Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
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.