[House Report 105-89]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-89
_______________________________________________________________________


                  PROVIDING FOR THE CONSIDERATION OF
 
           H.R. 3, THE JUVENILE CRIME CONTROL ACT OF 1997

                                _______
                                

 May 6, 1997.--Referred to the House Calendar and ordered to be printed

_______________________________________________________________________


   Mr. Solomon, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 143]

    The Committee on Rules, having had under consideration 
House Resolution 143, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 3, 
the ``Juvenile Crime Control Act of 1997'' under a modified 
closed rule. The rule provides one hour of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on the Judiciary.
    The rule provides that the committee amendment in the 
nature of a substitute will be considered as an original bill 
for the purpose of amendment and will be considered as read. 
The rule waives points of order against the committee amendment 
in the nature of a substitute for failure to comply with clause 
5(a), rule XXI (appropriations on a legislative bill).
    The rule provides that no amendments to the committee 
amendment in the nature of a substitute will be in order except 
those printed in the Rules Committee report. It provides that 
each amendment may be offered only in the order printed in the 
report, shall be debatable for the time specified in the report 
equally divided between the proponent and an opponent, and is 
not amendable except as specified in the report.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and to 
reduce the vote to five minutes on a postponed question if the 
vote follows a fifteen minute vote. Finally, the rule provides 
for one motion to recommit, with or without instructions.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee Rollcall No. 16

    Date: May 6, 1997
    Measure: Rule for the consideration of H.R. 3, the Juvenile 
Crime Control Act of 1997.
    Motion by: Mr. Moakley.
    Summary of motion: Make in order Delahunt amendment that 
would delete the requirement that states receiving grant funds 
meet conditions relating to the states' treatment of juvenile 
offenders to be used for specifically enumerated juvenile crime 
prevention programs and would set aside 50% of the grant funds 
for such purposes.
    Results: Defeated 2-8.
    Vote by Members: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay; 
Moakley--Yea; Frost--Yea; Solomon--Nay.

Rules Committee Rollcall No. 17

    Date: May 6, 1997.
    Measure: Rule for the consideration of H.R. 3, the Juvenile 
Crime Control Act of 1997.
    Motion by: Mr. Moakley.
    Summary of motion: Make in order Schumer amendment No. 17 
to require federally licensed firearms dealers to include a 
child safety lock as an accompaniment to each sale of a gun.
    Results: Defeated 2-8.
    Vote by Members: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay; 
Moakley--Yea; Frost--Yea; Solomon--Nay.

Rules Committee Rollcall No. 18

    Date: May 6, 1997.
    Measure: Rule for the consideration of H.R. 3, the Juvenile 
Crime Control Act of 1997.
    Motion by: Mr. Dreier.
    Summary of motion: To favorably report the resolution.
    Results: Adopted 8-3.
    Vote by Members: Dreier--Yea; Goss--Yea; Pryce--Yea; Diaz-
Balart--Yea; McInnis--Yea; Hastings--Yea; Myrick--Yea; 
Moakley--Nay; Frost--Nay; Slaughter--Nay; Solomon--Yea.

  summary of amendments made in order under the rule for h.r. 3, the 
                   juvenile crime control act of 1997

    (1) Gephardt--60 minutes: Substitute: Provides funding to 
communities for the implementation of a variety of research-
proven, cost effective, and comprehensive initiatives, such as 
Safe Haven after-school programs and drug prevention; provides 
funding to localities for the construction and operation of 
secure juvenile facilities or the funds can be used to 
establish comprehensive treatment, education, training and 
after-care programs focused on reducing recidivism and to 
establish initiatives to reduce juvenile access to guns; 
expedites to 90 days the time in which a judge must decide 
whether to transfer a juvenile to adult court; increases the 
penalties for the transfer of a handgun to a juvenile or for a 
juvenile to possess a handgun; provides a comprehensive review 
by the Attorney General to evaluate the effectiveness of 
federally funded programs for preventing juvenile violence and 
substance abuse; and funds the bill at $1.5 billion over three 
years.
    (2) Waters--10 minutes: Deletes the provision requiring the 
prosecution as adults of juveniles who are charged with 
conspiracy to commit drug crimes.
    (3) Conyers--10 minutes: Retains current law regarding the 
prosecution of 13-year-olds as adults. It would eliminate 
provisions of H.R. 3 which expand current law.
    (4) Scott--10 minutes: Strikes the language in the bill 
that allows states to use crime assistance funds on the 
building, operation, or expansion of prisons and detention 
centers.
    (5) Lofgren--10 minutes: Amends the grant program created 
by H.R. 3 to permit grant funds to be used in specifically 
enumerated juvenile crime prevention programs and would set 
aside 50% of the grant funds for such purposes.
    (6) Meehan--10 minutes: Allows the Director to give special 
priority for Byrne Discretionary Grants to public agencies that 
have proposed or have implemented strategies providing for 
cooperation between local state and federal law enforcement 
authorities to disrupt illegal gun sales to juveniles through 
crime gun tracing.
    (7) Dunn--10 minutes: Requires states to submit a plan to 
the Attorney General, within one year of the bill's enactment, 
describing the process by which parents will be notified of a 
juvenile sex offenders enrollment in an elementary or secondary 
school, as a condition of eligibility for Byrne Grant funding.
    (8) McCollum--10 minutes: Manager's Amendment. Makes 
technical and minor changes to Title I and Title III 
recommended by Justice Department.

 1. The Amendment To Be Offered by Representative Gephardt of Missouri 
         or a Designee, Debatable for Not To Exceed 60 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Families 
First Juvenile Offender Control and Prevention Act of 1997''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.

        TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS

Sec. 101. Short title.
Sec. 102. Grant program.

                  TITLE II--VIOLENT JUVENILE OFFENDERS

Sec. 201. Time limit on transfer decision.
Sec. 202. Increased detention, mandatory restitution, and additional 
          sentencing options for youth offenders.
Sec. 203. Juvenile handgun possession.
Sec. 204. Access of victims and public to records of crimes committed by 
          juvenile delinquents.

         TITLE III--IMPROVING JUVENILE CRIME AND DRUG PREVENTION

Sec. 301. Study by national academy of science.

        TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Juvenile Offender Control 
and Prevention Grant Act of 1997''.

SEC. 102. 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 OFFENDER CONTROL AND PREVENTION GRANTS

``SEC. 1801. PAYMENTS TO LOCAL GOVERNMENTS.

  ``(a) Payment and Uses.--
          ``(1) Payment.--The Director of the Bureau of Justice 
        Assistance may make grants to carry out this part, to 
        units of local government that qualify for a payment 
        under this part. Of the amount appropriated in any 
        fiscal year to carry out this part, the Director shall 
        obligate--
                  ``(A) not less than 60 percent of such amount 
                for grants for the uses specified in 
                subparagraphs (A) and (B) of paragraph (2);
                  ``(B) not less than 10 percent of such amount 
                for grants for the use specified in paragraph 
                (2)(C), and
                  ``(C) not less than 20 percent of such amount 
                for grants for the uses specified in 
                subparagraphs (E) and (G) of paragraph (2).
          ``(2) Uses.--Amounts paid to a unit of local 
        government under this section shall be used by the unit 
        for 1 or more of the following:
                  ``(A) Preventing juveniles from becoming 
                involved in crime or gangs by--
                          ``(i) operating after-school programs 
                        for at-risk juveniles;
                          ``(ii) developing safe havens from 
                        and alternatives to street violence, 
                        including educational, vocational or 
                        other extracurricular activities 
                        opportunities;
                          ``(iii) establishing community 
                        service programs, based on community 
                        service corps models that teach skills, 
                        discipline, and responsibility;
                          ``(iv) establishing peer mediation 
                        programs in schools;
                          ``(v) establishing big brother 
                        programs and big sister programs;
                          ``(vi) establishing anti-truancy 
                        programs;
                          ``(vii) establishing and operating 
                        programs to strengthen the family unit;
                          ``(viii) establishing and operating 
                        drug prevention, treatment and 
                        education programs; or
                          ``(ix) establishing activities 
                        substantially similar to programs 
                        described in clauses (i) through 
                        (viii).
                  ``(B) Establishing and operating early 
                intervention programs for at-risk juveniles.
                  ``(C) Building or expanding secure juvenile 
                correction or detention facilities for violent 
                juvenile offenders.
                  ``(D) Providing comprehensive treatment, 
                education, training, and after-care programs 
                for juveniles in juvenile detention facilities.
                  ``(E) Implementing graduated sanctions for 
                juvenile offenders.
                  ``(F) Establishing initiatives that reduce 
                the access of juveniles to fire arms.
                  ``(G) Improving State juvenile justice 
                systems by--
                          ``(i) developing and administering 
                        accountability-based sanctions for 
                        juvenile offenders;
                          ``(ii) hiring additional prosecutors, 
                        so that more cases involving violent 
                        juvenile offenders can be prosecuted 
                        and backlogs reduced; or
                          ``(iii) providing funding to enable 
                        juvenile courts and juvenile probation 
                        offices to be more effective and 
                        efficient in holding juvenile offenders 
                        accountable;
                  ``(H) providing funding to enable 
                prosecutors--
                          ``(i) to address drug, gang, and 
                        violence problems involving juveniles 
                        more effectively;
                          ``(ii) to develop anti-gang units and 
                        anti-gang task forces to address the 
                        participation of juveniles in gangs, 
                        and to share information about juvenile 
                        gangs and their activities; or
                          ``(iii) providing funding for 
                        technology, equipment, and training to 
                        assist prosecutors in identifying and 
                        expediting the prosecution of violent 
                        juvenile offenders;
                  ``(I) hiring additional law enforcement 
                officers (including, but not limited to, 
                police, corrections, probation, parole, and 
                judicial officers) who are involved in the 
                control or reduction of juvenile delinquency; 
                or
                  ``(J) providing funding to enable city 
                attorneys and county attorneys to seek civil 
                remedies for violations of law committed by 
                juveniles who participate in gangs.
          ``(3) Geographical distribution of grants.--The 
        Director shall ensure that grants made under this part 
        are equitably distributed among all units of local 
        government in each of the States and among all units of 
        local government throughout the United States.
  ``(b) Prohibited Uses.--Notwithstanding any other provision 
of this title, a unit of local government may not expend any of 
the funds provided under this part to purchase, lease, rent, or 
otherwise acquire--
          ``(1) tanks or armored personnel carriers;
          ``(2) fixed wing aircraft;
          ``(3) limousines;
          ``(4) real estate;
          ``(5) yachts;
          ``(6) consultants; or
          ``(7) vehicles not primarily used for law 
        enforcement;
unless the Attorney General certifies that extraordinary and 
exigent circumstances exist that make the use of funds for such 
purposes essential to the maintenance of public safety and good 
order in such unit of local government.
  ``(c) Repayment of Unexpended Amounts.--
          ``(1) Repayment required.--A unit of local government 
        shall repay to the Director, by not later than 27 
        months after receipt of funds from the Director, any 
        amount that is--
                  ``(A) paid to the unit from amounts 
                appropriated under the authority of this 
                section; and
                  ``(B) not expended by the unit 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.
  ``(d) Nonsupplanting Requirement.--Funds made available under 
this part to units of local government shall not be used to 
supplant State or local funds, 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.
  ``(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. 1802. 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.
The appropriations authorized by this subsection may be made 
from the Violent Crime Reduction Trust Fund.
  ``(b) Oversight Accountability and Administration.--Not more 
than 3 percent of the amount authorized to be appropriated 
under subsection (a) for each of the fiscal years 1998 through 
2000 shall be available to the Attorney General for studying 
the overall effectiveness and efficiency of the provisions of 
this part, and assuring compliance with the provisions of this 
part and for administrative costs to carry out the purposes of 
this part. The Attorney General shall establish and execute an 
oversight plan for monitoring the activities of grant 
recipients. Such sums are to remain available until expended.
  ``(c) Availability.--The amounts authorized to be 
appropriated under subsection (a) shall remain available until 
expended.

``SEC. 1803. QUALIFICATION FOR PAYMENT.

  ``(a) In General.--The Director shall issue regulations 
establishing procedures under which a unit of local government 
is required to provide notice to the Director regarding the 
proposed use of funds made available under this part.
  ``(b) Program Review.--The Director shall establish a process 
for the ongoing evaluation of projects developed with funds 
made available under this part.
  ``(c) General Requirements for Qualification.--A unit of 
local government qualifies for a payment under this part for a 
payment period only if the unit of local government submits an 
application to the Director and establishes, to the 
satisfaction of the Director, that--
          ``(1) the chief executive officer of the State has 
        had not less than 20 days to review and comment on the 
        application prior to submission to the Director;
          ``(2)(A) the unit of local government will establish 
        a trust fund in which the government will deposit all 
        payments received under this part; and
          ``(B) the unit of local government will 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 unit of local government;
          ``(3) the unit of local government will expend the 
        payments received in accordance with the laws and 
        procedures that are applicable to the expenditure of 
        revenues of the unit of local government;
          ``(4) the unit of local government will use 
        accounting, audit, and fiscal procedures that conform 
        to guidelines which shall be prescribed by the Director 
        after consultation with the Comptroller General and as 
        applicable, amounts received under this part shall be 
        audited in compliance with the Single Audit Act of 
        1984;
          ``(5) after reasonable notice from the Director or 
        the Comptroller General to the unit of local 
        government, the unit of local government will make 
        available to the Director and the Comptroller General, 
        with the right to inspect, records that the Director 
        reasonably requires to review compliance with this part 
        or that the Comptroller General reasonably requires to 
        review compliance and operation;
          ``(6) the unit of local government will spend the 
        funds made available under this part only for the 
        purposes set forth in section 1801(a)(2);
          ``(8) the unit of local government has established 
        procedures to give members of the Armed Forces who, on 
        or after October 1, 1990, were or are selected for 
        involuntary separation (as described in section 1141 of 
        title 10, United States Code), approved for separation 
        under section 1174a or 1175 of such title, or retired 
        pursuant to the authority provided under section 4403 
        of the Defense Conversion, Reinvestment, and Transition 
        Assistance Act of 1992 (division D of Public Law 102-
        484; 10 U.S.C. 1293 note), a suitable preference in the 
        employment of persons as additional law enforcement 
        officers or support personnel using funds made 
        available under this title. The nature and extent of 
        such employment preference shall be jointly established 
        by the Attorney General and the Secretary of Defense. 
        To the extent practicable, the Director shall endeavor 
        to inform members who were separated between October 1, 
        1990, and the date of the enactment of this section of 
        their eligibility for the employment preference;
  ``(d) Sanctions for Noncompliance.--
          ``(1) In general.--If the Director determines that a 
        unit of local government has not complied substantially 
        with the requirements or regulations prescribed under 
        subsections (a) and (c), the Director shall notify the 
        unit of local government that if the unit of local 
        government does not take corrective action within 60 
        days of such notice, the Director will withhold 
        additional payments to the unit of local government for 
        the current and future payment periods until the 
        Director is satisfied that the unit of local 
        government--
                  ``(A) has taken the appropriate corrective 
                action; and
                  ``(B) will comply with the requirements and 
                regulations prescribed under subsections (a) 
                and (c).
          ``(2) Notice.--Before giving notice under paragraph 
        (1), the Director shall give the chief executive 
        officer of the unit of local government reasonable 
        notice and an opportunity for comment.
  ``(e) Maintenance of Effort Requirement.--A unit of local 
government qualifies for a payment under this part for a 
payment period only if the unit's expenditures on law 
enforcement services (as reported by the Bureau of the Census) 
for the fiscal year preceding the fiscal year in which the 
payment period occurs were not less than 90 percent of the 
unit's expenditures on such services for the second fiscal year 
preceding the fiscal year in which the payment period 
occurs.''.
  (b) Technical Amendment.--The table of contents of the title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796 et seq.) is amended by striking the matter relating 
to part R and inserting the following:

                 ``Part R--Juvenile Crime Control Grants

    ``Sec. 1801. Payments to local governments.
    ``Sec. 1802. Authorization of appropriations.
    ``Sec. 1803. Qualification for payment.''.

                  TITLE II--VIOLENT JUVENILE OFFENDERS

SEC. 201. TIME LIMIT ON TRANSFER DECISION.

  Section 5032 of title 18, United States Code, is amended by 
inserting ``The transfer decision shall be made not later than 
90 days after the first day of the hearing,'' after the first 
sentence of the 4th paragraph.

SEC. 202. INCREASED DETENTION, MANDATORY RESTITUTION, AND ADDITIONAL 
                    SENTENCING OPTIONS FOR YOUTH OFFENDERS.

  Section 5037 of title 18, United States Code, is amended to 
read as follows:

``Sec. 5037. Dispositional hearing

  ``(a) In General.--
          ``(1) Hearing.--In a juvenile proceeding under 
        section 5032, if the court finds a juvenile to be a 
        juvenile delinquent, the court shall hold a hearing 
        concerning the appropriate disposition of the juvenile 
        not later than 20 court days after the finding of 
        juvenile delinquency unless the court has ordered 
        further study pursuant to subsection (e).
          ``(2) Report.--A predisposition report shall be 
        prepared by the probation officer who shall promptly 
        provide a copy to the juvenile, the attorney for the 
        juvenile, and the attorney for the government.
          ``(3) Order of restitution.--After the dispositional 
        hearing, and after considering any pertinent policy 
        statements promulgated by the Sentencing Commission 
        pursuant to 994, of title 28, the court shall enter an 
        order of restitution pursuant to section 3556, and may 
        suspend the findings of juvenile delinquency, place the 
        juvenile on probation, commit the juvenile to official 
        detention (including the possibility of a term of 
        supervised release), and impose any fine that would be 
        authorized if the juvenile had been tried and convicted 
        as an adult.
          ``(4) Release or 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) Term of Probation.--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) Term of Official Detention.--
          ``(1) Maximum term.--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--
                  ``(A) the maximum term of imprisonment that 
                would be authorized if the juvenile had been 
                tried and convicted as an adult;
                  ``(B) 10 years; or
                  ``(C) the date on which the juvenile achieves 
                the age of 26.
          ``(2) Applicability of other provisions.--Section 
        3624 shall apply to an order placing a juvenile in 
        detention.
  ``(d) Term of Supervised Release.--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 shall apply to an order placing 
a juvenile on supervised release.
  ``(e) Custody of Attorney General.--
          ``(1) In general.--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 an attorney, to the custody of the 
        Attorney General for observation and study by an 
        appropriate agency or entity.
          ``(2) Outpatient basis.--Any observation and study 
        pursuant to a commission under paragraph (1) shall be 
        conducted on an outpatient basis, unless the court 
        determines that inpatient observation and study are 
        necessary to obtain the desired information, except 
        that in the case of an alleged juvenile delinquent, 
        inpatient study may be ordered with the consent of the 
        juvenile and the attorney for the juvenile.
          ``(3) Contents of study.--The agency or entity 
        conducting an observation or study under this 
        subsection shall make a complete study of the alleged 
        or adjudicated delinquent to ascertain the personal 
        traits, capabilities, background, any prior delinquency 
        or criminal experience, any mental or physical defect, 
        and any other relevant factors pertaining to the 
        juvenile.
          ``(4) Submission of results.--The Attorney General 
        shall submit to the court and the attorneys for the 
        juvenile and the government the results of the study 
        not later than 30 days after the commitment of the 
        juvenile, unless the court grants additional time.
          ``(5) Exclusion of time.--Any time spent in custody 
        under this subsection shall be excluded for purposes of 
        section 5036.
  ``(f) Conviction as Adult.--With respect to any juvenile 
prosecuted and convicted as an adult pursuant to section 5032, 
the court may, pursuant to guidelines promulgated by the United 
States Sentencing Commission under section 994 of title 28, 
determine to treat the conviction as an adjudication of 
delinquency and impose any disposition authorized under this 
section. The United States Sentencing Commission shall 
promulgate such guidelines as soon as practicable and not later 
than 1 year after the date of enactment of this Act.
  ``(g)(1) A juvenile detained either pending juvenile 
proceedings or a criminal trial, or detained or imprisoned 
pursuant to an adjudication or conviction shall be 
substantially segregated from any prisoners convicted for 
crimes who have attained the age of 21 years.
  ``(2) As used in this subsection, the term ``substantially 
segregated''--
          ``(A) means complete sight and sound separation in 
        residential confinement; but
          ``(B) is not inconsistent with--
                  ``(i) the use of shared direct care and 
                management staff, properly trained and 
                certified to interact with juvenile offenders, 
                if the staff does not interact with adult and 
                juvenile offenders during the same shift.
                  ``(ii) incidental contact during 
                transportation to court proceedings and other 
                activities in accordance with regulations 
                issued by the Attorney General to ensure 
                reasonable efforts are made to segregate adults 
                and juveniles.''

SEC. 203. JUVENILE HANDGUN POSSESSION.

  Section 924(a)(6) of title 18, United States Code, is 
amended--
          (1) by striking all that precedes subparagraph (B) 
        and inserting the following:
  ``(6)(A) A juvenile who violates section 922(x) shall be 
fined under this title, imprisoned not more than 1 year, or 
both, and for a second or subsequent violation, or for a first 
violation committed after an adjudication of delinquency for an 
act that, if committed by an adult, would be a serious violent 
felony (as defined in section 3559(c) of this title), shall be 
fined under this title, imprisoned not more than 5 years, or 
both.'';
          (2) in subparagraph (B)(i), by striking ``one year'' 
        and inserting ``5 years''; and
          (3) in subparagraph (B)(ii), by striking ``not more 
        than 10 years'' and inserting ``not less than 3 nor 
        more than 10 years''.

SEC. 204. ACCESS OF VICTIMS AND PUBLIC TO RECORDS OF CRIMES COMMITTED 
                    BY JUVENILE DELINQUENTS.

  Section 5038 of title 18, United States Code, is amended--
          (1) in subsection (a), by striking ``Throughout and 
        upon'' and all that follows through the colon and 
        inserting the following: ``Throughout and upon 
        completion of the juvenile delinquency proceeding 
        pursuant to 5032(a), the court records of the original 
        proceeding shall be safeguarded from disclosure to 
        unauthorized persons. The records shall be released to 
        the extent necessary to meet the following 
        circumstances:'';
          (2) in subsection (a)(3), by inserting before the 
        semicolon ``or analysis requested by the Attorney 
        General'';
          (3) in subsection (c), inserting before the comma and 
        after ``relating to the proceeding'' the phrase ``other 
        than necessary docketing data''; and
          (4) by striking subsections (d) and (f), by 
        redesignating subsection (e) as subsection (d), by 
        inserting ``pursuant to section 5032(b) or (c)'' after 
        ``adult'' in subsection (d) as so redesignated, and by 
        adding at the end new subsections (e) and (f) as 
        follows:
  ``(e) 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 juvenile shall be 
fingerprinted and photographed, and the fingerprints and 
photograph shall be sent to the Federal Bureau of 
Investigation. The court shall also 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. The fingerprints, photograph, and 
other records and information relating to a juvenile described 
in this subsection, or to a juvenile who is prosecuted as an 
adult pursuant to sections 5032 (b) or (c), shall be made 
available in the manner applicable to adult defendants.
  ``(f) 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.''.

        TITLE III--IMPROVING JUVENILE CRIME AND DRUG PREVENTION

SEC. 301. STUDY BY NATIONAL ACADEMY OF SCIENCE.

  (a) In General.--The Attorney General shall enter into a 
contract with a public or nonprofit private entity, subject to 
subsection (b), for the purpose of conducting a study or 
studies--
          (1) to evaluate the effectiveness of federally funded 
        programs for preventing juvenile violence and juvenile 
        substance abuse;
          (2) to evaluate the effectiveness of federally funded 
        grant programs for preventing criminal victimization of 
        juveniles;
          (3) to identify specific Federal programs and 
        programs that receive Federal funds that contribute to 
        reductions in juvenile violence, juvenile substance 
        abuse, and risk factors among juveniles that lead to 
        violent behavior and substance abuse;
          (4) to identify specific programs that have not 
        achieved their intended results; and
          (5) to make specific recommendations on programs 
        that--
                  (A) should receive continued or increased 
                funding because of their proven success; or
                  (B) should have their funding terminated or 
                reduced because of their lack of effectiveness.
  (b) National Academy of Sciences.--The Attorney General shall 
request the National Academy of Sciences to enter into the 
contract under subsection (a) to conduct the study or studies 
described in subsection (a). If the Academy declines to conduct 
the study, the Attorney General shall carry out such subsection 
through other public or nonprofit private entities.
  (c) Assistance.--In conducting the study under subsection (a) 
the contracting party may request analytic assistance, data, 
and other relevant materials from the Department of Justice and 
any other appropriate Federal agency.
  (d) Reporting Requirements.--
          (1) In general.--Not later than January 1, 2000, the 
        Attorney General shall submit a report describing the 
        findings made as a result of the study required by 
        subsection (a) to the Committee on the Judiciary and 
        the Committee on Education and the Workforce of the 
        House of Representatives, and to the Committee on the 
        Judiciary and the Committee on Labor and Human 
        Resources of the Senate.
          (2) Contents.--The report required by this subsection 
        shall contain specific recommendations concerning 
        funding levels for the programs evaluated. Reports on 
        the effectiveness of such programs and recommendations 
        on funding shall be provided to the appropriate 
        subcommittees of the Committee on Appropriations of the 
        House of Representatives and the Committee on 
        Appropriations of the Senate.
  (e) Funding.--There are authorized to be appropriated to 
carry out the study under subsection (a) such sums as may be 
necessary.
                              ----------                              


 2. The Amendment To Be Offered by Representative Waters of California 
         or a Designee, Debatable for Not To Exceed 10 Minutes

    Page 4, beginning in line 15, strike ``that felony'' and 
all that follows through line 18 and insert ``a serious violent 
felony.''.
    Page 6, beginning in line 15 strike ``or a conspiracy'' and 
all that follows through ``846'' in line 18.
    Page 6, beginning in line 23, strike ``or a conspiracy'' 
and all that follows through line 2 on page 7 and insert a 
period.
                              ----------                              


3. The Amendment To Be Offered by Representative Conyers of Michigan or 
           a Designee, Debatable for Not To Exceed 10 Minutes

    Page 4, beginning in line 24, strike ``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.'' and insert ``, 
upon approval of the Attorney General, if the juvenile is 
alleged to have committed, after the juvenile has attained the 
age of 13 years and before the juvenile has attained the age of 
14 years, an act which if committed by an adult would be 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 2231(c) of this title.''.
                              ----------                              


4. The Amendment To Be Offered by Representative Scott of Virginia or a 
            Designee, Debatable for Not To Exceed 10 Minutes

    Page 2, strike lines 14 through 16.
                              ----------                              


5. The Amendment To Be Offered by Representative Lofgren of California 
         or a Designee, Debatable for Not To Exceed 10 Minutes

    Page 24, after the line 9, insert the following:
          ``(12) preventing young Americans from becoming 
        involved in crime or gangs by--
                  ``(A) operating after school programs for at-
                risk youth;
                  ``(B) developing safe havens from and 
                alternatives to street violence, including 
                educational, vocational or other 
                extracurricular activities opportunities;
                  ``(C) establishing community service 
                programs, based on community service corps 
                models that teach skills, discipline, and 
                responsibility;
                  ``(D) establishing peer mediation programs in 
                schools;
                  ``(E) establishing big brother/big sister 
                programs;
                  ``(F) establishing anti-truancy programs;
                  ``(G) establishing community based juvenile 
                crime prevention programs that include a family 
                strenthening component;
                  ``(H) establishing community based juvenile 
                crime prevention programs that identify and 
                intervene with at-risk youth on a case-by-case 
                basis;
                  ``(I) establishing drug prevention, drug 
                treatment, or drug education programs;
                  ``(J) establishing intensive delinquency 
                supervision programs;
                  ``(K) implementing a structured system of 
                wide ranging and graduated diversions, 
                placements, and dispositions that combines 
                accountability and sanctions with increasingly 
                intensive treatment and rehabilitation services 
                in order to induce law-abiding behavior and 
                prevent a juvenile's further involvement with 
                the juvenile justice system; that integrates 
                the family and community with the sanctions, 
                treatment, and rehabilitation; and is balanced 
                and humane; and
                  ``(L) establishing activities substantially 
                similar to programs described in subparagraphs 
                (A) through (K).
    ``(c) Required Use.--A unit of local government which 
receives funds under this part shall use not less than 50 
percent of the amount received to carry out the purposes 
described in subsection (b)(12).''.
                              ----------                              


      6. The Amendment To Be Offered by Representative Meehan of 
   Massachusetts or a Designee, Debatable or Not To Exceed 10 Minutes

    Add at the end the following:

       TITLE  --SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY GRANTS

SEC.  . SPECIAL PRIORITY.

    Section 517 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding at the end the 
following:
    ``(c) Special Priority.--In awarding discretionary grants 
under section 511 to public agencies to undertake law 
enforcement initiatives relating to gangs, or to juveniles who 
are involved or at risk of involvement in gangs, the Director 
shall give special priority to a public agency that includes in 
its application a description of strategies, either in effect 
or proposed, providing for cooperation between local, State, 
and Federal law enforcement authorities to disrupt the illegal 
sale or transfer of firearms to or between juveniles through 
tracing the sources of crime guns provided to juveniles.''.
                              ----------                              


7. The Amendment To Be Offered by Representative Dunn of Washington or 
           a Designee, Debatable for Not To Exceed 10 Minutes

    Add at the end the following new title:

                        TITLE  --GRANT REDUCTION

SEC.  01. PARENTAL NOTIFICATION.

    (a) Grant Reduction for Noncompliance.--Section 506 of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended by adding at the end the following:
    ``(g) Information Access.--
      ``(1) In general.--The funds available under this subpart 
for a State shall be reduced by 20 percent and redistributed 
under paragraph (2) unless the State--
                  ``(A) submits to the Attorney General, not 
                later than 1 year after the date of the 
                enactment of the Juvenile Crime Control Act of 
                1997, a plan that describes a process to notify 
                parents regarding the enrollment of a juvenile 
                sex offender in an elementary or secondary 
                school that their child attends; and
                  ``(B) adheres to the requirements described 
                in such plan in each subsequent year as 
                determined by the Attorney General.
          ``(2) Redistribution.--To the extent approved in 
        advance in appropriations Acts, any funds available for 
        redistribution shall be redistributed to participating 
        States that have submitted a plan in accordance with 
        paragraph (1).
          ``(3) Compliance.--The Attorney General shall issue 
        regulations to ensure compliance with the requirements 
        of paragraph (1).
                              ----------                              


8. The Amendment To Be Offered by Representative McCollum of Florida or 
           a Designee, Debatable for Not To Exceed 10 Minutes

    Page 4, line 21, strike ``public safety'' and insert 
``justice''.
    Page 22, beginning in line 4, strike ``Director of the 
Bureau of Justice Assistance'' and insert ``Attorney General''.
    Page 24, beginning in line 12, strike ``Director'' and 
insert ``Attorney General''.
    Page 24, line 14, strike ``Director'' and insert ``Attorney 
General''.
    Page 27, lines 10, 12, and 16, strike ``Director'' and 
insert ``Attorney General''.
    Page 28, beginning in line 7, and in line 19, strike 
``Director'' and insert ``Attorney General''.
    Page 31, lines 5, 12, 16, 19, 22, strike ``Director'' each 
place it appears and insert ``Attorney General''.
    Page 32, lines 4, 10, 11, 13, beginning in line 15, and on 
line 19, strike ``Director'' and insert ``Attorney General''.
    Page 34, line 2, strike ``Director'' and insert ``Attorney 
General''.
    Page 36, strike lines 3 through 4 and insert the following:
          ``(7) The term `serious violent crime' means murder, 
        aggravated sexual assault, and assault with a firearm.
    Page 36, lines 15 and 19, strike ``Director'' and insert 
``Attorney General''.
    Page 22, line 14, after ``expanding'' insert ``, 
renovating,''.
    Page 22, line 16, before the semicolon insert ``, including 
training of correctional personnel''.
    Page 32, line 1, strike ``90'' and insert ``180''.
    Page 32, line 24, strike ``one'' and insert ``10''.

                                
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