I
105TH CONGRESS
1ST SESSION
H. R. 3
To combat violent youth crime and increase accountability for juvenile
criminal offenses.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. MCCOLLUM (for himself, Mr. COBLE, Mr. BARR of Georgia, Mr. BRYANT,
and Mr. CANADY of Florida) introduced the following bill; which was re-
ferred 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Juvenile Crime Control
Act of 1997’’.
TITLE I—STRENGTHENING 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:
‘‘§ 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), unless the
alleged offense or act of juvenile delinquency is committed
within the special maritime and territorial jurisdiction of
the United States for which the maximum authorized term
of imprisonment does not exceed 6 months.
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if the Attorney General, after investigation, certifies to the
appropriate United States district court that—
‘‘(A) the juvenile court or other appropriate
court of a State does not have jurisdiction or de-
clines to assume jurisdiction over the juvenile with
respect to the alleged act of juvenile delinquency,
and
‘‘(B) 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, in chambers or oth-
erwise. 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 an offense described in section 408
of the Controlled Substances Act (21 U.S.C. 848) or
a conspiracy or attempt to commit that offense
which is punishable under section 406 of the Con-
trolled Substances Act (21 U.S.C. 846).
‘‘(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 juve-
nile.
‘‘(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 com-
mitted by an adult would be a felony under Federal law,
upon approval of the Attorney General or the Attorney
General’s designee.
‘‘(2) Any such designee shall be at a level not 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.
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c) 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) 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
any time prior to sentencing, shall be detained in a suit-
able juvenile facility located within, or within a reasonable
distance of, the district in which the juvenile is being pros-
ecuted. If such a facility is not available, such a juvenile
may be detained in any other suitable facility located with-
in, 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 15 years of age prosecuted pursuant to subsection
(c) of section 5032 shall not be detained prior to sentenc-
ing 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(a) 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 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:
‘‘§ 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 possible sanctions established pursuant
to subsection (f), the court shall impose an appropriate
sanction, including the ordering of restitution pursuant to
section 3556 of this title. With respect to release or deten-
tion 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 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 sections 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 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) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
Such list shall be comprehensive in nature and encompass
punishments of varying levels of severity, including man-
datory confinement for juveniles who have been adju-
dicated delinquent in Federal or State court on more than
2 occasions.’’.
(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.
SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is
amended to read as follows:
‘‘§ 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
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 delin-
quent, the court shall transmit to the Federal Bureau of
Investigation, Identification Division, the information con-
cerning the adjudications, including name, date of adju-
dication, court, offenses, and sentence, along with the no-
tation that the matters were juvenile adjudications.
‘‘(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. RESTRICTION ON COMMITMENT.
Section 5039 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5039. Commitment
‘‘(a) The Attorney General shall not cause any juve-
nile less than 19 years of age adjudicated delinquent under
section 5032(a) to be placed or retained in an adult jail
or correctional facility in which the juvenile has regular
contact with adults incarcerated because they have been
convicted of a crime or are awaiting trial on criminal
charges, except for placement in a community-based facil-
ity.
‘‘(b) Every juvenile adjudicated delinquent who has
been committed shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, counseling, edu-
cation, training, and medical care including necessary psy-
chiatric, psychological, or other care and treatment.’’.
SEC. 109. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) SECTION 5031.—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) SECTION 5034.—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. 110. SERIOUS JUVENILE DELINQUENCY DRUG TRAF-
FICKING ADJUDICATIONS AS ARMED CAREER
CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by inserting ‘‘or’’ at the end of clause (ii);
and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
SEC. 111. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER.
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 fingerprints.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE 
II—ARMED 
VIOLENT
YOUTH 
APPREHENSION 
DI-
RECTIVE
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
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
(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
(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.
TITLE 
III—ACCOUNTABILITY
FOR JUVENILE OFFENDERS
AND PUBLIC PROTECTION IN-
CENTIVE GRANTS
SEC. 301. PUNISHMENT FOR JUVENILE CRIMINALS.
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—
(1) by striking the title of such part and insert-
ing in lieu thereof the following:
‘‘PART R—PUNISHMENT FOR JUVENILE CRIMI-
NALS AND RELATED IMPROVEMENTS IN
PUBLIC SAFETY’’;
(2) in section 1801—
(A) by striking the section heading and in-
serting:
‘‘SEC. 1801. GRANT AUTHORIZATION AND ELIGIBILITY.’’;
(B) in subsection (a), by striking ‘‘the pur-
pose’’ and all that follows through the period
and inserting ‘‘purposes of building, expanding,
or operating temporary or permanent juvenile