[House Report 105-89]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-89
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF
H.R. 3, THE JUVENILE CRIME CONTROL ACT OF 1997
_______
May 6, 1997.--Referred to the House Calendar and ordered to be printed
_______________________________________________________________________
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 143]
The Committee on Rules, having had under consideration
House Resolution 143, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 3,
the ``Juvenile Crime Control Act of 1997'' under a modified
closed rule. The rule provides one hour of general debate
divided equally between the chairman and ranking minority
member of the Committee on the Judiciary.
The rule provides that the committee amendment in the
nature of a substitute will be considered as an original bill
for the purpose of amendment and will be considered as read.
The rule waives points of order against the committee amendment
in the nature of a substitute for failure to comply with clause
5(a), rule XXI (appropriations on a legislative bill).
The rule provides that no amendments to the committee
amendment in the nature of a substitute will be in order except
those printed in the Rules Committee report. It provides that
each amendment may be offered only in the order printed in the
report, shall be debatable for the time specified in the report
equally divided between the proponent and an opponent, and is
not amendable except as specified in the report.
The rule allows the Chairman of the Committee of the Whole
to postpone votes during consideration of the bill, and to
reduce the vote to five minutes on a postponed question if the
vote follows a fifteen minute vote. Finally, the rule provides
for one motion to recommit, with or without instructions.
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee Rollcall No. 16
Date: May 6, 1997
Measure: Rule for the consideration of H.R. 3, the Juvenile
Crime Control Act of 1997.
Motion by: Mr. Moakley.
Summary of motion: Make in order Delahunt amendment that
would delete the requirement that states receiving grant funds
meet conditions relating to the states' treatment of juvenile
offenders to be used for specifically enumerated juvenile crime
prevention programs and would set aside 50% of the grant funds
for such purposes.
Results: Defeated 2-8.
Vote by Members: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay;
Moakley--Yea; Frost--Yea; Solomon--Nay.
Rules Committee Rollcall No. 17
Date: May 6, 1997.
Measure: Rule for the consideration of H.R. 3, the Juvenile
Crime Control Act of 1997.
Motion by: Mr. Moakley.
Summary of motion: Make in order Schumer amendment No. 17
to require federally licensed firearms dealers to include a
child safety lock as an accompaniment to each sale of a gun.
Results: Defeated 2-8.
Vote by Members: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay;
Moakley--Yea; Frost--Yea; Solomon--Nay.
Rules Committee Rollcall No. 18
Date: May 6, 1997.
Measure: Rule for the consideration of H.R. 3, the Juvenile
Crime Control Act of 1997.
Motion by: Mr. Dreier.
Summary of motion: To favorably report the resolution.
Results: Adopted 8-3.
Vote by Members: Dreier--Yea; Goss--Yea; Pryce--Yea; Diaz-
Balart--Yea; McInnis--Yea; Hastings--Yea; Myrick--Yea;
Moakley--Nay; Frost--Nay; Slaughter--Nay; Solomon--Yea.
summary of amendments made in order under the rule for h.r. 3, the
juvenile crime control act of 1997
(1) Gephardt--60 minutes: Substitute: Provides funding to
communities for the implementation of a variety of research-
proven, cost effective, and comprehensive initiatives, such as
Safe Haven after-school programs and drug prevention; provides
funding to localities for the construction and operation of
secure juvenile facilities or the funds can be used to
establish comprehensive treatment, education, training and
after-care programs focused on reducing recidivism and to
establish initiatives to reduce juvenile access to guns;
expedites to 90 days the time in which a judge must decide
whether to transfer a juvenile to adult court; increases the
penalties for the transfer of a handgun to a juvenile or for a
juvenile to possess a handgun; provides a comprehensive review
by the Attorney General to evaluate the effectiveness of
federally funded programs for preventing juvenile violence and
substance abuse; and funds the bill at $1.5 billion over three
years.
(2) Waters--10 minutes: Deletes the provision requiring the
prosecution as adults of juveniles who are charged with
conspiracy to commit drug crimes.
(3) Conyers--10 minutes: Retains current law regarding the
prosecution of 13-year-olds as adults. It would eliminate
provisions of H.R. 3 which expand current law.
(4) Scott--10 minutes: Strikes the language in the bill
that allows states to use crime assistance funds on the
building, operation, or expansion of prisons and detention
centers.
(5) Lofgren--10 minutes: Amends the grant program created
by H.R. 3 to permit grant funds to be used in specifically
enumerated juvenile crime prevention programs and would set
aside 50% of the grant funds for such purposes.
(6) Meehan--10 minutes: Allows the Director to give special
priority for Byrne Discretionary Grants to public agencies that
have proposed or have implemented strategies providing for
cooperation between local state and federal law enforcement
authorities to disrupt illegal gun sales to juveniles through
crime gun tracing.
(7) Dunn--10 minutes: Requires states to submit a plan to
the Attorney General, within one year of the bill's enactment,
describing the process by which parents will be notified of a
juvenile sex offenders enrollment in an elementary or secondary
school, as a condition of eligibility for Byrne Grant funding.
(8) McCollum--10 minutes: Manager's Amendment. Makes
technical and minor changes to Title I and Title III
recommended by Justice Department.
1. The Amendment To Be Offered by Representative Gephardt of Missouri
or a Designee, Debatable for Not To Exceed 60 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Families
First Juvenile Offender Control and Prevention Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS
Sec. 101. Short title.
Sec. 102. Grant program.
TITLE II--VIOLENT JUVENILE OFFENDERS
Sec. 201. Time limit on transfer decision.
Sec. 202. Increased detention, mandatory restitution, and additional
sentencing options for youth offenders.
Sec. 203. Juvenile handgun possession.
Sec. 204. Access of victims and public to records of crimes committed by
juvenile delinquents.
TITLE III--IMPROVING JUVENILE CRIME AND DRUG PREVENTION
Sec. 301. Study by national academy of science.
TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Juvenile Offender Control
and Prevention Grant Act of 1997''.
SEC. 102. GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)
is amended to read as follows:
``PART R--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS
``SEC. 1801. PAYMENTS TO LOCAL GOVERNMENTS.
``(a) Payment and Uses.--
``(1) Payment.--The Director of the Bureau of Justice
Assistance may make grants to carry out this part, to
units of local government that qualify for a payment
under this part. Of the amount appropriated in any
fiscal year to carry out this part, the Director shall
obligate--
``(A) not less than 60 percent of such amount
for grants for the uses specified in
subparagraphs (A) and (B) of paragraph (2);
``(B) not less than 10 percent of such amount
for grants for the use specified in paragraph
(2)(C), and
``(C) not less than 20 percent of such amount
for grants for the uses specified in
subparagraphs (E) and (G) of paragraph (2).
``(2) Uses.--Amounts paid to a unit of local
government under this section shall be used by the unit
for 1 or more of the following:
``(A) Preventing juveniles from becoming
involved in crime or gangs by--
``(i) operating after-school programs
for at-risk juveniles;
``(ii) developing safe havens from
and alternatives to street violence,
including educational, vocational or
other extracurricular activities
opportunities;
``(iii) establishing community
service programs, based on community
service corps models that teach skills,
discipline, and responsibility;
``(iv) establishing peer mediation
programs in schools;
``(v) establishing big brother
programs and big sister programs;
``(vi) establishing anti-truancy
programs;
``(vii) establishing and operating
programs to strengthen the family unit;
``(viii) establishing and operating
drug prevention, treatment and
education programs; or
``(ix) establishing activities
substantially similar to programs
described in clauses (i) through
(viii).
``(B) Establishing and operating early
intervention programs for at-risk juveniles.
``(C) Building or expanding secure juvenile
correction or detention facilities for violent
juvenile offenders.
``(D) Providing comprehensive treatment,
education, training, and after-care programs
for juveniles in juvenile detention facilities.
``(E) Implementing graduated sanctions for
juvenile offenders.
``(F) Establishing initiatives that reduce
the access of juveniles to fire arms.
``(G) Improving State juvenile justice
systems by--
``(i) developing and administering
accountability-based sanctions for
juvenile offenders;
``(ii) hiring additional prosecutors,
so that more cases involving violent
juvenile offenders can be prosecuted
and backlogs reduced; or
``(iii) providing funding to enable
juvenile courts and juvenile probation
offices to be more effective and
efficient in holding juvenile offenders
accountable;
``(H) providing funding to enable
prosecutors--
``(i) to address drug, gang, and
violence problems involving juveniles
more effectively;
``(ii) to develop anti-gang units and
anti-gang task forces to address the
participation of juveniles in gangs,
and to share information about juvenile
gangs and their activities; or
``(iii) providing funding for
technology, equipment, and training to
assist prosecutors in identifying and
expediting the prosecution of violent
juvenile offenders;
``(I) hiring additional law enforcement
officers (including, but not limited to,
police, corrections, probation, parole, and
judicial officers) who are involved in the
control or reduction of juvenile delinquency;
or
``(J) providing funding to enable city
attorneys and county attorneys to seek civil
remedies for violations of law committed by
juveniles who participate in gangs.
``(3) Geographical distribution of grants.--The
Director shall ensure that grants made under this part
are equitably distributed among all units of local
government in each of the States and among all units of
local government throughout the United States.
``(b) Prohibited Uses.--Notwithstanding any other provision
of this title, a unit of local government may not expend any of
the funds provided under this part to purchase, lease, rent, or
otherwise acquire--
``(1) tanks or armored personnel carriers;
``(2) fixed wing aircraft;
``(3) limousines;
``(4) real estate;
``(5) yachts;
``(6) consultants; or
``(7) vehicles not primarily used for law
enforcement;
unless the Attorney General certifies that extraordinary and
exigent circumstances exist that make the use of funds for such
purposes essential to the maintenance of public safety and good
order in such unit of local government.
``(c) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A unit of local government
shall repay to the Director, by not later than 27
months after receipt of funds from the Director, any
amount that is--
``(A) paid to the unit from amounts
appropriated under the authority of this
section; and
``(B) not expended by the unit within 2 years
after receipt of such funds from the Director.
``(2) Penalty for failure to repay.--If the amount
required to be repaid is not repaid, the Director shall
reduce payment in future payment periods accordingly.
``(d) Nonsupplanting Requirement.--Funds made available under
this part to units of local government shall not be used to
supplant State or local funds, but shall be used to increase
the amount of funds that would, in the absence of funds made
available under this part, be made available from State or
local sources.
``(e) Matching Funds.--The Federal share of a grant received
under this part may not exceed 90 percent of the costs of a
program or proposal funded under this part.
``SEC. 1802. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 1998;
``(2) $500,000,000 for fiscal year 1999; and
``(3) $500,000,000 for fiscal year 2000.
The appropriations authorized by this subsection may be made
from the Violent Crime Reduction Trust Fund.
``(b) Oversight Accountability and Administration.--Not more
than 3 percent of the amount authorized to be appropriated
under subsection (a) for each of the fiscal years 1998 through
2000 shall be available to the Attorney General for studying
the overall effectiveness and efficiency of the provisions of
this part, and assuring compliance with the provisions of this
part and for administrative costs to carry out the purposes of
this part. The Attorney General shall establish and execute an
oversight plan for monitoring the activities of grant
recipients. Such sums are to remain available until expended.
``(c) Availability.--The amounts authorized to be
appropriated under subsection (a) shall remain available until
expended.
``SEC. 1803. QUALIFICATION FOR PAYMENT.
``(a) In General.--The Director shall issue regulations
establishing procedures under which a unit of local government
is required to provide notice to the Director regarding the
proposed use of funds made available under this part.
``(b) Program Review.--The Director shall establish a process
for the ongoing evaluation of projects developed with funds
made available under this part.
``(c) General Requirements for Qualification.--A unit of
local government qualifies for a payment under this part for a
payment period only if the unit of local government submits an
application to the Director and establishes, to the
satisfaction of the Director, that--
``(1) the chief executive officer of the State has
had not less than 20 days to review and comment on the
application prior to submission to the Director;
``(2)(A) the unit of local government will establish
a trust fund in which the government will deposit all
payments received under this part; and
``(B) the unit of local government will use amounts
in the trust fund (including interest) during a period
not to exceed 2 years from the date the first grant
payment is made to the unit of local government;
``(3) the unit of local government will expend the
payments received in accordance with the laws and
procedures that are applicable to the expenditure of
revenues of the unit of local government;
``(4) the unit of local government will use
accounting, audit, and fiscal procedures that conform
to guidelines which shall be prescribed by the Director
after consultation with the Comptroller General and as
applicable, amounts received under this part shall be
audited in compliance with the Single Audit Act of
1984;
``(5) after reasonable notice from the Director or
the Comptroller General to the unit of local
government, the unit of local government will make
available to the Director and the Comptroller General,
with the right to inspect, records that the Director
reasonably requires to review compliance with this part
or that the Comptroller General reasonably requires to
review compliance and operation;
``(6) the unit of local government will spend the
funds made available under this part only for the
purposes set forth in section 1801(a)(2);
``(8) the unit of local government has established
procedures to give members of the Armed Forces who, on
or after October 1, 1990, were or are selected for
involuntary separation (as described in section 1141 of
title 10, United States Code), approved for separation
under section 1174a or 1175 of such title, or retired
pursuant to the authority provided under section 4403
of the Defense Conversion, Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-
484; 10 U.S.C. 1293 note), a suitable preference in the
employment of persons as additional law enforcement
officers or support personnel using funds made
available under this title. The nature and extent of
such employment preference shall be jointly established
by the Attorney General and the Secretary of Defense.
To the extent practicable, the Director shall endeavor
to inform members who were separated between October 1,
1990, and the date of the enactment of this section of
their eligibility for the employment preference;
``(d) Sanctions for Noncompliance.--
``(1) In general.--If the Director determines that a
unit of local government has not complied substantially
with the requirements or regulations prescribed under
subsections (a) and (c), the Director shall notify the
unit of local government that if the unit of local
government does not take corrective action within 60
days of such notice, the Director will withhold
additional payments to the unit of local government for
the current and future payment periods until the
Director is satisfied that the unit of local
government--
``(A) has taken the appropriate corrective
action; and
``(B) will comply with the requirements and
regulations prescribed under subsections (a)
and (c).
``(2) Notice.--Before giving notice under paragraph
(1), the Director shall give the chief executive
officer of the unit of local government reasonable
notice and an opportunity for comment.
``(e) Maintenance of Effort Requirement.--A unit of local
government qualifies for a payment under this part for a
payment period only if the unit's expenditures on law
enforcement services (as reported by the Bureau of the Census)
for the fiscal year preceding the fiscal year in which the
payment period occurs were not less than 90 percent of the
unit's expenditures on such services for the second fiscal year
preceding the fiscal year in which the payment period
occurs.''.
(b) Technical Amendment.--The table of contents of the title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796 et seq.) is amended by striking the matter relating
to part R and inserting the following:
``Part R--Juvenile Crime Control Grants
``Sec. 1801. Payments to local governments.
``Sec. 1802. Authorization of appropriations.
``Sec. 1803. Qualification for payment.''.
TITLE II--VIOLENT JUVENILE OFFENDERS
SEC. 201. TIME LIMIT ON TRANSFER DECISION.
Section 5032 of title 18, United States Code, is amended by
inserting ``The transfer decision shall be made not later than
90 days after the first day of the hearing,'' after the first
sentence of the 4th paragraph.
SEC. 202. INCREASED DETENTION, MANDATORY RESTITUTION, AND ADDITIONAL
SENTENCING OPTIONS FOR YOUTH OFFENDERS.
Section 5037 of title 18, United States Code, is amended to
read as follows:
``Sec. 5037. Dispositional hearing
``(a) In General.--
``(1) Hearing.--In a juvenile proceeding under
section 5032, if the court finds a juvenile to be a
juvenile delinquent, the court shall hold a hearing
concerning the appropriate disposition of the juvenile
not later than 20 court days after the finding of
juvenile delinquency unless the court has ordered
further study pursuant to subsection (e).
``(2) Report.--A predisposition report shall be
prepared by the probation officer who shall promptly
provide a copy to the juvenile, the attorney for the
juvenile, and the attorney for the government.
``(3) Order of restitution.--After the dispositional
hearing, and after considering any pertinent policy
statements promulgated by the Sentencing Commission
pursuant to 994, of title 28, the court shall enter an
order of restitution pursuant to section 3556, and may
suspend the findings of juvenile delinquency, place the
juvenile on probation, commit the juvenile to official
detention (including the possibility of a term of
supervised release), and impose any fine that would be
authorized if the juvenile had been tried and convicted
as an adult.
``(4) Release or detention.--With respect to release
or detention pending an appeal or a petition for a writ
of certiorari after disposition, the court shall
proceed pursuant to the provisions of chapter 207.
``(b) Term of Probation.--The term for which probation may be
ordered for a juvenile found to be a juvenile delinquent may
not extend beyond the maximum term that would be authorized by
section 3561(c) if the juvenile had been tried and convicted as
an adult. Sections 3563, 3564, and 3565 are applicable to an
order placing a juvenile on probation.
``(c) Term of Official Detention.--
``(1) Maximum term.--The term for which official
detention may be ordered for a juvenile found to be a
juvenile delinquent may not extend beyond the lesser
of--
``(A) the maximum term of imprisonment that
would be authorized if the juvenile had been
tried and convicted as an adult;
``(B) 10 years; or
``(C) the date on which the juvenile achieves
the age of 26.
``(2) Applicability of other provisions.--Section
3624 shall apply to an order placing a juvenile in
detention.
``(d) Term of Supervised Release.--The term for which
supervised release may be ordered for a juvenile found to be a
juvenile delinquent may not extend beyond 5 years. Subsections
(c) through (i) of section 3583 shall apply to an order placing
a juvenile on supervised release.
``(e) Custody of Attorney General.--
``(1) In general.--If the court desires more detailed
information concerning a juvenile alleged to have
committed an act of juvenile delinquency or a juvenile
adjudicated delinquent, it may commit the juvenile,
after notice and hearing at which the juvenile is
represented by an attorney, to the custody of the
Attorney General for observation and study by an
appropriate agency or entity.
``(2) Outpatient basis.--Any observation and study
pursuant to a commission under paragraph (1) shall be
conducted on an outpatient basis, unless the court
determines that inpatient observation and study are
necessary to obtain the desired information, except
that in the case of an alleged juvenile delinquent,
inpatient study may be ordered with the consent of the
juvenile and the attorney for the juvenile.
``(3) Contents of study.--The agency or entity
conducting an observation or study under this
subsection shall make a complete study of the alleged
or adjudicated delinquent to ascertain the personal
traits, capabilities, background, any prior delinquency
or criminal experience, any mental or physical defect,
and any other relevant factors pertaining to the
juvenile.
``(4) Submission of results.--The Attorney General
shall submit to the court and the attorneys for the
juvenile and the government the results of the study
not later than 30 days after the commitment of the
juvenile, unless the court grants additional time.
``(5) Exclusion of time.--Any time spent in custody
under this subsection shall be excluded for purposes of
section 5036.
``(f) Conviction as Adult.--With respect to any juvenile
prosecuted and convicted as an adult pursuant to section 5032,
the court may, pursuant to guidelines promulgated by the United
States Sentencing Commission under section 994 of title 28,
determine to treat the conviction as an adjudication of
delinquency and impose any disposition authorized under this
section. The United States Sentencing Commission shall
promulgate such guidelines as soon as practicable and not later
than 1 year after the date of enactment of this Act.
``(g)(1) A juvenile detained either pending juvenile
proceedings or a criminal trial, or detained or imprisoned
pursuant to an adjudication or conviction shall be
substantially segregated from any prisoners convicted for
crimes who have attained the age of 21 years.
``(2) As used in this subsection, the term ``substantially
segregated''--
``(A) means complete sight and sound separation in
residential confinement; but
``(B) is not inconsistent with--
``(i) the use of shared direct care and
management staff, properly trained and
certified to interact with juvenile offenders,
if the staff does not interact with adult and
juvenile offenders during the same shift.
``(ii) incidental contact during
transportation to court proceedings and other
activities in accordance with regulations
issued by the Attorney General to ensure
reasonable efforts are made to segregate adults
and juveniles.''
SEC. 203. JUVENILE HANDGUN POSSESSION.
Section 924(a)(6) of title 18, United States Code, is
amended--
(1) by striking all that precedes subparagraph (B)
and inserting the following:
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, and for a second or subsequent violation, or for a first
violation committed after an adjudication of delinquency for an
act that, if committed by an adult, would be a serious violent
felony (as defined in section 3559(c) of this title), shall be
fined under this title, imprisoned not more than 5 years, or
both.'';
(2) in subparagraph (B)(i), by striking ``one year''
and inserting ``5 years''; and
(3) in subparagraph (B)(ii), by striking ``not more
than 10 years'' and inserting ``not less than 3 nor
more than 10 years''.
SEC. 204. ACCESS OF VICTIMS AND PUBLIC TO RECORDS OF CRIMES COMMITTED
BY JUVENILE DELINQUENTS.
Section 5038 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``Throughout and
upon'' and all that follows through the colon and
inserting the following: ``Throughout and upon
completion of the juvenile delinquency proceeding
pursuant to 5032(a), the court records of the original
proceeding shall be safeguarded from disclosure to
unauthorized persons. The records shall be released to
the extent necessary to meet the following
circumstances:'';
(2) in subsection (a)(3), by inserting before the
semicolon ``or analysis requested by the Attorney
General'';
(3) in subsection (c), inserting before the comma and
after ``relating to the proceeding'' the phrase ``other
than necessary docketing data''; and
(4) by striking subsections (d) and (f), by
redesignating subsection (e) as subsection (d), by
inserting ``pursuant to section 5032(b) or (c)'' after
``adult'' in subsection (d) as so redesignated, and by
adding at the end new subsections (e) and (f) as
follows:
``(e) Whenever a juvenile has been adjudicated delinquent for
an act that if committed by an adult would be a felony or for a
violation of section 924(a)(6), the juvenile shall be
fingerprinted and photographed, and the fingerprints and
photograph shall be sent to the Federal Bureau of
Investigation. The court shall also transmit to the Federal
Bureau of Investigation the information concerning the
adjudication, including name, date of adjudication, court,
offenses, and sentence, along with the notation that the matter
was a juvenile adjudication. The fingerprints, photograph, and
other records and information relating to a juvenile described
in this subsection, or to a juvenile who is prosecuted as an
adult pursuant to sections 5032 (b) or (c), shall be made
available in the manner applicable to adult defendants.
``(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or
availability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes place
permits or requires the reporting, retention, disclosure, or
availability of records or information relating to a juvenile
or to a juvenile delinquency proceeding or adjudication in
certain circumstances, then such reporting, retention,
disclosure, or availability is permitted under this section
whenever the same circumstances exist.''.
TITLE III--IMPROVING JUVENILE CRIME AND DRUG PREVENTION
SEC. 301. STUDY BY NATIONAL ACADEMY OF SCIENCE.
(a) In General.--The Attorney General shall enter into a
contract with a public or nonprofit private entity, subject to
subsection (b), for the purpose of conducting a study or
studies--
(1) to evaluate the effectiveness of federally funded
programs for preventing juvenile violence and juvenile
substance abuse;
(2) to evaluate the effectiveness of federally funded
grant programs for preventing criminal victimization of
juveniles;
(3) to identify specific Federal programs and
programs that receive Federal funds that contribute to
reductions in juvenile violence, juvenile substance
abuse, and risk factors among juveniles that lead to
violent behavior and substance abuse;
(4) to identify specific programs that have not
achieved their intended results; and
(5) to make specific recommendations on programs
that--
(A) should receive continued or increased
funding because of their proven success; or
(B) should have their funding terminated or
reduced because of their lack of effectiveness.
(b) National Academy of Sciences.--The Attorney General shall
request the National Academy of Sciences to enter into the
contract under subsection (a) to conduct the study or studies
described in subsection (a). If the Academy declines to conduct
the study, the Attorney General shall carry out such subsection
through other public or nonprofit private entities.
(c) Assistance.--In conducting the study under subsection (a)
the contracting party may request analytic assistance, data,
and other relevant materials from the Department of Justice and
any other appropriate Federal agency.
(d) Reporting Requirements.--
(1) In general.--Not later than January 1, 2000, the
Attorney General shall submit a report describing the
findings made as a result of the study required by
subsection (a) to the Committee on the Judiciary and
the Committee on Education and the Workforce of the
House of Representatives, and to the Committee on the
Judiciary and the Committee on Labor and Human
Resources of the Senate.
(2) Contents.--The report required by this subsection
shall contain specific recommendations concerning
funding levels for the programs evaluated. Reports on
the effectiveness of such programs and recommendations
on funding shall be provided to the appropriate
subcommittees of the Committee on Appropriations of the
House of Representatives and the Committee on
Appropriations of the Senate.
(e) Funding.--There are authorized to be appropriated to
carry out the study under subsection (a) such sums as may be
necessary.
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2. The Amendment To Be Offered by Representative Waters of California
or a Designee, Debatable for Not To Exceed 10 Minutes
Page 4, beginning in line 15, strike ``that felony'' and
all that follows through line 18 and insert ``a serious violent
felony.''.
Page 6, beginning in line 15 strike ``or a conspiracy'' and
all that follows through ``846'' in line 18.
Page 6, beginning in line 23, strike ``or a conspiracy''
and all that follows through line 2 on page 7 and insert a
period.
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3. The Amendment To Be Offered by Representative Conyers of Michigan or
a Designee, Debatable for Not To Exceed 10 Minutes
Page 4, beginning in line 24, strike ``if the juvenile is
alleged to have committed an act after the juvenile has
attained the age of 13 years which if committed by a juvenile
after the juvenile attained the age of 14 years would require
that the juvenile be prosecuted as an adult under subsection
(b), upon approval of the Attorney General.'' and insert ``,
upon approval of the Attorney General, if the juvenile is
alleged to have committed, after the juvenile has attained the
age of 13 years and before the juvenile has attained the age of
14 years, an act which if committed by an adult would be an
offense under section 113(a), 113(b), 113(c), 1111, 1113, or,
if the juvenile possessed a firearm during the offense, section
2111, 2113, 2241(a), or 2231(c) of this title.''.
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4. The Amendment To Be Offered by Representative Scott of Virginia or a
Designee, Debatable for Not To Exceed 10 Minutes
Page 2, strike lines 14 through 16.
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5. The Amendment To Be Offered by Representative Lofgren of California
or a Designee, Debatable for Not To Exceed 10 Minutes
Page 24, after the line 9, insert the following:
``(12) preventing young Americans from becoming
involved in crime or gangs by--
``(A) operating after school programs for at-
risk youth;
``(B) developing safe havens from and
alternatives to street violence, including
educational, vocational or other
extracurricular activities opportunities;
``(C) establishing community service
programs, based on community service corps
models that teach skills, discipline, and
responsibility;
``(D) establishing peer mediation programs in
schools;
``(E) establishing big brother/big sister
programs;
``(F) establishing anti-truancy programs;
``(G) establishing community based juvenile
crime prevention programs that include a family
strenthening component;
``(H) establishing community based juvenile
crime prevention programs that identify and
intervene with at-risk youth on a case-by-case
basis;
``(I) establishing drug prevention, drug
treatment, or drug education programs;
``(J) establishing intensive delinquency
supervision programs;
``(K) implementing a structured system of
wide ranging and graduated diversions,
placements, and dispositions that combines
accountability and sanctions with increasingly
intensive treatment and rehabilitation services
in order to induce law-abiding behavior and
prevent a juvenile's further involvement with
the juvenile justice system; that integrates
the family and community with the sanctions,
treatment, and rehabilitation; and is balanced
and humane; and
``(L) establishing activities substantially
similar to programs described in subparagraphs
(A) through (K).
``(c) Required Use.--A unit of local government which
receives funds under this part shall use not less than 50
percent of the amount received to carry out the purposes
described in subsection (b)(12).''.
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6. The Amendment To Be Offered by Representative Meehan of
Massachusetts or a Designee, Debatable or Not To Exceed 10 Minutes
Add at the end the following:
TITLE --SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY GRANTS
SEC. . SPECIAL PRIORITY.
Section 517 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding at the end the
following:
``(c) Special Priority.--In awarding discretionary grants
under section 511 to public agencies to undertake law
enforcement initiatives relating to gangs, or to juveniles who
are involved or at risk of involvement in gangs, the Director
shall give special priority to a public agency that includes in
its application a description of strategies, either in effect
or proposed, providing for cooperation between local, State,
and Federal law enforcement authorities to disrupt the illegal
sale or transfer of firearms to or between juveniles through
tracing the sources of crime guns provided to juveniles.''.
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7. The Amendment To Be Offered by Representative Dunn of Washington or
a Designee, Debatable for Not To Exceed 10 Minutes
Add at the end the following new title:
TITLE --GRANT REDUCTION
SEC. 01. PARENTAL NOTIFICATION.
(a) Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by adding at the end the following:
``(g) Information Access.--
``(1) In general.--The funds available under this subpart
for a State shall be reduced by 20 percent and redistributed
under paragraph (2) unless the State--
``(A) submits to the Attorney General, not
later than 1 year after the date of the
enactment of the Juvenile Crime Control Act of
1997, a plan that describes a process to notify
parents regarding the enrollment of a juvenile
sex offender in an elementary or secondary
school that their child attends; and
``(B) adheres to the requirements described
in such plan in each subsequent year as
determined by the Attorney General.
``(2) Redistribution.--To the extent approved in
advance in appropriations Acts, any funds available for
redistribution shall be redistributed to participating
States that have submitted a plan in accordance with
paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements
of paragraph (1).
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8. The Amendment To Be Offered by Representative McCollum of Florida or
a Designee, Debatable for Not To Exceed 10 Minutes
Page 4, line 21, strike ``public safety'' and insert
``justice''.
Page 22, beginning in line 4, strike ``Director of the
Bureau of Justice Assistance'' and insert ``Attorney General''.
Page 24, beginning in line 12, strike ``Director'' and
insert ``Attorney General''.
Page 24, line 14, strike ``Director'' and insert ``Attorney
General''.
Page 27, lines 10, 12, and 16, strike ``Director'' and
insert ``Attorney General''.
Page 28, beginning in line 7, and in line 19, strike
``Director'' and insert ``Attorney General''.
Page 31, lines 5, 12, 16, 19, 22, strike ``Director'' each
place it appears and insert ``Attorney General''.
Page 32, lines 4, 10, 11, 13, beginning in line 15, and on
line 19, strike ``Director'' and insert ``Attorney General''.
Page 34, line 2, strike ``Director'' and insert ``Attorney
General''.
Page 36, strike lines 3 through 4 and insert the following:
``(7) The term `serious violent crime' means murder,
aggravated sexual assault, and assault with a firearm.
Page 36, lines 15 and 19, strike ``Director'' and insert
``Attorney General''.
Page 22, line 14, after ``expanding'' insert ``,
renovating,''.
Page 22, line 16, before the semicolon insert ``, including
training of correctional personnel''.
Page 32, line 1, strike ``90'' and insert ``180''.
Page 32, line 24, strike ``one'' and insert ``10''.