II
105TH CONGRESS
1ST SESSION
H. R. 3
IN THE SENATE OF THE UNITED STATES
MAY 8, 1997
Received; read twice and referred to the Committee on the Judiciary
A BILL
To combat violent youth crime and increase accountability
for juvenile criminal offenses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Juvenile Crime Control
Act of 1997’’.
TITLE I—REFORMING THE FED-
ERAL JUVENILE JUSTICE SYS-
TEM
SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency 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 cir-
cumstances described in subsections (b) and (c).
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if—
‘‘(A) the alleged offense or act of juvenile delin-
quency is committed within the special maritime and
territorial jurisdiction of the United States and is
one for which the maximum authorized term of im-
prisonment does not exceed 6 months; or
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‘‘(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 delin-
quency, and
‘‘(ii) there is a substantial Federal interest
in the case or the offense to warrant the exer-
cise 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
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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 juve-
nile 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 at-
tempt to commit that felony or offense, which is
punishable under section 406 of the Controlled Sub-
stances Act (21 U.S.C. 846), or section 1013 of the
Controlled Substances Import and Export Act (21
U.S.C. 963).
‘‘(2) The requirements of paragraph (1) do not apply
if the Attorney General certifies to the appropriate United
States district court that the interests of justice are best
served by proceeding against the juvenile as a juvenile.
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act after
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the juvenile has attained the age of 13 years which if com-
mitted 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 au-
thority 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 jurisdic-
tion 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 juris-
diction over the place in which the alleged act was commit-
ted 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—
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‘‘(A) a crime of violence (as defined in sec-
tion 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 In-
ternal 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 de-
scribed 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 Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952, 953, 955, or 959), or
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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 sub-
section (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 Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.
‘‘(f) The Attorney General shall annually report to
Congress—
‘‘(1) the number of juveniles adjudicated delin-
quent or tried as adults in Federal court;
‘‘(2) the race, ethnicity, and gender of those ju-
veniles;
‘‘(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 juve-
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niles while incarcerated in connection with the adju-
dication or conviction.
‘‘(g) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted 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 JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 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 juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian of such custody, of the rights of the juvenile, and
of the nature of the alleged offense.
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‘‘(b) The juvenile shall be taken before a judicial offi-
cer 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 SENTENC-
ING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 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
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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 de-
tained 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 await-
ing 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 per-
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sons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion 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, psycho-
logical, 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 in-
serting ‘‘If a juvenile proceeded against under sec-
tion 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 DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
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‘‘§ 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 find-
ing 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 im-
pact information shall be included in the report, and vic-
tims, 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 sanc-
tion, including the ordering of restitution pursuant to sec-
tion 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, custo-
dian regarding conduct with respect to the juvenile. With
respect to release or detention pending an appeal or a peti-
tion for a writ of certiorari after disposition, the court
shall proceed pursuant to chapter 207.
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‘‘(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 author-
ized 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 or-
dered 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 twen-
ty-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,
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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 nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a study
of all matters relevant to the alleged or adjudicated delin-
quent behavior and the court’s inquiry. The Attorney Gen-
eral shall submit to the court and the attorneys for the
juvenile and the Government the results of the study with-
in 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 sec-
tion 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 encom-
pass punishments of varying levels of severity;
‘‘(B) include terms of confinement; and
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‘‘(C) provide punishments that escalate in se-
verity with each additional or subsequent more seri-
ous 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 SENTENC-
ING 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 pro-
vision of law, in the case of a defendant convicted for con-
duct 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:
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‘‘§ 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 adju-
dication 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 con-
victions.
‘‘(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.
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‘‘(c) Whenever a juvenile has been adjudicated delin-
quent 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 Investiga-
tion the information concerning the adjudication, includ-
ing name, date of adjudication, court, offenses, and sen-
tence, along with the notation that the matter was a juve-
nile adjudication.
‘‘(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability 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, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, 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 amend-
ed by striking ‘‘his’’ each place it appears and inserting
‘‘the juvenile’s’’.
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(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 ap-
pears and inserting ‘‘judicial officer’’.
SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER 403.
The heading and the table of sections at the begin-
ning 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 DIREC-
TIVE.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Attorney General
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of the United States shall establish an armed violent youth
apprehension program consistent with the following re-
quirements:
(1) Each United States attorney shall designate
at least 1 assistant United States attorney to pros-
ecute, on either a full- or part-time basis, armed vio-
lent youth.
(2) Each United States attorney shall establish
an armed youth criminal apprehension task force
comprised of appropriate law enforcement represent-
atives. The task force shall develop strategies for re-
moving 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 prosecu-
tion of armed violent youth;
(C) the resources available to each law en-
forcement 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
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(E) the principle of limited Federal in-
volvement in the prosecution of crimes tradi-
tionally prosecuted in State and local jurisdic-
tions.
(3) Not less frequently than bimonthly, the At-
torney General shall require each United States at-
torney to report to the Department of Justice the
number of youths charged with, or convicted of, vio-
lating 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 De-
partment 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
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(a) pursuant to a request made under paragraph
(1), in accordance with guidelines which shall be es-
tablished 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 per-
son 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 ef-
fect after the 5-year period that begins 180 days after the
date of the enactment of this Act.
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TITLE 
III—ACCOUNTABILITY
FOR JUVENILE OFFENDERS
AND PUBLIC PROTECTION IN-
CENTIVE GRANTS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Juvenile Accountabil-
ity Block Grants Act of 1997’’.
SEC. 302. BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Part R of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796 et seq.) is amended to read as follows:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 1801. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General is author-
ized 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 govern-
ment, or eligible unit for the purpose of promoting greater
accountability in the juvenile justice system, which in-
cludes—
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‘‘(1) building, expanding, renovating, or operat-
ing temporary or permanent juvenile correction or
detention facilities, including training of correctional
personnel;
‘‘(2) developing and administering accountabil-
ity-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, equip-
ment, and training to assist prosecutors in identify-
ing 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 account-
able and reducing recidivism;
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‘‘(8) the establishment of court-based juvenile
justice programs that target young firearms offend-
ers through the establishment of juvenile gun courts
for the adjudication and prosecution of juvenile fire-
arms offenders;
‘‘(9) the establishment of drug court programs
for juveniles so as to provide continuing judicial su-
pervision over juvenile offenders with substance
abuse problems and to provide the integrated admin-
istration of other sanctions and services;
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juve-
nile and criminal justice system, schools, and social
services agencies to make more informed decisions
regarding the early identification, control, super-
vision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts; and
‘‘(11) establishing and maintaining accountabil-
ity-based programs that work with juvenile offenders
who are referred by law enforcement agencies, or
which are designed, in cooperation with law enforce-
ment officials, to protect students and school person-
nel from drug, gang, and youth violence.
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‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive
a grant under this section, a State shall submit to the
Attorney General an application at such time, in such
form, and containing such assurances and information as
the Attorney General may require by rule, including assur-
ances 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 seri-
ous violent crime if committed by an adult are treat-
ed 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 pro-
bation, ensuring that such sanctions escalate in se-
verity with each subsequent, more serious delinquent
or criminal act, or violation of probation, including
such accountability-based sanctions as—
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‘‘(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 juve-
nile 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
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shall require, that, to the maximum extent applica-
ble, 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 pros-
ecution as a matter of law, or that the prosecu-
tor has the authority to determine whether or
not to prosecute such juveniles as adults;
‘‘(B) impose a sanction for every delin-
quent 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 juve-
nile 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 re-
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ceives funds from the Attorney General under sec-
tion 1803, except that information that would other-
wise be submitted to the State shall be submitted to
the Attorney General.
‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regula-
tions promulgated pursuant to this part, the Attor-
ney General shall allocate—
‘‘(A) 0.25 percent for each State; and
‘‘(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is
available bears to the population of people
under the age of 18 of all the States for such
fiscal year.
‘‘(2) PROPORTIONAL REDUCTION.—If amounts
available to carry out paragraph (1)(A) for any pay-
ment period are insufficient to pay in full the total
payment that any State is otherwise eligible to re-
ceive under paragraph (1)(A) for such period, then
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‘‘(I) two-thirds; multiplied by
‘‘(II) the average law enforcement ex-
penditure 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 govern-
ment 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 per-
cent 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
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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 en-
forcement 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 com-
parable 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 gov-
ernment is allocated less than $5,000 for a payment pe-
riod, 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 sub-
section (a) by the application deadline established by
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the Attorney General, the Attorney General shall re-
serve 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 sub-
section (b).
‘‘(2) AWARD BASIS.—In addition to the quali-
fication requirements for direct grants for eligible
units the Attorney General may use the average
amount allocated by the States to like governmental
units as a basis for awarding grants under this sec-
tion.
‘‘SEC. 1804. REGULATIONS.
‘‘The Attorney General shall issue regulations estab-
lishing procedures under which an eligible State or unit
of local government that receives funds under section 1803
is required to provide notice to the Attorney General re-
garding the proposed use of funds made available under
this part.
‘‘SEC. 1805. PAYMENT REQUIREMENTS.
‘‘(a) TIMING OF PAYMENTS.—The Attorney General
shall pay each State or unit of local government that re-
ceives funds under section 1803 that has submitted an ap-
plication under this part not later than—
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‘‘(1) 180 days after the date that the amount
is available, or
‘‘(2) the first day of the payment period if the
State has provided the Attorney General with the as-
surances required by subsection (c),
whichever is later.
‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—From amounts
appropriated under this part, a State shall repay to
the Attorney General, by not later than 27 months
after receipt of funds from the Attorney General,
any amount that is not expended by the State within
2 years after receipt of such funds from the Attor-
ney General.
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the At-
torney General shall reduce payment in future pay-
ment periods accordingly.
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Attorney General as repayments
under this subsection shall be deposited in a des-
ignated fund for future payments to States.
‘‘(c) ADMINISTRATIVE COSTS.—A State, unit of local
government or eligible unit that receives funds under this
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part may use not more than 10 percent of such funds to
pay for administrative costs.
‘‘(d) 
NONSUPPLANTING
REQUIREMENT.—Funds
made available under this part to States, units of local
government, or eligible units shall not be used to supplant
State or local funds as the case may be, but shall be used
to increase the amount of funds that would, in the absence
of funds made available under this part, be made available
from State or local sources, as the case may be.
‘‘(e) MATCHING FUNDS.—The Federal share of a
grant received under this part may not exceed 90 percent
of the costs of a program or proposal funded under this
part.
‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
‘‘Funds or a portion of funds allocated under this
part may be utilized to contract with private, nonprofit
entities or community-based organizations to carry out the
purposes specified under section 1801(a)(2).
‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.
‘‘(a) IN GENERAL.—A State that receives funds
under this part shall—
‘‘(1) establish a trust fund in which the govern-
ment will deposit all payments received under this
part; and
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‘‘(2) use amounts in the trust fund (including
interest) during a period not to exceed 2 years from
the date the first grant payment is made to the
State;
‘‘(3) designate an official of the State to submit
reports as the Attorney General reasonably requires,
in addition to the annual reports required under this
part; and
‘‘(4) spend the funds only for the purposes
under section 1801(b).
‘‘(b) TITLE I PROVISIONS.—The administrative pro-
visions 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 statis-
tical purposes; and
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or
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Alaskan Native village that carries out substan-
tial governmental duties and powers.
‘‘(2) The term ‘eligible unit’ means a unit of
local government which may receive funds under sec-
tion 1803(e).
‘‘(3) The term ‘State’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands, 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, pros-
ecutorial, legal, and judicial services, and corrections
as reported to the Bureau of the Census for the fis-
cal year preceding the fiscal year for which a deter-
mination is made under this part.
‘‘(6) The term ‘part 1 violent crimes’ means
murder and nonnegligent manslaughter, forcible
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rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of
the Uniform Crime Reports.
‘‘(7) The term ‘serious violent crime’ means
murder, aggravated sexual assault, and assault with
a firearm.
‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part—
‘‘(1) $500,000,000 for fiscal year 1998;
‘‘(2) $500,000,000 for fiscal year 1999; and
‘‘(3) $500,000,000 for fiscal year 2000.
‘‘(b) OVERSIGHT ACCOUNTABILITY
AND ADMINIS-
TRATION.—Not more than 1 percent of the amount au-
thorized to be appropriated under subsection (a), with
such amounts to remain available until expended, for each
of the fiscal years 1998 through 2000 shall be available
to the Attorney General for studying the overall effective-
ness and efficiency of the provisions of this part, assuring
compliance with the provisions of this part, and for admin-
istrative costs to carry out the purposes of this part. The
Attorney General shall establish and execute an oversight
plan for monitoring the activities of grant recipients.
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‘‘(c) FUNDING SOURCE.—Appropriations for activi-
ties authorized in this part may be made from the Violent
Crime Reduction Trust Fund.’’.
(b) CLERICAL AMENDMENTS.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by striking the item relating to
part R and inserting the following:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS
‘‘Sec. 1801. Program authorized.
‘‘Sec. 1802. Grant eligibility.
‘‘Sec. 1803. Allocation and distribution of funds.
‘‘Sec. 1804. Regulations.
‘‘Sec. 1805. Payment requirements.
‘‘Sec. 1806. Utilization of private sector.
‘‘Sec. 1807. Administrative provisions.
‘‘Sec. 1808. Definitions.
‘‘Sec. 1809. Authorization of appropriations.’’.
TITLE 
IV—SPECIAL 
PRIORITY
FOR 
CERTAIN 
DISCRE-
TIONARY GRANTS
SEC. 401. SPECIAL PRIORITY.
Section 517 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding at
the end the following:
‘‘(c) SPECIAL PRIORITY.—In awarding discretionary
grants under section 511 to public agencies to undertake
law enforcement initiatives relating to gangs, or to juve-
niles who are involved or at risk of involvement in gangs,
the Director shall give special priority to a public agency
that includes in its application a description of strategies,
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either in effect or proposed, providing for cooperation be-
tween local, State, and Federal law enforcement authori-
ties to disrupt the illegal sale or transfer of firearms to
or between juveniles through tracing the sources of crime
guns provided to juveniles.’’.
TITLE V—GRANT REDUCTION
SEC. 501. PARENTAL NOTIFICATION.
(a) GRANT REDUCTION FOR NONCOMPLIANCE.—Sec-
tion 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end the
following:
‘‘(g) INFORMATION ACCESS.—
‘‘(1) IN GENERAL.—The funds available under
this subpart for a State shall be reduced by 20 per-
cent and redistributed under paragraph (2) unless
the State—
‘‘(A) submits to the Attorney General, not
later than 1 year after the date of the enact-
ment of the Juvenile Crime Control Act of
1997, a plan that describes a process to notify
parents regarding the enrollment of a juvenile
sex offender in an elementary or secondary
school that their child attends; and
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‘‘(B) adheres to the requirements described
in such plan in each subsequent year as deter-
mined by the Attorney General.
‘‘(2) REDISTRIBUTION.—To the extent ap-
proved in advance in appropriations Acts, any funds
available for redistribution shall be redistributed to
participating States that have submitted a plan in
accordance with paragraph (1).
‘‘(3) 
COMPLIANCE.—The 
Attorney 
General
shall issue regulations to ensure compliance with the
requirements of paragraph (1).’’.
Passed the House of Representatives May 8, 1997.
Attest:
ROBIN H. CARLE,
Clerk.