[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Referred in Senate (RFS)]







105th CONGRESS
  1st Session
                                 H. R. 3


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1997

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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:

                                                ROBIN H. CARLE,

                                                                 Clerk.