[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Engrossed in House (EH)]
1st Session
H. R. 3
_______________________________________________________________________
AN ACT
To combat violent youth crime and increase accountability for juvenile
criminal offenses.
105th CONGRESS
1st Session
H. R. 3
_______________________________________________________________________
AN ACT
To combat violent youth crime and increase accountability for juvenile
criminal offenses.
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 ``Juvenile Crime Control Act of
1997''.
TITLE I--REFORMING THE FEDERAL JUVENILE JUSTICE SYSTEM
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--
``(A) the alleged offense or act of juvenile delinquency is
committed within the special maritime and territorial
jurisdiction of the United States and is one for which the
maximum authorized term of imprisonment does not exceed 6
months; or
``(B) the Attorney General, after investigation, certifies
to the appropriate United States district court that--
``(i) 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
``(ii) 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 or 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, and shall be open
to the public, except that the court may exclude all or some members of
the public, other than a victim unless the victim is a witness in the
determination of guilt or innocence, if required by the interests of
justice or if other good cause is shown. 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)(1) Except as provided in paragraph (2), a juvenile shall be
prosecuted as an adult--
``(A) if the juvenile has requested in writing upon advice
of counsel to be prosecuted as an adult; or
``(B) 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 violent felony or a
serious drug offense described in section 3559(c) of this
title, or a conspiracy or attempt to commit that felony or
offense, which is punishable under section 406 of the
Controlled Substances Act (21 U.S.C. 846), or section 1013 of
the Controlled Substances Import and Export Act (21 U.S.C.
963).
``(2) The requirements of paragraph (1) do not apply if the
Attorney General certifies to the appropriate United States district
court that the interests of justice are best served by proceeding
against the juvenile as a juvenile.
``(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 a juvenile after the
juvenile attained the age of 14 years would require that the juvenile
be prosecuted as an adult under subsection (b), upon approval of the
Attorney General.
``(2) The Attorney General shall not delegate the authority to give
the approval required under paragraph (1) to an officer or employee of
the Department of Justice at a level 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.
``(4) A juvenile may also be prosecuted as an adult if the juvenile
is alleged to have committed an act which is not described in
subsection (b)(1)(B) after the juvenile has attained the age of 14
years and which if committed by an adult would be--
``(A) a crime of violence (as defined in section
3156(a)(4)) that is a felony;
``(B) an offense described in section 844 (d), (k),
or (l), or subsection (a)(6), (b), (g), (h), (j), (k),
or (l) of section 924;
``(C) a violation of section 922(o) that is an
offense under section 924(a)(2);
``(D) a violation of section 5861 of the Internal
Revenue Code of 1986 that is an offense under section
5871 of such Code (26 U.S.C. 5871);
``(E) a conspiracy to commit an offense described
in any of subparagraphs (A) through (D); or
``(F) an offense described in section 401 or 408 of
the Controlled Substances Act (21 U.S.C. 841, 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), or an offense
punishable under section 409 or 419 of the Controlled
Substances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009 of the
Controlled Substances Import and Export Act (21 U.S.C.
952, 953, 955, or 959), or a conspiracy or attempt to
commit that offense which is punishable under section
1013 of the Controlled Substances Import and Export Act
(21 U.S.C. 963).
``(d) A determination to approve or not to approve, or to institute
or not to institute, a prosecution under subsection (b) or (c), and a
determination to file or not to file, and the contents of, a
certification under subsection (a) or (b) shall not be reviewable in
any court.
``(e) In a prosecution under subsection (b) or (c), 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) The Attorney General shall annually report to Congress--
``(1) the number of juveniles adjudicated delinquent or
tried as adults in Federal court;
``(2) the race, ethnicity, and gender of those juveniles;
``(3) the number of those juveniles who were abused or
neglected by their families, to the extent such information is
available; and
``(4) the number and types of assault crimes, such as rapes
and beatings, committed against juveniles while incarcerated in
connection with the adjudication or conviction.
``(g) 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 felony' has the same
meaning given that term 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)(A) by designating the 3 paragraphs as paragraphs (1),
(2), and (3), respectively; and
(B) by moving such designated paragraphs 2 ems to the
right; 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 who has attained the age of 16 years and who is
prosecuted pursuant to subsection (b) or (c) of section 5032, 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 16 years of age prosecuted pursuant to
subsection (b) or (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 16 years
of age prosecuted pursuant to subsection (b) or (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 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 the sanctions recommended pursuant to subsection (f), the
court shall impose an appropriate sanction, including the ordering of
restitution pursuant to section 3556 of this title. The court may order
the juvenile's parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and may issue
orders directed to such parent, guardian, custodian regarding conduct
with respect to the juvenile. 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 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 section 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)(1) The United States Sentencing Commission, in consultation
with the Attorney General, shall develop a list of possible sanctions
for juveniles adjudicated delinquent.
``(2) Such list shall--
``(A) be comprehensive in nature and encompass punishments
of varying levels of severity;
``(B) include terms of confinement; and
``(C) provide punishments that escalate in severity with
each additional or subsequent more serious delinquent
conduct.''.
(b) Effective Date.--The Sentencing Commission 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.
(c) Conforming Amendment to Adult Sentencing Section.--Section 3553
of title 18, United States Code, is amended by adding at the end the
following:
``(g) Limitation on Applicability of Statutory Minimums in Certain
Prosecutions of Persons Under the Age of 16.--Notwithstanding any other
provision of law, in the case of a defendant convicted for conduct that
occurred before the juvenile attained the age of 16 years, the court
shall impose a sentence without regard to any statutory minimum
sentence, if the court finds at sentencing, after affording the
Government an opportunity to make a recommendation, that the juvenile
has not been previously adjudicated delinquent for or convicted of an
offense described in section 5032(b)(1)(B).''.
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
delinquency 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, in the case of a deceased
victim, such victim's representative, 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 for an
act that, if committed by an adult, would be a felony or for a
violation of section 924(a)(6), the court shall transmit to the Federal
Bureau of Investigation the information concerning the adjudication,
including name, date of adjudication, court, offenses, and sentence,
along with the notation that the matter was a juvenile adjudication.
``(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. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.
(a) Elimination of Pronouns.--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) Updating of Reference.--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. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER 403.
The heading and 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 fingerprinting.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.
TITLE II--APPREHENDING ARMED VIOLENT YOUTH
SEC. 201. ARMED VIOLENT YOUTH 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 apprehension program consistent with
the following requirements:
(1) Each United States attorney shall designate at least 1
assistant United States attorney to prosecute, on either a
full- or part-time basis, armed violent youth.
(2) Each United States attorney shall establish an armed
youth criminal apprehension task force comprised of appropriate
law enforcement representatives. The task force shall develop
strategies for removing armed violent youth 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;
(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 bimonthly, 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 and the number of youths referred to a
State for prosecution for similar offenses.
(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 Defined.--As used in this section, the term
``armed violent youth'' 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 III--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION
INCENTIVE GRANTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Juvenile Accountability Block
Grants Act of 1997''.
SEC. 302. BLOCK GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as
follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to provide
grants to States, for use by States and units of local government, and
in certain cases directly to eligible units.
``(b) Authorized Activities.--Amounts paid to a State, a unit of
local government, or an eligible unit under this part shall be used by
the State, unit of local government, or eligible unit for the purpose
of promoting greater accountability in the juvenile justice system,
which includes--
``(1) building, expanding, renovating, or operating
temporary or permanent juvenile correction or detention
facilities, including training of correctional personnel;
``(2) developing and administering accountability-based
sanctions for juvenile offenders;
``(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding pre-trial
services for juveniles, to ensure the smooth and expeditious
administration of the juvenile justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and
backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively;
``(6) providing funding for technology, equipment, and
training to assist prosecutors in identifying and expediting
the prosecution of violent juvenile offenders;
``(7) providing funding to enable juvenile courts and
juvenile probation offices to be more effective and efficient
in holding juvenile offenders accountable and reducing
recidivism;
``(8) the establishment of court-based juvenile justice
programs that target young firearms offenders through the
establishment of juvenile gun courts for the adjudication and
prosecution of juvenile firearms offenders;
``(9) the establishment of drug court programs for
juveniles so as to provide continuing judicial supervision over
juvenile offenders with substance abuse problems and to provide
the integrated administration of other sanctions and services;
``(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile and
criminal justice system, schools, and social services agencies
to make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or criminal
acts; and
``(11) establishing and maintaining accountability-based
programs that work with juvenile offenders who are referred by
law enforcement agencies, or which are designed, in cooperation
with law enforcement officials, to protect students and school
personnel from drug, gang, and youth violence.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant under
this section, a State shall submit to the Attorney General an
application at such time, in such form, and containing such assurances
and information as the Attorney General may require by rule, including
assurances that the State and any unit of local government to which the
State provides funding under section 1803(b), has in effect (or will
have in effect not later than 1 year after the date a State submits
such application) laws, or has implemented (or will implement not later
than 1 year after the date a State submits such application) policies
and programs, that--
``(1) ensure that juveniles who commit an act after
attaining 15 years of age that would be a serious violent crime
if committed by an adult are treated as adults for purposes of
prosecution as a matter of law, or that the prosecutor has the
authority to determine whether or not to prosecute such
juveniles as adults;
``(2) impose sanctions on juvenile offenders for every
delinquent or criminal act, or violation of probation, ensuring
that such sanctions escalate in severity with each subsequent,
more serious delinquent or criminal act, or violation of
probation, including such accountability-based sanctions as--
``(A) restitution;
``(B) community service;
``(C) punishment imposed by community
accountability councils comprised of individuals from
the offender's and victim's communities;
``(D) fines; and
``(E) short-term confinement;
``(3) establish at a minimum a system of records relating
to any adjudication of a juvenile who has a prior delinquency
adjudication and who is adjudicated delinquent for conduct that
if committed by an adult would constitute a felony under
Federal or State law which is a system equivalent to that
maintained for adults who commit felonies under Federal or
State law; and
``(4) ensure that State law does not prevent a juvenile
court judge from issuing a court order against a parent,
guardian, or custodian of a juvenile offender regarding the
supervision of such an offender and from imposing sanctions for
a violation of such an order.
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government shall provide such
assurances to the State as the State shall require, that, to
the maximum extent applicable, the unit of local government has
laws or policies and programs which--
``(A) ensure that juveniles who commit an act after
attaining 15 years of age that would be a serious
violent crime if committed by an adult are treated as
adults for purposes of prosecution as a matter of law,
or that the prosecutor has the authority to determine
whether or not to prosecute such juveniles as adults;
``(B) impose a sanction for every delinquent or
criminal act, or violation of probation, ensuring that
such sanctions escalate in severity with each
subsequent, more serious delinquent or criminal act, or
violation of probation; and
``(C) ensure that there is a system of records
relating to any adjudication of a juvenile who is
adjudicated delinquent for conduct that if committed by
an adult would constitute a felony under Federal or
State law which is a system equivalent to that
maintained for adults who commit felonies under Federal
or State law.
``(2) Special rule.--The requirements of paragraph (1)
shall apply to an eligible unit that receives funds from the
Attorney General under section 1803, except that information
that would otherwise be submitted to the State shall be
submitted to the Attorney General.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part, the Attorney General shall
allocate--
``(A) 0.25 percent for each State; and
``(B) of the total funds remaining after the
allocation under subparagraph (A), to each State, an
amount which bears the same ratio to the amount of
remaining funds described in this subparagraph as the
population of people under the age of 18 living in such
State for the most recent calendar year in which such
data is available bears to the population of people
under the age of 18 of all the States for such fiscal
year.
``(2) Proportional reduction.--If amounts available to
carry out paragraph (1)(A) for any payment period are
insufficient to pay in full the total payment that any State is
otherwise eligible to receive under paragraph (1)(A) for such
period, then the Attorney General shall reduce payments under
paragraph (1)(A) for such payment period to the extent of such
insufficiency. Reductions under the preceding sentence shall be
allocated among the States (other than States whose payment is
determined under paragraph (2)) in the same proportions as
amounts would be allocated under paragraph (1) without regard
to paragraph (2).
``(3) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or by
the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.--
``(1) In general.--Each State which receives funds under
subsection (a)(1) in a fiscal year shall distribute not less
than 75 percent of such amounts received among units of local
government, for the purposes specified in section 1801. In
making such distribution the State shall allocate to such units
of local government an amount which bears the same ratio to the
aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) two-thirds; multiplied by
``(II) the average law enforcement
expenditure for such unit of local government
for the 3 most recent calendar years for which
such data is available; plus
``(ii) the product of--
``(I) one-third; multiplied by
``(II) the average annual number of part 1
violent crimes in such unit of local government
for the 3 most recent calendar years for which
such data is available, bears to--
``(B) the sum of the products determined under subparagraph
(A) for all such units of local government in the State.
``(2) Expenditures.--The allocation any unit of local
government shall receive under paragraph (1) for a payment
period shall not exceed 100 percent of law enforcement
expenditures of the unit for such payment period.
``(3) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (2) shall be available to other units of
local government that are not affected by such operation in
accordance with this subsection.
``(c) Unavailability of Data for Units of Local Government.--If the
State has reason to believe that the reported rate of part 1 violent
crimes or law enforcement expenditure for a unit of local government is
insufficient or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or law enforcement
expenditure for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $5,000.--If under
this section a unit of local government is allocated less than $5,000
for a payment period, the amount allotted shall be expended by the
State on services to units of local government whose allotment is less
than such amount in a manner consistent with this part.
``(e) Direct Grants to Eligible Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of the
allocation that the State would have received under subsection
(a) for such fiscal year to provide grants to eligible units
which meet the requirements for funding under subsection (b).
``(2) Award basis.--In addition to the qualification
requirements for direct grants for eligible units the Attorney
General may use the average amount allocated by the States to
like governmental units as a basis for awarding grants under
this section.
``SEC. 1804. REGULATIONS.
``The Attorney General shall issue regulations establishing
procedures under which an eligible State or unit of local government
that receives funds under section 1803 is required to provide notice to
the Attorney General regarding the proposed use of funds made available
under this part.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay each
State or unit of local government that receives funds under section
1803 that has submitted an application under this part not later than--
``(1) 180 days after the date that the amount is available,
or
``(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c),
whichever is later.
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts appropriated under
this part, a State shall repay to the Attorney General, by not
later than 27 months after receipt of funds from the Attorney
General, any amount that is not expended by the State within 2
years after receipt of such funds from the Attorney General.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States.
``(c) Administrative Costs.--A State, unit of local government or
eligible unit that receives funds under this part may use not more than
10 percent of such funds to pay for administrative costs.
``(d) Nonsupplanting Requirement.--Funds made available under this
part to States, units of local government, or eligible units shall not
be used to supplant State or local funds as the case may be, but shall
be used to increase the amount of funds that would, in the absence of
funds made available under this part, be made available from State or
local sources, as the case may be.
``(e) Matching Funds.--The Federal share of a grant received under
this part may not exceed 90 percent of the costs of a program or
proposal funded under this part.
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may be
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section
1801(a)(2).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State that receives funds under this part
shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part; and
``(2) use amounts in the trust fund (including interest)
during a period not to exceed 2 years from the date the first
grant payment is made to the State;
``(3) designate an official of the State to submit reports
as the Attorney General reasonably requires, in addition to the
annual reports required under this part; and
``(4) spend the funds only for the purposes under section
1801(b).
``(b) Title I Provisions.--The administrative provisions of part H
shall apply to this part and for purposes of this section any reference
in such provisions to title I shall be deemed to include a reference to
this part.
``SEC. 1808. DEFINITIONS.
``For the purposes of this part:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
unit of local government as determined by the Secretary
of Commerce for general statistical purposes; and
``(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental
duties and powers.
``(2) The term `eligible unit' means a unit of local
government which may receive funds under section 1803(e).
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam, and
the Northern Mariana Islands shall be considered as 1 State and
that, for purposes of section 1803(a), 33 percent of the
amounts allocated shall be allocated to American Samoa, 50
percent to Guam, and 17 percent to the Northern Mariana
Islands.
``(4) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `law enforcement expenditures' means the
expenditures associated with police, prosecutorial, legal, and
judicial services, and corrections as reported to the Bureau of
the Census for the fiscal year preceding the fiscal year for
which a determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``(7) The term `serious violent crime' means murder,
aggravated sexual assault, and assault with a firearm.
``SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 1998;
``(2) $500,000,000 for fiscal year 1999; and
``(3) $500,000,000 for fiscal year 2000.
``(b) Oversight Accountability and Administration.--Not more than 1
percent of the amount authorized to be appropriated under subsection
(a), with such amounts to remain available until expended, for each of
the fiscal years 1998 through 2000 shall be available to the Attorney
General for studying the overall effectiveness and efficiency of the
provisions of this part, assuring compliance with the provisions of
this part, and for administrative costs to carry out the purposes of
this part. The Attorney General shall establish and execute an
oversight plan for monitoring the activities of grant recipients.
``(c) Funding Source.--Appropriations for activities authorized in
this part may be made from the Violent Crime Reduction Trust Fund.''.
(b) Clerical Amendments.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by
striking the item relating to part R and inserting the following:
``Part R--Juvenile Accountability Block Grants
``Sec. 1801. Program authorized.
``Sec. 1802. Grant eligibility.
``Sec. 1803. Allocation and distribution of funds.
``Sec. 1804. Regulations.
``Sec. 1805. Payment requirements.
``Sec. 1806. Utilization of private sector.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Definitions.
``Sec. 1809. Authorization of appropriations.''.
TITLE IV--SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY GRANTS
SEC. 401. SPECIAL PRIORITY.
Section 517 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end the following:
``(c) Special Priority.--In awarding discretionary grants under
section 511 to public agencies to undertake law enforcement initiatives
relating to gangs, or to juveniles who are involved or at risk of
involvement in gangs, the Director shall give special priority to a
public agency that includes in its application a description of
strategies, either in effect or proposed, providing for cooperation
between local, State, and Federal law enforcement authorities to
disrupt the illegal sale or transfer of firearms to or between
juveniles through tracing the sources of crime guns provided to
juveniles.''.
TITLE V--GRANT REDUCTION
SEC. 501. PARENTAL NOTIFICATION.
(a) Grant Reduction for Noncompliance.--Section 506 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by
adding at the end the following:
``(g) Information Access.--
``(1) In general.--The funds available under this subpart
for a State shall be reduced by 20 percent and redistributed
under paragraph (2) unless the State--
``(A) submits to the Attorney General, not later
than 1 year after the date of the enactment of the
Juvenile Crime Control Act of 1997, a plan that
describes a process to notify parents regarding the
enrollment of a juvenile sex offender in an elementary
or secondary school that their child attends; and
``(B) adheres to the requirements described in such
plan in each subsequent year as determined by the
Attorney General.
``(2) Redistribution.--To the extent approved in advance in
appropriations Acts, any funds available for redistribution
shall be redistributed to participating States that have
submitted a plan in accordance with paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
Passed the House of Representatives May 8, 1997.
Attest:
Clerk.