[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Engrossed in House (EH)]
<DOC>
[DOCID: f:h1900eh.txt]
107th CONGRESS
1st Session
H. R. 1900
_______________________________________________________________________
AN ACT
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
provide quality prevention programs and accountability programs
relating to juvenile delinquency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Juvenile Justice
and Delinquency Prevention Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Concentration of Federal effort.
Sec. 6. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 7. Annual report.
Sec. 8. Allocation.
Sec. 9. State plans.
Sec. 10. Juvenile delinquency prevention block grant program.
Sec. 11. Research; evaluation; technical assistance; training.
Sec. 12. Demonstration projects.
Sec. 13. Authorization of appropriations.
Sec. 14. Administrative authority.
Sec. 15. Use of funds.
Sec. 16. Limitation on use of funds.
Sec. 17. Rules of construction.
Sec. 18. Leasing surplus Federal property.
Sec. 19. Issuance of rules.
Sec. 20. Content of materials.
Sec. 21. Technical and conforming amendments.
Sec. 22. Effective date; application of amendments.
SEC. 2. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601) is amended to read as follows:
``findings
``Sec. 101. (a) The Congress finds the following:
``(1) Although the juvenile violent crime arrest rate in
1999 was the lowest in the decade, there remains a consensus
that the number of crimes and the rate of offending by
juveniles nationwide is still too high.
``(2) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave school for a
life of crime and of drug abuse costs society $1,700,000 to
$2,300,000 annually.
``(3) One in every 6 individuals (16.2 percent) arrested
for committing violent crime in 1999 was less than 18 years of
age. In 1999, juveniles accounted for 9 percent of murder
arrests, 17 percent of forcible rape arrests, 25 percent of
robbery arrest, 14 percent of aggravated assault arrests, and
24 percent of weapons arrests.
``(4) More than \1/2\ of juvenile murder victims are killed
with firearms. Of the nearly 1,800 murder victims less than 18
years of age, 17 percent of the victims less than 13 years of
age were murdered with a firearm, and 81 percent of the victims
13 years of age or older were killed with a firearm.
``(5) Juveniles accounted for 13 percent of all drug abuse
violation arrests in 1999. Between 1990 and 1999, juvenile
arrests for drug abuse violations rose 132 percent.
``(6) Over the last 3 decades, youth gang problems have
increased nationwide. In the 1970's, 19 States reported youth
gang problems. By the late 1990's, all 50 States and the
District of Columbia reported gang problems. For the same
period, the number of cities reporting youth gang problems grew
843 percent, and the number of counties reporting gang problems
increased more than 1,000 percent.
``(7) According to a national crime survey of individuals
12 years of age or older during 1999, those 12 to 19 years old
are victims of violent crime at higher rates than individuals
in all other age groups. Only 30.8 percent of these violent
victimizations were reported by youth to police in 1999.
``(8) One-fifth of juveniles 16 years of age who had been
arrested were first arrested before attaining 12 years of age.
Juveniles who are known to the juvenile justice system before
attaining 13 years of age are responsible for a
disproportionate share of serious crimes and violence.
``(9) The increase in the arrest rates for girls and young
juvenile offenders has changed the composition of violent
offenders entering the juvenile justice system.
``(10) These problems should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families,
local public agencies, and community-based
organizations, and take into consideration such
factors as whether or not juveniles have been
the victims of family violence (including child
abuse and neglect); and
``(ii) are designed to reduce risks and
develop competencies in at-risk juveniles that
will prevent, and reduce the rate of, violent
delinquent behavior; and
``(B) programs that assist in holding juveniles
accountable for their actions and in developing the
competencies necessary to become responsible and
productive members of their communities, including a
system of graduated sanctions to respond to each
delinquent act, requiring juveniles to make
restitution, or perform community service, for the
damage caused by their delinquent acts, and methods for
increasing victim satisfaction with respect to the
penalties imposed on juveniles for their acts.
``(11) Coordinated juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter can help prevent juveniles from becoming delinquent
and help delinquent youth return to a productive life.
``(b) Congress must act now to reform this program by focusing on
juvenile delinquency prevention programs, as well as programs that hold
juveniles accountable for their acts and which provide opportunities
for competency development. Without true reform, the juvenile justice
system will not be able to overcome the challenges it will face in the
coming years when the number of juveniles is expected to increase by 18
percent between 2000 and 2030.''.
SEC. 3. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5602) is amended to read as follows:
``purposes
``Sec. 102. The purposes of this title and title II are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of
juvenile delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile
delinquency.''.
SEC. 4. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (3) by striking ``to help prevent juvenile
delinquency'' and inserting ``designed to reduce known risk
factors for juvenile delinquent behavior, provides activities
that build on protective factors for, and develop competencies
in, juveniles to prevent, and reduce the rate of, delinquent
juvenile behavior'',
(2) in paragraph (4) by inserting ``title I of'' before
``the Omnibus'' each place it appears,
(3) in paragraph (7) by striking ``the Trust Territory of
the Pacific Islands,'',
(4) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(5) in paragraph (13)(B) by striking ``, any
nonoffender,'',
(6) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(7) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the
end, and
(B) by striking subparagraph (C),
(8) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and
(iii) as subparagraphs (A), (B), and (C), respectively,
and
(B) by striking ``and'' at the end,
(9) in paragraph (23) by striking the period at the end and
inserting a semicolon, and
(10) by adding at the end the following:
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions (including
incentives, treatment, and services) applicable to juveniles
within the juvenile justice system to hold such juveniles
accountable for their actions and to protect communities from
the effects of juvenile delinquency by providing appropriate
sanctions for every act for which a juvenile is adjudicated
delinquent, by inducing their law-abiding behavior, and by
preventing their subsequent involvement with the juvenile
justice system;
``(25) the term `prohibited physical contact' means--
``(i) any physical contact between a
juvenile and an adult inmate; and
``(ii) proximity that provides an
opportunity for physical contact between a
juvenile and an adult inmate;
``(26) the term `sustained oral and visual contact' means
the imparting or interchange of speech by or between an adult
inmate and a juvenile, or clear visual contact between an adult
inmate and a juvenile in close proximity, but does not
include--
``(A) brief communication or brief visual contact
that is accidental or incidental; or
``(B) sounds or noises that cannot reasonably be
considered to be speech;
``(27) the term `adult inmate' means an individual who--
``(A) has reached the age of full criminal
responsibility under applicable State law; and
``(B) has been arrested and is in custody
for or awaiting trial on a criminal charge, or
is convicted of a criminal offense;
``(28) the term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible
rape, or robbery, or
``(B) aggravated assault committed with the use of
a firearm;
``(29) the term `collocated facilities' means facilities
that are located in the same building, or are part of a related
complex of buildings located on the same grounds; and
``(30) the term `related complex of buildings' means 2 or
more buildings that share--
``(A) physical features, such as walls and fences,
or services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable
under section 31.303(e)(3)(i)(C)(3) of title 28 of the
Code of Federal Regulations, as in effect on December
10, 1996.''.
SEC. 5. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (b)--
(A) in paragraph (3) by striking ``and of the
prospective'' and all that follows through
``administered'',
(B) in paragraph (5) by striking ``parts C and D''
each place it appears and inserting ``parts D and E'',
and
(C) by amending paragraph (7) to read as follows:
``(7) not later than 1 year after the date of the enactment
of this paragraph, issue model standards for providing mental
health care to incarcerated juveniles.'',
(2) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and inserting ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(3) by striking subsection (i), and
(4) by redesignating subsection (h) as subsection (f).
SEC. 6. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206(c)(2)(B) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by striking
``Education and Labor'' and inserting ``Education and the Workforce''.
SEC. 7. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5617) is amended by striking paragraphs (4) and (5),
and inserting the following:
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by
juveniles.''.
SEC. 8. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(other than parts
D and E)'',
(II) by striking ``amount, up to
$400,000,'' and inserting ``amount up
to $400,000'',
(III) by striking ``1992'' the 1st
place it appears and inserting
``2000,'',
(IV) by striking ``1992'' the last
place it appears and inserting
``2000'',
(V) by striking ``the Trust
Territory of the Pacific Islands,'',
and
(VI) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'',
(ii) in subparagraph (B)--
(I) by striking ``(other than part
D)'',
(II) by striking ``$400,000'' and
inserting ``$600,000'',
(III) by striking ``or such greater
amount, up to $600,000'' and all that
follows through ``section 299(a) (1)
and (3)'',
(IV) by striking ``the Trust
Territory of the Pacific Islands,'',
(V) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'', and
(VI) by striking ``1992'' and
inserting ``2000,'',
(B) in paragraph (3)--
(i) by striking ``allot'' and inserting
``allocate'', and
(ii) by striking ``1992'' each place it
appears and inserting ``2000'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 9. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the 2d sentence by striking ``and
challenge'' and all that follows through ``part E'',
and inserting ``, projects, and activities'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting
``that--'',
(ii) in subparagraph (A)--
(I) by striking ``not less'' and
all that follows through ``33'', and
inserting ``the attorney general of the
State or such other State official who
has primary responsibility for
overseeing the enforcement of State
criminal laws, and'',
(II) by inserting ``, in
consultation with the attorney general
of the State or such other State
official who has primary responsibility
for overseeing the enforcement of State
criminal laws'' after ``State'',
(III) in clause (i) by striking
``or the administration of juvenile
justice'' and inserting ``, the
administration of juvenile justice, or
the reduction of juvenile
delinquency'',
(IV) in clause (ii) by striking
``include--'' and all that follows
through the semicolon at the end of
subclause (VIII), and inserting the
following:
``represent a multidisciplinary approach to
addressing juvenile delinquency and may
include--
``(I) individuals who represent
units of general local government, law
enforcement and juvenile justice
agencies, public agencies concerned
with the prevention and treatment of
juvenile delinquency and with the
adjudication of juveniles, juveniles,
or nonprofit private organizations,
particularly such organizations that
serve juveniles; and
``(II) such other individuals as
the chief executive officer considers
to be appropriate; and'', and
(V) by striking clauses (iv) and
(v),
(iii) in subparagraph (D)--
(I) in clause (i) by inserting
``and'' at the end,
(II) in clause (ii) by striking
``paragraphs'' and all that follows
through ``part E'', and inserting
``paragraphs (11), (12), and (13)'',
and
(III) by striking clause (iii), and
(iv) in subparagraph (E) by striking
``title--'' and all that follows through
``(ii)'' and inserting ``title,'',
(C) in paragraph (5)--
(i) in the matter preceding subparagraph
(A) by striking ``, other than'' and inserting
``reduced by the percentage (if any) specified
by the State under the authority of paragraph
(25) and excluding'', and
(ii) in subparagraph (C) by striking
``paragraphs (12)(A), (13), and (14)'' and
inserting ``paragraphs (11), (12), and (13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in
rural areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all
that follows through ``relevant
jurisdiction'', and inserting ``for an
analysis of juvenile delinquency
problems in, and the juvenile
delinquency control and delinquency
prevention needs (including educational
needs) of, the State'', and
(II) by striking ``of the
jurisdiction; (ii)'' and all that
follows through the semicolon at the
end, and inserting ``of the State;
and'',
(ii) by amending subparagraph (B) to read
as follows:
``(B) contain--
``(i) a plan for providing needed gender-specific
services for the prevention and treatment of juvenile
delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in
rural areas; and
``(iii) a plan for providing needed mental health
services to juveniles in the juvenile justice system,
including information on how such plan is being
implemented and how such services will be targeted to
those juveniles in such system who are in greatest need
of such services;'', and
(iii) by striking subparagraphs (C) and
(D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated by
public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;'',
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``, specifically''
and inserting ``including'',
(II) by striking clause (i), and
(III) redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively,
(ii) by amending subparagraph (D) to read
as follows:
``(D) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect,
and to their families, in order to reduce the
likelihood that such juvenile offenders will commit
subsequent violations of law;'',
(iii) in subparagraph (E)--
(I) by redesignating clause (ii) as
clause (iii), and
(II) by striking ``juveniles,
provided'' and all that follows through
``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations;
``(ii) to provide services to assist
juveniles in making the transition to the world
of work and self-sufficiency; and'',
(iv) by amending subparagraph (F) to read
as follows:
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of
permitting nonviolent juvenile offenders
(including status offenders) to remain at home
with their families as an alternative to
incarceration or institutionalization; and
``(ii) to ensure that juveniles follow the
terms of their probation;'',
(v) by amending subparagraph (G) to read as
follows:
``(G) one-on-one mentoring programs that are
designed to link at-risk juveniles and juvenile
offenders, particularly juveniles residing in high-
crime areas and juveniles experiencing educational
failure, with responsible adults (such as law
enforcement officers, Department of Defense personnel,
adults working with local businesses, and adults
working with community-based organizations and
agencies) who are properly screened and trained;'',
(vii) in subparagraph (H) by striking
``handicapped youth'' and inserting ``juveniles
with disabilities'',
(viii) by striking subparagraph (K),
(ix) in subparagraph (L)--
(I) in clause (iv) by adding
``and'' at the end,
(II) in clause (v) by striking
``and'' at the end, and
(III) by striking clause (vi),
(x) in subparagraph (M) by striking ``boot
camps'',
(xi) by amending subparagraph (N) to read
as follows:
``(N) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen
families so that such juveniles may be retained in
their homes;'',
(xii) in subparagraph (O)--
(I) in striking ``cultural'' and
inserting ``other'', and
(II) by striking the period at the
end and inserting a semicolon,
(xiii) by redesignating subparagraphs (L),
(M), (N), and (O) as subparagraphs (K), (L),
(M), and (N), respectively; and
(xiv) by adding at the end the following:
``(O) programs designed to prevent and to reduce
hate crimes committed by juveniles;
``(P) after-school programs that provide at-risk
juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including
tutoring, mentoring, and other educational and
enrichment activities;
``(Q) community-based programs that provide follow-
up post-placement services to adjudicated juveniles, to
promote successful reintegration into the community;
``(R) projects designed to develop and implement
programs to protect the rights of juveniles affected by
the juvenile justice system; and
``(S) programs designed to provide mental health
services for incarcerated juveniles suspected to be in
need of such services, including assessment,
development of individualized treatment plans, and
discharge plans.'',
(I) by amending paragraph (12) to read as follows:
``(12) shall, in accordance with rules issued by the
Administrator, provide that--
``(A) juveniles who are charged with or who have
committed an offense that would not be criminal if
committed by an adult, excluding--
``(i) juveniles who are charged with or who
have committed a violation of section 922(x)(2)
of title 18, United States Code, or of a
similar State law;
``(ii) juveniles who are charged with or
who have committed a violation of a valid court
order; and
``(iii) juveniles who are held in
accordance with the Interstate Compact on
Juveniles as enacted by the State;
shall not be placed in secure detention facilities or
secure correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense;
and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent,
neglected, or abused;
shall not be placed in secure detention facilities or
secure correctional facilities;'',
(J) by amending paragraph (13) to read as follows:
``(13) provide that--
``(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of paragraph
(11) will not be detained or confined in any
institution in which they have prohibited physical
contact or sustained oral and visual contact with adult
inmates; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles
and such adult inmates, including in collocated
facilities, have been trained and certified to work
with juveniles;'',
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus
offenses and who are detained in such jail or lockup
for a period not to exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a
juvenile facility; or
``(iii) in which period such juveniles make
a court appearance;
and only if such juveniles do not have prohibited
physical contact or sustained oral and visual contact
with adults inmates and only if there is in effect in
the State a policy that requires individuals who work
with both such juveniles and adult inmates in
collocated facilities have been trained and certified
to work with juveniles;
``(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court appearance
that will occur within 48 hours after being taken into
custody (excluding Saturdays, Sundays, and legal
holidays), and who are detained in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have
prohibited physical contact or
sustained oral and visual contact with
adults inmates; and
``(II) there is in effect in the
State a policy that requires
individuals who work with both such
juveniles and adults inmates in
collocated facilities have been trained
and certified to work with juveniles;
and
``(ii) that--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget) and has no existing acceptable
alternative placement available;
``(II) is located where conditions
of distance to be traveled or the lack
of highway, road, or transportation do
not allow for court appearances within
48 hours (excluding Saturdays, Sundays,
and legal holidays) so that a brief
(not to exceed an additional 48 hours)
delay is excusable; or
``(III) is located where conditions
of safety exist (such as severe
adverse, life-threatening weather
conditions that do not allow for
reasonably safe travel), in which case
the time for an appearance may be
delayed until 24 hours after the time
that such conditions allow for
reasonable safe travel;
``(C) juveniles who are accused of nonstatus
offenses and who are detained not to exceed 20 days in
a jail or lockup that satisfies the requirements of
subparagraph (B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget); and
``(II) has no existing acceptable
alternative placement available;
``(ii) a parent or other legal guardian (or
guardian ad litem) of the juvenile involved, in
consultation with the counsel representing the
juvenile, consents to detaining such juvenile
in accordance with this subparagraph and has
the right to revoke such consent at any time;
``(iii) the juvenile has counsel, and the
counsel representing such juvenile--
``(I) consults with the parents of
the juvenile to determine the
appropriate placement of the juvenile;
and
``(II) has an opportunity to
present the juvenile's position
regarding the detention involved to the
court before the court approves such
detention;
``(iv) the court hears from the juvenile
before court approval of such placement; and
``(v) detaining such juvenile in accordance
with this subparagraph is--
``(I) approved in advance by a
court with competent jurisdiction that
has determined that such placement is
in the best interest of such juvenile;
and
``(II) required to be reviewed
periodically and in the presence of the
juvenile, at intervals of not more than
5 days (excluding Saturdays, Sundays,
and legal holidays), by such court for
the duration of detention;'',
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A),
paragraph (13), and paragraph (14)'' and
inserting ``paragraphs (11), (12), and (13)'',
and
(ii) by striking ``paragraph (12)(A) and
paragraph (13)'' and inserting ``paragraphs
(11) and (12)'',
(M) in paragraph (16) by striking ``mentally,
emotionally, or physically handicapping conditions''
and inserting ``disability'',
(N) by amending paragraph (19) to read as follows:
``(19) provide assurances that--
``(A) any assistance provided under this Act will
not cause the displacement (including a partial
displacement, such as a reduction in the hours of
nonovertime work, wages, or employment benefits) of any
currently employed employee;
``(B) activities assisted under this Act will not
impair an existing collective bargaining relationship,
contract for services, or collective bargaining
agreement; and
``(C) no such activity that would be inconsistent
with the terms of a collective bargaining agreement
shall be undertaken without the written concurrence of
the labor organization involved;'',
(O) by amending paragraph (22) to read as follows:
``(22) provide that the State agency designated under
paragraph (1) will--
``(A) to the extent practicable give priority in
funding to programs and activities that are based on
rigorous, systematic, and objective research that is
scientifically based;
``(B) from time to time, but not less than
annually, review its plan and submit to the
Administrator an analysis and evaluation of the
effectiveness of the programs and activities carried
out under the plan, and any modifications in the plan,
including the survey of State and local needs, that it
considers necessary; and
``(C) not expend funds to carry out a program if
the recipient of funds who carried out such program
during the preceding 2-year period fails to
demonstrate, before the expiration of such 2-year
period, that such program achieved substantial success
in achieving the goals specified in the application
submitted by such recipient to the State agency;'',
(P) by amending paragraph (23) to read as follows:
``(23) address juvenile delinquency prevention efforts and
system improvement efforts designed to reduce, without
establishing or requiring numerical standards or quotas, the
disproportionate number of juvenile members of minority groups,
who come into contact with the juvenile justice system;'',
(Q) by amending paragraph (24) to read as follows:
``(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be
promptly notified that such juvenile is held in custody
for violating such order;
``(B) not later than 24 hours during which such
juvenile is so held, an authorized representative of
such agency shall interview, in person, such juvenile;
and
``(C) not later than 48 hours during which such
juvenile is so held--
``(i) such representative shall submit an
assessment to the court that issued such order,
regarding the immediate needs of such juvenile;
and
``(ii) such court shall conduct a hearing
to determine--
``(I) whether there is reasonable
cause to believe that such juvenile
violated such order; and
``(II) the appropriate placement of
such juvenile pending disposition of
the violation alleged;'',
(R) in paragraph (25)--
(i) by striking ``1992'' and inserting
``2000'', and
(ii) by striking the period at the end and
inserting a semicolon,
(S) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(T) by adding at the end the following:
``(25) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section 222
(other than funds made available to the State advisory group
under section 222(d)) that the State will reserve for
expenditure by the State to provide incentive grants to units
of general local government that reduce the caseload of
probation officers within such units;
``(26) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file in
the geographical area under the jurisdiction of such court will
be made known to such court;
``(27) establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing and implementing
treatment plans for juvenile offenders; and
``(28) provide assurances that juvenile offenders whose
placement is funded through section 472 of the Social Security
Act (42 U.S.C. 672) receive the protections specified in
section 471 of such Act (42 U.S.C. 671), including a case plan
and case plan review as defined in section 475 of such Act (42
U.S.C. 675).'',
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (22) of subsection (a)
in any fiscal year beginning after September 30, 2001, then--
``(1) subject to paragraph (2), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 12.5 percent for each such
paragraph with respect to which the failure occurs, and
``(2) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(A) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to
achieve compliance with any such paragraph with respect
to which the State is in noncompliance; or
``(B) the Administrator determines that the State--
``(i) has achieved substantial compliance
with such applicable requirements with respect
to which the State was not in compliance; and
``(ii) has made, through appropriate
executive or legislative action, an unequivocal
commitment to achieving full compliance with
such applicable requirements within a
reasonable time.'',
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting
``allocation'', and
(B) by striking ``subsection (a) (12)(A), (13),
(14) and (23)'' each place it appears and inserting
``paragraphs (11), (12), (13), and (22) of subsection
(a)'', and
(4) by adding at the end the following:
``(e) Notwithstanding any other provision of law, the
Administrator shall establish appropriate administrative and
supervisory board membership requirements for a State agency designated
under subsection (a)(1) and permit the State advisory group appointed
under subsection (a)(3) to operate as the supervisory board for such
agency, at the discretion of the chief executive officer of the
State.''.
SEC. 10. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2d part I as part F, and
(4) by inserting after part B the following:
``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
``SEC. 241. AUTHORITY TO MAKE GRANTS.
``(a) Grants to Eligible States.--The Administrator may make grants
to eligible States, from funds allocated under section 242, for the
purpose of providing financial assistance to eligible entities to carry
out projects designed to prevent juvenile delinquency, including--
``(1) projects that provide treatment (including treatment
for mental health problems) to juvenile offenders, and
juveniles who are at risk of becoming juvenile offenders, who
are victims of child abuse or neglect or who have experienced
violence in their homes, at school, or in the community, and to
their families, in order to reduce the likelihood that such
juveniles will commit violations of law;
``(2) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in
elementary and secondary schools or in alternative
learning situations in educational settings;
``(B) to provide services to assist juveniles in
making the transition to the world of work and self-
sufficiency;
``(C) to assist in identifying learning
difficulties (including learning disabilities);
``(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
``(E) to encourage new approaches and techniques
with respect to the prevention of school violence and
vandalism;
``(F) which assist law enforcement personnel and
juvenile justice personnel to more effectively
recognize and provide for learning-disabled and other
juveniles with disabilities;
``(G) which develop locally coordinated policies
and programs among education, juvenile justice, and
social service agencies; or
``(H) to provide services to juveniles with serious
mental and emotional disturbances (SED) in need of
mental health services;
``(3) projects which expand the use of probation officers--
``(A) particularly for the purpose of permitting
nonviolent juvenile offenders (including status
offenders) to remain at home with their families as an
alternative to incarceration or institutionalization;
and
``(B) to ensure that juveniles follow the terms of
their probation;
``(4) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in high-
crime areas and juveniles experiencing educational failure,
with responsible adults (such as law enforcement officers,
adults working with local businesses, and adults working for
community-based organizations and agencies) who are properly
screened and trained;
``(5) community-based projects and services (including
literacy and social service programs) which work with juvenile
offenders and juveniles who are at risk of becoming juvenile
offenders, including those from families with limited English-
speaking proficiency, their parents, their siblings, and other
family members during and after incarceration of the juvenile
offenders, in order to strengthen families, to allow juvenile
offenders to be retained in their homes, and to prevent the
involvement of other juvenile family members in delinquent
activities;
``(6) projects designed to provide for the treatment
(including mental health services) of juveniles for dependence
on or abuse of alcohol, drugs, or other harmful substances;
``(7) projects which leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(8) projects which provide for an initial intake
screening of each juvenile taken into custody--
``(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
``(B) to provide appropriate interventions
(including mental health services) to prevent such
juvenile from committing subsequent offenses;
``(9) projects (including school- or community-based
projects) that are designed to prevent, and reduce the rate of,
the participation of juveniles in gangs that commit crimes
(particularly violent crimes), that unlawfully use firearms and
other weapons, or that unlawfully traffic in drugs and that
involve, to the extent practicable, families and other
community members (including law enforcement personnel and
members of the business community) in the activities conducted
under such projects;
``(10) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement agencies,
child protection agencies, mental health agencies, welfare
services, health care agencies (including collaboration on
appropriate prenatal care for pregnant juvenile offenders),
private nonprofit agencies, and public recreation agencies
offering services to juveniles;
``(11) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and
businesses, projects for the employment of juveniles and
referral to job training programs (including referral to
Federal job training programs);
``(12) delinquency prevention activities which involve
youth clubs, sports, recreation and parks, peer counseling and
teaching, the arts, leadership development, community service,
volunteer service, before- and after-school programs, violence
prevention activities, mediation skills training, camping,
environmental education, ethnic or cultural enrichment,
tutoring, and academic enrichment;
``(13) to establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(14) programs that encourage social competencies,
problem-solving skills, and communication skills, youth
leadership, and civic involvement;
``(15) programs that focus on the needs of young girls at-
risk of delinquency or status offenses;
``(16) projects which provide for--
``(A) an assessment by a qualified mental health
professional of incarcerated juveniles who are
suspected to be in need of mental health services;
``(B) the development of an individualized
treatment plan for those incarcerated juveniles
determined to be in need of such services;
``(C) the inclusion of a discharge plan for
incarcerated juveniles receiving mental health services
that addresses aftercare services; and
``(D) all juveniles receiving psychotropic
medications to be under the care of a licensed mental
health professional;
``(17) after-school programs that provide at-risk juveniles
and juveniles in the juvenile justice system with a range of
age-appropriate activities, including tutoring, mentoring, and
other educational and enrichment activities;
``(18) programs related to the establishment and
maintenance of a school violence hotline, based on a public-
private partnership, that students and parents can use to
report suspicious, violent, or threatening behavior to local
school and law enforcement authorities;
``(19) programs (excluding programs to purchase guns from
juveniles) designed to reduce the unlawful acquisition and
illegal use of guns by juveniles, including partnerships
between law enforcement agencies, health professionals, school
officials, firearms manufacturers, consumer groups, faith-based
groups and community organizations;
``(20) programs designed to prevent animal cruelty by
juveniles and to counsel juveniles who commit animal cruelty
offenses, including partnerships among law enforcement
agencies, animal control officers, social services agencies,
and school officials;
``(21) programs that provide suicide prevention services
for incarcerated juveniles and for juveniles leaving the
incarceration system;
``(22) programs to establish partnerships between State
educational agencies and local educational agencies for the
design and implementation of character education and training
programs that reflect the values of parents, teachers, and
local communities, and incorporate elements of good character,
including honesty, citizenship, courage, justice, respect,
personal responsibility, and trustworthiness;
``(23) programs that foster strong character development in
at-risk juveniles and juveniles in the juvenile justice system;
``(24) local programs that provide for immediate
psychological evaluation and follow-up treatment (including
evaluation and treatment during a mandatory holding period for
not less than 24 hours) for juveniles who bring a gun on school
grounds without permission from appropriate school authorities;
and
``(25) other activities that are likely to prevent juvenile
delinquency.
``(b) Grants to Eligible Indian Tribes.--The Administrator may make
grants to eligible Indian tribes from funds allocated under section
242(b), to carry out projects of the kinds described in subsection (a).
``SEC. 242. ALLOCATION.
``(a) Allocation Among Eligible States.--Subject to subsection (b),
funds appropriated to carry out this part shall be allocated among
eligible States proportionately based on the population that is less
than 18 years of age in the eligible States.
``(b) Allocation Among Indian Tribes Collectively.--Before
allocating funds under subsection (a) among eligible States, the
Administrator shall allocate among eligible Indian tribes as determined
under section 246(a), an aggregate amount equal to the amount such
tribes would be allocated under subsection (a), and without regard to
this subsection, if such tribes were treated collectively as an
eligible State.
``SEC. 243. ELIGIBILITY OF STATES.
``(a) Application.--To be eligible to receive a grant under section
241, a State shall submit to the Administrator an application that
contains the following:
``(1) An assurance that the State will use--
``(A) not more than 5 percent of such grant, in the
aggregate, for--
``(i) the costs incurred by the State to
carry out this part; and
``(ii) to evaluate, and provide technical
assistance relating to, projects and activities
carried out with funds provided under this
part; and
``(B) the remainder of such grant to make grants
under section 244.
``(2) An assurance that, and a detailed description of how,
such grant will supplement, and not supplant State and local
efforts to prevent juvenile delinquency.
``(3) An assurance that such application was prepared after
consultation with and participation by the State advisory
group, community-based organizations, and organizations in the
local juvenile justice system, that carry out programs,
projects, or activities to prevent juvenile delinquency.
``(4) An assurance that the State advisory group will be
afforded the opportunity to review and comment on all grant
applications submitted to the State agency.
``(5) An assurance that each eligible entity described in
section 244 that receives an initial grant under section 244 to
carry out a project or activity shall also receive an assurance
from the State that such entity will receive from the State,
for the subsequent fiscal year to carry out such project or
activity, a grant under such section in an amount that is
proportional, based on such initial grant and on the amount of
the grant received under section 241 by the State for such
subsequent fiscal year, but that does not exceed the amount
specified for such subsequent fiscal year in such application
as approved by the State.
``(6) Such other information and assurances as the
Administrator may reasonably require by rule.
``(b) Approval of Applications.--
``(1) Approval required.--Subject to paragraph (2), the
Administrator shall approve an application, and amendments to
such application submitted in subsequent fiscal years, that
satisfy the requirements of subsection (a).
``(2) Limitation.--The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless--
``(A)(i) the State submitted a plan under section
223 for such fiscal year; and
``(ii) such plan is approved by the Administrator
for such fiscal year; or
``(B) the Administrator waives the application of
subparagraph (A) to such State for such fiscal year,
after finding good cause for such a waiver.
``SEC. 244. GRANTS FOR LOCAL PROJECTS.
``(a) Grants by States.--Using a grant received under section 241,
a State may make grants to eligible entities whose applications are
received by the State, and reviewed by the State advisory group, to
carry out projects and activities described in section 241.
``(b) Special Consideration.--For purposes of making grants under
subsection (a), the State shall give special consideration to eligible
entities that--
``(1) propose to carry out such projects in geographical
areas in which there is--
``(A) a disproportionately high level of serious
crime committed by juveniles; or
``(B) a recent rapid increase in the number of
nonstatus offenses committed by juveniles;
``(2)(A) agreed to carry out such projects or activities
that are multidisciplinary and involve more than 2 private
nonprofit agencies, organizations, and institutions that have
experience dealing with juveniles; or
``(B) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or reduce
the rate of juvenile delinquency, and that involve other
entities operated by individuals who have a demonstrated
history of involvement in activities designed to prevent
juvenile delinquency; and
``(3) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and
activities.
``SEC. 245. ELIGIBILITY OF ENTITIES.
``(a) Eligibility.--Except as provided in subsection (b), to be
eligible to receive a grant under section 244, a unit of general
purpose local government, acting jointly with not fewer than 2 private
nonprofit agencies, organizations, and institutions that have
experience dealing with juveniles, shall submit to the State an
application that contains the following:
``(1) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year, to
carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a kind described in one
or more of paragraphs (1) through (25) of section 241(a) as
specified in, such application.
``(2) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of
such goals.
``(3) A statement identifying the research (if any) such
entity relied on in preparing such application.
``(b) Limitation.--If an eligible entity that receives a grant
under section 244 to carry out a project or activity for a 2-year
period, and receives technical assistance from the State or the
Administrator after requesting such technical assistance (if any),
fails to demonstrate, before the expiration of such 2-year period, that
such project or such activity has achieved substantial success in
achieving the goals specified in the application submitted by such
entity to receive such grants, then such entity shall not be eligible
to receive any subsequent grant under such section to continue to carry
out such project or activity.
``SEC. 246. GRANTS TO INDIAN TRIBES.
``(a) Eligibility.--
``(1) Application.--To be eligible to receive a grant under
section 241(b), an Indian tribe shall submit to the
Administrator an application in accordance with this section,
in such form and containing such information as the
Administrator may require by rule.
``(2) Plans.--Such application shall include a plan for
conducting programs, projects, and activities described in
section 241(a), which plan shall--
``(A) provide evidence that the applicant Indian
tribe performs law enforcement functions (as determined
by the Secretary of the Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to
be addressed by activities conducted with funds
provided by the grant for which such application is
submitted, by the Indian tribe in the geographical area
under the jurisdiction of the Indian tribe;
``(C) provide for fiscal control and accounting
procedures that--
``(i) are necessary to ensure the prudent
use, proper disbursement, and accounting of
grants received by applicants under this
section; and
``(ii) are consistent with the requirement
specified in subparagraph (B); and
``(D) comply with the requirements specified in
section 223(a) (excluding any requirement relating to
consultation with a State advisory group) and with the
requirements specified in section 222(c); and
``(E) contain such other information, and be
subject to such additional requirements, as the
Administrator may reasonably require by rule to ensure
the effectiveness of the projects for which grants are
made under section 241(b).
``(b) Factors for Consideration.--For the purpose of selecting
eligible applicants to receive grants under section 241(b), the
Administrator shall consider--
``(1) the resources that are available to each applicant
Indian tribe that will assist, and be coordinated with, the
overall juvenile justice system of the Indian tribe; and
``(2) with respect to each such applicant--
``(A) the juvenile population; and
``(B) the population and the entities that will be
served by projects proposed to be carried out with the
grant for which the application is submitted.
``(c) Grant Process.--
``(1) Selection of grant recipients.--
``(A) Selection Requirements.--Except as provided
in paragraph (2), the Administrator shall--
``(i) make grants under this section on a
competitive basis; and
``(ii) specify in writing to each applicant
selected to receive a grant under this section,
the terms and conditions on which such grant is
made to such applicant.
``(B) Period of grant.--A grant made under this
section shall be available for expenditure during a 2-
year period.
``(2) Exception.--If--
``(A) in the 2-year period for which a grant made
under this section shall be expended, the recipient of
such grant applies to receive a subsequent grant under
this section; and
``(B) the Administrator determines that such
recipient performed during the year preceding the 2-
year period for which such recipient applies to receive
such subsequent grant satisfactorily and in accordance
with the terms and conditions applicable to the grant
received;
then the Administrator may waive the application of the
competition-based requirement specified in paragraph (1)(A)(i)
and may allow the applicant to incorporate by reference in the
current application the text of the plan contained in the
recipient's most recent application previously approved under
this section.
``(3) Authority to modify application process for
subsequent grants.--The Administrator may modify by rule the
operation of subsection (a) with respect to the submission and
contents of applications for subsequent grants described in
paragraph (2).
``(d) Reporting Requirement.--Each Indian tribe that receives a
grant under this section shall be subject to the fiscal accountability
provisions of section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by chapter 75 of
title 31, United States Code.
``(e) Matching Requirement.--(1) Funds appropriated for the
activities of any agency of an Indian tribal government or the Bureau
of Indian Affairs performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of any program or
project with a matching requirement funded under this section.
``(2) Paragraph (1) shall not apply with respect to funds
appropriated before the date of the enactment of the Juvenile Justice
and Delinquency Prevention Act of 2001.
``(3) If the Administrator determines that an Indian tribe does not
have sufficient funds available to meet the non-Federal share of the
cost of any program or activity to be funded under the grant, the
Administrator may increase the Federal share of the cost thereof to the
extent the Administrator deems necessary.''.
SEC. 11. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as
added by section 10, the following:
``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
``(a) Research and Evaluation.--(1) The Administrator may--
``(A) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(B) conduct research or evaluation in juvenile justice
matters, for the purpose of providing research and evaluation
relating to--
``(i) the prevention, reduction, and control of
juvenile delinquency and serious crime committed by
juveniles;
``(ii) the link between juvenile delinquency and
the incarceration of members of the families of
juveniles;
``(iii) successful efforts to prevent first-time
minor offenders from committing subsequent involvement
in serious crime;
``(iv) successful efforts to prevent recidivism;
``(v) the juvenile justice system;
``(vi) juvenile violence;
``(vii) appropriate mental health services for
juveniles and youth at risk of participating in
delinquent activities;
``(viii) reducing the proportion of juveniles
detained or confined in secure detention facilities,
secure correctional facilities, jails, and lockups who
are members of minority groups;
``(ix) evaluating services, treatment, and
aftercare placement of juveniles who were under the
care of the State child protection system before their
placement in the juvenile justice system;
``(x) determining--
``(I) the frequency, seriousness, and
incidence of drug use by youth in schools and
communities in the States using, if
appropriate, data submitted by the States
pursuant to this subparagraph and subsection
(b); and
``(II) the frequency, degree of harm, and
morbidity of violent incidents, particularly
firearm-related injuries and fatalities, by
youth in schools and communities in the States,
including information with respect to--
``(aa) the relationship between
victims and perpetrators;
``(bb) demographic characteristics
of victims and perpetrators; and
``(cc) the type of weapons used in
incidents, as classified in the Uniform
Crime Reports of the Federal Bureau of
Investigation; and
``(xi) other purposes consistent with the purposes
of this title and title I.
``(2) The Administrator shall ensure that an equitable amount of
funds available to carry out paragraph (1)(B) is used for research and
evaluation relating to the prevention of juvenile delinquency.
``(3) Nothing in this subsection shall be construed to permit the
development of a national database of personally identifiable
information on individuals involved in studies, or in data-collection
efforts, carried out under paragraph (1)(B)(x).
``(4) Not later than 1 year after the date of enactment of
this paragraph,the Administrator shall conduct a study with
respect to juveniles who, prior to placement in the juvenile
justice system, were under the care or custody of the State
child welfare system, and to juveniles who are unable to return
to their family after completing their disposition in the
juvenile justice system and who remain wards of the State. Such
study shall include--
``(A) the number of juveniles in each category;
``(B) the extent to which State juvenile justice
systems and child welfare systems are coordinating
services and treatment for such juveniles;
``(C) the Federal and local sources of funds used
for placements and post-placement services;
``(D) barriers faced by State in providing services
to these juveniles;
``(E) the types of post-placement services used;
``(F) the frequency of case plans and case plan
reviews; and
``(G) the extent to which case plans identify and
address permanency and placement barriers and treatment
plans.
``(b) Statistical Analyses.--The Administrator may--
``(1) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(2) undertake statistical work in juvenile justice
matters, for the purpose of providing for the collection,
analysis, and dissemination of statistical data and information
relating to juvenile delinquency and serious crimes committed
by juveniles, to the juvenile justice system, to juvenile
violence, and to other purposes consistent with the purposes of
this title and title I.
``(c) Competitive Selection Process.--The Administrator shall use a
competitive process, established by rule by the Administrator, to carry
out subsections (a) and (b).
``(d) Implementation of Agreements.--A Federal agency that makes an
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator
may carry out such agreement directly or by making grants to or
contracts with public and private agencies, institutions, and
organizations.
``(e) Information Dissemination.--The Administrator may--
``(1) review reports and data relating to the juvenile
justice system in the United States and in foreign nations (as
appropriate), collect data and information from studies and
research into all aspects of juvenile delinquency (including
the causes, prevention, and treatment of juvenile delinquency)
and serious crimes committed by juveniles;
``(2) establish and operate, directly or by contract, a
clearinghouse and information center for the preparation,
publication, and dissemination of information relating to
juvenile delinquency, including State and local prevention and
treatment programs, plans, resources, and training and
technical assistance programs; and
``(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the purpose of
disseminating information to representatives and personnel of
public and private agencies, including practitioners in
juvenile justice, law enforcement, the courts, corrections,
schools, and related services, in the establishment,
implementation, and operation of projects and activities for
which financial assistance is provided under this title.
``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Training.--The Administrator may--
``(1) develop and carry out projects for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102.
``(b) Technical Assistance.--The Administrator may--
``(1) develop and implement projects for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies and organizations, including
practitioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects, and
activities for which financial assistance is provided under
this title; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations, for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies, including practitioners in
juvenile justice, law enforcement, courts (including model
juvenile and family courts), corrections, schools, and related
services, in the establishment, implementation, and operation
of programs, projects, and activities for which financial
assistance is provided under this title.
``(c) Training and Technical Assistance to Mental Health
Professionals and Law Enforcement Personnel.--The Administrator shall
provide training and technical assistance to mental health
professionals and law enforcement personnel (including public
defenders, police officers, probation officers, judges, parole
officials, and correctional officers) to address or to promote the
development, testing, or demonstration of promising or innovative
models (including model juvenile and family courts), programs, or
delivery systems that address the needs of juveniles who are alleged or
adjudicated delinquent and who, as a result of such status, are placed
in secure detention or confinement or in nonsecure residential
placements.''.
SEC. 12. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as
added by section 11, the following:
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make grants
to and contracts with States, units of general local government, Indian
tribal governments, public and private agencies, organizations, and
individuals, or combinations thereof, to carry out projects for the
development, testing, and demonstration of promising initiatives and
programs for the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the extent
reasonable and practicable, such grants are made to achieve an
equitable geographical distribution of such projects throughout the
United States.
``(b) Use of Grants.--A grant made under subsection (a) may be used
to pay all or part of the cost of the project for which such grant is
made.
``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
``The Administrator may make grants to and contracts with public
and private agencies, organizations, and individuals to provide
technical assistance to States, units of general local government,
Indian tribal governments, local private entities or agencies, or any
combination thereof, to carry out the projects for which grants are
made under section 261.
``SEC. 263. ELIGIBILITY.
``To be eligible to receive a grant made under this part, a public
or private agency, Indian tribal government, organization, institution,
individual, or combination thereof shall submit an application to the
Administrator at such time, in such form, and containing such
information as the Administrator may reasonably require by rule.
``SEC. 264. REPORTS.
``Recipients of grants made under this part shall submit to the
Administrator such reports as may be reasonably requested by the
Administrator to describe progress achieved in carrying out the
projects for which such grants are made.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
``(a) Authorization of Appropriations for Title II (Excluding Parts
C and E).--(1) There are authorized to be appropriated to carry out
this title such sums as may be appropriate for fiscal years 2002, 2003,
2004, 2005, and 2006.
``(2) Of such sums as are appropriated for a fiscal year to carry
out this title (other than parts C and E)--
``(A) not more than 5 percent shall be available to carry
out part A;
``(B) not less than 80 percent shall be available to carry
out part B; and
``(C) not more than 15 percent shall be available to carry
out part D.
``(b) Authorization of Appropriations for Part C.--There are
authorized to be appropriated to carry out part C such sums as may be
necessary for fiscal years 2002, 2003, 2004, 2005, and 2006.
``(c) Authorization of Appropriations for Part E.--There are
authorized to be appropriated to carry out part E, and authorized to
remain available until expended, such sums as may be necessary for
fiscal years 2002, 2003, 2004, 2005, and 2006.''.
SEC. 14. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the specific
requirements of this title or to respond to requests for
clarification and guidance relating to such compliance'', and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the requirements
described in paragraphs (11), (12), and (13) of section 223(a), then
for the period such law is in effect in such State such State shall be
rebuttably presumed to satisfy such requirements.''.
SEC. 15. USE OF FUNDS.
Section 299C(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
``(c) No funds may be paid under this title to a residential
program (excluding a program in a private residence) unless--
``(1) there is in effect in the State in which such
placement or care is provided, a requirement that the provider
of such placement or such care may be licensed only after
satisfying, at a minimum, explicit standards of discipline that
prohibit neglect, physical and mental abuse, as defined by
State law;
``(2) such provider is licensed as described in paragraph
(1) by the State in which such placement or care is provided;
and
``(3) such provider satisfies the licensing standards of
each other State from which such provider receives a juvenile
for such placement or such care, in accordance with the
Interstate Compact on Child Placement as entered into by such
other State.''.
SEC. 16. LIMITATIONS ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 10, is amended adding at the end the following:
``SEC. 299F. LIMITATIONS ON USE OF FUNDS.
``None of the funds made available to carry out this title may be
used to advocate for, or support, the unsecured release of juveniles
who are charged with a violent crime.''.
SEC. 17. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 10 and amended by section 16, is amended adding at the end the
following:
``SEC. 299G. RULES OF CONSTRUCTION.
``Nothing in this title or title I shall be construed--
``(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
``(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.''.
SEC. 18. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 10 and amended by sections 16 and 17, is amended adding at the
end the following:
``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
``The Administrator may receive surplus Federal property (including
facilities) and may lease such property to States and units of general
local government for use in or as facilities for juvenile offenders, or
for use in or as facilities for delinquency prevention and treatment
activities.''.
SEC. 19. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 10 and amended by sections 16, 17, and 18, is amended adding at
the end the following:
``SEC. 299I. ISSUANCE OF RULES.
``The Administrator shall issue rules to carry out this title,
including rules that establish procedures and methods for making grants
and contracts, and distributing funds available, to carry out this
title.''.
SEC. 20. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 10 and amended by sections 16, 17, 18, and 19, is amended by
adding at the end the following:
``SEC. 299J. CONTENT OF MATERIALS.
``Materials produced, procured, or distributed both using funds
appropriated to carry out this Act and for the purpose of preventing
hate crimes that result in acts of physical violence, shall not
recommend or require any action that abridges or infringes upon the
constitutionally protected rights of free speech, religion, or equal
protection of juveniles or of their parents or legal guardians.''.
SEC. 21. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
(1) in section 202(b) by striking ``prescribed for GS-18 of
the General Schedule by section 5332'' and inserting ``payable
under section 5376'',
(2) in section 221(b)(2) by striking the last sentence,
(3) in section 299D by striking subsection (d), and
(4) by striking titles IV and V, as originally enacted by
Public Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) The Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.) is amended--
(A) in section 214(b)(1) by striking ``262, 293, and 296 of
subpart II of title II'' and inserting ``299B and 299E'',
(B) in section 214A(c)(1) by striking ``262, 293, and 296
of subpart II of title II'' and inserting ``299B and 299E'',
(C) in section 217(c)(1) by striking ``sections 262, 293,
and 296 of subpart II of title II'' and inserting ``sections
299B and 299E'', and
(D) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(2) Section 404(a)(5)(E) of the Missing Children's Assistance Act
(42 U.S.C. 5773) is amended by striking ``section 313'' and inserting
``section 331''.
SEC. 22. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to fiscal years beginning after September
30, 2001.
Passed the House of Representatives September 20, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 1900
_______________________________________________________________________
AN ACT
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
provide quality prevention programs and accountability programs
relating to juvenile delinquency, and for other purposes.