House Report 105-86 - JUVENILE CRIME CONTROL ACT OF 1997

[House Report 105-86]
[From the U.S. Government Publishing Office]

105th Congress Report
HOUSE OF REPRESENTATIVES

1st Session 105-86
_______________________________________________________________________

JUVENILE CRIME CONTROL ACT OF 1997

_______

May 1, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______________________________________________________________________

Mr. McCollum, from the Committee on the Judiciary, submitted the
following

R E P O R T

together with

ADDITIONAL AND DISSENTING VIEWS

[To accompany H.R. 3]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill
(H.R. 3) to combat violent youth crime and increase
accountability for juvenile criminal offenses, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.

CONTENTS

Page
Purpose and Summary.............................................. 00
Background and Need for Legislation.............................. 14
Hearings......................................................... 15
Committee Consideration.......................................... 18
Vote of the Committee............................................ 18
Committee Oversight Findings..................................... 30
Committee on Government Reform and Oversight Findings............ 30
New Budget Authority and Tax Expenditures........................ 31
Congressional Budget Office Estimate............................. 31
Constitutional Authority Statement............................... 32
Section-by-Section Analysis and Discussion....................... 32
Agency Views..................................................... 42
Changes in Existing Law Made by the Bill, as Reported............ 45
Additional and Dissenting Views.................................. 69

The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

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 public safety 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 maydesignate. 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 Director of the Bureau of Justice Assistance
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 or operating temporary or permanent
juvenile correction or detention facilities;
``(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 Director an application at
such time, in such form, and containing such assurances and information
as the Director 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 Director
under section 1803, except thatinformation that would otherwise
be submitted to the State shall be submitted to the Director.

``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

``(a) State Allocation.--
``(1) In general.--In accordance with regulations promulgated
pursuant to this part, the Director 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 Director 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 Director 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 Director, the Director
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 Director
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 Director 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 Director
regarding the proposed use of funds made available under this part.

``SEC. 1805. PAYMENT REQUIREMENTS.

``(a) Timing of Payments.--The Director 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) 90 days after the date that the amount is available, or
``(2) the first day of the payment period if the State has
provided the Director 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 Director, by not later
than 27 months after receipt of funds from the Director, any
amount that is not expended by the State within 2 years after
receipt of such funds from the Director.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Director shall reduce payment
in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Director 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
one 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 Director 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 `Director' means the Director of the Bureau of
Justice Assistance.

``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 Director
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
Director 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.''.

Purpose and Summary

H.R. 3, the ``Juvenile Crime Control Act of 1997,'' is
intended to strengthen the already existing federal juvenile
justice system and to help States and localities restore
accountability to their juvenile justice systems. The bill
consists of three titles.

Title I: Reforming the Federal Juvenile Justice System

Section 5302 of title 18, United States Code, contains
certain procedural barriers to prosecuting dangerous juvenile
criminals whose offenses fall within federal jurisdiction, as
well as out-dated restrictions on federal juvenile delinquency
proceedings. Title I reforms and strengthens the already
existing federal juvenile justice system, with the aim of
providing a model system for the States. Title I includes the
following provisions:
A presumption in favor of adult prosecution (at the
discretion of the prosecutor) for a juvenile 14 or
older who is not handed over to State authorities and
who commits a federal serious violent felony or a
federal serious drug offense;
Optional adult prosecution of a juvenile 13 or older
who commits a federal violent crime or a federal drug
offense;
Optional juvenile proceedings for a youth accused of
delinquency;
Greater flexibility regarding where a juvenile
offender may be confined pre- and post-conviction,
while maintaining current adult/juvenile offender
separation requirements;
Preservation of and public access to juvenile
criminal records;
Fingerprinting and photographing of juvenile
criminals; and
A wider range of sanctions for juveniles adjudicated
delinquent.

Title II: Apprehending Armed Violent Youth

Title II directs the Attorney General to establish within 6
months after enactment of the bill an ``armed violent youth
apprehension program.'' Elements of the program include--(1)
the designation of at least one federal prosecutor in every
U.S. attorney's office to prosecute federal laws pertaining to
armed violent youth; (2) a requirement that every U.S. attorney
establish a task force within his or her federal district to
coordinate with State and local law enforcement the
apprehension of armed violent youth; (3) bimonthly reports from
U.S. attorneys concerning the number of armed violent youth
arrested and prosecuted; and (4) semiannual reports from the
Attorney General to the Congress summarizing the information
received from the U.S. attorneys.

Title III: Accountability for Juvenile Offenders and Public Protection
Incentive Grants

Title III authorizes the Director of the Bureau of Justice
Assistance (BJA) of the U.S. Department of Justice to provide
grants to States and localities for the purpose of promoting
greater accountability in the juvenile justice system. Grants
are provided to support the following activities:
(1) building, expanding or operating juvenile
detention and corrections facilities;
(2) developing and administering accountability-based
sanctions for juvenile offenders;
(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders to promote the
efficient and expeditious administration of juvenile
justice;
(4) hiring additional prosecutors to target violent
juvenile offenders;
(5) providing funding to enable prosecutors to
address drug, gang, and youth violence 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
probation offices to be more effective and efficient in
holding juvenile offenders accountable;
(8) establishing 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) establishing drug court programs for juvenile
offenders;
(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social
services agencies to identify, control, supervise and
treat serious juvenile offenders;
(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.
The title authorizes $500 million a year over three years
(fiscal years 1998-2000) to be provided to eligible States and
localities that have in effect (or will have in effect within 1
year) laws, 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) provide a system of graduated sanctions for
juvenile offenders, ensuring a sanction for every
delinquent or criminal act, and escalating the sanction
with each subsequent, more serious delinquent or
criminal act;
(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 would be felony if
committed by adults which is a system equivalent to
that maintained for adults who commit felonies; and
(4) ensure that state law does not prevent a juvenile
court judge from issuing a court order against a parent
or guardian of a juvenile offender regarding the
supervision of such an offender and from imposing
sanctions for a violation of such an order.
The title requires that 75 percent of the funding received
by a State be provided to localities to be used to promote
accountability in their juvenile justice systems. This pass-
through provision is intended to provide maximum resources to
county governments in particular, which bear the largest burden
in the administration of juvenile justice systems. Similar to
the 1996 truth-in-sentencing legislation for the States, the
accountability incentive grants would encourage the States and
localities to enact accountability-based juvenile crime
reforms, and provide much needed assistance to the growing
number of States and localities that have already enacted such
reforms.

Background and Need for the Legislation

Throughout the United States today, State and local
juvenile justice systems are failing to hold juvenile offenders
accountable for their wrongdoing. The statistics describe a
juvenile justice system in collapse.
Only 10 percent of violent juvenile offenders--those who
commit murder, rape, robbery, and assault--receive any sort of
secure confinement. Rates of secure confinement for violent
juveniles are the same as they were in 1985 and have actually
decreased in the last four years. Many juveniles receive no
punishment at all: Nearly 40 percent of violent juvenile
offenders who come into contact with the justice system have
their cases dismissed. By the time the courts finally lock up
an older teenager on a violent crime charge, the offender often
has a long rap sheet with arrests starting in the early teens.
According to the Justice Department, 43 percent of juveniles in
state institutions had more than five prior arrests, and 20
percent had been arrested more than 10 times. Approximately
four-fifths of these offenders had previously been on
probation, and three-fifths had been committed to a
correctional facility at least once in the past.
The average length of institutionalization for a juvenile
who has committed a violent crime is only 353 days. When
encounters with the juvenile justice system teach juvenile
offenders that they are not accountable for their wrongdoing,
the system is broken. And perhaps never before has there been a
greater need for the juvenile justice system to be working
effectively than now. Nationally, according to the FBI, if
trends continue as they have over the past 10 years, juvenile
arrests for violent crime will more than double by the year
2010. The FBI predicts that juveniles arrested for murder will
increase 145 percent; forcible rape arrests will increase 66
percent; and aggravated assault arrests will increase 129
percent.
In America today no population poses a larger threat to
public safety than juvenile criminals. Teenagers account for
the largest portion of all violent crime in America. Older
teenagers--ages 17-19--are the most violent of all age groups:
more murder and robbery is committed by 18-year-old males than
any other group, and more than one-third of all murders are
committed by offenders under the age of 21. The number of
juveniles arrested for weapons offenses has more than doubled
in the last ten years. Almost one-fourth of all those arrested
for weapons offenses in 1993 were under the age of 18. Between
1965 and 1992, the number of 12-year-olds arrested for violent
crime rose 211 percent; the number of 13- and 14-year-olds rose
301 percent; and the number of 15-year-olds rose 297 percent.
Importantly, this dramatic increase in youth crime has
occurred in the midst of a declining youth population, a trend
soon to change. In the final years of this decade and
throughout the next, America will experience a population surge
made up of the children of today's aging baby boomers. Today's
enormous cohort of five-year-olds will be tomorrow's teenagers.
This is ominous news, given that more violent crime is
committed by older juveniles (those 15-19 years of age) than by
any other age group. At the same time, youth drug use is rising
rapidly. The confluence of these trends portends the
possibility of an unprecedented period of violent youth crime.
During the Spring and Summer of 1996, The Subcommittee on
Crime held six regional forums on juvenile crime around the
country. More than 40 States were represented at these forums
by State, city and county officials involved in the
administration of juvenile justice. The participants included
attorneys general, juvenile court judges, directors of public
safety, sheriffs, and directors of probation. The Subcommittee
received extensive testimony regarding the failure of the
juvenile justice system to hold juvenile offenders accountable
and the problems of increasing juvenile violence.
In response to the testimony presented at the
Subcommittee's six violent youth crime meetings, on June 4,
1996, Chairman McCollum introduced H.R. 3565, the ``Violent
Youth Crime Act of 1996.''
On July 16, 1996, H.R. 3565 was discharged from further
consideration by the Subcommittee. On July 16 and 17, 1996, and
on August 1 and 2, 1996, the full Committee held a mark-up of
H.R. 3565. No further action was taken on H.R. 3565 or any
juvenile justice reform bill in the 104th Congress.
On January 7, 1997, Chairman McCollum introduced H.R.3, the
``Juvenile Crime Control Act of 1997.''

Hearings

The Committee's Subcommittee on Crime held two days of
hearings on H.R. 3 and related bills, H.R. 278 and H.R. 810. On
February 25, 1997, the Subcommittee on Crime conducted a joint
hearing with the Subcommittee on Early Childhood, Youth and
Families of the Committee on Education and the Workplace to
examine current juvenile crime proposals, primarily focusing on
the Administration's proposal, H.R. 810, the ``Anti-Gang and
Youth Violence Act of 1997.'' Attorney General Janet Reno was
the only witness.
On March 20, 1997, the Subcommittee on Crime held a hearing
on reforming juvenile crime in America. The first panel of
witnesses was composed of several juvenile justice system
practitioners, including: Ms. Patricia West, Secretary of
Public Safety, from the Commonwealth of Virginia; Judge David
Grossman, Hamilton County Juvenile Court, in Cincinnati, Ohio,
and past President of the National Council of Juvenile and
Family Court Judges; Mr. Eric Joy, Director of the Allegheny
County, Pennsylvania, Juvenile Court; Ms. Barbara O'Connor, a
federal public defender from Los Angeles, California, and
Special Counsel, U.S. Sentencing Commission; and Chief David
Walchak, Chief of Police of the Concord, New Hampshire, Police
Department, and past President of the International Association
of Chiefs of Police. The second panel of witnesses was composed
of community leaders who work with delinquent youth, including:
Sergeant Roger Redd, Director of the Cumberland County Physical
Training Program, and Bailiff of the Cumberland County
Sheriff's Office in North Carolina; Mr. Richard Green, Director
of the Crown Heights Youth Collective, Inc. in New York; and
Mr. Peter Jackson, Director, Alliance of Concerned Men of
Washington, D.C., and Deputy Warden of the Lorton Youth Center.
In addition to the hearings held in the 105th Congress, the
Subcommittee on Crime held several meetings related to juvenile
crime during the 104th Congress. Importantly, the Subcommittee
held a series of regional forums across the country to examine
the current and future magnitude of violent youth crime, and
much needed juvenile justice reforms. In particular, the forums
were designed to determine how Congress might help states and
localities as they respond to the crisis of youth crime. Law
enforcement leaders from all fifty states were invited to
participate in the regional crime forum in their area. The
forums were held in six cities: Philadelphia, Pennsylvania;
Atlanta, Georgia; Chicago, Illinois; Boston, Massachusetts;
Dallas, Texas; and San Francisco, California.
Participants in the Mid-Atlantic Regional Forum in
Philadelphia, Pennsylvania, on March 26, 1996, included: Mr.
Tom Corbett, Attorney General, Pennsylvania; Ms. Mary Woolley,
Director, Criminal Justice Policy, Pennsylvania; Ms. Lynne
Abraham, District Attorney, Philadelphia, Pennsylvania; Mr.
Joseph Curran, Jr., Attorney General, Maryland; Mr. Stuart
Simms, Secretary, Department of Juvenile Justice, Maryland; Mr.
Terrence Farley, Director of the Division of Criminal Justice,
New Jersey; Mr. Paul Donnely, Executive Director of Juvenile
Justice Commission, New Jersey; Ms. Jane Brady, Attorney
General, Delaware; Mr. Paul Shechtman, Director of Criminal
Justice, New York; Mr. Richard Costello, President,
Philadelphia Fraternal Order of Police; Mr. Kenneth Rocks, Vice
President, Philadelphia Fraternal Order of Police; Mr. John
DiIulio, Professor, Princeton University; and Mr. Adam
Walinsky, President, Center for Research on Institutions and
Social Policy.
Participants in the Southern Regional Forum in Atlanta,
Georgia, on April 10, 1996, included: The Honorable Michael
Bowers, Attorney General, Georgia; the Honorable Jeff Sessions,
Attorney General, Alabama; the Honorable Charles Condon,
Attorney General, South Carolina; Ms. Flora Boyd, Director of
Juvenile Justice, South Carolina; Mr. Jerry Kilgore, Secretary
of Public Safety, Virginia; Ms. Patricia West, Director of
Juvenile Justice, Virginia; Mr. Tim Moore, Commissioner,
Department of Law Enforcement, Florida; Mr. Calvin Ross,
Secretary, Department of Juvenile Justice, Florida; Mr. Bill
Berger, Chief of Police, North Miami Beach, Florida, and Vice-
President, International Association of Chiefs of Police; Mr.
Albert Murray, Deputy Commissioner, Department of Youth
Development, Tennessee; Mr. Pat Flynn, Assistant Attorney
General, Mississippi.
Participants in the South Western Regional Forum in Dallas,
Texas on May 28, 1996, included: The Honorable Dan Morales,
Attorney General, Texas; Mr. Drew Durham, Deputy Attorney
General for Criminal Justice, Texas; Mr. Tony Fabelo, Executive
Director, Criminal Justice Policy Council, Texas; Mr. Ben
Click, Chief, Dallas Police Department, Texas; Judge Jim
Farris, District Court Judge, and Former President, National
Juvenile Judges Committee, Texas; Judge Eric Andell, First
Court of Appeals Judge, and Commissioner, Texas Juvenile
Probation Commission, Texas; Mr. Jimmy Dotson, Assistant Chief,
Houston Police Department, Texas; Mr. Drew Edmondson, Attorney
General, Oklahoma; Mr. Ken Lackey, Secretary, Department of
Health and Human Services, and Executive Director, Office of
Juvenile Affairs, Oklahoma; Mr. Carla Stoval, Attorney General,
Kansas; Mr. Charles Simmons, Secretary, Department of
Corrections, Kansas; Mr. Richard Stalder, Secretary, Department
of Public Safety and Corrections, Louisiana; Mr. John Bailey,
Director, Arkansas State Police, Arkansas; Mr. Darren White,
Secretary, Department of Public Safety, New Mexico; Mr. Jerry
Adamek, Director, Office of Youth Services, Colorado.
Participants in the New England Forum in Boston,
Massachusetts on June 7, 1996, included: Ms. Norah Wylie,
Deputy Chief Attorney General, Family and Community Crimes
Bureau, Massachusetts; Mr. William O'Leary, Commissioner,
Department of Youth Services, Massachusetts; Mr. Ralph Martin,
District Attorney, Suffolk County, Massachusetts; Judge John
Corbett, Judge, Plymouth Juvenile Court, former Assistant
District Attorney, Norfolk County, Massachusetts; Judge Julian
Houston, Judge, Superior Court, Massachusetts; Mr. Jonathan
Petuchowski, Director, Committee on Criminal Justice,
Department of Public Safety, Massachusetts; Mr. Jay Blitzman,
Director, Roxbury Defenders Unit, Massachusetts; Mr. James Fox,
Dean, Northeastern College of Criminal Justice, Massachusetts;
Mr. Andrew Ketterer, Attorney General, Maine; Mr. William
Young, Commissioner, Department of Social and Rehabilitative
Services, Vermont; Ms. Angela Bucci, Assistant Attorney
General, Juvenile Prosecution Unit Chief, Rhode Island; Mr.
Joseph Mastrangelo, Assistant Director, Child Protective
Services, Rhode Island; Mr. Richard Covello, Commander, State
Bureau of Criminal Investigations, Connecticut; Ms. Linda
D'Amario Rossi, Commissioner, Department Children and Families,
Connecticut; Mr. John Kissinger, Assistant Attorney General,
Criminal Justice Bureau, New Hampshire.
Participants in the Mid-Western Regional Forum in Chicago,
Illinois, on June 24, 1996 included: Mr. Jim Ryan, Attorney
General, Illinois; Ms. Andrea Zopp, First Assistant States
Attorney, Illinois; Mr. Patrick Murphy, Cook County Public
Guardian, Illinois; Mr. John Platt, Administrator, Juvenile
Division, Department of Corrections, Illinois; Judge James
Knecht, Judge, Illinois Appellate Court, Illinois; Judges
William Hibbler, Presiding Judge, Juvenile Justice Division,
Illinois; Ms. Heidi Heitkamp, Attorney General, North Dakota;
Ms. Traci Sanders, Assistant Attorney General, Missouri; Ms.
Lisa Smith, Director, Office of Juvenile Justice, Department of
Public Safety, Missouri; Mr. Don Davis, Commissioner,
Department of Public Safety, Minnesota; Mr. Mike Sullivan,
Secretary, Department of Corrections, Wisconsin; Ms. Catherine
O'Connor, Executive Director, Criminal Justice Institute,
Indiana; Mr. Richard Moore, Director, Criminal & Juvenile
Justice Planning Agency, Iowa; Ms. Carol Rapp Zimmermann,
Assistant Director, Department of Youth Services, Ohio; Mr. Tom
Ginster, Family Independence Agency, Michigan; Mr. Jon Hill,
Director, Office of Juvenile Services, Nebraska.
Participants in the Western Regional Forum in San
Francisco, California, on July 1, 1996, included: The Honorable
Daniel Lungren, Attorney General, California; the Honorable
Frankie Sue Del Papa, Attorney General, Nevada; Mr. Joe Albo,
Director of Public Safety, Arizona; Mr. Joe Sandoval, Secretary
of the California Youth and Adult Corrections Agency; Mr. Frank
Alarcon, Director, California Youth Authority; Mr. Greg Peden,
Director, Criminal Justice Services, Oregon Department of Law
Enforcement; Mr. Rick Hill, Director, Oregon Youth Authority;
Mr. Gerard Sidorowicz, Assistant Secretary, Juvenile
Rehabilitation Administration, Department of Social and Health
Services, Washington; Mr. John MacDonald, Office of Attorney
General Grant Woods, Arizona; and Mr. Steve Shaw, Department of
Human Resources, Office of Governor Miller, Nevada.
In addition to the Regional Crime Forums the Subcommittee
on Crime held a hearing on juvenile crime proposals introduced
in the 104th Congress. On June 27, 1996, the Subcommittee on
Crime held a hearing on H.R. 3565, the ``Violent Youth Predator
Act,'' introduced by Mr. McCollum, and H.R. 3445, the
``Balanced Juvenile Justice and Crime Prevention Act of 1996,''
which was introduced by Mr. Schumer. The Subcommittee heard
testimony from four witnesses, all of whom were victimized by
repeat, violent juvenile offenders. They included: Ms. Patricia
Thomas, Fairfax, Virginia; Ms. Kathy Trammel, Manassas,
Virginia; Mr. Thomas Wallace, Hampton, Virginia; and Ms. Linda
Clark from Flint, Michigan. Other witnesses for the hearing
included: Ms. Karen Schrier, U.S. Attorney, District of South
Dakota, and Chair of the Juvenile Justice Subcommittee of the
Attorney General's Advisory Committee; Mr. Charles Wilson, U.S.
Attorney with the Middle District of Florida; The Honorable
Jeff Sessions, Attorney General for the State of Alabama;
Justice Elizabeth Weaver, Michigan Supreme Court, Mr. Richard
Cullen, former U.S. Attorney, Eastern District of Virginia; Mr.
Kevin Beary, Sheriff, Orange County, Florida; Mr. Jim Wootton,
President, Safe Streets Alliance; Mr. Scott Newman, Prosecuting
Attorney, Marion County, Indiana; Judge Sandra Strom, Family
Court, Birmingham, Alabama; Mr. Peter Greenwood, Director,
Criminal Justice Analysis, RAND Corporation, Mr. Santa Monica,
California; Ms. Jo Ann Wallace, Director, Public Defender
Service, District of Columbia, and Ms. Ellen Halbert, Vice
Chair, Texas Board of Criminal Justice, Austin, Texas.

Committee Consideration

On April 24, 1997, and April 29, 1997, the Committee met in
open session and ordered reported favorably the bill H.R. 3, as
amended, by a recorded vote of 15 to 9, a quorum being present.

Vote of the Committee

The Committee considered the following amendments with
recorded votes:
Mr. Conyers and Mr. Schumer offered an amendment in the
nature of a substitute containing selected provisions from the
Administration's juvenile crime bill, H.R. 810. The amendment
was defeated 7 to 17.

ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... X ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... X ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... ............... ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... X ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. X ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... ............... ............... Present
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... ............... ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 7 17 ...............
----------------------------------------------------------------------------------------------------------------

Ms. Jackson Lee offered an amendment to eliminate a
presumption for prosecuting certain juveniles as adults. The
amendment was defeated 11 to 17.

ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... X ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... ............... ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. X ............... ...............
Mr. Berman................................................... X ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... X ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... X ...............
Mr. Rothman.................................................. ............... X ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 11 17 ...............
----------------------------------------------------------------------------------------------------------------

Ms. Waters offered two amendments en bloc to Title I which
sought to strike the word ``unreasonable'' in the provision of
the bill requiring that certain juveniles be ``taken before a
judicial officer without unreasonable delay'' and to strike the
word ``reasonable'' in the provision requiring that the
arresting officer ``promptly take reasonable steps to notify''
the parents of juveniles taken into custody. The amendment was
defeated 7 to 17.

ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... X ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... ............... ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... ............... ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... X ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. ............... X ...............
Ms. Jackson Lee.............................................. ............... ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... ............... X ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... X ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 7 17 ...............
----------------------------------------------------------------------------------------------------------------

Mr. McCollum moved to lay on the table the appeal of the
ruling of the chair regarding the germaness of an amendment by
Mr. Schumer regarding locking devices for firearms. The motion
was carried 10 to 9.

ROLLCALL NO. 4
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. X ............... ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... X ............... ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... X ............... ...............
Mr. Inglis................................................... ............... ............... ...............
Mr. Goodlatte................................................ X ............... ...............
Mr. Buyer.................................................... ............... ............... ...............
Mr. Bono..................................................... X ............... ...............
Mr. Bryant (TN).............................................. X ............... ...............
Mr. Chabot................................................... X ............... ...............
Mr. Barr..................................................... X ............... ...............
Mr. Jenkins.................................................. ............... ............... ...............
Mr. Hutchinson............................................... X ............... ...............
Mr. Pease.................................................... ............... ............... ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. ............... ............... ...............
Mr. Frank.................................................... ............... X ...............
Mr. Schumer.................................................. ............... X ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... ............... X ...............
Mr. Watt..................................................... ............... X ...............
Ms. Lofgren.................................................. ............... X ...............
Ms. Jackson Lee.............................................. ............... X ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... ............... X ...............
Mr. Delahunt................................................. ............... X ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. ............... X ...............
Mr. Hyde, Chairman........................................... X ............... ...............
--------------------------------------------------
Total.................................................. 10 9 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Schumer offered three amendments en bloc which sought
to: (1) strike Title III concerning Juvenile Accountability
Incentive Grants and replace it with a block grant program
which required units of local government to spend not less than
50 percent of their funding on prevention programs; (2) amend
the 1994 Crime Bill regarding Truth-In-Sentencing Grants to
alter the percentage of available prison funds for jail
construction; and (3) add a new title establishing after-school
prevention programs. The en bloc amendment was defeated 10 to
11.

ROLLCALL NO. 5
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... X ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... ............... ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... ............... ...............
Mr. Bono..................................................... ............... ............... ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... ............... ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. ............... ............... ...............
Mr. Frank.................................................... X ............... ...............
Mr. Schumer.................................................. X ............... ...............
Mr. Berman................................................... X ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 10 11 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Schumer offered an amendment to create a grant program
for prosecutors to target gangs and violent juveniles. The
amendment was defeated 6 to 20.

ROLLCALL NO. 6
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... X ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... X ...............
Mr. Conyers.................................................. ............... X ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. X ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... ............... X ...............
Mr. Watt..................................................... ............... X ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. ............... ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... X ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 6 20 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Delahunt offered an amendment to Title III which would
strike provisions which require States and local governments to
provide assurances that they are able to prosecute certain
violent juvenile offenders as adults in order to receive block
grants. The amendment was defeated 8 to 16.

ROLLCALL NO. 7
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... X ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... X ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. ............... ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 8 16 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Hutchinson offered an amendment to Title III which
would amend the requirement that States and units of local
government provide assurances regarding record-keeping of
certain juvenile offenders. The amendment was adopted by voice
vote.
Mr. Meehan introduced an amendment to Title III which would
require States and units of local government to provide
assurances that they are reporting to the Secretary of the
Treasury information on guns seized from juveniles by law
enforcement in order to receive grant funds. The amendment was
defeated 6 to 17.

ROLLCALL NO. 8
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... X ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... X ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... ............... ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... X ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. ............... ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. ............... ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 6 17 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Watt offered two amendments en bloc which sought to:
(1) amend Title I to specify that prior to disposition or
sentencing that certain juveniles be detained in a ``juvenile
detention facility'' rather than detaining such juveniles in
``such place as the Attorney General may designate''; (2) amend
Title III to require States and units of local government to
provide assurances that certain juveniles prosecuted as adults
are being housed separately from the adult inmate population in
order to receive grant funds. The en bloc amendment was
defeated 12 to 13.

ROLLCALL NO. 9
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. X ............... ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... ............... ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... X ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... X ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 12 13 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Watt offered an amendment to Title I which sought to
strike the provision prohibiting judicial review of certain
cases involving violent juvenile offenders and replace it with
provisions which specify procedures and standards by which the
court may decide to try certain juveniles as adults. The
amendment was defeated 9 to 16.

ROLLCALL NO. 10
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... X ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... X ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... X ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 9 16 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Watt offered an amendment to Title I which sought to
strike provisions allowing for the prosecution of 13-year-old
juvenile offenders as either adults or juveniles. The amendment
was defeated 7 to 16.

ROLLCALL NO. 11
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... ............... ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... X ...............
Mr. Rothman.................................................. ............... X ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 9 16 ...............
----------------------------------------------------------------------------------------------------------------

Ms. Waters offered an amendment to Title I which would
strike ``conspiracy'' or ``attempt'' to commit drug felonies
from the list of offenses which, when committed by certain
juveniles, could allow such juveniles to be prosecuted as an
adult. The amendment was defeated 11 to 14.

ROLLCALL NO. 12
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... X ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... X ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... ............... ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... X ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 11 14 ...............
----------------------------------------------------------------------------------------------------------------

Mr. Scott offered an amendment to Title I which provides
that no juvenile prosecuted as an adult or adjudicated as a
delinquent may 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. The
amendment was adopted by voice vote.
Mr. Scott offered an amendment to Title III which provides
that in addition to providing funding to enable juvenile courts
and juvenile probation offices to be more effective and
efficient in holding juvenile offenders accountable, block
grant funds may also be used by such offices for such purposes
that reduce recidivism. The amendment was agreed to by voice
vote.
Ms. Lofgren offered an amendment to Title I to establish an
initial ``at-risk'' screening process and referral system to
youth development specialists for juveniles arrested by federal
law enforcement. The amendment was defeated 8 to 13.

ROLLCALL NO. 13
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... ............... ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... X ............... ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... X ............... ...............
Mr. Meehan................................................... ............... ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. X ............... ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 8 13 ...............
----------------------------------------------------------------------------------------------------------------

Ms. Lofgren offered an amendment to Title III which
provided that, among the stated uses, block grant funds may
also be used for the purposes of 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.
The amendment was adopted by voice vote.
Ms. Lofgren offered an amendment to Title III which sought
to change the percentage of block grant funds which States are
required to pass through to units of local government from 75
percent to 95 percent. The amendment was defeated 6 to 16.

ROLLCALL NO. 14
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. ............... X ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... ............... X ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... ............... X ...............
Mr. Inglis................................................... ............... X ...............
Mr. Goodlatte................................................ ............... X ...............
Mr. Buyer.................................................... ............... X ...............
Mr. Bono..................................................... ............... X ...............
Mr. Bryant (TN).............................................. ............... X ...............
Mr. Chabot................................................... ............... X ...............
Mr. Barr..................................................... ............... X ...............
Mr. Jenkins.................................................. ............... X ...............
Mr. Hutchinson............................................... ............... X ...............
Mr. Pease.................................................... ............... X ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. X ............... ...............
Mr. Frank.................................................... ............... X ...............
Mr. Schumer.................................................. ............... ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... ............... ...............
Mr. Scott.................................................... X ............... ...............
Mr. Watt..................................................... X ............... ...............
Ms. Lofgren.................................................. X ............... ...............
Ms. Jackson Lee.............................................. X ............... ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Mefhan................................................... ............... ............... ...............
Mr. Delahunt................................................. X ............... ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. ............... X ...............
Mr. Hyde, Chairman........................................... ............... X ...............
--------------------------------------------------
Total.................................................. 6 16 ...............
----------------------------------------------------------------------------------------------------------------

Final Passage. Motion to report H.R. 3 favorably, as
amended. The motion passed 15 to 9.

ROLLCALL NO. 15
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................ ............... ............... ...............
Mr. McCollum................................................. X ............... ...............
Mr. Gekas.................................................... ............... ............... ...............
Mr. Coble.................................................... X ............... ...............
Mr. Smith (TX)............................................... ............... ............... ...............
Mr. Schiff................................................... ............... ............... ...............
Mr. Gallegly................................................. ............... ............... ...............
Mr. Canady................................................... X ............... ...............
Mr. Inglis................................................... X ............... ...............
Mr. Goodlatte................................................ X ............... ...............
Mr. Buyer.................................................... X ............... ...............
Mr. Bono..................................................... X ............... ...............
Mr. Bryant (TN).............................................. X ............... ...............
Mr. Chabot................................................... X ............... ...............
Mr. Barr..................................................... X ............... ...............
Mr. Jenkins.................................................. X ............... ...............
Mr. Hutchinson............................................... X ............... ...............
Mr. Pease.................................................... X ............... ...............
Mr. Cannon................................................... ............... ............... ...............
Mr. Conyers.................................................. ............... X ...............
Mr. Frank.................................................... ............... X ...............
Mr. Schumer.................................................. X ............... ...............
Mr. Berman................................................... ............... ............... ...............
Mr. Boucher.................................................. ............... ............... ...............
Mr. Nadler................................................... ............... X ...............
Mr. Scott.................................................... ............... X ...............
Mr. Watt..................................................... ............... X ...............
Ms. Lofgren.................................................. ............... X ...............
Ms. Jackson Lee.............................................. ............... X ...............
Ms. Waters................................................... ............... ............... ...............
Mr. Meehan................................................... ............... ............... ...............
Mr. Delahunt................................................. ............... X ...............
Mr. Wexler................................................... ............... ............... ...............
Mr. Rothman.................................................. ............... X ...............
Mr. Hyde, Chairman........................................... X ............... ...............
--------------------------------------------------
Total.................................................. 15 9 ...............
----------------------------------------------------------------------------------------------------------------

Committee Oversight Findings

In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.

Committee on Government Reform and Oversight Findings

No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.

New Budget Authority and Tax Expenditures

Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.

Congressional Budget Office Cost Estimate

In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 3, the following estimate
and comparison prepared by the Director of the Congressional
Budget Office under section 403 of the Congressional Budget Act
of 1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, May 1, 1997.
Hon Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3, the Juvenile
Crime Control Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz (for federal costs), Leo Lex (for the state and local
impact), and Matt Eyles (for the private-sector impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.

H.R. 3--Juvenile Crime Control Act of 1997

Summary: H.R. 3 would make several changes and additions to
current law to encourage and strengthen the federal prosecution
of juvenile offenders. The bill also would authorize
appropriations of $500 million for each of fiscal years 1998
through 2000 for juvenile accountability block grants, which
would replace an existing grant program for which funding has
been authorized but not yet appropriated.
Assuming appropriation of the authorized amounts, CBO
estimates that enacting H.R. 3 would result in additional
discretionary spending of about $1.4 billion over the 1998-2002
period. This legislation would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
H.R. 3 contains no intergovernmental mandates as defined in the
Unfunded Mandates Reform Act of 1995 (UMRA) and would impose no
costs on state, local, or tribal governments. The bill contains
new private-sector mandates as defined in UMRA, but CBO
estimates that the direct costs of the new mandates would be
negligible (and far below the $100 million established by
UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3 is shown in the table on the
following page. For the purposes of this estimate, CBO assumes
that all amounts authorized in H.R. 3 will be appropriated by
the start of each fiscal year and that outlays will follow the
historical spending patterns of similar grant programs
administered by the Department of Justice. CBO estimates that
other provisions in the legislation would have no significant
budgetary impact.

[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
Spending under current law:
Authorization level \1\......................... 0 30 35 40 0 0
Estimated outlays............................... 0 4 13 22 30 22
Proposed changes:
Authorization level............................. 0 470 465 460 0 0
Estimated outlays............................... 0 103 281 442 361 184
Spending under H.R. 3:
Authorization level............................. 0 500 500 500 0 0
Estimated outlays............................... 0 107 294 464 391 206
----------------------------------------------------------------------------------------------------------------
\1\ Public Law 103-322 authorize $150 million for a juvenile crime control grant similar to the one that H.R. 3
would authorize. That existing program has not received any funding thus far. Of the $150 million total, $105
million is authorized for fiscal years 1998 through 2000.

The costs of this legislation fall within budget function
750 (administration of justice).
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
H.R. 3 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. The bill would establish a number of conditions
that state and local governments would have to meet in order to
receive funds under the Accountability for Juvenile Offenders
and Public Protection Incentive Grants program. However, these
grant conditions would not be considered mandates as defined in
UMRA.
Estimated impact on the private sector: H.R. 3 would impose
new private-sector mandates on the parent, guardian, or
custodian of juvenile offenders who face proceedings in a court
of the United States. If enacted, the bill would authorize U.S.
district courts to order the adult responsible for a juvenile
offender to attend the disposition hearing and to be present
when the court imposes sanctions against the juvenile. In
addition, this legislation would authorize the court to issue
orders to the parent or responsible adult regarding the conduct
of the offending juvenile. Because few juvenile-offender
proceedings occur in U.S. district courts each year, CBO
estimates that the direct costs of new private-sector mandates
in the bill would be negligible and far below the $100 million
threshold in UMRA.
Estimate prepared by: Federal costs; Mark Grabowicz; Impact
on State, local, and tribal governments; Leo Lex; Impact on the
private sector; Matt Eyles.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.

Constitutional Authority Statement

Pursuant to rule XI, clause 2(l)(4) of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8 of the Constitution.

Section-by-Section Analysis

Sec. 1. Short title.--Section 1 provides that this Act may
be cited as ``the Juvenile Crime Control Act of 1997.''

Title I--reforming the federal juvenile justice system

Section 1 establishes Title I of this Act and provides its
title: ``Reforming the Federal Juvenile Justice System.'' The
amendments made in this title exclusively address the already
existing federal juvenile justice system, and are designed to
strengthen the federal system by providing increased protection
for the community and holding juveniles accountable for their
actions. These amendments will help to ensure that prosecution
of serious juvenile offenders who are subject to federal
jurisdiction is more swift and certain, and that punishment of
juvenile offenders will be commensurate with the seriousness of
the crimes committed.
Sec. 101. Delinquency proceedings or criminal prosecutions
in district courts.--This legislation amends Section 5032 of
title 18 of the United States Code which addresses whether a
juvenile should be proceeded against in the federal system or a
state system, and whether a juvenile should be proceeded
against as a juvenile or an adult.
Current law provides that federal delinquency proceedings
(rather than state delinquency proceedings) may only be
conducted if the Attorney General certifies one of three
things: (1) No state is able or willing to exercise
jurisdiction; (2) The appropriate state does not have adequate
juvenile programs or services; or (3) There is a substantial
federal interest in proceeding in a case involving either a
violent felony, a drug trafficking offense, a drug smuggling
offense, or a firearms offense.
This legislation provides in section 5032(a)(2) that
federal delinquency proceedings may only be conducted if the
Attorney General certifies two things: (1) No state is able or
willing to exercise jurisdiction; and (2) There is a
substantial federal interest in the case that warrants the
exercise of federal jurisdiction.
It is important to note that this legislation does not
create a presumption in favor of federal delinquency
proceedings rather than state delinquency proceedings; the
presumption of current law is unchanged. This section merely
removes the necessity of the Attorney General certifying that
there are inadequate juvenile programs or services before
federal delinquency proceedings may be initiated.
This legislation also changes current law regarding adult
prosecution of juveniles. Under current law, the decision to
charge a juvenile as an adult for specified crimes is made by
the United States district court as a result of a motion by the
federal prosecutor to transfer the juvenile for criminal
prosecution. The offenses subject to this transfer authority
are limited. Even more restrictive are the list of violent
offenses for which a juvenile under 15 years of age can be
transferred.
Current law requires a transfer hearing before juvenile
court jurisdiction can be waived. The hearing is made upon
motion by the Attorney General. Waiver of juvenile court
jurisdiction is to occur only when it is in ``the interest of
justice,'' and by the court after it has reviewed numerous
factors, including the nature of past treatment efforts and the
juveniles intellectual and psychological maturity.
There is virtually universal agreement among federal
prosecutors that the present system is cumbersome and has
frequently inhibited them from seeking adult prosecution.
Prosecutors who have sought the transfer of juveniles to adult
status have experienced many difficulties in the application of
an outmoded statute or have encountered judges personally
opposed to the transfer of juveniles, even in cases involving
very serious crimes. Moreover, there is a presumption under
present law in favor of a juvenile adjudication, and a district
court's decision to decline transfer to adult status may be
reversed only upon a finding of abuse of discretion. United
States v. Juvenile Male #1, 47 F.3d 68 (2d Cir. 1995). The
result is ajuvenile justice system which fails to provide an
effective deterrent to juvenile crime and fails adequately to protect
the public.
Section 101 of this legislation would amend section 5032 to
greatly strengthen and simplify the process for prosecuting the
most dangerous juveniles as adults in federal court. The
legislation would bring federal law into conformity with that
of many states by giving prosecutors, rather than the courts,
the discretion to charge a juvenile alleged to have committed
certain serious felonies as an adult or as a juvenile.
Current law requires an adult criminal trial where the
Attorney General has certified that the exercise of federal
jurisdiction is appropriate and the case involves a juvenile
who: (1) is 16 years of age or older; (2) is alleged to have
committed a violent felony or one of the specified serious
offenses (including destruction of aircraft or aircraft
facilities; arson or illegal use of explosives; drug
trafficking; drug smuggling); and (3) was previously found to
have committed one of the above offenses (or the state
equivalent).
Current law permits an adult criminal trial upon motion of
the Attorney General with respect to a juvenile who: (1) is 13
years of age or older; and (2) is alleged to have committed:
either an assault with intent to commit murder, an assault with
intent to commit a felony, or an assault with a dangerous
weapon; or, while in possession of a firearm is alleged to have
committed a robbery, bank robbery, or aggravated sexual abuse.
An adult criminal trial is also permitted under current law
upon motion of the Attorney General with respect to a juvenile
who: (1) is 15 years of age or older; and (2) is alleged to
have committed: a felony that involves the use, attempted use,
or threatened use of physical violence against the person or
property of another; or one of the identified serious felonies
in Section 5032 (including drug trafficking, drug smuggling,
gun running, or serious firearms offenses).
Section 101 of this legislation provides for adult criminal
trial of a juvenile if: the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult; or the
juvenile is 14 years of age or older and is alleged to have
committed a crime which if committed by an adult would be a
``serious violent felony,'' as defined in Section 3559(c) of
title 18, or a ``serious drug offense,'' as defined in Sections
846 and 963 of title 21. The offense ``serious violent felony''
includes: murder, manslaughter, assault with intent to commit
murder or rape, aggravated sexual abuse, kidnaping, air piracy,
robbery, car jacking, extortion, arson, misuse of firearms, and
any crime punishable by imprisonment for a maximum of 10 years
or more that involves the use or threatened use of physical
force against another. A ``serious drug offense'' includes the
drug kingpin offense and the most serious drug trafficking and
drug smuggling offenses.
It is important to note that such a juvenile may still be
proceeded against as a juvenile under Section 5032(b)(2) if the
Attorney General certifies that the interests of public safety
are best served by proceeding against the juvenile as a
juvenile. As such, Section 101 creates a presumption in favor
of prosecuting as an adult a juvenile who has committed one of
the identified serious crimes, but still leaves the prosecutor
with the discretion not to prosecute the juvenile as an adult,
and to proceed against the juvenile in a delinquency
proceeding. Importantly, this legislation provides that the
prosecutor's determination to institute adult proceedings
against a juvenile is not reviewable in any court.
This legislation also provides in 5032(c)(1) that a
juvenile 13 years of age or older may be prosecuted as an
adult, at the discretion of the prosecutor, if the juvenile is
alleged to have committed a serious violent felony or a serious
drug offense. Prosecution of juveniles 13 years of age at the
time of the offense would require approval of the Attorney
General or his or her designee at a level not lower than Deputy
Assistant Attorney General. This internal Justice Department
approval requirement (which would not be litigable) has been
used in other types of particularly sensitive cases and would
ensure that careful scrutiny and uniform standards are used in
determining whether to bring criminal charges against very
young juveniles.
This legislation further provides in 5032(c)(4) that a
juvenile 14 years of age or older may be prosecuted as an
adult, at the discretion of the prosecutor, if the juvenile
isalleged to have committed one of the following serious felonies:
(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 paragraph (a)(6) or subsection (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 violate 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).
These serious felonies include explosives offenses, drug
kingpin offenses, drug trafficking near schools, and drug
smuggling.
To ensure the prosecution in one trial of all offenses
charged, a juvenile tried as an adult for one of the designated
offenses could also be prosecuted as an adult for any other
offenses properly joined under the Federal Rules of Criminal
Procedure, as provided in section 5032(e). With these
amendments, juveniles convicted as adults could receive
substantially higher sentences than under current law,
commensurate with their crimes and criminal histories.
The existing statute excludes younger juveniles in Indian
country charged with certain crimes from prosecution unless the
tribal government determines to have the provision apply. This
legislation would continue this provision.
Section 5032(a)(4) amends current law to make clear that
federal juvenile proceedings are normally open to the public
but may be closed in the interests of justice or for good cause
shown. It also includes a provision allowing victims to be
included when the public is otherwise excluded, unless the
victim is a witness in the determination of guilt or innocence
in a trial or delinquency adjudication.
Under 5032(f), the Attorney General is required to report
annually to Congress regarding: the number of juveniles
adjudicated delinquent or tried as adults in Federal court; the
race, ethnicity, and gender of those juveniles; the number of
those juveniles who were abused or neglected by their families,
to the extent such information is available; and the number and
types of assault crimes committed against juveniles while
incarcerated in connection with the adjudication or conviction.
Sec. 102. Custody prior to appearance before judicial
officer.--Section 102 contains minor changes to current law so
as to clarify that the procedures applicable to the arrest of a
juvenile prior to the formal filing of charges apply whether or
not it is anticipated that the juvenile will be charged as a
juvenile or as an adult.
Sec. 103. Technical and conforming amendments to section
5034.--This section is amended to clarify that it applies to
juvenile proceedings only.
Sec. 104. Detention prior to disposition or sentencing.--
This section relates to the detention of juvenile offenders
prior to disposition or sentencing. Specifically, this
provision would amend section 5035, to provide that juvenile
offenders less than 16 years of age being prosecuted as adults
but not yet convicted must be placed in an available, suitable
juvenile facility located within, or a reasonable distance
from, the district in which the juvenile is being prosecuted.
If such a suitable juvenile facility is not available, the
juvenile could be placed in any other suitable facility located
within, or a reasonable distance from, the district in which
the juvenile is being prosecuted. Only if neither of these
types of facilities is available could a juvenile less than 16
years old be placed in some other suitable facility. In order
to protect the safety of these younger offenders, the bill
would require that such juveniles not be detained prior to
sentencing in any institution in which they have regular
contact with adult prisoners.
This provision would further amend section 5035, to provide
that juvenile offenderswho are 16 years of age or older and who
are being prosecuted as adults but who are not yet convicted are to be
detained in such suitable place as the Attorney General may designate.
Preference is to be given to a place located within a reasonable
distance of the district in which the juvenile is being prosecuted.
The current requirement of section 5035 that a juvenile
charged with juvenile delinquency may not be detained prior to
disposition in any institution in which the juvenile has
regular contact with adult prisoners would be retained in the
proposed legislation. Furthermore, this legislation provides
that a juvenile prosecuted as an adult may not be detained
prior to disposition in any institution in which the juvenile
has regular contact with adult prisoners.
Under section 5039 of current law, no juvenile committed,
whether pursuant to a delinquency adjudication or an adult
conviction, may be retained in an institution in which he has
regular contact with adult offenders. This provision is
unchanged by H.R. 3.
The current requirement in Section 5039 that every juvenile
under 18 years of age who is in custody be provided with
adequate food, heat, light, sanitary facilities, bedding,
clothing, recreation, education, and medical care, including
necessary psychiatric, psychological, or other care and
treatment would continue to apply to every juvenile charged as
an adult who is detained prior to trial and sentencing and
would be expanded to provide for reasonable safety and security
as well.
Sec. 105. Speedy trial.--This section would require that
for a juvenile in custody juvenile delinquency proceedings
begin within 45 days, rather than the current 30 days.
Exclusions in the Speedy Trial Act (18 U.S.C. Sec. 3161(h))
would also be made applicable for the first time in juvenile
delinquency proceedings. This additional time is necessary,
particularly in cases involving both adult and juvenile
defendants such as in the prosecution of gangs, to protect
witnesses and critical evidence by ensuring that the trial of a
juvenile does not proceed before the case against the adults.
The time within which a disposition hearing must be held after
an adjudication of delinquency would also be increased from 20
to 40 days. Within the 40 days, the probation office would
prepare a predisposition report which would include victim
impact information. Forty days is consistent with federal court
practice generally and will provide the time necessary to
prepare a comprehensive report.
Sec. 106. Disposition; availability of increased detention,
fines and supervised release for juvenile offenders.--The
legislation would amend section 5037 to make fines and
supervised release, which are not presently sentencing options,
available for adjudicated delinquents in addition to probation
and detention. This legislation also requires the court, after
the disposition hearing, to impose an appropriate sanction. The
court may also issue orders to the juvenile's parent, guardian
or custodian regarding their conduct with respect to the
juvenile.
Under this legislation, the maximum period of official
confinement for an adjudicated delinquent would be increased to
ten years or through age 25 to give judges increased sentencing
flexibility for juveniles who are adjudicated delinquent. The
maximum period for probation would be increased to the same
period applicable to an adult. To strengthen the accountability
of juveniles to victims, mandatory restitution would also apply
to adjudicated delinquents.
Under section 5037(g) of this legislation, juveniles under
the age of 16 charged as adults, but who have not previously
been adjudicated delinquent of a serious violent felony, and
who are charged with certain limited offenses would be
sentenced under the sentencing guidelines but would not be
subject to mandatory minimum sentences.
Sec. 107. Juvenile records and fingerprinting.--Current law
provides that the records of juvenile proceedings must be
safeguarded from unauthorized disclosure. As such, records are
subject to limited release and for limited purposes, including
to other courts, an agency preparing a report for another
court, and law enforcement agencies for use in an investigation
or law enforcement employment check. Current law also provides
that the fingerprints and photographs of juveniles tried as
adults are to be made available to the same extent as would the
fingerprints and photographs of an adult.
This legislation changes section 5038 by providing that the
records of juvenile proceedings are public records to the same
extent that the record of adult criminalproceedings would be
public. This legislation further provides that such records are to be
made available for official purposes, including disclosure to victims
and school officials.
Section 107 further provides that the fingerprints and
photographs of juveniles tried as adults are to be made
available to the same extent as those of adults, and that the
Attorney General is to establish guidelines on the availability
of fingerprints and photographs of juveniles adjudicated
delinquent.
Sec. 108. Technical amendment of sections 5031 and 5034.--
This section makes technical and conforming amendments to
Sections 5031 and 5034.
Sec. 109. Clerical amendments to table of sections for
chapter.--This section amends the table of sections at the
beginning of chapter 403 of title 18, United States Code, so as
to reflect this legislation's provisions.

Title II--Apprehending Armed Violent Youth

Sec. 201. Armed violent youth apprehension directive.--
Section 201 establishes the Armed Violent Youth Apprehension
Directive. Pursuant to this section, the Attorney General is
required to establish an armed violent youth apprehension
program. Elements of the program include: (1) the designation
of at least one federal prosecutor in every U.S. attorney's
office to prosecute, on either a full- or part-time basis,
federal laws pertaining to armed violent youth; (2) a
requirement that every U.S. attorney establish a task force
within his or her federal district to coordinate with State and
local law enforcement the apprehension of armed violent youth;
(3) bimonthly reports from U.S. attorneys to the Attorney
General concerning the number of armed violent youth arrested
and prosecuted; and (4) semiannual reports from the Attorney
General to the Congress summarizing the information received
from the U.S. attorneys.
Under section 201(b), a waiver from the requirements of
section 201 may be granted to a district by the Attorney
General on the basis of the number of assistant U.S. attorneys
and the amount of violent youth crime in a district.
Sec. 301. Short title.--Section 301 provides that this
title may be cited as the ``Juvenile Accountability Block
Grants Act of 1997.''

Title III--Accountability for Juvenile Offenders and Public Protection
Incentive Grants

Sec. 302. Block grant program.--Section 302 provides that
Part R of title I of the Omnibus and Safe Streets Act of 1968
(42 U.S.C. 3796) is amended by substituting in its place ``Part
R--Juvenile Accountability Block Grants.''
Sec. 1801. Program authorized.--This section authorizes the
Director of the Bureau of Justice Assistance (BJA) of the U.S.
Department of Justice to provide grants to States, and in
certain cases directly to eligible units of local government,
for use by States and localities for the purpose of promoting
greater accountability in the juvenile justice system. Under
section 1801(b), grants are to be provided to support the
following activities of a state or locality:
(1) building, expanding or operating juvenile
detention and corrections facilities (It is the view of
the Committee that this includes the renovation of
facilities and the training of corrections officers);
(2) developing and administering accountability-based
sanctions for juvenile offenders;
(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders to promote the
efficient and expeditious administration of juvenile
justice;
(4) hiring additional prosecutors to target violent
juvenile offenders;
(5) providing funding to enable prosecutors to
address drug, gang, and youth violence 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
probation offices to be more effective and efficient in
holding juvenile offenders accountable;
(8) establishing 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) establishing drug court programs for juvenile
offenders;
(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social
services agencies to identify, control, supervise and
treat serious juvenile offenders; 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. It is the
Committee's view that such programs generally focus on
juveniles who have had contact with law enforcement
because of the conduct of the juveniles, where such
programs ensure that there are appropriate sanctions
and consequences associated with the juveniles'
conduct. Such programs also involve activities that are
designed or operated in conjunction with law
enforcement that seek to address crime and violence in
school environments.
It is left to states and localities to determine what,
among these identified accountability-oriented activities, they
will support with their grant funds.
Sec. 1802. Grant eligibility.--This section establishes the
eligibility criteria for States and localities to receive
funding. The section requires any State applying for grant
funds to provide assurances to the Director of the BJA that the
State, and those localities within that State that qualify for
funding, has in effect (or will have in effect within one year
of the date of the State's application) laws, or policies and
programs that meet the four requirements.
The first is to 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. A state which provides for
mandatory prosecution of such juveniles would meet this
criterion; however, this criterion does not require mandatory
prosecution of such juveniles. It merely requires that the
discretion to prosecute such juveniles be vested with the
prosecutor.
The second requirement is providing a system of graduated
sanctions for juvenile offenders, ensuring a sanction for every
delinquent or criminal act, and escalating the sanction with
each subsequent, more serious delinquent or criminal act. The
Committee realizes that such a system is less likely to exist
as a matter of law than as a matter of policy and practice. The
Committee further realizes that measuring with precision the
extent to which a state or locality ensures a sanction for
every delinquent or criminal act will be difficult. It is the
Committee's view that a general assessment of the degree to
which such policies and practices are being carried out is a
sufficient basis for a State or locality's determination.
The third requirement is establishing 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 would be felony if committed by
adults which is equivalent to that maintained for adults who
commit felonies. This provision has the effect of allowing
States to exempt from such a records provision a first-time
delinquent. A State would still meet this requirement if it has
a system of juvenile records relating to any adjudication of a
juvenile who is adjudicated for conduct that would be a felony
if committed by adults which is equivalent to that maintained
for adults who commit felons, and does not exempt the first-
time delinquent from its provisions.
The fourth requirement is ensuring that state law does not
prevent a juvenile court judge from issuing a court order
against a parent or guardian of a juvenile offender regarding
the supervision of such an offender and from imposing sanctions
for a violation of such an order.
Section 1802(b) also establishes the eligibility criteria
for units of local government, both within States which qualify
for funding, and within States that do not qualify. While the
criteria for localities are the same as for States, it is
important to note that the criteria do not apply in the same
way to localities as to the States. This distinction is
reflected in the language of section 1802(b)(1), which provides
that localities must only provide assurances to the State (or,
in the case of a locality within a nonqualifying State, to the
Director of BJA) that the four requirements are being met ``to
the maximum extent applicable.'' In this provision, the
Committee recognizes that localities are not able, by
themselves, to effect certain reforms, including adult
prosecution of juveniles and juvenile records reforms. As such,
it would be unworkable to require localities within
nonqualifying States to meet the four requirements of section
1802. It is the Committee's view that localities in
nonqualifying States will only need to assure the Director of
BJA that they have in place policies or programs which result
in a sanction being imposed for every delinquent or criminal
act, with sanctions escalating inseverity with each subsequent,
more serious offense. At the same time, it is the Committee's view that
localities within qualifying States will almost always qualify by
virtue of the States meeting the requirements.
Sec. 1803. Allocation and distribution of funds.--This
section requires that 75 percent of the funding received by a
State be provided to localities. This pass-through provision is
intended to provide maximum resources to county governments in
particular, which bear the largest burden in the administration
of juvenile justice systems. This is accomplished in the
distribution formula by placing greater weight on the variable
of law enforcement expenditures rather than on the variable of
the number of crimes. Similar to the 1996 truth-in-sentencing
legislation for the States, the accountability incentive grants
would encourage the States and localities to enact
accountability-based juvenile crime reforms, and provide much
needed assistance to the growing number of States and
localities that have already enacted such reforms.
It is the view of the Committee that States do not have the
discretion to refuse to make a grant to localities which have
provided the requisite assurances, absent a good faith basis
for believing that the assurances provided are inaccurate.
Sec. 1804. Regulations.--This section requires the Director
to issue regulations establishing procedures under which an
eligible State or locality that receives funds under section
1803 is required to provide notice to the Director regarding
the proposed use of funds made available under this part.
Sec. 1805. Payment requirements.--This section establishes
various provisions regarding payment of funds to eligible
States and localities.
Sec. 1806. Utilization of private sector.--This section
provides that funds may be used to contract with private,
nonprofit entities or community-based organizations to carry
out the purposes of section 1801.
Sec. 1807. Administrative provisions.--This section
establishes administrative provisions for recipient States.
Sec. 1808. Definitions.--This section provides definitions
of key terms in the legislation.
Sec. 1809. Authorization of appropriations.--This section
authorizes $500,000,000 for each fiscal year from fiscal year
1998 through fiscal year 2000.

Agency Views

U.S. Department of Justice,
Office of Legislative Affairs,
Washington, DC, April 23, 1997.
Hon. Henry Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: As the Committee prepares to mark up
H.R. 3, the Juvenile Crime Control Act of 1997, I write to
convey the views of the Administration on this bill.
Enactment of comprehensive legislation to address youth and
gang violence and drug use is a top priority of this
Administration. Accordingly, on February 25, 1997, we
transmitted to Congress the Anti-Gang and Youth Violence Act of
1997, which has been introduced as H.R. 810 by Congressman
Charles Schumer. This bill is based in part on the recent
success of Boston's three-pronged strategy of prevention,
intervention and enforcement for youth violence. In Boston,
youth homicides have dropped some 80% citywide from 1990 to
1996, and in 1996 not a single juvenile died in a firearm
homicide in the city.
We commend you, Chairman McCollum and other Members of the
Committee, for taking up this issue and hope that we can work
together to enact the best possible legislation to both fight
and prevent juvenile and youth crime. We understand that the--
Committee will consider a substitute amendment to H.R. 3 which
will modify this legislation in several respects. We believe,
however, that this bill can still be greatly improved to
reflect the comprehensive enforcement and prevention approach
represented by the Administration's legislation.
We agree with law enforcement officials all over this
nation who believe that legislation to address youth and gang
violence in a comprehensive and effective manner must adopt a
balanced approach that combines elements of enforcement and
prosecution with targeted and selective prevention efforts.
Specifically, we believe that any bill that emerges from the
Congress should include the following elements:
meaningful reform of the federal juvenile justice
system that, inter alia, allows prosecutors greater
flexibility inprosecuting juveniles as adults and that
is more responsive to the rights of victims;
a provision that child safety locks be required to be
purchased with each firearm sold by a federally
licensed dealer;
a prohibition on firearm possession by juveniles
adjudicated delinquent of offenses that would have been
felonies (and thus barred the offender from gun
possession) if committed by an adult;
targeted funding to ensure that local prosecutors can
hire additional gang prosecutors;
targeted funding, beginning in FY 1998, to ensure
localities can establish court-based programs to
specifically address issues of juvenile and youth
violence;
tough enforcement provisions to protect witnesses who
help prosecute gangs and other violent offenders;
tough drug enforcement provisions to increase
penalties for selling drugs to kids, using kids to sell
drugs and selling drugs in schools, and provisions
requiring drug testing of violent offenders and
authorizing use of prison grant funds for drug testing,
treatment and supervision of incarcerated offenders;
tough enforcement provisions for possessing firearms
while committing violent or drug crimes; and
targeted funding, beginning in FY 1998, for effective
prevention programs that target at risk youth and keep
schools open to provide young people with alternatives
to criminal activity.
These and other provisions included in the Administration's
proposal are essential elements of an effective, comprehensive
approach to preventing and fighting youth and gang violence and
drug related crime. We look forward to working with the
Committee and other Members of the Congress to ensure that
these elements are included in the final bill.
We now turn specifically to the provisions of the bill to
be marked up tomorrow. We are pleased that Title I of H.R. 3,
as it would be amended by the substitute, recognizes the need
to revise the statutes governing prosecution of juveniles as
adults. We support the bulk of this title, many of the
provisions of which are the same or substantially similar to
our proposal. Both H.R. 3 and H.R. 810, for example, would
transfer from the court to the prosecutor the discretion to
charge juveniles as adults. We believe, however, that our
proposed formulationbetter achieves the goals of simplifying
this process and holding juveniles accountable for serious crimes.
The bill under consideration by the Committee would require
that juveniles alleged to have committed certain violent or
drug trafficking crimes after having reached 14 years of age be
prosecuted as adults unless the prosecutor certifies to the
court that the interests of public safety are best served by a
juvenile proceeding. We believe that this requirement unwisely
and unnecessarily restricts prosecutorial discretion in this
sensitive charging decision. Also, our proposal would allow
certain juveniles to file a motion with the court for an
expedited consideration of a request to be proceeded against in
a delinquency proceeding. Thus, H.R. 810's approach recognizes
the need to streamline this process, while ensuring that
juveniles are held accountable for serious crimes.
Title II of H.R. 3, as it would be amended by the
substitute, contains an ``armed violent youth apprehension
directive'' that requires that each U.S. Attorney take certain
steps to establish armed violent youth task forces and that the
Department of Justice periodically submit statistical
information concerning prosecutions brought by the task forces
to Congress. We believe this level of management of the
Department by the Congress is unnecessary and would have the
unintended effect of reducing the flexibility that our U.S.
Attorney's offices must have in order to have the maximum
impact against the predominant crime problems in their
respective districts.
Title III of H.R. 3, as it would be amended by the
substitute, would establish a block grant program whose stated
goal is to assist state and local law enforcement agencies
implement accountability-based, graduated sanctions for
juvenile offenders. We applaud the goals of this program and
agree that there is a need for intervention and accountability
in the juvenile justice system early in the process. We have
certain concerns about how the program is structured and
intended to operate as well as the conditions for receipt of
the funds that we believe unnecessarily limits the pool of
prospective recipients. We would be happy to work with the
Committee to address these issues.
More fundamentally, however, the block grant program will
not ensure that needed funds for additional gang prosecutors
will actually be available to state and local prosecutors for
that purpose and that funds to establish court-based programs
to better address youth violence will also not be ensured. The
Administration's proposal includes programs to provide
assistance to prosecutors' offices to fight gangs and
assistance to courts to expedite and more effectively handle
violent juveniles in the court system, in addition to important
programs providing funding for prevention and intervention
initiatives.
Although we are cognizant of the jurisdictional issues with
which the Committee is dealing, we believe that it is essential
that Congress authorize and appropriate in the coming fiscal
year adequate funds to be distributed to state and local
prevention and intervention programs to help juveniles at risk
stay on or get back on the right track, and that we maintain
basic protections for juvenile delinquents in custody. We can
leave no stone unturned in this legislative effort to fight
juvenile crime and we cannot afford to have future generations
ask why we did not do more to stem the tide of youth violence.
Notably absent from H.R. 3 are provisions such as those in
H.R. 810 to promote firearms safety and target illegal firearms
possession and distribution. Our proposed requirement that
child safety locks be sold with every gun is essential to
protect our children. This provision is intended to provide
added safety to gun owners and to prevent accidental discharges
that can result when children gain access to firearms. I hope
that the Committee will join the Administration in supporting
this important safety measure as well as our provision to keep
firearms out of the hands of those who have committed serious
offenses as juveniles.
H.R. 3 omits certain other critical elements. We would urge
the Committee, at some point in the legislative process, to
adopt from H.R. 810 provisions providing new laws and stiffer
penalties to fight gangs, disrupt their illegal gun and drug
markets and protect the witnesses who want to testify against
them.
We all look forward to working with you to improve H.R. 3
so that we can enact the best possible youth crime legislation.
The Office of Management and Budget has advised that there is
no objection from the standpoint of the Administration's
program to the presentation of this report.
Sincerely,
Andrew Fois,
Assistant Attorney General.

Changes in Existing Law Made by the Bill, as Reported

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

TITLE 18, UNITED STATES CODE

* * * * * * *

PART II--CRIMINAL PROCEDURE

* * * * * * *

CHAPTER 227--SENTENCES

* * * * * * *

SUBCHAPTER A--GENERAL PROVISIONS

* * * * * * *

Sec. 3553. Imposition of a sentence

(a) * * *
* * * * * * *
(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).
* * * * * * *

PART IV--CORRECTION OF YOUTHFUL OFFENDERS

* * * * * * *

[CHAPTER 403--JUVENILE DELINQUENCY

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

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.

Sec. 5031. Definitions

For the purposes of this chapter, a ``juvenile'' is a person
who has not attained [his] the juvenile's eighteenth birthday,
or for the purpose of proceedings and disposition under this
chapter for an alleged act of juvenile delinquency, a person
who has not attained his twenty-first birthday, and ``juvenile
delinquency'' is the violation of a law of the United States
committed by a person prior to his eighteenth birthday which
would have been a crime if committed by an adult or a violation
by such a person of section 922(x).

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

[A juvenile alleged to have committed an act of juvenile
delinquency, other than a violation of law committed within the
special maritime and territorial jurisdiction of the United
States for which the maximum authorized term of imprisonment
does not exceed six months, shall not be proceeded against in
any court of the United States unless the Attorney General,
after investigation, certifies to the appropriate district
court of the United States that (1) the juvenile court or other
appropriate court of a State does not have jurisdiction or
refuses to assume jurisdiction over said juvenile with respect
to such alleged act of juvenile delinquency, (2) the State does
not have available programs and services adequate for the needs
of juveniles, or (3) the offense charged is a crime of violence
that is a felony or an offense described in section 401 of the
Controlled Substances Act (21 U.S.C. 841), or section 1002(a),
1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955,
959, 960(b)(1), (2), (3)), section 922(x) or section 924(b),
(g), or (h) of this title, and that there is a substantial
Federal interest in the case or the offense to warrant the
exercise of Federal jurisdiction.
[If the Attorney General does not so certify, such juvenile
shall be surrendered to the appropriate legal authorities of
such State. For purposes of this section, the term ``State''
includes a State ofthe United States, the District of Columbia,
and any commonwealth, territory, or possession of the United States.
[If an alleged juvenile delinquent is not surrendered to the
authorities of a State pursuant to this section, any
proceedings against him shall be in an appropriate district
court of the United States. For such purposes, the court may be
convened at any time and place within the district, in chambers
or otherwise. The Attorney General shall proceed by information
or as authorized under section 3401(g) of this title, and no
criminal prosecution shall be instituted for the alleged act of
juvenile delinquency except as provided below.
[A juvenile who is alleged to have committed an act of
juvenile delinquency and who is not surrendered to State
authorities shall be proceeded against under this chapter
unless he has requested in writing upon advice of counsel to be
proceeded against as an adult, except that, with respect to a
juvenile fifteen years and older alleged to have committed an
act after his fifteenth birthday which if committed by an adult
would be a felony that is a crime of violence or an offense
described in section 401 of the Controlled Substances Act (21
U.S.C. 841), or section 1002(a), 1005, or 1009 of the
Controlled Substances Import and Export Act (21 U.S.C. 952(a),
955, 959), or section 922(x) of this title, or in section
924(b), (g), or (h) of this title, criminal prosecution on the
basis of the alleged act may be begun by motion to transfer of
the Attorney General in the appropriate district court of the
United States, if such court finds, after hearing, such
transfer would be in the interest of justice. In the
application of the preceding sentence, if the crime of violence
is an offense under section 113(a), 113(b), 113(c), 1111, 1113,
or, if the juvenile possessed a firearm during the offense,
section 2111, 2113, 2241(a), or 2241(c), `thirteen' shall be
substituted for ``fifteen'' and ``thirteenth'' shall be
substituted for ``fifteenth''. Notwithstanding sections 1152
and 1153, no person subject to the criminal jurisdiction of an
Indian tribal government shall be subject to the preceding
sentence for any offense the Federal jurisdiction for which is
predicated solely on Indian country (as defined in section
1151), and which has occurred within the boundaries of such
Indian country, unless the governing body of the tribe has
elected that the preceding sentence have effect over land and
persons subject to its criminal jurisdiction. However, a
juvenile who is alleged to have committed an act after his
sixteenth birthday which if committed by an adult would be a
felony offense that has as an element thereof the use,
attempted use, or threatened use of physical force against the
person of another, or that, by its very nature, involves a
substantial risk that physical force against the person of
another may be used in committing the offense, or would be an
offense described in section 32, 81, 844(d), (e), (f), (h), (i)
or 2275 of this title, subsection (b)(1)(A), (B), or (C), (d),
or (e) of section 401 of the Controlled Substances Act, or
section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the
Controlled Substances Import and Export Act (21 U.S.C. 952(a),
953, 959, 960(b)(1), (2), (3)), and who has previously been
found guilty of an act which if committed by an adult would
have been one of the offenses set forth in this paragraph or an
offense in violation of a State felony statute that would have
been such an offense if a circumstance giving rise to Federal
jurisdiction had existed, shall be transferred to the
appropriate district court of the United States for criminal
prosecution.
[Evidence of the following factors shall be considered, and
findings with regard to each factor shall be made in the
record, in assessing whether a transfer would be in the
interest of justice: the age and social background of the
juvenile; the nature of the alleged offense; the extent and
nature of the juvenile's prior delinquency record; the
juvenile's present intellectual development and psychological
maturity; the nature of past treatment efforts and the
juvenile's response to such efforts; the availability of
programs designed to treat the juvenile's behavioral problems.
In considering the nature of the offense, as required by this
paragraph, the court shall consider the extent to which the
juvenile played a leadership role in an organization, or
otherwise influenced other persons to take part in criminal
activities, involving the use or distribution of controlled
substances or firearms. Such a factor, if found to exist, shall
weigh in favor of a transfer to adult status, but the absence
of this factor shall not preclude such a transfer.
[Reasonable notice of the transfer hearing shall be given to
the juvenile, his parents, guardian, or custodian and to his
counsel. The juvenile shall be assisted by counsel during the
transfer hearing, and at every other critical stage of the
proceedings.
[Once a juvenile has entered a plea of guilty or the
proceeding has reached the stage that evidence has begun to be
taken with respect to a crime or an alleged act of juvenile
delinquency subsequent criminal prosecution or juvenile
proceedings based upon such alleged act of delinquency shall be
barred.
[Statements made by a juvenile prior to or during a transfer
hearing under this section shall not be admissible at
subsequent criminal prosecutions.
[Whenever a juvenile transferred to district court under this
section is not convicted of the crime upon which the transfer
was based or another crime which would have warranted transfer
had the juvenile been initially charged with that crime,
further proceedings concerning the juvenile shall be conducted
pursuant to the provisions of this chapter.
[A juvenile shall not be transferred to adult prosecution nor
shall a hearing be held under section 5037 (disposition after a
finding of juvenile delinquency) until any prior juvenile court
records of such juvenile have been received by the court, or
the clerk of the juvenile court has certified in writing that
the juvenile has no prior record, or that the juvenile's record
is unavailable and why it is unavailable.
[Whenever a juvenile is adjudged delinquent pursuant to the
provisions of this chapter, the specific acts which the
juvenile has been found to have committed shall be described as
part of the official record of the proceedings and part of the
juvenile's official record.

[Sec. 5033. Custody prior to appearance before magistrate

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

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 public safety 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. 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. 5034. Duties of [magistrate] judicial officer

In a proceeding under section 5032(a)--
[The magistrate] (1) the judicial officer shall
insure that the juvenile is represented by counsel
before proceeding with critical stages of the
proceedings. Counsel shall be assigned to represent a
juvenile when the juvenile and [his] the juvenile's
parents, guardian, or custodian are financially unable
to obtain adequate representation. In cases where the
juvenile and [his] the juvenile's parents, guardian, or
custodian are financially able to obtain adequate
representation but have not retained counsel, the
[magistrate] judicial officer may assign counsel and
order the payment of reasonable attorney's fees or may
direct the juvenile, [his] the juvenile's parents,
guardian, or custodian to retain private counsel within
a specified period of time.
[The magistrate] (2) the judicial officer may appoint
a guardian ad litem if a parent or guardian of the
juvenile is not present, or if the [magistrate]
judicial officer has reason to believe that the parents
or guardian will not cooperate with the juvenile in
preparing for trial, or that the interests of the
parents or guardian and those of the juvenile are
adverse.
[If] (3) if the juvenile has not been discharged
before [his] initial appearance before the [magistrate]
judicial officer, the [magistrate] judicial officer
shall release the juvenile to [his] the juvenile's
parents, guardian, custodian, or other responsible
party (including, but not limited to, the director of a
shelter-care facility) upon their promise to bring such
juvenile before the appropriate court when requested by
such court unless the [magistrate] judicial officer
determines, after hearing, at which the juvenile is
represented by counsel, that the detention of such
juvenile is required to secure [his] the juvenile's
timely appearance before the appropriate court or to
insure [his] the juvenile's safety or that of others.

[Sec. 5035. Detention prior to disposition

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

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. 5036. Speedy trial

[If an alleged delinquent] If a juvenile proceeded against
under section 5032(a) who is in detention pending trial is not
brought to trial within [thirty] 45 days from the date upon
which such detention was begun, the information shall be
dismissed on motion of the alleged delinquent or at the
direction of [the court, unless the Attorney General shows that
additional delay was caused by the juvenile or his counsel, or
consented to by the juvenile and his counsel, or would be in
the interest of justice in the particular case. Delays
attributable solely to court calendar congestion may not be
considered in the interest of justice. Except in extraordinary
circumstances, an information dismissed under this section may
not be reinstituted.] the court. The periods of exclusion under
section 3161(h) of this title shall apply to this section.

[Sec. 5037. Dispositional hearing

[(a) If the court finds a juvenile to be a juvenile
delinquent, the court shall hold a disposition hearing
concerning the appropriate disposition no later than twenty
court days after the juvenile delinquency hearing unless the
court has ordered further study pursuant to subsection (d).
After the disposition hearing, and after considering any
pertinent policy statements promulgated by the Sentencing
Commission pursuant to 28 U.S.C. 994, the court may suspend the
findings of juvenile delinquency, enter an order of restitution
pursuant to section 3556, place him on probation, or commit him
to official detention. With respect to release or detention
pending an appeal or a petition for a writ of certiorari after
disposition, the court shall proceed pursuant to the provisions
of chapter 207.
[(b) The term for which probation may be ordered for a
juvenile found to be a juvenile delinquent may not extend--
[(1) in the case of a juvenile who is less than
eighteen years old, beyond the lesser of--
[(A) the date when the juvenile becomes
twenty-one years old; or
[(B) the maximum term that would be
authorized by section 3561(c) if the juvenile
had been tried and convicted as an adult; or
[(2) in the case of a juvenile who is between
eighteen and twenty-one years old, beyond the lesser
of--
[(A) three years; or
[(B) the maximum term that would be
authorized by section 3561(c) if the juvenile
had been tried and convicted as an adult.
The provisions dealing with probation set forth in 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--
[(1) in the case of a juvenile who is less than
eighteen years old, beyond the lesser of--
[(A) the date when the juvenile becomes
twenty-one years old; or
[(B) the maximum term of imprisonment that
would be authorized if the juvenile had been
tried and convicted as an adult; or
[(2) in the case of a juvenile who is between
eighteen and twenty-one years old--
[(A) who if convicted as an adult would be
convicted of a Class A, B, or C felony, beyond
five years; or
[(B) in any other case beyond the lesser of--
[(i) three years; or
[(ii) the maximum term of
imprisonment that would be authorized
if the juvenile had been tried and
convicted as an adult.
Section 3624 is applicable to an order placing a juvenile under
detention.
[(d) If the court desires more detailed information
concerning an alleged or adjudicated delinquent, it may commit
him, after notice and hearing at which the juvenile is
represented by counsel, to the custody of the Attorney General
for observation and study by an appropriate agency. Such
observation and study shall be conducted on an out-patient
basis, unless the court determines that inpatient observation
and study are necessary to obtain the desired information. In
the case of an alleged juvenile delinquent, inpatient study may
be ordered only with the consent of the juvenile and his
attorney. The agency shall make a complete study of the alleged
or adjudicated delinquent to ascertain his personal traits, his
capabilities, his background, any previous delinquency or
criminal experience, any mental or physical defect, and any
other relevant factors. The Attorney General shall submit to
the court and the attorneys for the juvenile and the Government
the results of the study within thirty days after the
commitment of the juvenile, unless the court grants additional
time.

[Sec. 5038. Use of juvenile records

[(a) Throughout and upon the completion of the juvenile
delinquency proceeding, the records shall be safeguarded from
disclosure to unauthorized persons. The records shall be
released to the extent necessary to meet the following
circumstances:
[(1) inquiries received from another court of law;
[(2) inquiries from an agency preparing a presentence
report for another court;
[(3) inquiries from law enforcement agencies where
the request for information is related to the
investigation of a crime or a position within that
agency;
[(4) inquiries, in writing, from the director of a
treatment agency or the director of a facility to which
the juvenile has been committed by the court;
[(5) inquiries from an agency considering the person
for a position immediately and directly affecting the
national security; and
[(6) inquiries from any victim of such juvenile
delinquency, or if the victim is deceased from the
immediate family of such victim, related to the final
disposition of such juvenile by the court in accordance
with section 5037.
Unless otherwise authorized by this section, information about
the juvenile record may not be released when the request for
information is related to an application for employment,
license, bonding, or any civil right or privilege. Responses to
such inquiries shall not be different from responses made about
persons who have never been involved in a delinquency
proceeding.
[(b) District courts exercising jurisdiction over any
juvenile shall inform the juvenile, and his parent or guardian,
in writing in clear and nontechnical language, of rights
relating to his juvenile record.
[(c) During the course of any juvenile delinquency
proceeding, all information and records relating to the
proceeding, which are obtained or prepared in the discharge of
an official duty by an employee of the court or an employee of
any other governmental agency, shall not be disclosed directly
or indirectly to anyone other than the judge, counsel for the
juvenile and the Government, or others entitled under this
section to receive juvenile records.
[(d) Whenever a juvenile is found guilty of committing an act
which if committed by an adult would be a felony that is a
crime of violence or an offense described in section 401 of the
Controlled Substances Act or section 1001(a), 1005, or 1009 of
the Controlled Substances Import and Export Act, such juvenile
shall be fingerprinted and photographed. Except a juvenile
described in subsection (f), fingerprints and photographs of a
juvenile who is not prosecuted as an adult shall be made
available only in accordance with the provisions of subsection
(a) of this section. Fingerprints and photographs of a juvenile
who is prosecuted as an adult shall be made available in the
manner applicable to adult defendants.
[(e) Unless a juvenile who is taken into custody is
prosecuted as an adult neither the name nor picture of any
juvenile shall be made public in connection with a juvenile
delinquency proceeding.
[(f) Whenever a juvenile has on two separate occasions been
found guilty of committing an act which if committed by an
adult would be a felony crime of violence or an offense
described in section 401 of the Controlled Substances Act or
section 1001(a), 1005, or 1009 of the Controlled Substances
Import and Export Act, or whenever a juvenile has been found
guilty of committing an act after his 13th birthday which if
committed by an adult would be an offense described in the
second sentence of the fourth paragraph of section 5032 of this
title, the court shall transmit to the Federal Bureau of
Investigation the information concerning the adjudications,
including name, date of adjudication, court, offenses, and
sentence, along with the notation that the matters were
juvenile adjudications.]

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.

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.
* * * * * * *
----------

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

* * * * * * *

TITLE I--JUSTICE SYSTEM IMPROVEMENT

* * * * * * *

[Part R--Transition; Effective Date; Repealer

[Sec. 1801. Continuation of rules, authorities, and proceedings.
[Sec. 1701. Continuation of rules, authorities, and proceedings.]

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.
* * * * * * *

[PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

[SEC. 1801. GRANT AUTHORIZATION.

[(a) In General.--The Attorney General may make grants under
this part to States, for the use by States and units of local
government, for the purpose of developing alternative methods
of punishment for young offenders to traditional forms of
incarceration and probation.
[(b) Alternative Methods.--The alternative methods of
punishment referred to in subsection (a) should ensure certain
punishment for young offenders and promote reduced recidivism,
crime prevention, and assistance to victims, particularly for
young offenders who can be punished more effectively in an
environment other than a traditional correctional facility,
including--
[(1) alternative sanctions that create accountability
and certain punishment for young offenders;
[(2) restitution programs for young offenders;
[(3) innovative projects, such as projects consisting
of education and job training activities for
incarcerated young offenders, modeled, to the extent
practicable, after activities carried out under part B
of title IV of the Job Training Partnership Act
(relating to Job Corps) (29 U.S.C. 1691 et seq.) and
projects that provide family counseling;
[(4) correctional options, such as community-based
incarceration, weekend incarceration, and electronic
monitoring of offenders;
[(5) community service programs that provide work
service placement for young offenders at non-profit,
private organizations and community organizations;
[(6) innovative methods that address the problems of
young offenders convicted of serious substance abuse
(including alcohol abuse) and gang-related offenses;
and
[(7) adequate and appropriate after care programs for
young offenders, such as substance abuse treatment,
education programs, vocational training, job placement
counseling, family counseling and other support
programs upon release.

[SEC. 1802. STATE APPLICATIONS.

[(a) In General.--
[(1) Submission of application.--To request a grant
under this part, the chief executive of a State shall
submit an application to the Attorney General in such
form and containing such information as the Attorney
General may reasonably require.
[(2) Assurances.--An application under paragraph (1)
shall include assurances that Federal funds received
under this part shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
[(b) State Office.--The office designated under section 507--
[(1) shall prepare the application as required under
subsection (a); and
[(2) shall administer grant funds received under this
part, including review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.

[SEC. 1803. REVIEW OF STATE APPLICATIONS.

[(a) In General.--The Attorney General shall make a grant
under section 1801(a) to carry out the projects described in
the application submitted by such applicant under section 1802
upon determining that--
[(1) the application is consistent with the
requirements of this part; and
[(2) before the approval of the application, the
Attorney General has made an affirmative finding in
writing that the proposed project has been reviewed in
accordance with this part.
[(b) Approval.--Each application submitted under
section 1802 shall be considered approved, in whole or
in part, by the Attorney General not later than 45 days
after first received unless the Attorney General
informs the applicant of specific reasons for
disapproval.
[(c) Restriction.--Grant funds received under this part shall
not be used for land acquisition or construction projects,
other than alternative facilities described in section 1801(b).
[(d) Disapproval Notice and Reconsideration.--The Attorney
General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity
for reconsideration.

[SEC. 1804. LOCAL APPLICATIONS.

[(a) In General.--
[(1) Submission of application.--To request funds
under this part from a State, the chief executive of a
unit of local government shall submit an application to
the office designated under section 1802(b).
[(2) Approval.--An application under paragraph (1)
shall be considered to have been approved, in whole or
in part, by the State not later than 45 days after such
application is first received unless the State informs
the applicant in writing of specific reasons for
disapproval.
[(3) Disapproval.--The State shall not disapprove any
application submitted to the State without first
affording the applicant reasonable notice and an
opportunity for reconsideration.
[(4) Effect of approval.--If an application under
subsection (a) is approved, the unit of local
government is eligible to receive funds under this
part.
[(b) Distribution to Units of Local Government.--A State that
receives funds under section 1801 in a fiscal year shall make
such funds available to units of local government with an
application that has been submitted and approved by the State
within 45 days after the Attorney General has approved the
application submitted by the State and has made funds available
to the State. The Attorney General may waive the 45-day
requirement in this section upon a finding that the State is
unable to satisfy such requirement under State statutes.

[SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.

[(a) State Distribution.--Of the total amount appropriated
under this part in any fiscal year--
[(1) 0.4 percent shall be allocated to each of the
participating States; and
[(2) of the total funds remaining after the
allocation under paragraph (1), there shall be
allocated to each of the participating States an amount
which bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number of
young offenders in all the participating States.
[(b) Local Distribution.--
[(1) In general.--A State that receives funds under
this part in a fiscal year shall distribute to units of
local government in such State for the purposes
specified under section 1801 that portion of such funds
which bears the same ratio to the aggregate amount of
such funds as the amount of funds expended by all units
of local government for correctional programs in the
preceding fiscal year bears to the aggregate amount of
funds expended by the State and all units of local
government in such State for correctional programs in
such preceding fiscal year.
[(2) Undistributed funds.--Any funds not distributed
to units of local government under paragraph (1) shall
be available for expenditure by such State for purposes
specified under section 1801.
[(3) Unused funds.--If the Attorney General
determines, on the basis of information available
during any fiscal year, that a portion of the funds
allocated to a State for such fiscal year will not be
used by such State or that a State is not eligible to
receive funds under section 1801, the Attorney General
shall award such funds to units of local government in
such State giving priority to the units of local
government that the Attorney General considers to have
the greatest need.
[(c) General Requirement.--Notwithstanding subsections (a)
and (b), not less than two-thirds of funds received by a State
under this part shall be distributed to units of local
government unless the State applies for and receives a waiver
from the Attorney General.
[(d) Federal Share.--The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the
projects described in the application submitted under section
1802(a) for the fiscal year for which the projects receive
assistance under this part.
[(e) Consideration.--Notwithstanding subsections (a) and (b),
in awarding grants under this part, the Attorney General shall
consider as a factor whether a State has in effect throughout
such State a law or policy that requires that a juvenile who is
in possession of a firearm or other weapon on school property
or convicted of a crime involving the use of a firearm or
weapon on school property--
[(1) be suspended from school for a reasonable period
of time; and
[(2) lose driving license privileges for a reasonable
period of time.
[(f) Definition.--For purposes of this part, ``juvenile''
means a person 18 years of age or younger.

[SEC. 1806. EVALUATION.

[(a) In General.--
[(1) Submission to the director.--Each State and unit
of local government that receives a grant under this
part shall submit to the Attorney General an evaluation
not later than March 1 of each year in accordance with
guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by
representatives of the community of the programs funded
by the grant.
[(2) Waiver.--The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney
General determines that such evaluation is not
warranted in the case of the State or unit of local
government involved.
[(b) Distribution.--The Attorney General shall make available
to the public on a timely basis evaluations received under
subsection (a).
[(c) Administrative Costs.--A State or unit of local
government may use not more than 5 percent of funds it receives
under this part to develop an evaluation program under this
section.]

PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

SEC. 1801. PROGRAM AUTHORIZED.

(a) In General.--The Director of the Bureau of Justice
Assistance 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 or operating temporary or
permanent juvenile correction or detention facilities;
(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 Director an
application at such time, in such form, and containing such
assurances and information as the Director 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 sanctionsescalate 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 Director under section 1803, except that
information that would otherwise be submitted to the
State shall be submitted to the Director.

SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

(a) State Allocation.--
(1) In general.--In accordance with regulations
promulgated pursuant to this part, the Director 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 Director 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 Director
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
Director, the Director 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
Director 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 Director 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 Director regarding the proposed use of funds made
available under this part.

SEC. 1805. PAYMENT REQUIREMENTS.

(a) Timing of Payments.--The Director 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) 90 days after the date that the amount is
available, or
(2) the first day of the payment period if the State
has provided the Director 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 Director,
by not later than 27 months after receipt of funds from
the Director, any amount that is not expended by the
State within 2 years after receipt of such funds from
the Director.
(2) Penalty for failure to repay.--If the amount
required to be repaid is not repaid, the Director shall
reduce payment in future payment periods accordingly.
(3) Deposit of amounts repaid.--Amounts received by
the Director 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 one 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 Director 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 ``Director'' means the Director of the
Bureau of Justice Assistance.

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 Director 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 Director 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.
* * * * * * *
ADDITIONAL VIEWS OF HON. CHARLES E. SCHUMER

I agree with the majority that juvenile crime is among the
most pressing crime problems facing the nation, and that
federal legislation addressing this problem is warranted.
However, while I support many of the provisions of H.R. 3 as
reported, the bill fails to address two areas critical to
reducing juvenile crime: funding for community-based youth
crime prevention efforts, and stopping the flow of guns to
youth gangs. These omissions are just as significant as the
provisions that have been included in the bill, and I hope that
they will be remedied before this bill is enacted.

I. Prosecution of Juveniles as Adults

I agree with the majority that federal laws regarding the
prosecution of persons under 18 years of age need to be
strengthened to give the Department of Justice authority to
prosecute the most serious violent juvenile offenders as adult
criminals. I note that the responsibility for prosecuting
juvenile offenders rests almost entirely with the states, and
that the number of juveniles who come under federal criminal
jurisdiction is quite small. In those cases in which federal
prosecutors do have jurisdiction over violent juvenile
offenders, however, I believe federal law should permit
prosecutors to seek punishment that is appropriate to the
severity of the offense. Title I of H.R. 3, as reported,
effects this goal.

II. Defects of the Grant Program in H.R. 3

I do have serious concerns, however, about Title III of the
bill, which authorizes $500 million annually in block grants to
states. Because juvenile justice is almost entirely a local
responsibility, this title is perhaps the most important
section of H.R. 3.

a. lack of funding for crime-prevention efforts

First, and most important, I believe the bill's
restrictions on the uses to which the grant funds can be put
reflect an approach to juvenile justice policy that is far too
narrow. Under H.R. 3, as reported, the grant funds can be used
only for the construction or operation of juvenile confinement
facilities, or for use in one or another component of the
recipient's juvenile justice system (e.g., courts, prosecutors,
probation departments). The crucial limitation, however, is
that the funds can only be used to deal with juveniles who are
already in the juvenile justice system. Not a penny of the
grants can be used to prevent kids from becoming involved with
gangs and crime in the first place. This is a terrible
omission, and if not corrected it will result in a bill that is
one-sided and not nearly as effective as it could be.
I believe that at least half of the grant funds ought to be
available for well-designed, targeted programs that have proven
to be effective in reducing juvenile crime--efforts like
community schools, mentoring programs, safe havens, and in-
school peer mediation programs. At an April 7, 1997 hearing,
the Subcommittee on Crime heard compelling testimony from
representatives of three organizations--the Crown Heights Youth
Collective, the Alliance for Concerned Men of Washington, D.C.,
and the Columbia County Program for At-Risk Youth--about the
success these organizations have had in working with at-risk
youth and helping young people to become successful, honest
citizens. Last month, the Manhattan Institute, a conservative
think-tank, released a study showing that well-crafted
mentoring and intervention programs have demonstrable success
in reducing recidivism among young offenders. The study focused
on three prevention programs: Big Brothers and Big Sisters of
America, the Youth Aid Panel in Philadelphia, and a coalition
of churches in Boston.
I cite these specific examples not to single out individual
efforts, but to show that there is a growing body of research,
looking at specific programs actually in operation today, which
proves that investment in smart prevention programs is repaid
many times over in avoided incarceration costs and, more
important, in lives put back on track. The problem is not that
prevention doesn't work--the problem is that the programs that
are successful are reaching far too few of the children we need
to be worried about. That is why federal support for these
efforts is so important.
The majority resisted funding such programs, according to
statements made at the Committee mark-up session, in part
because the majority wanted to protect the availability of
funds for the construction or expansion of juvenile confinement
facilities. However, significant federal funding is already
available for that purpose. Under the Violent Crime Control and
Law Enforcement Act of 1994, states receive federal grants for
the construction of correctional facilities--including juvenile
facilities. Approximately $667 million was appropriated for
such grants in FY 1997. But while the statute permits states to
use up to 15% of these grant funds for juvenile facilities, in
practice the states have devoted only 3% of their grants to
that purpose, according to the American Correctional
Association. The best way to build more cells for juvenile
offenders would be to set aside a specific portion of these
prison construction grant funds for juvenile facilities. I
offered an amendment to do that at the Judiciary Committee
mark-up session, but the amendment was ruled out of order.

b. conditions restricting states' eligibility for grants

Second, H.R. 3 as enacted would condition a state's
eligibility for the grant funds on the state's laws meeting
four requirements: the state would be required to give its
prosecutors authority to prosecute individuals age 15 and older
for ``serious violent crimes''; the state would be required to
open records of juvenile adjudications for felony-equivalent
behavior to the same extent that adult criminal records are
open; the state would be required to impose ``graduated
sanctions'' on juveniles adjudicated delinquent; and the state
would be required to permit its judges to fine the parents of
juvenile offenders for their children's misconduct.
Only a handful of states meet these conditions. Based on a
preliminary review of state laws, it appears that at least the
following 15 states will be prohibited from receiving grant
funds under H.R. 3, as reported:

Alaska
California
Illinois
Maine
Massachusetts
Missouri
New Jersey
North Carolina
Ohio
Pennsylvania
South Dakota
Texas
Utah
Virginia
Washington

This list is preliminary and incomplete; I believe that several
additional states will be disqualified from receiving funds
under H.R. 3 as adopted, but I have omitted them from this list
pending a more thorough review of their internal laws and
policies. Ultimately, it is likely that only a minority of
states would qualify under H.R. 3 as reported.
Accepting, as I do, the majority's view that state juvenile
justice systems desperately need resources to lower caseloads
and do a better job responding to the juveniles in their
jurisdictions, I believe it is counterproductive to bar the
majority of the states from getting access to these resources.
It simply makes no sense to establish a grant program that will
be available to fewer than half the states.

c. waste in the grant allocation formula

Third, even in states that will receive grants, the
allocation formula in H.R. 3, as reported, fails to direct
funds to the jurisdictions where they are most needed. Juvenile
justice programs--including policing, prosecution, confinement
and prevention functions-- are operated largely by counties,
cities, towns and other local governments. H.R. 3, however,
send grant funds to state governments, and permits the states
to retain fully 25% of the funding. The money should instead be
distributed directly to local governments. Funneling grants
through the states adds an unnecessary layer of bureaucracy and
will squander precious resources, diluting the effectiveness of
what is likely to be an under funded program.

III. Lack of Provisions Addressing the Underground Market in Illegal
Firearms

In addition to the lack of prevention funding, there is
another glaring omission in H.R. 3--provisions dealing with the
illegal trade in firearms. The reason that youth crime is so
much more violent and deadly today than in years past is
because gangs are better armed than ever before.
Amendments offered by Mr. Conyers and myself at the
Committee markup session would have added three crucial
provisions to this bill: a prohibition barring anyone with a
record of violent juvenile offenses from possessing a firearm;
a new federal crime for interstate illegal gun trafficking,
with stiff penalties for ``gun kingpins'' who smuggle 50 or
more guns interstate; and a requirement that federally licensed
firearms dealers sell child safety locks with firearms.
These reasonable measures would do a great deal to reduce
the carnage from unauthorized firearms use, without impinging
on the rights of law-abiding gun owners. If we are to launch a
comprehensive assault on youth violence, these initiatives must
be included.

Charles E. Schumer.
DISSENTING VIEWS

Introduction

We dissent from H.R. 3 because it is too extreme in its
treatment of juveniles in the system, both in its insistence on
prosecuting more juveniles as adults and in allowing juveniles
to be housed with adults, and because it fails to include any
measures aimed at preventing juvenile crime. Moreover, as
written the bill fails to include provisions crucial to the
fight against crime including real prevention funding, drug
control efforts, gun control efforts, and provisions aimed at
targeting gang activity.
The overwhelming majority of juvenile crime is state crime.
Very few juveniles who commit crimes wind up in the federal
system. As of February 23, 1997, the Bureau of Prisons had 197
juveniles in contract facilities, 13 of whom are serving adult
sentences. The remaining 184 are serving juvenile
sentences.¹ The Bureau of Prisons received 137 new
admissions in fiscal year 1996 and 121 in fiscal year
1995.² Thus, federal juvenile justice reform can be
expected to effect no more than 150 children a year.
Nonetheless, because juvenile crime is a ``hot'' political
issue, the Congress feels compelled to pass some form of
juvenile justice reform legislation.
---------------------------------------------------------------------------
\1\ Memorandum from Steve Scher, Congressional Relations, Bureau of
Prisons, February 28, 1997 (on file with House Judiciary Committee,
Democratic staff) [hereafter BOP Memo].
\2\ BOP Memo.
---------------------------------------------------------------------------
Given the growing concern of American citizens over
juvenile crime, for Congress to pass truly beneficial
legislation, we would need to look for ways not only to punish
juvenile offenders, but for ways in which we can prevent
children from becoming criminals in the first place. H.R. 3
fails in this regard.
Despite public perceptions of high levels of juvenile
violence, only 6% of juvenile arrests in 1992 were for violent
crimes.³ In 1994, the percentage remained
unchanged.⁴ Moreover, with one exception, the level
of juvenile crime, including violent crime, has actually
declined over the past 20 years.⁵ The exception is
juvenile homicides committed with handguns.
---------------------------------------------------------------------------
\3\ Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and
Victims: A National Report 100 (Office of Juvenile Justice and
Delinquency Prevention, August 1995) [hereafter, National Report].
\4\ Howard N. Snyder, Melissa Sickmund and Eileen Poe-Yamagata,
Juvenile Offenders and Victims: 1996 Update on Violence 10 (Office of
Juvenile Justice and Delinquency Prevention, February 1996) [hereafter,
1996 Update].
\5\ Michael A. Jones and Barry Krisberg, Images and Reality:
Juvenile Crime, Youth Violence and Public Policy 9 (National Council on
Crime and Delinquency 1994) [hereafter, Images and Reality].
---------------------------------------------------------------------------
The level of juvenile homicides tripled between 1984 and
1994 and the increase was completely firearm
related.⁶ Though this statistic is significant, it
is important to recognize that juvenile homicide represents
only \1/10\ of 1% of all juvenile offenses.⁷
Moreover, recent data indicate that the rate of violent
juvenile offenses went down in 1995 and the rate of homicides
by juveniles has decreased by more than 14%.⁸
---------------------------------------------------------------------------
\6\ 1996 Update at 2-3.
\7\ 1996 Update at 10.
\8\ Federal Bureau of Investigation, Uniform Crime Reports for the
United States 1995 216 (1995).
---------------------------------------------------------------------------

I. H.R. 3 Endangers Children by Allowing Juveniles To Be Incarcerated
With Adults

One of our primary concerns with the majority's legislation
is that it allows juveniles to be housed with adults. First,
the bill allows juveniles and adults to be housed together in
pre-trial detention. Perhaps most disturbingly, this provision
would permit children who have not been accused of violent
crimes to be held in adult jails. Children charged with petty
offenses like shoplifting or motor vehicle violations could be
held with adult inmates.
Second, as a condition of receiving funding under the grant
program, a state must try juveniles as young as 15 as adults if
they commit serious violent felonies. As states often house
juveniles convicted as adults with adult inmates, this
condition is likely to result in a considerable increase in the
number of juveniles housed with adults. Unconcerned, the
majority rejected an amendment offered by Mr. Watt of North
Carolina that would have added as a condition to the grant
program, a requirement that states house juveniles convicted as
adults separately from adult inmates.
Prior to passage of the JJDPA, abused and neglected
children were held in jails and other locked facilities with
youth who had committed violent crimes. These children were
mistreated, re-abused and exposed to criminal behavior.
Children in adult jails often attempt suicide. The suicide rate
for such children in adult jails is eight times higher than for
children in juvenile detention centers.⁹ Most
suicide attempts by children occur during the first 24 hours of
confinement.¹⁰ In addition, children who come into
contact with adult inmates are often physically or sexually
abused.¹¹
---------------------------------------------------------------------------
\9\ Juveniles in Adult Jails and Lockups: It's Your Move 3
(Community Research Center for OJJDP Feb. 1985) [hereafter Jails and
Lockups]; Michael G. Flaherty, An Assessment of the National Incidence
of Juvenile Suicide in Adult Jails, Lockups and Juvenile Detention
Centers 10 (Community Research Forum for OJJDP 1980).
\10\ Lindsey M. Hayes, ``And Darkness Closes In . . . A National
Study of Jail Suicides'' 10 Criminal Justice and Behavior 461, 471
(1983).
\11\ Jails and Lockups at 2.
---------------------------------------------------------------------------
There are numerous examples of such cases. In Ironton,
Ohio, a 15 year-old girl ran away from home overnight, then
returned to her parents. A juvenile court judge put her in a
county jail to ``teach her a lesson.'' The girl was sexually
assaulted by a deputy jailer on her fourth night in
jail.¹²
---------------------------------------------------------------------------
\12\ Soler, ``Litigation on Behalf of Children in Adult Jails,'' 34
Crime and Delinquency 190, 201 (April 1998)[hereafter Litigation on
Behalf of Children] (citing Doe v. Burwell, 537 F. Supp. 186 (S.D. Ohio
1982)).
---------------------------------------------------------------------------
In Boise, Idaho, 17 year-old Christopher Petermen was held
in adult jail for failing to pay $73 in traffic fines. Over a
14 hour period, he was tortured and finally murdered by other
prisoners in the cell, all after another teen-ager had been
beaten unconscious by the same inmates only a few days
earlier.¹³
---------------------------------------------------------------------------
\13\ Litigation on Behalf of Children at 201 (citing Yellen v. Ada
County, Civ. No. 83-10266 (D. ID. 1985)).
---------------------------------------------------------------------------
In LaGrange, Kentucky, 15-year-old Robbie Horn was confined
in an adult facility for refusing to obey his mother. Soon
after he was placed in jail he used his own shirt to hang
himself. ¹⁴ And in Glenn County, California, 15-
year-old Kathy Robbins was taken to the local jail for staying
out past curfew. After several days, she had a detention
hearing but was not released. Immediately after the hearing,
she returned to her cell and hung herself.¹⁵
---------------------------------------------------------------------------
\14\ Litigation on Behalf of Children at 201 (citing Horn v. Oldham
County, CA. No. C-83-208LB (W.D. KY 1985)).
\15\ Litigation on Behalf of Children at 204 (citing Robbins v.
Glenn County, No. Civs. 85-0675 RAR (E.D. Cal. 1986)).
---------------------------------------------------------------------------
Currently, almost every state and territory is in
compliance with the provisions of the JJDPA. Weakening the
protections included in that Act is unnecessary given the
overwhelming compliance and will permit a return to the abuses
of the past.
This step backward in the housing of juveniles will ensure
that those inmates will be victimized assaulted and abused,
both physically and sexually. Moreover, young inmates who
cannot survive in such situations will have little choice but
to enter protective custody, which is usually a separate secure
housing unit in which they spend a great deal of time in
isolation--a setting that is especially conducive to suicidal
behavior.¹⁶
---------------------------------------------------------------------------
\16\ Transferring Juveniles at 5.
---------------------------------------------------------------------------

II. H.R. 3 Unnecessarily Expands the Prosecution of Juveniles as Adults

H.R. 3 expands federal prosecutors ability to prosecute 13-
and 14-year-olds as adults by adding any felony crime of
violence; unlawful transfer of a handgun to a juvenile or
possession of a handgun by a juvenile; and certain gun
trafficking, drug trafficking and explosives trafficking
offenses to the list of crimes for which 13 year olds can
currently be prosecuted. Current law permits prosecution of
juveniles age 15 and up for these crimes, and permits
prosecution of 13 year olds for murder, attempted murder, armed
robbery or armed sexual assault.
H.R. 3 also gives the discretion to prosecute juveniles as
adults to the Department of Justice. It imposes a statutory
presumption of adult prosecution for serious crimes, allowing
the Attorney General to choose a juvenile proceeding instead.
While current law requires judicial approval for prosecution as
adult, this provision is eliminated by the majority's
legislation.
Finally, in order to receive money under the grant program
contained in the bill, states are required to prosecute
juveniles as young as 15 as adults for serious violent crimes.
We do not believe that the federal government should be
requiring states to handle their juvenile offenders in any
specific way. Moreover, even if the majority truly believes it
is imperative that 15 year olds to be tried as adults, this
language is unnecessary.
Thirty-five states have changed their laws in the past two
years to prosecute more juveniles in adult court.¹⁷
The states have done this in a variety of ways:
---------------------------------------------------------------------------
\17\ Fox Butterfield, ``States Revamping Laws on Juveniles as
Felonies Soar,'' The New York Times (May 12, 1996).
---------------------------------------------------------------------------
(1) by increasing the number of offenses for which
juveniles can be transferred to adult court after a
judicial hearing;
(2) by lowering the age at which juveniles can be
transferred;
(3) by designating certain offenses for which
juveniles are automatically prosecuted in adult court;
(4) by presuming that for some offenses, juveniles
should be prosecuted in adult courts, but allowing the
juvenile to try to prove that he is amenable to
treatment so that the judge will grant him a ``reverse
waiver'' back to juvenile court and
(5) by giving prosecutors the authority to decide in
individual cases whether young people should be charged
in juvenile court or adult court.
In 49 states, juvenile judges have the authority to hear
and decide transfer petitions for at least some crimes. In 26
states, certain crimes (usually serious offenses against
persons) charged against juveniles of a specified age are
excluded by law from the jurisdiction of juvenile courts and 13
states grant prosecutors the authority to decide to try
specified juvenile crimes in juvenile or criminal
courts.¹⁸ Usually, states have hybrid systems,
sometimes giving the judge the authority to decide whether to
try a juvenile as an adult while other times leaving the
decision in the hands of the prosecutor. Only 16 states give
judges sole discretion to make decisions about transferring
juveniles to criminal court. In 20 states, judges make some
decisions, but state laws exclude certain offenders from
juvenile court jurisdiction. And in four states, all three
methods are used--judge's authority to decide, state law
provisions, and prosecutorial discretion--for various
categories of offenders.¹⁹
---------------------------------------------------------------------------
\18\ Transferring Juveniles at 1.
\19\ Transferring Juveniles at 1.
---------------------------------------------------------------------------
The age at which transfer is permitted ranges from 13 to
16, although a majority of states permit the transfer of youths
whose offenses, such as murder, fall into a category for which
no minimum age is provided.²⁰
---------------------------------------------------------------------------
\20\ Transferring Juveniles at 2.
---------------------------------------------------------------------------
The number of juveniles being transferred for trial in
adult courts rose 68% (from 7,000 to 11,000) between 1988 and
1992. Transfers against juveniles accused of crimes against
persons have increased the most, but transfers for drug
offenses and public order offenses have also increased
dramatically. Despite the alleged focus on violent crime,
however, only 34% of the transferred cases in 1992 involved
crimes against persons. Property crimes accounted for 45%, drug
crimes 12% and public order offenses, 9%.²¹
---------------------------------------------------------------------------
\21\ Transferring Juveniles at 2.
---------------------------------------------------------------------------
In the federal system, current law gives the Attorney
General the discretion to seek to prosecute as an adult any
juvenile who is at least 15 and has committed a crime of
violence, some drug trafficking offenses or some firearms
offenses if a court finds the transfer would be in the
interests of justice.²² The age at which a juvenile
may be proceeded against as an adult drops to 13 if the crime
of violence alleged is assault,²³
murder,²⁴ attempted murder,²⁵ or if the
juvenile possessed a firearm during the offense,
robbery,²⁶ bank robbery,²⁷ aggravated
sexual abuse.²⁸ This provision does not apply if the
sole reason for Federal jurisdiction is that the offense took
place on Indian territory unless the tribe so desires.
---------------------------------------------------------------------------
\22\ 18 U.S.C. Sec. 5032.
\23\ 18 U.S.C. Sec. 113.
\24\ 18 U.S.C. Sec. 1111.
\25\ 18 U.S.C. Sec. 1113.
\26\ 18 U.S.C. Sec. 2111.
\27\ 18 U.S.C. Sec. 2113.
\28\ 18 U.S.C. Sec. 2241 (a) and (c).
---------------------------------------------------------------------------
Also under current law, prosecution of a juvenile as an
adult is mandatory for any juvenile age 16 or older who commits
an offense that would have been a felony had it been committed
by an adult can be proceeded against as an adult if either (1)
an element of the offense contains as an element the use or
threatened use of force against a person; (2) the juvenile has
committed certain drug trafficking offenses; or (3) the
juvenile committed certain firearms or explosives offenses. In
addition, the juvenile must have committed such a federal
offense or similar state offense previously.²⁹
---------------------------------------------------------------------------
\29\ 18 U.S.C. Sec. 5032.
---------------------------------------------------------------------------
As the states have moved to increase the prosecution of
juveniles as adults, the proposed legislation would expand
federal prosecution of juveniles as adults. This would be done
by (1) mandating the prosecution of some juveniles as adults;
(2) giving prosecutors increased authority to seek to charge
juveniles as adults; and (3) increasing the category of
offenses for which judges can use their discretion to transfer
juveniles to federal court.
In its zeal to legislate the end of juvenile crime, the
majority is ignoring the research that questions the wisdom of
prosecuting juveniles as adults. Prosecuting juveniles as
adults has been shown to be ineffective by at least two
studies, one conducted by Donna Bishop and Charles Frazier at
the University of Florida,³⁰ and the other conducted
by Jeffrey Fagan at Columbia University.³¹ Both
studies matched juveniles for age, present offense, prior
offenses, and other characteristics, and reviewed the treatment
of those juveniles in juvenile and adult courts. Both studies
found that juveniles sent to the adult court system are
significantly more likely to be re-arrested--30% more likely--
than those kept in juvenile court.
---------------------------------------------------------------------------
\30\ Donna M. Bishop, et al., ``The Transfer of Juveniles to
Criminal Court: Does it Make a Difference?'' 42 Crime and Delinquency
171 (1996).
\31\ Jeffrey Fagan, ``The Comparative Advantage of Juvenile Versus
Criminal Court Sanctions on Recidivism Among Adolescent Felony
Offenders'' (1996).
---------------------------------------------------------------------------
Despite the evidence of the ineffectiveness of this
approach, H.R. 3 increases the number of juveniles who will be
tried as adults. Good politics, not good policy seems to be
dictating our approach to juvenile crime.

III. H.R. 3 Unwisely Opens up Juvenile Records

Another area of some controversy involves the issue of
juvenile records. Under current law, records of federal
criminal prosecutions are open to the public, both during and
after the trial (except for rare cases in which the judge
orders certain records sealed--usually to protect informants).
Records of juvenile delinquency proceedings, however, are
usually confidential. Federal law authorizes disclosure of such
records only in response to law enforcement inquiries or to
inquiries from the victim.³² This law prevents the
names of juvenile delinquents from being put on the FBI
criminal history database.
---------------------------------------------------------------------------
\32\ 18 U.S.C. Sec. 5038.
---------------------------------------------------------------------------
H.R. 3 would require that federal juvenile records be
treated the same as adult records and it would force states to
adopt similar policies by making the receipt of grant money
contingent on the adoption of such a policy. We are concerned
that completely opening juvenile records may brand a child,
limiting his or her educational and job opportunities.
Moreover, there is some concern that juveniles may actually
seek out notoriety by committing crimes. Therefore, we would
limit access to juvenile records to law enforcement and
appropriate social service agencies.

IV. H.R. 3's Grant Program is an Unjustified Mandate to the States

The grant program in H.R. 3 authorizes $500 million a year
for three years for a juvenile justice block grant program.
This would replace the law enforcement block grant program
created by the Republicans in 1995. That program, which
effectively replaced the 1994 Crime Bill prevention programs,
has received approximately $500 million each of the past two
years.
Money would be initially distributed to states on the basis
of juvenile population. Each state would be permitted to keep
25% of the money and would be required to pass through 75% to
localities on the basis of law enforcement expenditures and
violent crime rates. Funds could be used for building and
operating juvenile confinement facilities, implementing
``accountability-based'' sanctions, youth courts and prosecutor
initiatives.
Significantly, funding is contingent upon states
prosecuting 15 year olds or older for serious violent crimes,
treating juvenile records like adult records, using
``accountability-based sanctions'' in their juvenile justice
systems, and permitting parent-accountability orders.
We oppose this program for several reasons. First, as
written, it appears that only twelve states--Colorado,
Connecticut, Delaware, Florida, Georgia, Idaho, Mississippi,
Nebraska, New York, North Carolina, Vermont and Wyoming would
possibly qualify for funding under this grant. The other 38
states and the District of Columbia would not qualify and would
be forced to seriously amend state laws.
We oppose the conditions H.R. 3 sets out for states to
receive money, not only because we disagree with most of those
conditions, but because we do not believe that Congress should
be dictating state laws. In the past, the majority has often
argued against the ``Washington knows best approach'' and in
favor of leaving legislative decisions to the states. This
grant program is completely at odds with this philosophy; it
requires states to take legislative action on four fronts
before they can receive money. States must enact laws providing
for the prosecution of 15 year olds as adults, they must enact
laws opening up juvenile records; they must enact laws
providing for graduated sanctions programs; and they must
ensure that they have no laws prohibiting judges from making
parents responsible for their children's crimes.
In addition, we do not believe that the federal government
needs to be spending any more money to build prisons,
particularly not prisons to house juvenile offenders. Despite
the relatively low incidence of violent juvenile crime, the
juvenile justice system in the United States incarcerates
significant numbers of young people for nonviolent, and often
quite minor, offenses. In 1992, almost 300,000 juveniles were
detained, but only 24% were for offenses against people. The
number of juveniles detained for serious violent offenses was
much lower and almost half of the juveniles were detained for
property offenses while 20% were detained for ``public order''
offenses such as ``disorderly conduct'' and liquor law
violations.³³
---------------------------------------------------------------------------
\33\ National Report at 141.
---------------------------------------------------------------------------
The same situation exists for juveniles incarcerated after
disposition. In 1990, more than 65,000 juveniles were admitted
to state institutions and less than one-quarter of these were
committed for violent offenses. ³⁴ One analysis of
young inmates in 28 state juvenile corrections systems
concluded that less than 14% of juveniles had been committed
for serious violent offenses. More than one-half had been
committed for property and drug crimes.³⁵
---------------------------------------------------------------------------
\34\ National Report at 165.
\35\ Images and Reality at 27.
---------------------------------------------------------------------------
In 1991, 35 states reported 4,350 prison admissions for
people age 17 and younger.³⁶ And by 1992, 5,150 of
those admitted to state prisons were under age 18 and in 1993,
the number was 5,207.³⁷ This means that in 1991,
young offenders constitute under 2% of all prison admissions.
Of the 5,207 age 17 or younger admitted in 1993, the vast
majority came from only 10 states with North Carolina alone
accounting for 23.5% of all juvenile admissions.³⁸
---------------------------------------------------------------------------
\36\ Dale Parent, Transferring Serious Juvenile Offenders to Adult
Courts 4 (National Institute of Justice Action Report: Research in
Action Jan. 1997) [hereafter Transferring Juveniles].
\37\ Transferring Juveniles at 4.
\38\ Transferring Juveniles at 4 (citing National Institute of
Corrections, Offenders under Age 18 in State Adult Corrections Systems:
A National Picture, Special Issues in Corrections, Wash., D.C. 1995)).
---------------------------------------------------------------------------
In the Federal system, as of February 23, 1997, the Bureau
of Prisons had 197 juveniles in contract facilities, 13 of whom
are serving adult sentences. The remaining 184 are serving
juvenile sentences. ³⁹ The Bureau of Prisons
received 137 new admissions in fiscal year 1996 and 121 in
fiscal year 1995. ⁴⁰ Of the 184 individuals serving
juvenile sentences, one is 12 years old, one is 13 years old,
one is 14 years old, 10 are 15 years old, 22 are 16 years old,
35 are 17 years old, 54 are 18 years old, 33 are 19 years old,
26 are 20 years old and 1 is 21 years old. Of the 13 juveniles
serving adult sentences, one is 16 years old, 8 are 17 years
old, 2 are 18 years old and 2 are 19 years old. ⁴¹
---------------------------------------------------------------------------
\39\ BOP Memo.
\40\ BOP Memo.
\41\ BOP Memo.
---------------------------------------------------------------------------
Non-violent offenders constitute the majority of offenders
in the juvenile justice system. Led by Massachusetts, which
closed down its large institutions in the 1970s, a number of
states have shown that effective juvenile justice programs can
utilize an array of public and private community-based programs
to handle all but the most violent juvenile offenders.
⁴² Moreover, incarceration has been shown to be more
expensive than use of community placements and to be less
effective in reducing future delinquent behavior. ⁴³
Nevertheless, most states throughout the country continue to
lock up large numbers of juveniles charged with non-violent
offenses.
---------------------------------------------------------------------------
\42\ Steve Lerner, The Good News About Juvenile Justice
(Commonwealth Research Institute and National Council on Crime and
Delinquency 1990).
\43\ Images and Reality at 36-40; Peter W. Greenwood, et al.,
Diverting Children from a Life of Crime: Measuring Costs and Benefits
(Rand 1996).
---------------------------------------------------------------------------
Notably, juveniles who are incarcerated as adults are often
released early, particularly in states under court orders to
reduce adult prison overcrowding. Although from the perspective
of juvenile justice officials, transferred youths may have
relatively serious records, when compared to the population of
adult offenders, the juveniles' records are usually shorter and
less serious, making them candidates for early release.
⁴⁴
---------------------------------------------------------------------------
\44\ Transferring Juveniles at 2.
---------------------------------------------------------------------------
Given that most of the juveniles confined have been
confined for non-violent offenses and given that the most
effective ways to rehabilitate juvenile offenders do not
include incarceration, we oppose the grant program's focus on
prison building in the belief that the money would be far
better spent preventing children from becoming involved in
crime in the first place.

V. H.R. 3 Fails to Deal With the Problem of Disproportionate Minority
Confinement

One issue not considered in the majority's legislation is
the problem of disproportionate minority confinement. Although
African-American juveniles age 10 to 17 constitute 15% of the
total population of the United States, they constitute 26% of
juvenile arrests, 32% of delinquency referrals to juvenile
court, 41% of the juveniles detained in delinquency cases, 46%
of the juveniles in correctional institutions, and 52% of the
juveniles transferred to adult criminal court after judicial
hearings. ⁴⁵ In 1991, the public long-term custody
rate for African-American youth was nearly five times the rate
for white youth. ⁴⁶
---------------------------------------------------------------------------
\45\ National Report at 91.
\46\ National Report at 166.
---------------------------------------------------------------------------
Between 1983 and 199 , the number of minority youth held in
detention centers increased 79% while the number of white youth
increased by only 8%. ⁴⁷ A study of the California
juvenile justice system found that minority youth, particularly
African-Americans, consistently receive more severe
dispositions than white youth and are more likely to be
committed to state institutions than are white youth for the
same offenses. ⁴⁸
---------------------------------------------------------------------------
\47\ National Report at 144.
\48\ Images and Reality at 6.
---------------------------------------------------------------------------
As more juveniles are prosecuted as adults, and are
therefore subject to mandatory minimum sentences, we can expect
to see a significant increase in the number of African-American
juveniles receiving mandatory minimum sentences. The majority's
legislation does nothing to address this serious issue.

VI. H.R. 3 Fails to Address Significant Issues Including Juvenile Gun
Use, Drug Use, Gang Activity and Prevention

H.R. 3 is also troubling because it purports to
definitively address the juvenile crime problem, yet it fails
to address many of the issues that contribute to youth crime,
namely, guns, drugs and gangs. Most significantly, the
majority's bill does not include either a child safety lock
provision nor a gun disability for juvenile offenders. The bill
also fails to include penalties for illegal gun trafficking,
juvenile handgun possession, or knowingly receiving firearms
with obliterated serial numbers.
On the drug front, the majority's bill fails to give the
Attorney General the emergency authority to reschedule
dangerous drugs, it fails to reschedule two drugs used
primarily by teens--gamma hydroxybutyrate (``ghb'') and
ketamine. GHB, like Rohypnol which the Committee dealt with
last Congress, is odorless and colorless and has been used in
numerous date rapes. Ketamine, an animal tranquilizer, has
become the drug of choice at clubs and raves and produces
powerful hallucinations much like PCP.
Additionally, H.R. 3 fails to address one of the most
significant juvenile crime issues: the proliferation of gangs.
The bill should have included a provision making it a federal
crime for anyone to cross state lines to create a franchise of
a criminal street gang, it should have created a new crime for
cloning pagers and cell phones, and it should have increased
the penalties for witness intimidation.
Finally, and most significantly, H.R. 3 fails to include a
meaningful prevention program. The federal government should
give local governments money to assist them in finding ways to
stop the children in their communities from getting involved in
crime in the first place. Money should be available for boys
and girls clubs, mentoring programs, after school activities
and other programs that are research based, have been proven to
work and are cost-effective. In the same vein, money should
also be spent on early intervention for youth at risk of
committing crimes and intervention programs for first offenders
at risk of committing more serious crimes. All of the research
indicates, including a 1996 Rand Corporation study, that
prevention is the most cost- effective way of dealing with
juvenile crime. Despite this proven fact, H.R. 3 allows money
to be spent on prevention only after a juvenile has already
become involved with the criminal justice system. The
majority's general insistence on cost-effective government is
nowhere to be seen when it comes to juvenile crime. Apparently,
cost-effective crime fighting is not as important as
politically effective crime fighting.

Conclusion

Because H.R. 3 includes extreme and ineffective provisions
while failing to include many elements that would be useful in
fighting youth crime, we dissent from the passage of this
legislation.

John Conyers, Jr.
Jerrold Nadler.
Melvin L. Watt.
Sheila Jackson Lee.
Bob Scott.
Zoe Lofgren.
Maxine Waters.
Bill Delahunt.