submit to the court and 
the attorneys for the juvenile and the Government the results of the 
study within 30 days after the commitment of the juvenile, unless the 
court grants additional time. Time spent in custody under this 
subsection shall be excluded for purposes of section 5036.
    ``(f) The Attorney General shall develop a list of possible 
sanctions for juveniles adjudicated delinquent. Such list shall be 
comprehensive in nature and encompass punishments of varying levels of 
severity.''.
    (b) Effective Date.--The Attorney General shall develop the list 
required pursuant to section 5037(f), as amended by subsection (a), not 
later than 180 days after the date of the enactment of this Act.

SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Juvenile records and fingerprinting
    ``(a)(1) Throughout and upon the completion of the juvenile 
deliquency proceeding under section 5032(a), the court shall keep a 
record relating to the arrest and adjudication that is--
            ``(A) equivalent to the record that would be kept of an 
        adult arrest and conviction for such an offense; and
            ``(B) retained for a period of time that is equal to the 
        period of time records are kept for adult convictions.
    ``(2) Such records shall be made available for official purposes, 
including communications with any victim or school officials, and to 
the public to the same extent as court records regarding the criminal 
prosecutions of adults are available.
    ``(b) The Attorney General shall establish guidelines for 
fingerprinting and photographing a juvenile who is the subject of any 
proceeding authorized under this chapter. Such guidelines shall address 
the availability of pictures of any juvenile taken into custody but not 
prosecuted as an adult. Fingerprints and photographs of a juvenile who 
is prosecuted as an adult shall be made available in the manner 
applicable to adult offenders.
    ``(c) Whenever a juvenile has been adjudicated delinquent, the 
court shall transmit to the Federal Bureau of Investigation, 
Identification Division, the information concerning the adjudications, 
including name, date of adjudication, court, offenses, and sentence, 
along with the notation that the matters were juvenile adjudications.
    ``(d) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

SEC. 108. RESTRICTION ON COMMITMENT.

    Section 5039 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5039. Commitment
    ``(a) The Attorney General shall not cause any juvenile less than 
19 years of age adjudicated delinquent under section 5032(a) to be 
placed or retained in an adult jail or correctional facility in which 
the juvenile has regular contact with adults incarcerated because they 
have been convicted of a crime or are awaiting trial on criminal 
charges, except for placement in a community-based facility.
    ``(b) Every juvenile adjudicated delinquent who has been committed 
shall be provided with reasonable safety and security and 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.''.

SEC. 109. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.

    (a) Section 5031.--Sections 5031 and 5034 of title 18, United 
States Code, are each amended by striking ``his'' each place it appears 
and inserting ``the juvenile's''.
    (b) Section 5034.--Section 5034 of title 18, United States Code, is 
amended--
            (1) in the heading of such section, by striking 
        ``magistrate'' and inserting ``judicial officer''; and
            (2) by striking ``magistrate'' each place it appears and 
        inserting ``judicial officer''.

SEC. 110. SERIOUS JUVENILE DELINQUENCY DRUG TRAFFICKING ADJUDICATIONS 
              AS ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by inserting ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be a 
                        serious drug offense described in this 
                        paragraph;''.

SEC. 111. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER.

    The table of sections at the beginning of chapter 403 of title 18, 
United States Code, is amended to read as follows:

                  ``CHAPTER 403--JUVENILE DELINQUENCY

``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district 
                            courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprints.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.

   TITLE II--MANDATORY MINIMUM SENTENCES FOR ARMED VIOLENT PREDATORS

SEC. 201. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR 
              DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A 
              FEDERAL CRIME THAT IS A CRIME OF VIOLENCE OR A DRUG 
              TRAFFICKING CRIME.

    Section 924(c) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (2) by striking paragraph (1) and inserting the following:
    ``(1) A person who, during and in relation to any crime of violence 
or drug trafficking crime (including a crime of violence or drug 
trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which the person may be prosecuted in a court of the United States--
            ``(A) possesses a firearm, shall, in addition to the 
        sentence imposed for the crime of violence or drug trafficking 
        crime, be sentenced to imprisonment for 5 years;
            ``(B) brandishes a firearm, shall, in addition to the 
        sentence imposed for the crime of violence or drug trafficking 
        crime, be sentenced to imprisonment for 10 years; or
            ``(C) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the crime of violence or drug trafficking crime, be sentenced 
        to imprisonment for 20 years;
except that if the firearm is a short-barreled rifle or short-barreled 
shotgun, or is equipped with a large capacity ammunition feeding 
device, such additional sentence shall be imprisonment for 10 years 
more than the term of imprisonment that would otherwise be imposed 
under this paragraph, and if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm muffler, such 
additional sentence shall be imprisonment for 30 years.
    ``(2) In the case of the second or subsequent conviction of a 
person under this subsection--
            ``(A) if the person possessed a firearm during and in 
        relation to such second or subsequent crime of violence or drug 
        trafficking crime, the person shall, in addition to the 
        sentence imposed for such second or subsequent offense, be 
        sentenced to imprisonment for not less than 20 years;
            ``(B) if the person brandished a firearm during and in 
        relation to such second or subsequent crime of violence or drug 
        trafficking crime, the person shall, in addition to the 
        sentence imposed for such second or subsequent offense, be 
        sentenced to imprisonment for not less than 25 years; or
            ``(C) if the person discharged a firearm with the intent to 
        injure another person during and in relation to such second or 
        subsequent crime of violence or drug trafficking crime, the 
        person shall, in addition to the sentence imposed for such 
        second or subsequent offense, be sentenced to imprisonment for 
        not less than 30 years;
except that if the firearm is a machinegun or destructive device or is 
equipped with a firearm silencer or firearm muffler, the person shall, 
in addition to the sentence imposed for such second or subsequent 
offense, be sentenced to life imprisonment.
    ``(3)(A) Notwithstanding any other provision of law, the court 
shall not impose a probationary sentence on any person convicted of a 
violation of this subsection, nor shall a term of imprisonment imposed 
under this subsection run concurrently with any other term of 
imprisonment including that imposed for the crime of violence or drug 
trafficking crime in which the firearm was used.
    ``(B) No person sentenced under this subsection shall be released 
for any reason whatsoever during a term of imprisonment imposed under 
this subsection.''.

     TITLE III--ARMED VIOLENT YOUTH PREDATOR APPREHENSION DIRECTIVE

SEC. 301. ARMED VIOLENT YOUTH PREDATOR APPREHENSION DIRECTIVE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General of the United States shall 
establish an armed violent youth predator apprehension program 
consistent with the following requirements:
            (1) Each United States attorney shall designate at least 1 
        assistant United States attorney to prosecute armed violent 
        youth predators.
            (2) Each United States attorney shall establish an armed 
        youth predator criminal apprehension task force comprised of 
appropriate law enforcement representatives. The task force shall 
develop strategies for removing armed violent youth predators from the 
streets, taking into consideration--
                    (A) the importance of severe punishment in 
                deterring armed violent youth crime;
                    (B) the effectiveness of Federal and State laws 
                pertaining to apprehension and prosecution of armed 
                violent youth predators;
                    (C) the resources available to each law enforcement 
                agency participating in the task force;
                    (D) the nature and extent of the violent youth 
                crime occurring in the district for which the United 
                States attorney is appointed; and
                    (E) the principle of limited Federal involvement in 
                the prosecution of crimes traditionally prosecuted in 
                State and local jurisdictions.
            (3) Not less frequently than monthly, the Attorney General 
        shall require each United States attorney to report to the 
        Department of Justice the number of youths charged with, or 
        convicted of, violating section 922(g) or 924 of title 18, 
        United States Code, in the district for which the United States 
        attorney is appointed.
            (4) Not less frequently than twice annually, the Attorney 
        General shall submit to the Congress a compilation of the 
        information received by the Department of Justice pursuant to 
        paragraph (3) and a report on all waivers granted under 
        subsection (b).
    (b) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (a) with respect to the United States attorney.
            (2) Provision of waiver.--The Attorney General may waive 
        the requirements of subsection (a) pursuant to a request made 
        under paragraph (1), in accordance with guidelines which shall 
        be established by the Attorney General. In establishing the 
        guidelines, the Attorney General shall take into consideration 
        the number of assistant United States attorneys in the office 
        of the United States attorney making the request and the level 
        of violent youth crime committed in the district for which the 
        United States attorney is appointed.
    (c) Armed Violent Youth Predator Defined.--As used in this section, 
the term ``armed violent youth predator'' means a person who has not 
attained 18 years of age and is accused of violating--
            (1) section 922(g)(1) of title 18, United States Code, 
        having been previously convicted of--
                    (A) a violent crime; or
                    (B) conduct that would have been a violent crime 
                had the person been an adult; or
            (2) section 924 of such title.
    (d) Sunset.--This section shall have no force or effect after the 
5-year period that begins 180 days after the date of the enactment of 
this Act.

 TITLE IV--BLOCK GRANTS AND INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED 
                                REFORMS

SEC. 401. FINDINGS AND PURPOSE.

    (a) Findings.--Section 101 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601) is amended--
            (1) by striking subsection (a), and
            (2) in subsection (b)--
                    (A) by striking ``(b)'', and
                    (B) by striking ``Federal Government'' and 
                inserting ``Federal, State, and local governments''.
    (b) Purpose.--Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as follows:

``SEC. 102. PURPOSES.

    ``The purposes of this title and title II are--
            ``(1) to assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(2) to encourage and promote programs designed to keep in 
        school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(3) to assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(4) to assist State and local governments in promoting 
        public safety by improving the extent, accuracy, availability 
        and usefulness of juvenile court and law enforcement records 
        and the openness of the juvenile justice system;
            ``(5) to assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hard-core juveniles and transferring such juveniles out of the 
        jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(6) to assist State and local governments in promoting 
        public safety by providing resources to States to build or 
        expand juvenile detention facilities;
            ``(7) to provide for the evaluation of federally assisted 
        juvenile crime control programs, and training necessary for the 
        establishment and operation of such programs; and
            ``(8) to ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse.''.

SEC. 402. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (22)(iii) by striking ``and'' at the end;
            (2) in paragraph (23) by striking the period at the end and 
        inserting a semicolon,
            (3) by adding at the end the following:
            ``(24) the term `serious violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery, or
                    ``(B) aggravated assault committed with the use of 
                a firearm; and
            ``(25) the term `serious habitual offender' means a 
        juvenile who meets one or more of the following criteria:
                    ``(A) Arrest for a capital, life, or first degree 
                aggravated sexual offense.
                    ``(B) Not less than 5 arrests, with 3 arrests 
                chargeable as felonies and at least 3 arrests occurring 
                within the preceding 12 months.
                    ``(C) Not less than 10 arrests, with 2 arrests 
                chargeable as felonies and at least 3 arrests occurring 
                within the preceding 12 months.
                    ``(D) At least 1 arrest for conduct involving 3 or 
                more burglaries, robberies, or sexual assaults within 
                the preceding 12 months.
                    ``(E) Not less than 10 arrests, with 8 or more 
                arrests for misdemeanor crimes involving theft, 
                assault, battery, narcotics, controlled substance 
                abuse, or possession of weapons, and at least 3 arrests 
                occurring within the preceding 12 months.''.

SEC. 403. NAME OF OFFICE.

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

             ``Part A--Office of Juvenile Crime Control'';

            (2) in section 201(a) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control'';
            (3) in section 206--
                    (A) in the heading by striking ``justice and 
                delinquency prevention'' and inserting ``crime 
                control''; and
                    (B) in subsections (a)(1), (b), and (c)(1) by 
                striking ``Justice and Delinquency Prevention'' each 
                place it appears and inserting ``Crime Control'';
            (4) by amending the heading of part B to read as follows:

         ``Part B--Block Grants for State and Local Programs'';

            (5) in subsections section 299A(c)(2) by striking ``Justice 
        and Delinquency Prevention'' and inserting ``Crime Control'';
            (6) in section 385(c) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control''; and
            (7) in section 403(2) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control''.

SEC. 404. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

    Section 221 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5631) is amended--
            (1) in subsection (a) by inserting before the period at the 
        end the following:
``, including initiatives for holding juveniles accountable for any act 
for which they are adjudicated delinquent, increasing public awareness 
of juvenile proceedings, and improving the content, accuracy, 
availability, and usefulness of juvenile court and law enforcement 
records (including fingerprints and photographs)'',
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
    ``(1) Of the funds made available to carry out this part in a 
fiscal year, $10,000,000 or 4 percent (whichever is greater) may be 
used by the Administrator--
            ``(A) to establish and maintain a clearinghouse to 
        disseminate to the States information on juvenile delinquency 
        prevention, treatment, and control;
            ``(B) to carry out research regarding juvenile delinquency 
        prevention, treatment, and control; and
            ``(C) to provide training and technical assistance to 
        States to improve the administration of the juvenile justice 
        system.'', and
                    (B) in paragraph (2) by striking the last sentence.

SEC. 405. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5662) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``available to 
                carry out this part'' after ``funds'',
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``title 
                        (other than parts D and E)'' and inserting 
                        ``part'',
                            (ii) in subparagraph (B)--
                                    (I) by striking ``title (other than 
                                parts D and E)'' and inserting 
                                ``part'',
                                    (II) by striking ``or such 
                                greater'' and all that follows through 
                                ``299(a) (1) and (3)'', and
            (2) by striking subsection (d).

SEC. 406. 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) by striking the 2d sentence,
                    (B) in paragraph (5)--
                            (i) by striking ``, other than'' and all 
                        that follows through ``section 222(d),'',
                            (ii) in subparagraph (A) by adding ``and'' 
                        at the end
                            (iii) in subparagraph (B) by striking ``; 
                        and'' at the end and inserting a period, and
                            (iv) by striking subparagraph (C),
                    (C) by striking paragraphs (3), (8), (9), (10), 
                (12), (13), (14), (15), (16), (17), (18), (19), (23), 
                (24), and (25),
                    (D) in paragraph (21) by adding ``and'' at the end,
                    (E) in paragraph (22) by striking the colon at the 
                end and inserting a period, and
                    (F) by redesignating paragraphs (4), (5), (6), (7), 
                (11), (20), (21), and (22) as paragraphs (3), (4), (5), 
                (6), (7), (8), (9), and (10), respectively, and
            (2) by striking subsections (c) and (d).

SEC. 407. REPEALERS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in title II--
                    (A) by striking parts C, D, E, F, G, and H,
                    (B) by striking part I, as added by Public Law 102-
                586, and
                    (C) by amending the heading of part I, as in effect 
                immediately before the enactment of Public Law 102-586, 
                to read as follows:

         ``Part D--General and Administrative Provisions'', and

            (2) by striking title V, as added by Public Law 102-586.

SEC. 408. INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS.

    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 B the 
following:

      ``Part C--Incentive Grants for Accountability-Based Reforms

``SEC. 241. AUTHORIZATION OF GRANTS.

    ``The Administrator shall provide juvenile delinquent 
accountability grants under section 242 to eligible States to carry out 
the purposes of this title.

``SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.

    ``(a) Eligibility for Grant.--To be eligible to receive a grant 
under section 241, a State shall submit to the Administrator an 
application at such time, in such form, and containing such assurances 
and information as the Administrator may require by rule, including 
assurances that the State has in effect (or will have in effect not 
later than 1 year after the date State submits such application) laws, 
or has implemented (or will implement not later than 1 year after the 
date State submits such application) policies and programs, that ensure 
that juveniles who commit an act after attaining 14 years of age that 
would be a serious violent crime if committed by an adult are treated 
as adults for purposes of prosecution.
    ``(b) Additional Amount Based on Accountability-Based Juvenile 
Crime Control Practices.--A State that receives a grant under 
subsection (a) is eligible to receive an additional amount of funds 
added to such grant if such State demonstrates that the State has in 
effect, or will have in effect not later than 1 year after the deadline 
established by the Administrator for the submitting of applications 
under subsection (a) for the fiscal year involved, the following 
accountability-based juvenile crime control practices and 3 or more of 
the practices specified in subsection (c):
            ``(1) Graduated sanctions for juvenile delinquents, 
        ensuring a sanction for every delinquent act, and escalating 
        the sanction with each subsequent delinquent act.
            ``(2) A system of records relating to any adjudication of 
        juveniles less than 15 years of age who are adjudicated 
        delinquent for conduct that if committed by an adult would 
        constitute a felony under Federal or State law. Such records 
        shall be--
                    ``(A) equivalent to the records that would be kept 
                of adults arrested for such conduct, including 
                fingerprints and photographs;
                    ``(B) submitted to the Federal Bureau of 
                Investigation in the same manner as adult records are 
                so submitted;
                    ``(C) retained for a period of time that is equal 
                to the period of time records are retained for adults; 
                and
                    ``(D) available to law enforcement agencies, the 
                courts, and school officials (and such school officials 
                shall be subject to the same standards and penalties 
                that law enforcement and juvenile justice system 
                employees are subject to under Federal and State law, 
                for handing and disclosing such information).
            ``(3) Alternative schools or classrooms for juvenile 
        delinquents or juveniles who are expelled or suspended for 
        disciplinary reasons.
    ``(c) Additional Accountability-Based Juvenile Crime Control 
Practices.--For purposes of subsection (b), a State may select from 
among the following accountability-based juvenile crime control 
practices:
            ``(1) Parental responsibility for serious delinquent acts 
        of children released by a juvenile court to the custody of 
        their parents.
            ``(2) Mandatory restitution.
            ``(3) Public availability of records of juvenile 
        delinquency proceedings.
            ``(4) Public access to juvenile delinquency proceedings to 
        the public.
            ``(5) Mandatory penalties for the use of a firearm in 
        committing a violent crime or serious drug offense, as defined 
        in section 924(e)(2)(A) of title 18 of the United States Code.
            ``(6) Curfew laws for juveniles.
            ``(7) A serious habitual offender comprehensive action 
        program as described in subsection (d).
    ``(d) Serious Habitual Offender Comprehensive Action Program.--
            ``(1) In general.--Serious habitual offender comprehensive 
        action programs referred to in subsection (c) (referred to in 
        this subsection as `programs') shall be multidisciplinary 
        interagency case management and information sharing systems, 
        meeting the requirements of this subsection, that enable the 
        juvenile and criminal justice system, schools, and social 
        service agencies to make more informed decisions regarding 
        early identification, control, supervision, and treatment of 
        juveniles who repeatedly commit serious delinquent or criminal 
        acts.
            ``(2) Multidisciplinary agencies.--Under such programs, 
        units of local government in a State shall establish a 
        multidisciplinary agency comprised of representatives from--
                    ``(A) law enforcement organizations;
                    ``(B) school districts;
                    ``(C) State's attorneys offices;
                    ``(D) court services;
                    ``(E) State and county children and family 
                services; and
                    ``(F) any additional organizations, groups, or 
                agencies deemed appropriate to accomplish the purposes 
                described in paragraph (1), including--
                            ``(i) juvenile detention centers;
                            ``(ii) mental and medical health agencies; 
                        and
                            ``(iii) the community at large.
            ``(3) Identification of serious habitual offenders.--Each 
        multidisciplinary agency established under paragraph (2) shall 
        adopt, by a majority of its members, criteria to identify 
        individuals who are serious habitual offenders as defined in 
        section 103(24).
            ``(4) Interagency information sharing agreement.--
                    ``(A) In general.--Each multidisciplinary agency 
                established under paragraph (2) shall adopt, by a 
                majority of its members, an interagency information 
                sharing agreement to be signed by the chief executive 
                officer of each organization and agency represented in 
                the multidisciplinary agency.
                    ``(B) Disclosure of information.--The interagency 
                information sharing agreement shall require that--
                            ``(i) all records pertaining to serious 
                        habitual offenders shall be kept confidential 
                        to the extent required by State law;
                            ``(ii) information in the records may be 
                        made available to other staff from member 
                        organizations and agencies as authorized by the 
                        multidisciplinary agency for the purposes of 
                        promoting case management, community 
                        supervision, conduct control, and tracking of 
                        the serious habitual offender for the 
                        application and coordination of appropriate 
                        services; and
                            ``(iii) access to the information in the 
                        records shall be limited to individuals who 
                        provide direct services to the serious habitual 
                        offender or who provide community conduct 
                        control and supervision to the serious habitual 
                        offender.

``SEC. 243. FORMULAS FOR GRANTS.

    ``Of the amount available for any fiscal year for grants under 
section 241--
            ``(1) 50 percent shall be allocated among the States that 
        meet the requirements of section 242(a), and
            ``(2) 50 percent shall be allocated among the States that 
        meet the requirements of both subsections (a) and (b) of 
        section 242,
proportionately on the basis of the number of residents of such States 
who are less than 18 years of age.

``SEC. 244. ACCOUNTABILITY.

    ``A State that receives a grant under section 241 shall use 
accounting, audit, and fiscal procedures that conform to guidelines 
prescribed by the Administrator, and shall ensure that any funds used 
to carry out section 241 shall represent the best value for the State 
at the lowest possible cost and employ the best available technology.

``SEC. 245. LIMITATION ON USE OF FUNDS.

    ``(a) Nonsupplanting Requirement.--Funds made available under 
section 241 shall not be used to supplant State funds, but shall be 
used to increase the amount of funds that would, in the absence of 
Federal funds, be made available from State sources.
    ``(b) Administrative and Related Costs.--Not more than 2 percent of 
the funds appropriated under section 291(c) for a fiscal year shall be 
available to the Administrator for such fiscal year for purposes of--
            ``(1) research and evaluation, including assessment of the 
        effect on public safety and other effects of the expansion of 
        correctional capacity and sentencing reforms implemented 
        pursuant to this part, and
            ``(2) technical assistance relating to the use of grants 
        made under section 241, and development and implementation of 
        policies, programs, and practices described in section 242.
    ``(b) Carryover of Appropriations.--Funds appropriated under 
section 291(c) shall remain available until expended.
    ``(c) Matching funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the costs of a proposal as 
described in an application approved under this part.''.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended to read as follows:

``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Office of Juvenile Crime Control.--There are authorized to be 
appropriated for each of the fiscal years 1997, 1998, 1999, 2000, and 
2001 such sums as may be necessary to carry out part A.
    ``(b) Block Grants for State and Local Programs.--There is 
authorized to be appropriated to carry out part B $250,000,000 for each 
of the fiscal years 1997, 1998, 1999, 2000, and 2001.
    ``(c) Incentive Grants for Accountability-Based Reforms.--There is 
authorized to be appropriated to carry out part C $250,000,000 for each 
of the fiscal years 1997, 1998, 1999, 2000, and 2001.
    ``(d) Source of Appropriations.--Funds authorized by this section 
to be appropriated may be appropriated from the Violent Crime Reduction 
Trust Fund.''.

SEC. 410. RELATED TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--Title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is 
amended--
            (1) in section 299A by striking ``this Act'' each place it 
        appears and inserting ``this title'',
            (2) by striking section 299C,
            (3) in section 299D--
                    (A) in subsection (b) by striking ``Except as 
                provided in the second sentence of section 222(c), 
                financial'' and inserting ``Financial'', and
                    (B) by striking subsection (d), and
            (4) by redesignating sections 299A, 299B, and 299D as 
        sections 292, 293, and 294, respectively.
    (b) Conforming Amendments.--(1) Section 5315 of title 5 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' and inserting ``Office of Juvenile Crime 
Control''.
    (2) Section 4315(b) of title 18 of the United States Code is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control''.
    (3) Subsections (a)(1) and (c) of section 3221 of title 39 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control''.
    (4) Section 663(f) of the Social Security Act is amended by 
striking ``Office of Juvenile Justice and Delinquency Prevention'' and 
inserting ``Office of Juvenile Crime Control''.
    (5) Sections 801(a)(1), 804, 805, and 813 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712, 3782, 3785, 
3786, 3789i) are amended by striking ``Office of Juvenile Justice and 
Delinquency Prevention'' each place it appears and inserting ``Office 
of Juvenile Crime Control''.
    (6) Sections 217 and 222 of the Victims of Child Abuse Act (42 
U.S.C. 13013, 13022) are amended by striking ``Office of Juvenile 
Justice and Delinquency Prevention'' each place it appears and 
inserting ``Office of Juvenile Crime Control''.

SEC. 411. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this 
title and the amendments made by this title shall take effect on the 
first day of the first fiscal year beginning after the date of the 
enactment of this title.
    (b) Application of Amendments.--The amendments made by this title 
shall not apply with respect to fiscal years beginning before the 
effective date of this title.
                                 <all>