[Congressional Record Volume 143, Number 100 (Tuesday, July 15, 1997)]
[House]
[Pages H5195-H5213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT OF 1997
Mr. RIGGS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1818) to amend the Juvenile Justice and Delinquency Prevention
Act of 1974 to authorize appropriations for fiscal years 1998, 1999,
2000, and 2001, and for other purposes, as amended.
The Clerk read as follows:
H.R. 1818
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
Crime Control and Delinquency 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--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
Sec. 101. Findings.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Name of office.
Sec. 105. Concentration of Federal effort.
Sec. 106. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 107. Annual report.
Sec. 108. Allocation.
Sec. 109. State plans.
Sec. 110. Juvenile delinquency prevention block grant program.
Sec. 111. Research; evaluation; technical assistance; training.
Sec. 112. Demonstration projects.
Sec. 113. Authorization of appropriations.
Sec. 114. Administrative authority.
Sec. 115. Use of funds.
Sec. 116. Limitation on use of funds.
Sec. 117. Rule of construction.
Sec. 118. Leasing surplus Federal property.
Sec. 119. Issuance of Rules.
Sec. 120. Technical and conforming amendments.
Sec. 121. References.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT
Sec. 201. Findings.
Sec. 202. Authority to make grants for centers and services.
Sec. 203. Eligibility.
Sec. 204. Approval of applications.
Sec. 205. Authority for transitional living grant program.
Sec. 206. Eligibility.
Sec. 207. Authority to make grants for research, evaluation,
demonstration, and service projects.
Sec. 208. Temporary demonstration projects to provide services to youth
in rural areas.
Sec. 209. Sexual abuse prevention program.
Sec. 210. Assistance to potential grantees.
Sec. 211. Reports.
Sec. 212. Evaluation.
Sec. 213. Authorization of appropriations.
Sec. 214. Consolidated review of applications.
Sec. 215. Definitions.
Sec. 216. Redesignation of sections.
Sec. 217. Technical amendment.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Duties and functions of the Administrator.
Sec. 302. Grants for prevention programs.
Sec. 303. Repeal of definition.
Sec. 304. Authorization of appropriations.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Effective date; application of amendments.
TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
SEC. 101. 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) There has been a dramatic increase in juvenile
delinquency, particularly violent crime committed by
juveniles. Weapons offenses and homicides are 2 of the
fastest growing crimes committed by juveniles. More than \1/
2\ of juvenile victims are killed with a firearm.
Approximately \1/5\ of the individuals arrested for
committing violent crime are less than 18 years of age. The
increase in both the number of youth below the age of 15
and females arrested for violent crime is cause for
concern.
``(2) This problem 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, 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.
``(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.
Without true reform, the criminal 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
30 percent.''.
SEC. 102. 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. 103. 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 (9) by striking ``justice'' and inserting
``crime control'',
(5) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(6) in paragraph (13)(B) by striking ``, any non-
offender,'',
(7) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(8) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the end, and
(B) by striking subparagraph (C),
(9) by striking paragraph (17),
(10) 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,
[[Page H5196]]
(11) in paragraph (23) by striking the period at the end
and inserting a semicolon,
(12) by redesignating paragraphs (18), (19), (20), (21),
(22), and (23) as paragraphs (17) through (22), respectively,
and
(12) by adding at the end the following:
``(23) the term `boot camp' means a residential facility
(excluding a private residence) at which there are provided--
``(A) a highly regimented schedule of discipline, physical
training, work, drill, and ceremony characteristic of
military basic training.
``(B) regular, remedial, special, and vocational education;
and
``(C) counseling and treatment for substance abuse and
other health and mental health problems;
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions
(including incentives 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 `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible rape,
or robbery, or
``(B) aggravated assault committed with the use of a
firearm;
``(26) the term `co-located 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
``(27) 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. 104. NAME OF OFFICE.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by amending the heading of part A to read as follows:
``Part A--Office of Juvenile Crime Control and Delinquency
Prevention'',
(2) in section 201(a) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(3) in subsections section 299A(c)(2) by striking ``Justice
and Delinquency Prevention'' and inserting ``Crime Control
and Delinquency Prevention''.
SEC. 105. 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 (a)(1) by striking the last sentence,
(2) in subsection (b)--
(A) in paragraph (3) by striking ``and of the prospective''
and all that follows through ``administered'',
(B) by striking paragraph (5), and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively,
(3) 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'',
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 106. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is repealed.
SEC. 107. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``priorities,'', and
(B) by striking ``, and recommendations of the Council'',
(2) 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.'', and
(3) by redesignating such section as section 206.
SEC. 108. 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 ``amount, up to $400,000,'' and inserting
``amount up to $400,000'',
(II) by inserting a comma after ``1992'' the 1st place it
appears,
(III) by striking ``the Trust Territory of the Pacific
Islands,'', and
(IV) 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 ``or such greater amount, up to $600,000''
and all that follows through ``section 299(a) (1) and (3)'',
(III) by striking ``the Trust Territory of the Pacific
Islands,'',
(IV) by striking ``amount, up to $100,000,'' and inserting
``amount up to $100,000'', and
(V) by inserting a comma after ``1992'',
(B) in paragraph (3) by striking ``allot'' and inserting
``allocate'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 109. 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 2nd sentence by striking ``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, representatives of 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 (C) by striking ``justice'' and
inserting ``crime control'',
(iv) 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
(v) 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'' after ``section 222'', 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'',
(II) by striking ``justice'' the second place it appears
and inserting ``crime control'', and
(III) 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;'', 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 (B) to read as follows:
[[Page H5197]]
``(B) programs that assist in holding juveniles accountable
for their actions, including the use of graduated sanctions
and of neighborhood courts or panels that increase victim
satisfaction and require juveniles to make restitution for
the damage caused by their delinquent behavior;'',
(iii) in subparagraph (C) by striking ``juvenile justice''
and inserting ``juvenile crime control'',
(iv) 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;'',
(v) 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'',
(vi) 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;'',
(vii) 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, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened and
trained;'',
(viii) in subparagraph (H) by striking ``handicapped
youth'' and inserting ``juveniles with disabilities'',
(ix) by amending subparagraph (K) to read as follows:
``(K) boot camps for juvenile offenders;'',
(x) by amending subparagraph (L) to read as follows:
``(L) 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;'',
(xi) by amending subparagraph (M) to read as follows:
``(M) other activities (such as court-appointed advocates)
that the State determines will hold juveniles accountable for
their acts and decrease juvenile involvement in delinquent
activities;'',
(xii) by amending subparagraph (N) to read as follows:
``(N) establishing policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;'',
(xiii) in subparagraph (O)--
(I) in striking ``cultural'' and inserting ``other'', and
(II) by striking the period at the end and inserting a
semicolon, and
(xiv) by adding at the end the following:
``(P) a system of records relating to any adjudication of
juveniles less than 18 years of age who are adjudicated
delinquent for conduct that would be a violent crime if
committed by an adult, that is--
``(i) equivalent to the records that would be kept of
adults arrested for such conduct, including fingerprints and
photographs;
``(ii) submitted to the Federal Bureau of Investigation in
the same manner as adult records are so submitted;
``(iii) retained for a period of time that is equal to the
period of time records are retained for adults; and
``(iv) available on an expedited basis to law enforcement
agencies, the courts, and school officials (and such school
officials shall be subject to the same standards and
penalties that law enforcement and juvenile justice system
employees are subject to under Federal and State law, for
handling and disclosing such information);
``(Q) programs that utilize multidisciplinary interagency
case management and information sharing, that enable the
juvenile justice and law enforcement agencies, schools, and
social service agencies to make more informed decisions
regarding early identification, control, supervision, and
treatment of juveniles who repeatedly commit violent or
serious delinquent acts; and
``(R) programs designed to prevent and reduce hate crimes
committed by juveniles.'',
(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,
and juveniles within the purview of paragraph (11), will not
be detained or confined in any institution in which they have
regular contact, or unsupervised incidental contact, with
adults incarcerated because such adults have been convicted
of a crime or are awaiting trial on criminal charges; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adults in co-located 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;
``(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
or confined in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have regular contact, or
unsupervised incidental contact, with adults incarcerated
because such adults have been convicted of a crime or are
awaiting trial on criminal charges; and
``(II) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adults in co-located 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);
``(II) has no existing acceptable alternative placement
available;
``(III) 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
``(IV) 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 or confined 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 consents to detaining or
confining 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 has an opportunity to present the
juvenile's position regarding the detention or confinement
involved to the court before the court approves such
detention or confinement; and
``(iv) detaining or confining 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;
``(II) required to be reviewed periodically, at intervals
of not more than 5 days (excluding Saturdays, Sundays, and
legal holidays), by such court for the duration of detention
or confinement; and
``(III) for a period preceding the sentencing (if any) of
such juvenile;'',
(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)'',
[[Page H5198]]
(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 (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;'',
(P) 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;'',
(Q) in paragraph (25) by striking the period at the end and
inserting a semicolon,
(R) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(S) 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, and
``(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.'', and
(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, 1997, then the amount allocated to such State for the
subsequent fiscal year shall be reduced by not to exceed 12.5
percent for each such paragraph with respect to which the
failure occurs, unless the Administrator determines that the
State--
``(1) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(2) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.'', and
(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)''.
SEC. 110. 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 2nd 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.
``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 assist in holding juveniles accountable
for their actions, including the use of neighborhood courts
or panels that increase victim satisfaction and require
juveniles to make restitution, or perform community service,
for the damage caused by their delinquent acts;
``(2) projects 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;
``(3) 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 handicapped juveniles; or
``(G) which develop locally coordinated policies and
programs among education, juvenile justice, and social
service agencies;
``(4) 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;
``(5) 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;
``(6) community-based projects and services (including
literacy and social service programs) which work with
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;
``(7) projects designed to provide for the treatment of
juveniles for dependence on or abuse of alcohol, drugs, or
other harmful substances;
``(8) 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;
``(9) 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 to prevent such
juvenile from committing subsequent offenses;
``(10) 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;
``(11) 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, and private nonprofit
agencies offering services to juveniles;
``(12) 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);
``(13) 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;
``(14) 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;
``(15) family strengthening activities, such as mutual
support groups for parents and their children;
[[Page H5199]]
``(16) programs that encourage social competencies,
problem-solving skills, and communication skills, youth
leadership, and civic involvement;
``(17) programs that focus on the needs of young girls at-
risk of delinquency or status offenses; and
``(18) other activities that are likely to prevent juvenile
delinquency.
``SEC. 242. ALLOCATION.
``Funds appropriated to carry out this part shall be
allocated among eligible States as follows:
``(1) Fifty percent of such amount shall be allocated
proportionately based on the population that is less than 18
years of age in the eligible States.
``(2) Fifty percent of such amount shall be allocated
proportionately based on the annual average number of arrests
for serious crimes committed in the eligible States by
juveniles during the then most recently completed period of 3
consecutive calendar years for which sufficient information
is available to the Administrator.
``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 support, 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 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 each eligible entity described in
section 244(a) 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.
``(5) 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) Selection From Among Applications.--(1) Using a grant
received under section 241, a State may make grants to
eligible entities whose applications are received by the
State in accordance with subsection (b) to carry out projects
and activities described in section 241.
``(2) For purposes of making such grants, the State shall
give special consideration to eligible entities that--
``(A) propose to carry out such projects in geographical
areas in which there is--
``(i) a disproportionately high level of serious crime
committed by juveniles; or
``(ii) a recent rapid increase in the number of nonstatus
offenses committed by juveniles;
``(B)(i) agreed to carry out such projects or activities
that are multidisciplinary and involve 2 or more eligible
entities; or
``(ii) 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
``(C) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and
activities.
``(b) Receipt of Applications.--(1) Subject to paragraph
(2), a unit of general local government shall submit to the
State simultaneously all applications that are--
``(A) timely received by such unit from eligible entities;
and
``(B) determined by such unit to be consistent with a
current plan formulated by such unit for the purpose of
preventing, and reducing the rate of, juvenile delinquency in
the geographical area under the jurisdiction of such unit.
``(2) If an application submitted to such unit by an
eligible entity satisfies the requirements specified in
subparagraphs (A) and (B) of paragraph (1), such entity may
submit such application directly to the State.
``SEC. 245. ELIGIBILITY OF ENTITIES.
``(a) Eligibility.--Subject to subsections (b) and except
as provided in subsection (c), to be eligible to receive a
grant under section 244, a community-based organization,
local juvenile justice system officials (including
prosecutors, police officers, judges, probation officers,
parole officers, and public defenders), local education
authority (as defined in section 14101 of the Elementary and
Secondary Education Act of 1965 and including a school within
such authority), nonprofit private organization, unit of
general local government, or social service provider, and or
other entity with a demonstrated history of involvement in
the prevention of juvenile delinquency, shall submit to a
unit of general local government 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 (14) of section 241 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) Review and Submission of Applications.--Except as
provided in subsection (c), an entity shall not be eligible
to receive a grant under section 244 unless--
``(1) such entity submits to a unit of general local
government an application that--
``(A) satisfies the requirements specified in subsection
(a); and
``(B) describes a project or activity to be carried out in
the geographical area under the jurisdiction of such unit;
and
``(2) such unit determines that such project or activity is
consistent with a current plan formulated by such unit for
the purpose of preventing, and reducing the rate of, juvenile
delinquency in the geographical area under the jurisdiction
of such unit.
``(c) Limitation.--If an 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. 111. 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 110, 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, after consultation with the
Director of the National Institute of Justice, the purposes
and goals of all agreements carried out with funds provided
under this subsection; and
``(B) make agreements with the National Institute of
Justice or, subject to the approval of the Assistant Attorney
General for the Office of Justice Programs, with another
Federal agency authorized by law to 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; and
``(vii) 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.
``(b) Statistical Analyses.--The Administrator may--
``(1) plan and identify, after consultation with the
Director of the Bureau of Justice Statistics, the purposes
and goals of all agreements carried out with funds provided
under this subsection; and
``(2) make agreements with the Bureau of Justice
Statistics, or subject to the approval
[[Page H5200]]
of the Assistant Attorney General for the Office of Justice
Programs, with another Federal agency authorized by law to
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 consist 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, 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, 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, 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,
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.''.
SEC. 112. 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 111, 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 reasonable 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 the projects for which such grants are made.''.
SEC. 113. 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 1998, 1999, 2000, and 2001.
``(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 1998, 1999, 2000,
and 2001.
``(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 1998, 1999, 2000, and
2001.''.
SEC. 114. 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. 115. USE OF FUNDS.
Section 299C of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5674) is amended--
(1) in subsection (a)--
(A) by striking ``may be used for'',
(B) in paragraph (1) by inserting ``may be used for'' after
``(1)'', and
(C) by amending paragraph (2) to read as follows:
``(2) may not be used for the cost of construction of any
facility, except not more than 15 percent of the funds
received under this title by a State for a fiscal year may be
used for the purpose of renovating or replacing juvenile
facilities.'',
(2) by striking subsection (b), and
(3) by redesignating subsection (c) as subsection (b).
SEC. 116. LIMITATION 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 110, is amended adding at the end the
following:
``SEC. 299F. LIMITATION 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. 117. 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 110 and amended by section 116, 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. 118. 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 110 and amended by section 117, 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.''.
[[Page H5201]]
SEC. 119. 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 110 and amended by section 118, 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. 120. 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) Section 5315 of title 5 of
the United States Code is amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' and inserting
``Office of Juvenile Crime Control and Delinquency
Prevention''.
(2) Section 4351(b) of title 18 of the United States Code
is amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile
Crime Control and Delinquency Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39
of the United States Code is amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention''.
(4) Section 463(f) of the Social Security Act (42 U.S.C.
663(f)) is amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' and inserting ``Office of
Juvenile Crime Control and Delinquency Prevention''.
(5) Sections 801(a), 804, 805, and 813 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712(a), 3782, 3785, 3786, 3789i) are amended by striking
``Office of Juvenile Justice and Delinquency Prevention''
each place it appears and inserting ``Office of Juvenile
Crime Control and Delinquency Prevention''.
(6) 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 sections 217 and 222 by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention'', and
(D) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(7) The Missing Children's Assistance Act (42 U.S.C. 5771
et seq.) is amended--
(A) in section 403(2) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(B) in subsections (a)(5)(E) and (b)(1)(B) of section 404
by striking ``section 313'' and inserting ``section 331''.
(8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.)
is amended--
(A) 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
(B) in section 223(c) by striking ``section 262, 293, and
296 of title II'' and inserting ``sections 299B and 299E''.
SEC. 121. REFERENCES.
In any Federal law (excluding this Act and the Acts amended
by this Act), Executive order, rule, regulation, order,
delegation of authority, grant, contract, suit, or document--
(1) a reference to the Office of Juvenile Justice and
Delinquency Prevention shall be deemed to include a reference
to the Office of Juvenile Crime Control and Delinquency
Prevention, and
(2) a reference to the National Institute for Juvenile
Justice and Delinquency Prevention shall be deemed to include
a reference to Office of Juvenile Crime Control and
Delinquency Prevention.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT
SEC. 201. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) in paragraph (5) by striking ``accurate reporting of
the problem nationally'' and inserting ``an accurate national
reporting system to report the problem,'', and
(2) by amending paragraph (8) to read as follows:
``(8) services for runaway and homeless youth are needed in
urban, suburban and rural areas;''.
SEC. 202. AUTHORITY TO MAKE GRANTS FOR CENTERS AND SERVICES.
Section 311 of the Runaway and Homeless Youth Act (42
U.S.C. 5711) is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) The Secretary shall make grants to public and
nonprofit private entities (and combinations of such
entities) to establish and operate (including renovation)
local centers to provide services for runaway and homeless
youth and for the families of such youth.
``(2) Such services--
``(A) shall be provided as an alternative to involving
runaway and homeless youth in the law enforcement, child
welfare, mental health, and juvenile justice systems;
``(B) shall include--
``(i) safe and appropriate shelter; and
``(ii) individual, family, and group counseling, as
appropriate; and
``(C) may include--
``(i) street-based services;
``(ii) home-based services for families with youth at risk
of separation from the family; and
``(iii) drug abuse education and prevention services.'',
(2) in subsection (b)--
(A) in paragraph (2) by striking ``the Trust Territory of
the Pacific Islands,'', and
(B) by striking paragraph (4), and
(3) by striking subsections (c) and (d).
SEC. 203. ELIGIBILITY.
Section 312 of the Runaway and Homeless Youth Act (42
U.S.C. 5712) is amended--
(1) in subsection (b)--
(A) in paragraph (8) by striking ``paragraph (6)'' and
inserting ``paragraph (7)'',
(B) in paragraph (10) by striking ``and'' at the end,
(C) in paragraph (11) by striking the period at the end and
inserting ``; and'', and
(D) by adding at the end the following:
``(12) shall submit to the Secretary an annual report that
includes--
``(A) information regarding the activities carried out
under this part;
``(B) the achievements of the project under this part
carried out by the applicant; and
``(C) statistical summaries describing--
``(i) the number and the characteristics of the runaway and
homeless youth, and youth at risk of family separation, who
participate in the project; and
``(ii) the services provided to such youth by the project;
in the year for which the report is submitted.'', and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) To be eligible to use assistance under section
311(a)(2)(C)(i) to provide street-based services, the
applicant shall include in the plan required by subsection
(b) assurances that in providing such services the applicant
will--
``(1) provide qualified supervision of staff, including on-
street supervision by appropriately trained staff;
``(2) provide backup personnel for on-street staff;
``(3) provide initial and periodic training of staff who
provide such services; and
``(4) conduct outreach activities for runaway and homeless
youth, and street youth.
``(d) To be eligible to use assistance under section 311(a)
to provide home-based services described in section
311(a)(2)(C)(ii), an applicant shall include in the plan
required by subsection (b) assurances that in providing such
services the applicant will--
``(1) provide counseling and information to youth and the
families (including unrelated individuals in the family
households) of such youth, including services relating to
basic life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical
health care, parenting skills, financial planning, and
referral to sources of other needed services;
``(2) provide directly, or through an arrangement made by
the applicant, 24-hour service to respond to family crises
(including immediate access to temporary shelter for runaway
and homeless youth, and youth at risk of separation from the
family);
``(3) establish, in partnership with the families of
runaway and homeless youth, and youth at risk of separation
from the family, objectives and measures of success to be
achieved as a result of receiving home-based services;
``(4) provide initial and periodic training of staff who
provide home-based services; and
``(5) ensure that--
``(A) caseloads will remain sufficiently low to allow for
intensive (5 to 20 hours per week) involvement with each
family receiving such services; and
``(B) staff providing such services will receive qualified
supervision.
``(e) To be eligible to use assistance under section
311(a)(2)(C)(iii) to provide drug abuse education and
prevention services, an applicant shall include in the plan
required by subsection (b)--
``(1) a description of--
``(A) the types of such services that the applicant
proposes to provide;
``(B) the objectives of such services; and
``(C) the types of information and training to be provided
to individuals providing such services to runaway and
homeless youth; and
``(2) an assurance that in providing such services the
applicant shall conduct outreach activities for runaway and
homeless youth.''.
SEC. 204. APPROVAL OF APPLICATIONS.
Section 313 of the Runaway and Homeless Youth Act (42
U.S.C. 5713) is amended to read as follows:
``approval of applications
``Sec. 313. (a) An application by a public or private
entity for a grant under section 311(a) may be approved by
the Secretary after taking into consideration, with respect
to the State in which such entity proposes to provide
services under this part--
``(1) the geographical distribution in such State of the
proposed services under this
[[Page H5202]]
part for which all grant applicants request approval; and
``(2) which areas of such State have the greatest need for
such services.
``(b) The Secretary shall, in considering applications for
grants under section 311(a), give priority to--
``(1) eligible applicants who have demonstrated experience
in providing services to runaway and homeless youth; and
``(2) eligible applicants that request grants of less than
$200,000.''.
SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.
Section 321 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-1) is amended--
(1) in the heading by striking ``purpose and'',
(2) in subsection (a) by striking ``(a)'', and
(3) by striking subsection (b).
SEC. 206. ELIGIBILITY.
Section 322(a)(9) of the Runaway and Homeless Youth Act (42
U.S.C. 5714-2(a)(9)) is amended by inserting ``, and the
services provided to such youth by such project,'' after
``such project''.
SEC. 207. AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION,
DEMONSTRATION, AND SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-23) is amended--
(1) in the heading of such section by inserting
``evaluation,'' after ``research,'',
(2) in subsection (a) by inserting ``evaluation,'' after
``research,'', and
(3) in subsection (b)--
(A) by striking paragraph (2), and
(B) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively.
SEC. 208. TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE
SERVICES TO YOUTH IN RURAL AREAS.
Section 344 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-24) is repealed.
SEC. 209. SEXUAL ABUSE PREVENTION PROGRAM.
Section 40155 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1922)
is amended to read as follows:
``SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE
SEXUAL ABUSE OF RUNAWAY, HOMELESS, AND STREET
YOUTH.
``(a) Authority for Program.--The Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.) is amended--
``(1) by striking the heading for part F,
``(2) by redesignating part E as part F, and
``(3) by inserting after part D the following:
`` `PART E--SEXUAL ABUSE PREVENTION PROGRAM
`` `SEC. 351. AUTHORITY TO MAKE GRANTS.
`` `(a) The Secretary may make grants to nonprofit private
agencies for the purpose of providing street-based services
to runaway and homeless, and street youth, who have been
subjected to, or are at risk of being subjected to, sexual
abuse.
`` `(b) In selecting applicants to receive grants under
subsection (a), the Secretary shall give priority to non-
profit private agencies that have experience in providing
services to runaway and homeless, and street youth.'.
``(b) Authorization of Appropriations.--Section 389(a) of
the Runaway and Homeless Youth Act (42 U.S.C. 5751), as
amended by section 213 of the Juvenile Crime Control and
Delinquency Prevention Act of 1997, is amended by adding at
the end the following:
`` `(4) There are authorized to be appropriated to carry
out part E such sums as may be necessary for fiscal years
1998, 1999, 2000, and 2001.' ''.
SEC. 210. ASSISTANCE TO POTENTIAL GRANTEES.
Section 371 of the Runaway and Homeless Youth Act (42
U.S.C. 5714a) is amended by striking the last sentence.
SEC. 211. REPORTS.
Section 381 of the Runaway and Homeless Youth Act (42
U.S.C. 5715) is amended to read as follows:
``reports
``Sec. 381. (a) Not later than April 1, 1999, and at 2-year
intervals thereafter, the Secretary shall submit, to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on the Judiciary of the
Senate, a report on the status, activities, and
accomplishments of entities that receive grants under parts
A, B, C, D, and E, with particular attention to--
``(1) in the case of centers funded under part A, the
ability or effectiveness of such centers in--
``(A) alleviating the problems of runaway and homeless
youth;
``(B) if applicable or appropriate, reuniting such youth
with their families and encouraging the resolution of
intrafamily problems through counseling and other services;
``(C) strengthening family relationships and encouraging
stable living conditions for such youth; and
``(D) assisting such youth to decide upon a future course
of action; and
``(2) in the case of projects funded under part B--
``(A) the number and characteristics of homeless youth
served by such projects;
``(B) the types of activities carried out by such projects;
``(C) the effectiveness of such projects in alleviating the
problems of homeless youth;
``(D) the effectiveness of such projects in preparing
homeless youth for self-sufficiency;
``(E) the effectiveness of such projects in assisting
homeless youth to decide upon future education, employment,
and independent living;
``(F) the ability of such projects to encourage the
resolution of intrafamily problems through counseling and
development of self-sufficient living skills; and
``(G) activities and programs planned by such projects for
the following fiscal year.
``(b) The Secretary shall include in the report required by
subsection (a) summaries of--
``(1) the evaluations performed by the Secretary under
section 386; and
``(2) descriptions of the qualifications of, and training
provided to, individuals involved in carrying out such
evaluations.''.
SEC. 212. EVALUATION.
Section 384 of the Runaway and Homeless Youth Act (42
U.S.C. 5732) is amended to read as follows:
``evaluation and information
``Sec. 384. (a) If a grantee receives grants for 3
consecutive fiscal years under part A, B, C, D, or E (in the
alternative), then the Secretary shall evaluate such grantee
on-site, not less frequently than once in the period of such
3 consecutive fiscal years, for purposes of--
``(1) determining whether such grants are being used for
the purposes for which such grants are made by the Secretary;
``(2) collecting additional information for the report
required by section 383; and
``(3) providing such information and assistance to such
grantee as will enable such grantee to improve the operation
of the centers, projects, and activities for which such
grants are made.
``(b) Recipients of grants under this title shall cooperate
with the Secretary's efforts to carry out evaluations, and to
collect information, under this title.''.
SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
Section 385 of the Runaway and Homeless Youth Act (42
U.S.C. 5751) is amended to read as follows:
``authorization of appropriations
``Sec. 389. (a)(1) There are authorized to be appropriated
to carry out this title (other than part E) such sums as may
be necessary for fiscal years 1998, 1999, 2000, and 2001.
``(2)(A) From the amount appropriated under paragraph (1)
for a fiscal year, the Secretary shall reserve not less than
90 percent to carry out parts A and B.
``(B) Of the amount reserved under subparagraph (A), not
less than 20 percent, and not more than 30 percent, shall be
reserved to carry out part B.
``(3) After reserving the amounts required by paragraph
(2), the Secretary shall reserve the remaining amount (if
any) to carry out parts C and D.
``(b) No funds appropriated to carry out this title may be
combined with funds appropriated under any other Act if the
purpose of combining such funds is to make a single
discretionary grant, or a single discretionary payment,
unless such funds are separately identified in all grants and
contracts and are used for the purposes specified in this
title.''.
SEC. 214. CONSOLIDATED REVIEW OF APPLICATIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended by inserting after section 384 the following:
``consolidated review of applications
``Sec. 385. With respect to funds available to carry out
parts A, B, C, D, and E, nothing in this title shall be
construed to prohibit the Secretary from--
``(1) announcing, in a single announcement, the
availability of funds for grants under 2 or more of such
parts; and
``(2) reviewing applications for grants under 2 or more of
such parts in a single, consolidated application review
process.''.
SEC. 215. DEFINITIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended by inserting after section 385, as added by
section 214, the following:
``definitions
``Sec. 386. For the purposes of this title:
``(1) The term `drug abuse education and prevention
services'--
``(A) means services to runaway and homeless youth to
prevent or reduce the illicit use of drugs by such youth; and
``(B) may include--
``(i) individual, family, group, and peer counseling;
``(ii) drop-in services;
``(iii) assistance to runaway and homeless youth in rural
areas (including the development of community support
groups);
``(iv) information and training relating to the illicit use
of drugs by runaway and homeless youth, to individuals
involved in providing services to such youth; and
``(v) activities to improve the availability of local drug
abuse prevention services to runaway and homeless youth.
``(2) The term `home-based services'--
``(A) means services provided to youth and their families
for the purpose of--
``(i) preventing such youth from running away, or otherwise
becoming separated, from their families; and
``(ii) assisting runaway youth to return to their families;
and
``(B) includes services that are provided in the residences
of families (to the extent practicable), including--
``(i) intensive individual and family counseling; and
``(ii) training relating to life skills and parenting.
``(3) The term `homeless youth' means an individual--
``(A) who is--
``(i) not more than 21 years of age; and
[[Page H5203]]
``(ii) for the purposes of part B, not less than 16 years
of age;
``(B) for whom it is not possible to live in a safe
environment with a relative; and
``(C) who has no other safe alternative living arrangement.
``(4) The term `street-based services'--
``(A) means services provided to runaway and homeless
youth, and street youth, in areas where they congregate,
designed to assist such youth in making healthy personal
choices regarding where they live and how they behave; and
``(B) may include--
``(i) identification of and outreach to runaway and
homeless youth, and street youth;
``(ii) crisis intervention and counseling;
``(iii) information and referral for housing;
``(iv) information and referral for transitional living and
health care services;
``(v) advocacy, education, and prevention services related
to--
``(I) alcohol and drug abuse;
``(II) sexually transmitted diseases, including human
immunodeficiency virus (HIV); and
``(III) physical and sexual assault.
``(5) The term `street youth' means an individual who--
``(A) is--
``(i) a runaway youth; or
``(ii) indefinitely or intermittently a homeless youth; and
``(B) spends a significant amount of time on the street or
in other areas which increase the exposure of such youth to
sexual abuse.
``(6) The term `transitional living youth project' means a
project that provides shelter and services designed to
promote a transition to self-sufficient living and to prevent
long-term dependency on social services.
``(7) The term `youth at risk of separation from the
family' means an individual--
``(A) who is less than 18 years of age; and
``(B)(i) who has a history of running away from the family
of such individual;
``(ii) whose parent, guardian, or custodian is not willing
to provide for the basic needs of such individual; or
``(iii) who is at risk of entering the child welfare system
or juvenile justice system as a result of the lack of
services available to the family to meet such needs.''.
SEC. 216. REDESIGNATION OF SECTIONS.
Sections 371, 372, 381, 382, 383, 384, 385, and 386 of the
Runaway and Homeless Youth Act (42 U.S.C. 5714b-5851 et
seq.), as amended by this title, are redesignated as sections
381, 382, 383, 384, 385, 386, 387, and 388, respectively.
SEC. 217. TECHNICAL AMENDMENT.
Section 331 of the Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.) is amended in the 1st sentence by
striking ``With'' and all that follows through ``the
Secretary'', and inserting ``The Secretary''.
TITLE III--REPEAL OF TITLE V RELATING TO INCENTIVE GRANTS FOR LOCAL
DELINQUENCY PREVENTION PROGRAMS
SEC. 301. REPEALER.
Title V of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5681 et seq.), as added by Public Law
102-586, is repealed.
TITLE IV--GENERAL PROVISIONS
SEC. 401. 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, 1997.
TITLE V--MISCELLANEOUS AMENDMENTS
SEC. 501. NATIONAL RESOURCE CENTER AND CLEARINGHOUSE FOR
MISSING CHILDREN.
(a) Alternative Authorization of Appropriations.--There is
authorized to be appropriated to The National Center for
Missing and Exploited Children, a nonprofit corporation
organized under the laws of the District of Columbia,
$5,000,000 for each of the fiscal years 1998, 1999, 2000, and
2001 to operate a national resource center and clearinghouse
designed--
(1) to provide to State and local governments, public and
private nonprofit agencies, and individuals information
regarding--
(A) free or low-cost legal, restaurant, lodging, and
transportation services that are available for the benefit of
missing children and their families, and
(B) the existence and nature of programs being carried out
by Federal agencies to assist missing children and their
families,
(2) to coordinate public and private programs which locate,
recover, or reunite missing children with their legal
custodians,
(3) to disseminate nationally information about innovative
and model missing children's programs, services, and
legislation, and
(4) to provide technical assistance and training to law
enforcement agencies, State and local governments, elements
of the criminal justice system, public and private nonprofit
agencies, and individuals in the prevention, investigation,
prosecution, and treatment of missing and exploited child
cases and in locating and recovering missing children.
(b) Conforming Amendments.--Section 404(b) of the Missing
Children's Assistance Act (42 U.S.C. 5773(b)) is amended--
(1) by striking ``, shall'',
(2) in paragraph (1)--
(A) in subparagraph (A) by inserting ``shall'' after
``(A)'', and
(B) in subparagraph (B) by striking ``coordinating'' and
inserting ``shall coordinate'',
(3) in paragraph (2) by inserting ``for any fiscal year for
which no funds are appropriated under section 2 of the
Missing and Exploited Children Act of 1997, shall'' after
``(2)'',
(4) in paragraph (3) by inserting ``shall'' after ``(3)'',
and
(5) in paragraph (4) by inserting ``shall'' after ``(4)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Riggs] and the gentleman from California [Mr. Martinez]
each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Riggs].
Mr. RIGGS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, combating juvenile crime is one of our most important
domestic priorities, and it is an issue that has received a great deal
of attention in recent months, both in this body and across the land.
Earlier this spring, the House of Representatives overwhelmingly
passed H.R. 3, sponsored by the gentleman from Florida [Mr. McCollum],
my good friend. This was the Committee on the Judiciary bill that
focused on the punishment of juvenile offenders through graduated
sanctions and greater accountability for those offenders and their
parents or guardians. At that time when we were debating the McCollum
bill, many Members expressed a need to balance punishment with
prevention. The bill before us today on the floor does just that.
Mr. Speaker, I want Members to know at the outset that Republicans
want to control juvenile crime using a balanced approach which focuses
on prevention and accountability and helping young people turn their
lives around. As we have said all along, we have to balance harshness
with hope through an approach that is tough on punishment but smart on
prevention.
H.R. 1818 will assist States and local communities to develop
strategies to combat the juvenile crime wave through a wide range of
prevention and intervention programs. This juvenile crime wave has been
called by some demographers, some criminologists, a time bomb waiting
to go off if we fail to deal with the problem in an adequate manner.
H.R. 1818 is a bipartisan bill. It was the result of many hours of
discussions involving the gentleman from California [Mr. Martinez],
ranking member of the Subcommittee on Early Childhood, Youth and
Families that I chair, the gentleman from Virginia [Mr. Scott], who
played a lead role in crafting this legislation, the gentleman from
Pennsylvania [Mr. Greenwood] and myself.
The legislation also reflects information gathered during
subcommittee hearings, meetings with individuals in the juvenile
justice community, and individual visits to juvenile facilities and
prevention programs around the country. It draws, as well, from
recommendations of the Clinton administration and bills introduced by
other Members of both parties. This is good policy. It is a carefully
constructed balance among the range of views on this issue.
H.R. 1818 streamlines current law, reduces burdensome State
requirements, and provides States and local community-based providers
with greater flexibility in addressing juvenile crime. It acknowledges
that the most successful solutions to juvenile crime are developed at
the State and local level by those who understand the unique
characteristics of youth and of the juvenile crime problem in their
area.
One of the most important features of this legislation is the
creation of a new prevention block grant to States. All of the current
discretionary programs, the separate categorical programs, are
consolidated into this prevention block grant to the States. States and
local communities are provided broad discretion in how to use the funds
from this block grant. I would, however, hope that States would
continue the same level of active partnership between the State and
local governments and private nonprofit community-based organizations
that has typified the administration of this act in the past.
For example, H.R. 1818 allows the use of funds for intervention and
prevention activities such as antigang programs; mentoring, which we
have
[[Page H5204]]
found to be one of the most successful means of diverting young people
who are already in the juvenile justice system or young people at risk
of coming into contact with the system from a life of crime;
educational assistance; and job training and employment services. It
also allows funds to be used for the development of systems of
graduated sanctions and additional probation officers to monitor youth
to assure that they abide by the terms of their probation.
Both of these activities are in fact forms of prevention. They are
forms of prevention targeted at minor offenders, targeted at diverting
those minor offenders from the justice system before they graduate to
adult crimes and adult prisons. While the bill outlines a number of
successful approaches for reducing and preventing juvenile crime, it
does not limit the types of prevention activities carried out by local
communities.
Mr. Speaker, another very important part of this legislation is the
reauthorization of the Runaway and Homeless Youth Act. These effective
programs work to protect youth by keeping them off the streets, away
from criminal activities and out of desperate circumstances. The act
has been successful in meeting the needs of runaway and homeless youth
and in reunifying these youth with their families.
{time} 1230
I realize concerns have been raised concerning the elimination of the
Independent Coordinating Council on Juvenile Justice and Delinquency
Prevention. The committee report accompanying H.R. 1818 clearly points
out that we expect the administrator of the Office of Juvenile Justice
and Delinquency Prevention to continue coordinating efforts among
Federal departments and agencies which work with at-risk or delinquent
youth. The report further states that nothing in the law would prevent
the administrator from creating an informal coordinating council.
However, I would like to note that another available mechanism to
achieve the creation of an official coordinating council would be for
the President to establish such a council through an Executive Order.
Mr. Speaker, many members of our staff and the administration have
contributed to our success today in moving this bill forward. The very
fact we are able to move this bill forward on the Suspension Calendar,
which is normally reserved for noncontroversial legislation, is a
testament to the cooperative and bipartisan efforts of all parties
involved. While it is impossible to thank everyone who has contributed
to this legislation, there are several people who have been
instrumental in helping us arrive at a consensus. I particularly want
to thank our very dedicated staff members, Lynn Selmser, who is seated
next to me, Erika Otto, Dan Dodgen, and Cheryl Johnson of the
committee's majority and minority staff, Denise Forte with the
gentleman from Virginia [Mr. Scott] and Judy Borger with the gentleman
from Pennsylvania [Mr. Greenwood].
I also want to acknowledge the strong personal interest that Attorney
General Reno took in this juvenile delinquency prevention legislation
early on and express my appreciation to her deputy, Shay Bilchik, who,
as the Administrator of the Office of Juvenile Justice and Delinquency
Prevention, made a tremendous contribution to this legislation and
whose advice was invaluable in crafting this legislation. I also want
to extend the same recognition to John Wilson, Deputy Administrator,
for his valuable contribution to the legislation.
Mr. Speaker, I believe the bill before us today provides the missing
link in our efforts to combat juvenile crime. Combined with H.R. 3, it
provides a balanced approach to addressing problems related to juvenile
crime in our country, and it therefore deserves our strong support and
commitment.
Mr. Speaker, I reserve the balance of my time.
Mr. MARTINEZ. Mr. Speaker, I yield myself such time as I may consume
and I rise in support of this bill.
Mr. Speaker, for as long as I have been in Congress, Republicans and
Democrats have consistently differed on the right way to combat crime,
especially juvenile crime. I experienced this difficulty as the last
subcommittee chairman that reauthorized this act back in 1992.
Fashioning bills related to crime which can gain the support of both
parties was and still is extremely difficult.
The difference of opinion on how we can effectively combat crime,
whether through prevention and early intervention or hard sanctions,
consistently has divided our parties. As a Member who strongly believed
in early intervention and primary intervention, I can attest to the
great debate over these differences.
Having said this, though, I must admit I am truly amazed we are here
today with a bipartisan bill. When the gentleman from California [Mr.
Riggs], the chairman, first proposed to engage Democrats in bipartisan
discussions aimed at producing a bill we could all support, I had
reservations. However, I believe the strong commitment of the chairman
to work with us on the issues that were important to us on this side of
the aisle is what truly held this process together. As a result, I
strongly believe that this bill shows that we can work together and
produce good public policy.
The legislation we are considering today arguably improves the vital
provisions of the Juvenile Justice and Delinquency Prevention Act. The
four core mandates of the act are maintained and have been modified in
such a way to both strengthen the protections they provide and provide
flexibility to deal with the real-life difficulties of dealing with
juvenile offenders.
In addition, a dramatic new step is also taken by the creation of the
community prevention block grant and the addition of important
preadjudication based prevention language. This last point is extremely
important, since we all know an ounce of prevention can result in a
pound of cure.
Having extolled the virtues of the bill, I would like to thank my
colleagues, the gentleman from California [Mr. Riggs], the gentleman
from Pennsylvania [Mr. Greenwood], and the gentleman from Virginia [Mr.
Scott], and others for working through the many, many differences we
had on this bill. The hours that we as Members spent and the many more
hours which the staff spent have obviously produced the bipartisan and
balanced product that we have all been seeking from the beginning and,
in my opinion, was, therefore, well worth the efforts. The leadership
of my colleagues on both sides of this issue has been essential to
working to striking the compromise that we have reached.
Having thanked my Republican friends on the other side of the aisle,
I would especially want to thank and single out the gentleman from
Virginia [Mr. Scott] for being the true leader on this bill and the
complex issues surrounding the debates over juvenile delinquency.
Congressman Scott's leadership and his driving commitment to ensure
that juveniles who commit delinquent acts are fairly treated was
invaluable and is reflected in this legislation before us today.
In closing, I want to thank all Members and suggest that Members
should realize the importance of this bill and the policies which are
reflected in it. The strong primary prevention focus of the bill will
give us the tools needed by those in the field to effectively deal with
those at risk of committing delinquent acts. With this in mind, I urge
all Members to vote for this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. RIGGS. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Pennsylvania [Mr. Goodling], chairman of the full Committee on
Education and the Workforce.
[Mr. GOODLING asked and was given permission to revise and extend his
remarks.]
Mr. GOODLING. Mr. Speaker, when we began this effort, I told the
staff to keep working until they could see whether they could satisfy
the gentleman from Virginia [Mr. Scott], and apparently we have done
that, and so we are here today.
Also, when we started, I indicated that we want to deal with juvenile
crime using a balanced approach, one of prevention and one of
accountability.
In 1995, juveniles accounted for 32 percent of robbery arrests, 23
percent of weapons arrests, 15 percent of rape arrests, 13 percent of
aggravated assault arrests and 9 percent of arrests
[[Page H5205]]
for murder. Those are pretty serious statistics. We also realized that
we could not begin to build enough jails to try to deal with that
issue, and it also would not be very wise to do only that.
So today we have before us the Juvenile Crime Control and Delinquency
Prevention Act. It is an important bill which not only supports making
juveniles accountable for their actions but which provides funds to
States and local communities to design prevention programs to help
youths turn their lives around.
Again, we allow the flexibility that we need to allow if local
entities are going to do the things that have to be done to bring about
the prevention as well as handling of the juveniles who we have
difficulty turning around.
So in this bill we have combined many individual programs, many that
were so small that they were totally ineffective, many that were
duplicative and, above all, as I indicated, we give an opportunity for
the local area to design the programs that they believe will work best
for that area.
Mr. Speaker, I encourage all Members to support this legislation.
Mr. MARTINEZ. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman
from California [Mr. Miller].
Mr. MILLER of California. Mr. Speaker, I thank the gentleman for
yielding me this time and I rise in strong support of the Juvenile
Crime Control and Delinquency Prevention Act because I believe
prevention programs that provide help to our troubled at-risk kids are
key to reducing juvenile crime.
Mr. Speaker, I want to commend the gentleman from California [Mr.
Riggs], the gentleman from Pennsylvania [Mr. Greenwood], the gentleman
from Virginia [Mr. Scott], the gentleman from California [Mr.
Martinez], and the staff on both sides for all of the work that they
have put into this legislation.
I also support this bill because it retains four core mandates in the
current law, especially the mandate that conditions funding under the
bill to a bar on incarcerating juveniles in adult facilities.
Overall, children in institutions are five times more likely to be
sexually assaulted, twice as likely to be beaten by staff, eight times
more likely to commit suicide, and 58 percent more likely to be
attacked with a weapon than in a juvenile facility.
Originally the bill provided an exception to that mandate for rural
areas that I believe did not have enough safeguards; but because of the
extreme dangers juveniles face in adult facilities and the bar placed
on this practice for kids in metropolitan areas, I have worked with the
subcommittee chairman to ensure that the rural exception is used only
after great consideration and caution, and only under limited
circumstances.
In that respect, Mr. Speaker, I would like to engage the subcommittee
chair in a colloquy, and ask of the chairman whether or not I am
correct that the chairman's mark incorporates changes that will help us
achieve those goals of providing for the safety of these people under
the exception?
Mr. RIGGS. Mr. Speaker, will the gentleman yield?
Mr. MILLER of California. I yield to the gentleman from California.
Mr. RIGGS. Mr. Speaker, I thank the gentleman for yielding and I want
to thank him for his contributions to the legislation; and, yes, he is
correct in his assumption.
I agree with the gentleman that the rural exception should be just
that, an exception. The rule under the bill is that a State is in
compliance if it bars juvenile incarceration in an adult facility that
exceeds a maximum of 48 hours, excluding weekends and holidays.
For rural areas, where there is no existing acceptable alternative, a
juvenile may be placed prior to adjudication and sentencing in an adult
facility if a number of conditions are met, and the gentleman may want
to discuss those conditions.
Mr. MILLER of California. Mr. Speaker, reclaiming my time, I thank
the gentleman.
Again, for a State to be in compliance under the bill, a juvenile in
a rural area shall be detained in a juvenile facility unless the judge
consults with the juvenile and his attorney and receives the consent of
the juvenile's parent, decides that it is in the best interest of the
juvenile for that child to be housed in a nearby adult facility.
But such a juvenile may only be incarcerated in an adult facility
prior to adjudication and sentencing. Additionally, a parent may
withdraw his or her consent to such an incarceration at any time.
Again, we intend for the rural exception to be invoked only in very
limited situations.
While we have not detailed in the bill the criteria a judge should
consider before invoking the exception, I will submit for the Record a
list of criteria we believe that the court should consider.
Mr. RIGGS. Mr. Speaker, if the gentleman will continue to yield, we
urge the court to use the rural exception carefully, and these criteria
should provide the court with some assistance in rendering a decision
on this issue. The committee believes it is important that the court
consider the criteria in determining the relationship between the
juvenile and their parents or guardian, the conditions in the jail or
lockup facility, and the potential impact on the general welfare of the
juvenile from being housed in such an adult facility.
Mr. Speaker, I am pleased to have worked with the gentleman from
California [Mr. Miller] to address his concerns.
Mr. MILLER of California. Mr. Speaker, once again reclaiming my time,
I want to thank the gentleman for his remarks and again I want to thank
him very much for his willingness to work on these concerns with both
sides of the committee, and I do believe he has reported to the floor a
bill that all Members of this House should support.
The criteria mentioned follows:
Criteria for Rural Exception Under H.R. 1818
The court, in deciding whether to place a juvenile in an
adult jail, should consider the following:
The potential impact on the juvenile's general welfare from
being housed in an adult facility;
Whether the nearest juvenile detention facility is so far
away as to preclude a parent from visiting the child;
Whether the child would have to be put into solitary
confinement in the adult jail in order to comply with the
separation requirements of this title;
Whether the staff in the adult jail is able to
appropriately supervise the child due to training in the
supervision of juveniles, and due to relevant staff/inmate
ratios;
Whether, in the adult jail, there are appropriate intake
procedures for juveniles, including medical and mental health
screening;
Whether the adult jail would provide needed services for
the child, especially educational services, social services
and mental health services;
Whether there is a classification system in the adult jail
that allows vulnerable juveniles to be separated from violent
offenders; and
Whether the juvenile's counsel will have access to the
juvenile to prepare properly for adjudicatory or other
proceedings.
Mr. RIGGS. Mr. Speaker, I yield myself 10 seconds to also recognize
Alex Nock, a staff member with the office of the gentleman from
California [Mr. Martinez]. That was an oversight on my part when we
were citing the individuals, particularly at the staff level, who have
made real contributions to this legislation.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Nebraska
[Mr. Barrett], a distinguished member of the committee.
Mr. BARRETT of Nebraska. Mr. Speaker, I thank the gentleman for
yielding me this time.
Mr. Speaker, this legislation provides relief for small rural law
enforcement offices, while also protecting the rights of juveniles
during presentencing.
States are currently required to remove juveniles from adult jails,
and often juveniles arrested in rural areas have to be transported at
great distances to jails that are far away, or perhaps far away from
the families as well, and also at great local cost to taxpayers.
As has been indicated, particularly in the colloquy, under H.R. 1818
juveniles could be held in adult jails for longer periods of time if
the parents and the court agree. An attorney for the juvenile can
represent the concerns of the juvenile, but the ultimate decision
rests, again, with the parents and the court. Now, the bill would
continue the current requirement for sight and sound separation from
adults.
[[Page H5206]]
Rural areas have been struggling for a long time to meet the
requirements of existing law, often at the expense of providing needed
prevention services to troubled youth. The bill would provide rural
areas with flexibility to provide prevention programs and also hold a
troubled youth in a local jail during presentencing.
Mr. Speaker, the House should pass H.R. 1818.
Mr. MARTINEZ. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman
from Virginia [Mr. Scott].
Mr. SCOTT. Mr. Speaker, as many of my colleagues are aware, I have
been actively involved in this issue of juvenile crime, both as a
member of the Committee on Education and the Workforce and on the House
Committee on the Judiciary.
From the outset of this discussion, I have said that Congress has a
decision to make in fighting youth violence, and that is we can either
play politics or we can reduce juvenile crime. H.R. 1818, I am happy to
say, reflects a bipartisan desire not to play politics by codifying
sound bites, instead it reflects a bipartisan commitment to reducing
crime by funding proven crime prevention programs.
Mr. Speaker, we know that prevention programs work. We know that they
often save more money than they cost. Head Start, for example, saves
money by reducing the need for remedial education, welfare; in crime,
Job Corps saves money by increasing employment and reducing crime; drug
rehabilitation programs have been shown to save $7 to $10 for every
dollar put in the program by reducing crime in health care expenses.
{time} 1245
So we know of prevention programs that work to reduce crime and save
money. This bill encourages communities to review the available
research, to develop a crime prevention plan and to fund these
prevention programs, programs that will help communities in their fight
against crime and programs that are cost effective. Communities across
the country are already doing this and they are seeing results.
In addition to the emphasis on prevention, H.R. 1818 keeps intact
several important principles of juvenile justice. Since 1974, there
have been concerted efforts to provide fundamental protections for
youth who come into contact with the juvenile justice system.
Many may not know that prior to 1974 it was common practice to lock
up youth who commit what are called status offenses, noncriminal acts
such as running away or being truant. These children, who had not
committed crimes and were often in need of social services and not
punishment, they were being locked up, often in adult jails. As a
result, kids were increasingly at risk of assault or committing
suicide.
The Juvenile Justice and Delinquency Prevention Act was enacted in
1974 to provide protection for children in these circumstances. The act
required States to divert status offenders from the juvenile criminal
system and place them in community-based alternatives where they would
receive the appropriate interventions and appropriate services.
Due to the enactment of this law, the number of children committing
suicide in detention has decreased dramatically. I applaud the
cosponsors of the bill for this fundamental protection. This decision
did not come easily.
But in May of this year, the House Subcommittee on Early Childhood,
Youth and Families heard unanimous, passionate, and eloquent testimony
on this very issue from a bipartisan panel of witnesses. They implored
us not to turn the clock back on these children and to maintain the
current law, that no status offenders should be locked up.
H.R. 1818 maintains this protection and continues the underlying
principle that no juveniles should be locked up with adults. These
principles are the heart and soul of the act of 1974, and H.R. 1818
makes sure that there is no change.
Finally, Mr. Speaker, I want to thank the gentleman from California
[Mr. Riggs] for his bipartisan leadership and also the gentleman from
Pennsylvania [Mr. Goodling], the gentleman from Missouri [Mr. Clay],
and my other colleagues, the gentleman from California [Mr. Martinez],
the gentleman from Pennsylvania [Mr. Greenwood], the gentleman from
California [Mr. Miller], and the gentleman from New Jersey [Mr. Payne]
for their contributions and for the contribution of our staffs.
I urge all of my colleagues to vote for this bill. This is a vote for
prevention and a vote to take politics out of the debate on juvenile
crime.
Mr. RIGGS. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Greenwood], another member of the committee and one
of the original bipartisan cosponsors of the legislation, and I want to
thank him again for his role in helping to craft the legislation.
Mr. GREENWOOD. Mr. Speaker, the juvenile judges of the juvenile
courts in this country face a wide variety of young people. Sometimes
brought before them are teenagers who already, because of the brutality
of their upbringing, the deprivation of their upbringing, are so
violent and vicious and predatory that they may in fact not be able to
be redeemed or rehabilitated; and for the benefit and safety of
society, they indeed do need to be locked away, sometimes for the rest
of their lives.
Other kids come before the courts who, because of their immaturity,
because of lack of proper parental guidance, have done some stupid
things, got in trouble with the law, and these kids need to be treated
firmly, but they need to be treated fairly and we need to see that they
are steered away from a life of crime.
Some of the group of kids come before the courts because they have
committed status offenses, something that would not be a crime if they
were adults, but they are chronic truants, they run away from home. And
they do that for a lot of reasons, and the courts need to decide
whether this is a child who is simply incorrigible and needs some
firmness, or whether this is a kid who is running away from abuse at
home and needs to be protected from his or her own parents.
This act needs to thread that needle. This act needs to balance all
those considerations, and we in the Congress have to give the State
juvenile court judges the latitude they need. I think we have done
this, and I would like to commend the gentleman from California [Mr.
Riggs], the chairman of the subcommittee, for his excellent work, the
gentleman from Virginia [Mr. Scott], the gentleman from California [Mr.
Martinez], the gentleman from California [Mr. Miller], and all the
others. In all of our deliberations, never once did I feel that any of
the participants were grandstanding or trying to politicize the issue.
These are all Members who care deeply about children, and this product
shows that and I would commend it to my colleagues.
Mr. MARTINEZ. Mr. Speaker, I yield 1 minute to the gentleman from
Massachusetts [Mr. Delahunt].
Mr. DELAHUNT. Mr. Speaker, I rise to strongly support this bill
because I prosecuted violent criminals for more than 20 years; and
unlike the juvenile crime bill we passed last May, I know this bill
will work. It will reduce violence because instead of dictating policy
from Washington, it relies on balanced, proven local initiatives which
have worked in the real world, and it focuses on preventing crime,
which is the best use of tax dollars.
In Boston, this balanced approach has already worked. Boston has not
had a single juvenile homicide for more than 2 years. Yet the
Washington-imposed mandates in the bill passed last May would preclude
Boston and most other cities and towns in this Nation from even
applying for Federal help.
Our communities do not need Washington telling them how to reduce
violence. What they do need is resources to get the job done, and that
is what this bill is about. I support it, and I want to extend my
congratulations to the gentleman from California [Mr. Riggs], the
gentleman from California [Mr. Martinez] the ranking member, and the
gentleman from Virginia [Mr. Scott] for the fine work and the product
which they have produced.
Mr. RIGGS. Mr. Speaker, I yield 4 minutes to the gentleman from
Florida [Mr. McCollum], the distinguished chairman of the Subcommittee
on Crime and the author of H.R. 3, which we have referred to before.
[[Page H5207]]
(Mr. McCollum asked and was given permission to revise and extend his
remarks.)
Mr. McCOLLUM. Mr. Speaker, I thank the gentleman from California [Mr.
Riggs] for yielding to me, and I want to commend the Committee on
Education and the Workforce and the subcommittee for this bill today
that I rise to support, H.R. 1818.
It is an excellent bill. I believe that H.R. 3 and H.R. 1818 provide
complements to each other in the juvenile justice system. We passed the
juvenile crime bill, H.R. 3, back in May. It is designed to fix the
broken juvenile system, to help the judges and repair the systems that
are broken in terms of providing accountability and consequences to
juveniles who commit misdemeanors and who commit even more serious
crimes.
Today we are passing a bill which is carefully crafted on the
prevention side, one that reauthorizes and revitalizes the Office of
Juvenile Justice and Delinquency Prevention, and I think it is a very
excellent product.
I would like to remind my colleagues that, unfortunately, one out of
every five violent crimes in this country are committed by juveniles,
that more murders are committed by 18-year-olds than any other age
group the last time that data was collected, and more rapes by 17-year-
olds. Yet we see many young people who come in contact with the
juvenile justice system who do not have those kinds of crimes. We have
the truants that we heard about. We have lots who commit misdemeanor
crimes that are not getting sanctions.
This bill today would modify some of the onerous burdens that were
placed on the States in previous law, particularly that with regard to
sight and sound separation, which resulted in some really unusual
circumstances where you could not even have a juvenile walk past a
booking desk where an adult prisoner might be seen; or you could not
have the same cook, cook the food for juveniles who might cook for an
adult, even though the child was separated completely from the adult
prisoner, in a situation like that for presentencing periods or
whatever it might be. I commend the committee for doing that.
I also think that the block grant program in this bill is a good
improvement over the existing law, many kinds of categorical grants
that were confusing. I believe that more flexibility for the States
would allow for better results.
I want to make it explicitly clear that neither H.R. 3, the crime
bill that passed in May, nor this bill, in any way authorizes or
encourages housing juveniles with adults. There is a great myth out
there in some of the op-ed pieces recently that says to the contrary.
That is simply not true. There is nothing in the Federal system that
has been changed with regard to current law in this regard.
To the extent that the language that is used in this bill is any
different than that which has been used in the past, that is nonsense.
No regular contact between juveniles and adult criminals during any
stage of the justice process, pretrial, presentencing, or
postsentencing, is allowed by H.R. 1818 or H.R. 3.
Furthermore, I would like to point out that in H.R. 3 we tried to get
at putting consequences back into the system, the most important part
of it being consequences for early juvenile delinquent acts, such as
vandalizing a home or store or spray painting graffiti upon a
warehouse. Right now, the system is overtaxed and overworked. There are
not enough probation officers, judges, or detention facilities, and
these early delinquent acts are not getting the kind of attention they
need to get.
In many cases, the law enforcement officers are not even taking those
vandals and misdemeanor juveniles before juvenile authorities, and when
they do go before a judge, they do not get any kind of punishment until
the 10th or 12th appearance. That is wrong. We need to put consequences
in the act. We need to repair that broken system. It is badly broken
right now.
For violent juvenile offenders, less than 10 percent of the violent
offenders serve a single day in any institutionalized form of
incarceration outside of the home. That is wrong, and that is what H.R.
3 is about repairing, as the primary thrust of that bill, not to treat
juveniles as adults or house them with adults or whatever so much the
language is about.
On the other hand, it needs to be complemented, that money, that $500
million a year in H.R. 3 for helping those juvenile justice systems to
be repaired in the States needs to be complemented by the prevention
programs that are here in this bill, to get at those youth primarily
before they get involved in the juvenile court, and those options that
are there for juvenile courts to prefer for prevention.
That is why this bill is so important. It provides that balance that
is so carefully crafted, as part of $4 billion for at-risk youth that
is available today in the Federal system. I urge the passage and
adoption of H.R. 1818, and I thank the gentleman from California [Mr.
Riggs] for yielding.
Mr. MARTINEZ. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan [Mr. Stupak].
Mr. STUPAK. Mr. Speaker, I thank the gentleman from California [Mr.
Martinez] for yielding me the time.
Let me compliment everyone who has worked so long and hard on this
bill to finally bring forth a juvenile justice bill which will focus on
prevention, early prevention, and early detention if necessary.
I rise in support of this legislation, and in my support of this
legislation I have a word of caution for the U.S. Congress, because I
believe this bill is really a day late and a dollar short. This bill is
a step in the right direction, although being a small juvenile step. It
is in the right direction because this bill will address early
prevention, early detection of juvenile crime.
Thus far in this Congress what we have seen with the Republican
majority was H.R. 3, which was passed in May 1997 over strong objection
on this side of the aisle, because what we did was put $1.5 billion
over 3 years to lock up everybody.
Now the Federal Government really has no role in locking up juveniles
when we only handle about 197 juveniles every year anyway. Where the
focus should be, and we know these statistics, one out of every five
juveniles are involved in serious juvenile crime, should be at the
local level, the local initiative to try to have early prevention and
early detention.
It is necessary that we have this type of bill. I wish we would have
had it earlier. I wish this bill had money placed in it instead of just
a sum certain, because it is necessary. The only way for people to feel
safe in their homes and their communities is to prevent crime in the
first place, prevent it before it occurs, prevent it before the
juvenile is caught up in a never-ending juvenile justice system, and
this bill will address that through early intervention.
So H.R. 1818 takes a step and one of the first steps in prevention
and early intervention, but it is only a step. When it comes to funding
it, it just says a sum certain. I am certain, after 12 years of working
the streets and highways of Michigan in law enforcement, that we will
never arrest our way out of juvenile crime. We must address it at the
early initiatives and give flexibility to local units of government for
local concerns and local needs and local issues.
Mr. RIGGS. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Connecticut [Mr. Shays].
Mr. SHAYS. Mr. Speaker, first let me thank the gentleman from
California [Mr. Riggs], the chairman, and the gentleman from California
[Mr. Martinez], the ranking member, as well as the gentleman from
Pennsylvania [Mr. Greenwood], the gentleman from Virginia [Mr. Scott],
and the gentleman from Pennsylvania [Mr. Goodling], the chairman of the
full Committee on Education and the Workforce. This is a bipartisan
effort, and it is a recognition that one of the most important things
we can do is to have preventive programs for our young people.
I serve a district with 10 communities. There are three major cities,
the cities of Stamford, Norwalk, and Bridgeport, where we have serious
juvenile crime problems. If you meet with the chiefs of police of any
of those three cities, they will tell you one basic thing: ``Give us
prevention programs for our kids.''
I attended a Memorial Day parade in Fairfield, CT, a suburban
community next to Bridgeport, CT. The parade route was lined with
people and lots of
[[Page H5208]]
kids. Then came the Indian Princesses, the Indian Guides, the Boy
Scouts, the Girl Scouts, the soccer team, the high school band, the
junior high school band. It went on for almost 2 hours.
{time} 1300
That kind of parade in the city of Bridgeport would have lasted about
10 minutes. I think that sometimes, those of us who live in the suburbs
take these extra curricular programs for granted. In the town of
Fairfield, the challenge for kids is what don't you do after school.
They have a tremendous overload of choices. But in the neighboring city
of Bridgeport, the question is what do you do. A kid in many of our
urban areas, when 2 o'clock is out, they are out, without adult
supervision, without the kind of programs we need. I am absolutely
convinced that preventative programs are the best way to combat crime.
The city of Bridgeport has a program in Longfellow School. On Saturdays
they bring kids in to do academic programs and to have some
recreational programs. All are adult supervised, with discipline and
rules. The kids hunger for this. They show up in droves. They want to
be in school on Saturdays. In addition to this kind of program, we
clearly need to make better use of our schools, before school and after
school, and that is what this legislation allows as well.
I thank the gentleman from California [Mr. Martinez] for what he has
done, I thank the gentleman from California [Mr. Riggs] for what he has
done. This is just the beginning. Such sums as are necessary. Now we
have to go to the Committee on Appropriations and make sure that the
real sums that are necessary are appropriated.
Mr. MARTINEZ. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from the Virgin Islands [Ms. Christian-Green].
Ms. CHRISTIAN-GREEN. I thank the gentleman from California [Mr.
Martinez] for yielding me this time to speak in support of H.R. 1818.
Just a few months ago, Mr. Speaker, this Congress missed an
opportunity to pass a bill that would have controlled and prevented
juvenile crime, and voted instead for a misguided, punitive one which
ignored input from experts and communities and which sought to employ
measures that have been proven not to work in preventing juvenile crime
and delinquency.
In H.R. 1818 we are given something rare today, another chance to do
the right thing. The bill I rise to support today, H.R. 1818,
incorporates key programs which we have been implored to implement by a
broad cross-section of America, prosecutors, corrections officers,
police, community organizations, public health officials, family
oriented groups, young people and, most poignantly and convincingly,
parents of murdered children.
H.R. 1818 contains funding for States and communities to support
prevention programs. It provides for research and technical assistance
to those communities. It understands and treats children as children
and protects them from incarceration with adults. It recognizes that
minorities are disproportionately incarcerated and in part funds States
based on their initiatives to address this inequity.
During debate on H.R. 3, our Republican colleagues said time and time
again that they would support this prevention bill when it came to the
floor.
Mr. Speaker, I am pleased to be here today to speak in support of
H.R. 1818, and I urge all of my colleagues, including those on the
other side of the aisle who said they would, to vote yes for this bill.
Mr. Speaker, it breaks my heart that this bill would come too late
for young people like Albert Nicholas and Rashawn Lewis from my
district. But if we pass H.R. 1818 today, it will not be too late for
millions of our other children who cry out for our help. The time is
now for us to reclaim our children and our neighborhoods rather than to
allow our future leaders to become victims of a system that has failed
them.
Mr. MARTINEZ. Mr. Speaker, I yield 1 minute to the gentleman from
North Carolina [Mr. Watt].
Mr. WATT of North Carolina. Mr. Speaker, as vigorously as I rose in
opposition to the juvenile crime bill, H.R. 3, do I rise in support of
this bill, which authorizes prevention programs that will prevent
juvenile crime rather than reacting after the fact when it is too late.
My colleagues should understand that this is just the first step.
This is an authorizing bill that has no money in it. So the challenge
going forward will be to make sure that moneys are devoted to fund the
programs in this bill instead of taking all of the money and putting it
in support of H.R. 3, the crime prevention bill, which would provide
more jails and more punitive sanctions against young people. If we do
not pay the price in advance to prevent crime, we can never build
enough prisons to accommodate it.
Mr. MARTINEZ. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas [Ms. Jackson-Lee].
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, may I commend the gentleman
from California [Mr. Riggs], the gentleman from California [Mr.
Martinez], and the gentleman from Virginia [Mr. Scott] for a
commendable job on recognizing that juvenile crime can be prevented and
can be reduced. The Rand study says in fact that early intervention
programs can prevent as many as 250 crimes per $1 million spent.
Therefore, I rise to support vigorously H.R. 1818, the Juvenile Crime
Control and Delinquency Prevention Act of 1997, which will help Texas.
Mr. Speaker, I would like to continue this discussion by entering
into a colloquy with the gentleman from California [Mr. Riggs]. I wish
to engage in this colloquy because I appreciate that this bill reaches
out to communities and States on the issue of juvenile crime
prevention. In particular, in Texas there is now a center devised for
the study and prevention of juvenile crime and delinquency at Prairie
View A&M University. This center will have an impact on Houston, the
surrounding community, and Texas. According to the center's key
objectives, they want to conduct and evaluate research, provide degree
programs, continuing education, training, and serve as an information
source, along with collaborating with communities, State agencies, and
private entities to implement programs and policies to target
prevention of juvenile crime.
I see this bill as a light at the end of the tunnel because its
provisions on juvenile delinquency and crime prevention, block grant
programs, research evaluation, technical assistance training, and
training in technical assistance are the kind of provisions that would
allow this center to apply for grants under this particular
legislation. That will move our communities closer to really solving
juvenile crime by early intervention and prevention.
Mr. RIGGS. Mr. Speaker, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from California.
Mr. RIGGS. I thank the gentlewoman for yielding and I appreciate her
bringing to our attention the good work that Prairie View A&M
University is doing. The gentlewoman is exactly right. What they are
proposing would fulfill some very important functions under this
legislation, such as conducting academic programs, conducting policy
research and developing and assisting with community outreach programs
focused on the prevention of juvenile violence, crime, drug use, and
gang-related activities. The gentlewoman is correct. We look forward to
working with her and with Prairie View A&M as this legislation is
implemented.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from
California [Mr. Riggs], the gentleman from California [Mr. Martinez],
and the gentleman from Virginia [Mr. Scott] for this innovative
legislation, and as a member of the House Judiciary Committee, chair of
the Congressional Children's Caucus, and a member of the Democratic
Caucus Juvenile Task Force, I believe this bill is the right direction
that should be taken for long-lasting solutions to the problem of
rising juvenile crime.
I commend Mr. Riggs, Mr. Martinez, and Mr. Scott for their
outstanding work.
Mr. Speaker, I rise today in support of H.R. 1818, the Juvenile Crime
Control and Delinquency Prevention Act of 1997. As Chair of the
Congressional Children's Caucus, I believe that promoting the solution
for preventing juvenile crime is the most valid approach. My
colleagues, reducing and preventing juvenile
[[Page H5209]]
crime is one of the most critical issues facing our Nation today. H.R.
1818, the Juvenile Crime Control and Delinquency Prevention Act of 1997
is important to helping us address the rising crime problem facing our
America's youth. It is a balanced bill which provides the States with
the tools they need to help troubled youth.
H.R. 1818 is a step in answering the need for effective prevention
programs to stop young people from engaging in delinquent activities in
the first place and to prevent those youths already in the juvenile
justice system from committing additional, more serious offenses. By
investing in strong prevention programs, we can help our young people
turn their lives around. The vast majority of at-risk and delinquent
youth, if provided early with care, support, appropriate discipline and
real opportunities, can grow up to be responsible citizens.
Earlier this year, the House considered and passed H.R. 3, directed
at increasing the penalties for juvenile crime. H.R. 1818 is the
critical companion to H.R. 3. It helps in providing a more balanced
approach to juvenile crime and provides the prevention component of a
comprehensive approach to addressing juvenile crime.
Across America, violent crime committed by and against juveniles is a
crisis that threatens the safety and security of communities and the
future of our children. In 1995, law enforcement agencies in the 50
States made approximately 2 million arrests of persons under age 18.
This is a 28-percent increase from the more than 1.5 million arrests
made in 1985. During this period, juvenile arrests for both violent and
nonviolent offenses increased significantly
Sanctions are only one part of the solution to this crisis. As one
parent who had just lost his 10-year old daughter to murder recently
stated, ``stopping crime by using more prisons is like trying to cure
death by using more cemeteries.''
Most public policy analysts argue that early prevention programs
offer the best hope to stem juvenile crime. They emphasize the
importance of better schools and more job training, recreation, and
mentoring programs. Such initiatives provide children with positive
role models and increase economic opportunities.
Dozens of crime prevention programs across the country have been held
up as successful models. An ongoing program in Orange County, CA--the 8
Percent Early Intervention Program--has proven remarkably successful in
reducing repeat offenses. The Orange County program calls for screening
delinquents to identify children likely to go on to more serious crime.
This is typically 8 percent of the children who pass through the
juvenile system. The program targets resources to those children--
including intensive delinquency supervision and such services as
mentoring and tutoring. Over the last few years in Orange County, this
program is credited with reducing repeat offenses by 50 percent--at
one-third the cost of incarceration.
In Dallas, police noted a 26-percent decrease in juvenile arrests due
to a Cooperative Gang Prevention Program that focuses on education,
counseling, recreation services, and job training to reduce crime. In
Fort Worth, TX after implementing a Gang Prevention and Intervention
Program city-wide gang related crimes declined 30 percent from the
previous year. In Yakima, WA, increases in youth violence led to the
creation of a Gang Intervention/Intervention Coalition to provide
positive opportunities for youth through community centers. In the
neighborhoods where the coalition is active, youth violence has
decreased by 80 percent in a 3 year period.
In fact, studies show that prevention not only works but is far more
cost-effective than incarceration in reducing the rates of juvenile
crime. A study by the Rand Corp., titled ``Diverting Children from a
Life of Crime, Measuring Costs and Benefits,'' is the most recent
comprehensive study done in this area. The Rand study determined that
early intervention programs can prevent as many as 250 crimes per $1
million spent. In contrast, the report said investing the same amount
in prisons would prevent only 60 crimes a year. In California, research
on delinquency programs in California indicated that $1.00 spent on
prevention programs resulting in savings of $1.40 to the juvenile
justice and law enforcement systems alone.
My colleagues, all the evidence highlights the fact that prevention
is effective in reducing and preventing juvenile crime. Juvenile crime
and violence can be reduced and prevented, but doing so will require a
long-term vigorous investment. H.R. 1818 is an excellent first
installment in that investment. I urge my colleagues to support this
very important legislation.
Mr. MARTINEZ. Mr. Speaker, I yield 1 minute to the gentleman from
Texas [Mr. Lampson].
Mr. LAMPSON. Mr. Speaker, I rise in strong support of H.R. 1818. I
bring the attention of this body to title 5 of the bill. The bill will
provide $5 million per year for the next 4 years for the National
Center for Missing and Exploited Children. The National Center has done
many things that I discovered after the loss of a child to a murder in
my district. The National Center uses pictures of missing children and
family members to create age progression likenesses to help locate
growing children who have been missing for years. It has an
international office to work with law enforcement overseas to locate
children taken to other nations. Their Internet site has a
comprehensive data base of missing children including pictures. That
site is hit over a half-million times a day.
Since its inception in 1984, the National Center has helped recover
over 35,000 missing children and reunited them with their families. The
stories of these recoveries are absolutely overwhelming. As chairman of
the Congressional Missing and Exploited Children's Caucus, I can assure
my colleagues that funding for the National Center is money well spent.
I thank the committee for its support and I ask my colleagues to please
support this bill.
Mr. MARTINEZ. Mr. Speaker, I yield the balance of my time to the
gentleman from Minnesota [Mr. Vento].
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Mr. Speaker, I thank the gentleman for yielding me this
time, and I rise in support of this legislation. I will place in the
Record an editorial that was in the local Minnesota papers concerning
the importance of prevention.
It is time to quit putting the problems on the conveyor belt and quit
reacting. I think this provides an opportunity for proactive focused
activities for the Boys and Girls Clubs for a myriad of different
programs. It is interesting to note that so many of our professionals
in law enforcement today, whether first prosecutors, whether police
officers, cops on the beat, are recognizing the importance of
prevention in terms of dealing with our escalating juvenile crime
problems.
Prevention works. Let's invest in kids--the extended school day and
year, the extracurricular activities, sports programs, summer jobs--and
keep them on the positive path and off the conveyor belt of juvenile
delinquency by enacting H.R. 1818.
[From the Star Tribune, July 15, 1997]
Juvenile Crime--Don't Wait for Kids To Stray
The bleeding hearts have been saying it for years: If you
want to curb crime, you can't just punish the guilty. You've
also got to invest in the innocent. But that proposition can
no longer be dismissed as liberal claptrap, and it's no
longer just a theory. The vast majority of America's police
chiefs believe that helping children get a good start in life
prevents crime, and hard evidence shows they're right.
This truth deserves mention now because Congress is on the
verge of ignoring it. Lawmakers in both chambers are pushing
juvenile-crime bills that would pour a torrent of money into
prisons, punishment and prosecution, and only a dribble into
crime prevention.
That unbalanced recipe may feed the public appetite for
retribution, but it won't be satisfying over the long haul. A
flood of research points to the folly of putting so many eggs
in the punishment basket. A Rand Corp. study released last
year, for instance, found that imprisonment is among the
lamest and least economical of crime-fighting strategies.
A new lobbying group called Fight Crime: Invest in Kids
insists that riding that lame horse amounts to being soft on
crime. Led by some of the nation's top police chiefs and
prosecutors--as well as crime survivors like Marc Klaas,
father of young murder victim Polly Klaas--the group is
pushing anticrime approaches proven to work well. The list
includes enrolling at-risk kids in Head Start, matching up
troubled parents with parenting coaches, assigning mentors to
delinquent teens, nudging damaged families into therapy and
luring restless latchkey kids into meaningful after-school
activities.
Practical souls that they are, you'd think lawmakers would
seize upon such tactics. No such luck. The House juvenile-
crime measure, passed in May, expressly forbids the use of
its funds for crime prevention. And though a similar bill now
spinning through the Senate Judiciary Committee would allow
some block-grant spending on prevention, it so far does
nothing to require such investment. The upshot, some
onlookers fear, could be a net reduction in federal dollars
spent on prevention--and a consequent upturn in youth crime.
Certainly Congress intends no such calamity. That is why
its members should take a lesson from the nation's leading
law-enforcers, who know a thing or two about fighting crime.
In a poll of police chiefs conducted
[[Page H5210]]
last year by Northeastern University's Center for Criminal
Justice Policy Research, nine of 10 favored investing more in
prevention programs.
No thoughtful person would dispute the need to lock up
violent lawbreakers. But only an ostrich would settle for a
juvenile-crime bill that serves that need alone. What is
missing from the congressional approach is balance. To fight
juvenile crime effectively, this country must focus not just
on its most dangerous young people, but also on its most
vulnerable.
Mr. RIGGS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I just want to point out again to my colleagues that not
only does this bill have bipartisan support in the House, it has the
support of numerous organizations interested in the prevention of
juvenile crime including the National District Attorneys Association,
the National Collaboration for Youth representing American Red Cross,
Big Brothers, Big Sisters, the Boys and Girls Club of America, Boy
Scouts, Girl Scouts, YMCA, YWCA of America, the National Association of
Homes and Services for Children, One-to-One, the National Mentoring
Partnership, and the National Network for Youth.
This is a bipartisan bill that also has the support of the
administration, as I indicated earlier. I urge my colleagues to support
this legislation. This is the important prevention component, the
missing piece, if you will, to our national effort to reduce juvenile
crime and help youth turn their lives around so they can go on to lead
a successful and prosperous adult life.
Mr. CLAY. Mr. Speaker, today, I rise to support H.R. 1818, the
Juvenile Crime Control and Delinquency Prevention Act of 1997. This
reauthorization bill is based on well-founded public policy. The bill
balances the needs of juveniles and society at large by promoting
quality prevention programs and programs that assist in holding
juveniles accountable for their actions.
Most importantly, the bill retains a fundamental tenet of the
juvenile justice system, namely that juvenile delinquents shall not be
jailed with adult criminals. Not surprisingly, research demonstrates
that juveniles jailed in adult prisons are more likely to commit
serious crimes after their release. In separating juveniles from adult
criminals, we not only save children from life-threatening
circumstances, we also reduce crime.
This reauthorization bill strengthens the mandate requiring States to
reduce the disproportionate number of minorities confined in jails and
other secure facilities. State are required to reduce minority
overrepresentation by addressing both the lack of prevention programs
in minority communities and by addressing racial bias within the
juvenile systems.
In addition, the bill provides that employees shall be treated in a
fair and equitable manner, and that there shall be no diminution of
employment rights, including the continuation of collective bargaining
rights. The American people deserve assurances that taxpayer funds will
not be used to undermine existing labor standards.
I would like to thank Chairman Riggs, ranking member Martinez, and
Representative Scott for their many hours of work toward producing this
truly balanced legislation. Given the choice between playing politics
and reducing crime, I am glad that my colleagues chose to reduce crime.
Mr. CASTLE. Mr. Speaker, I rise in support of H.R. 1818, the Juvenile
Crime Control and Delinquency Prevention Act.
This bipartisan legislation provides us with a balanced approach to
addressing juvenile crime, and endorses the concept of holding
juveniles accountable for their crimes while also providing for
prevention programs that can help young people turn their lives around.
This legislation is particularly important for States that have large
rural areas like Delaware.
Under current law, States are required to remove juveniles from
facilities which also house adult prisoners. While present law provides
a limited exception for rural areas, in some instances it requires
juveniles in rural areas to be transported great distances to
facilities far from their families.
Under this legislation, juveniles can be held for longer periods of
time if their parents and the court agree and the judge believes the
placement is in the best interest of the juvenile. Though this
provision will probably see limited use, it provides long-needed relief
for rural areas like those in my State.
This bill also contains a provision that I am particularly proud of.
H.R. 1818 incorporates a bill I sponsored to give the National Center
for Missing and Exploited Children funds to serve as the Nation's
primary resource center for child protection.
For more than 13 years, the National Center has been instrumental in
locating and recovering missing children and preventing child
abductions, molestations, and sexual exploitations.
The center has worked with clearinghouses in all 50 States in
locating over 35,000 children and preventing child abductions,
molestations, and sexual exploitations.
One of the National Center's success stories hit very close to my
home. Just last month it assisted local authorities in the recovery of
two missing Delawareans, who were located in Florida.
Mr. Speaker, by adequately funding the National Center for Missing
and Exploited Children, we can solidify our resources, hone our message
and assure every family and every law enforcement agency that we are
committeed to long-term child protection.
I urge my colleagues to support H.R. 1818.
Mr. BLUMENAUER. Mr. Speaker, H.R. 1818 provides States with needed
flexibility in addressing juvenile crime, and for that reason, it has
my support.
But this bill is, at best, a partial solution. In a country where
kids and guns are a deadly combination, any juvenile justice bill which
fails to deal with access to guns is seriously flawed.
Earlier this year, the House had a chance to pass meaningful
legislation that would have addressed this problem. By adding a simple
child safety lock provision to the juvenile crime bill, we would have
taken a significant step toward reducing access to guns and to
dramatically reducing the number of accidental gun deaths in this
country.
But that vote never happened, thanks to pressure on the Republican
leadership from the national gun lobby. And so a gun lock amendment,
supported by 80 percent of the American people, still has yet to be
directly voted upon by this House.
This is an astonishing failure for this House. Shootings are now the
fourth leading cause of accidental death of children, and for every
child killed, four more are wounded. This is a national tragedy, and
the House is doing nothing about it.
While the House continues to bury its head in the sand, a group of
concern citizens in my district is taking matters into their own hands.
Together, we've organized the Oregon Safe Handgun Storage Coalition,
composed of people and organizations concerned about this problem.
Partnering with a similar coalition in King County, WA, the Oregon
coalition is made up of a highly unusual mix of doctors, nurses, law
enforcement officials, sporting good stores, neighborhood associations,
gun safety advocates, and gun owner organizations. These organizations
may disagree on some issues relating to gun ownership, but they all
agree on these points: Guns and kids don't mix, and gun owners need to
child proof their homes by safely securing firearms.
The Oregon Safe Handgun Storage Coalition has the support of people
and organizations across the political spectrum who are willing to work
together in an attempt to reduce violence in our community. It is
uniting parties on both sides of the gun control issue, by stressing
one common concern--the safety of our children.
Mr. Speaker, hopefully this House will vote on a gun lock amendment
this year, but failing that, I encourage Members to start similar
coalitions in their districts. By working together, we can do more than
merely address the problem of juvenile crime, we can prevent it in the
first place.
Mr. PAUL. Mr. Speaker, juvenile crime is a problem that should
concern all Americans. As a doctor of obstetrics I have enjoyed the
privilege of bringing more than 3,000 new lives into the world, I know
there are few things more tragic than when a young person disregards
the rights of their fellow citizens and jeopardizes their own future by
engaging in criminal activity. Furthermore, as the number and severity
of crimes committed by juvenile offenders increase, juvenile crime
becomes a greater threat to the social order.
Therefore, no one can argue the need for action taken to discourage
juveniles from embarking on criminal careers. However, the voluntary
actions of private individuals, supported by local communities and
State governments, are much more capable of preventing juvenile crime
than the Federal Government. Individuals acting at the local level know
the needs of the youths in their community much better than Washington
bureaucrats, so they can best develop programs that effectively prevent
children from engaging in criminal activity.
Unfortunately, the Juvenile Crime Control and Delinquency Prevention
Act--H.R. 1818--furthers Congress' unconstitutional interference in
crime control and prevention by dictating the nature and shape of
juvenile crime programs for each of the 50 States. Therefore, Congress
should reject H.R. 1818 and instead repeal all mandates that interfere
with the States' sovereign right to conduct juvenile prevention
programs, and defund all Federal crime control and prevention programs,
in order to return money and, at the same time authority, for juvenile
crime prevention where it
[[Page H5211]]
constitutionally belongs: To the States or to the people.
H.R. 1818 provides States with--two Federal block grants for juvenile
crime, a formula--part B--grant and a prevention--part C grant. Some
proponents of the act claim that this bill is worthy of support as it
loosens the chains on State juvenile prevention programs imposed by
previous Congresses. However, any federally imposed mandate, no matter
how flexible, violates the 10th amendment to the U.S. Constitution.
The 10 amendment limits the Federal Government to those functions
explicitly enumerated in the Constitution. Other than in these few
areas, the States are sovereign. Therefore the Federal Government has
no authority to finance or manage State programs regarding social
problems such as juvenile crime.
Block grants may appear to allow for greater State autonomy than
programs directly controlled by Washington, but they still involve
Federal control and, more importantly, financing. Taxing the people of
Texas to pay for programs in New York or Montana is an insult to the
Constitution and the donor States.
Under the part B mandate, States must comply with four core Federal
mandates to receive Federal tax dollars. The Federal Government would
have the power to reduce a State's funding if a State failed to comply
with one of these mandates. When the Federal Government assumes the
power to reduce funding according to the State's level of compliance
with the Federal mandates, it transforms the relationship between the
States and the Federal Government from one of two sovereign entities
into one resembling that of a teacher scolding a disobedient pupil.
Furthermore, Federal mandates employ a one-size-fits-all model, which
ignores differences between individual States and between various areas
within a State. For example, there may be areas that will incur
tremendous costs in removing a juvenile from an adult facility within
48 hours. Complying with this Federal mandate may thus divert an area's
resources from other projects that may better serve the needs of that
particular jurisdiction's youth.
H.R. 1818 also lists permissible uses for which the States may expend
their federally provided funds. One of these permissible uses of
Federal funds is for programs aimed at preventing hate crimes by
juveniles. Preventing crimes based on prejudice is certainly a worthy
goal, however, by punishing certain crimes more harshly than others
because of this motivation, the government is, in effect, punishing
people for holding certain views. Punishment for one's thoughts, as
distinct from one's actions, is in conflict with the constitutional
guarantees against government restrictions on freedom of speech and
thought. Federal tax money certainly should not be spent to encourage
localities to disregard the first amendment in the name of crime
control.
H.R. 1818 also encourages States to create a system of records for
juvenile criminals similar to that kept by each State on adult
criminals, including the transmission of those records to the FBI.
Given the recent controversy over the misuse of FBI files, all citizens
should be wary of expanding the records kept on private citizens by the
FBI, particularly given the conspicuous lack of language in the bill
guarantying that someone who committed a crime as a juvenile but
reformed oneself to become a respected member of the community will not
be haunted by his past because some vengeful person acquired his FBI
file.
H.R. 1818 also provides States with a second block grant, not
contingent upon compliance with the four Federal mandates. Under this
block grant, States distribute their funds to local governments and
private organizations to run prevention programs. While States do not
have to comply with any specific Federal mandates to receive these
funds, they do have to submit a plan to the Federal Government for
approval.
States may distribute funds only to those local governments that have
taken the time and effort to prepare a comprehensive plan for combating
juvenile crime. Organizations with prevention programs that wish to
receive Federal funding must submit a plan to their local unit of
government. Organizations must meet the goals of the local plan and
include the goals of the program, the means of measuring their goals,
and any research relied upon in developing their application. Before
they can begin serving children, after the local government approves
the plan, it must be submitted to the State government for approval. If
the State government approves the plan, the operations may begin.
Surely, States, communities, and local citizens could design a less
bureaucratic system to help get funds to worthy programs serving
juveniles than the system outlined in this bill.
Among the organizations that may apply for funding under H.R. 1818
are faith-based organizations. I have little doubt that instilling a
child with a deep and abounding faith is, second to a loving family,
the best way to ensure that child refrains from criminal activities.
However, allowing faith-based organizations access to Federal taxpayer
dollars may change those organizations into lobbyists who will
compromise their core beliefs rather than risk alienating Members of
Congress and thus losing their Federal funds. Thus, allowing faith-
based organizations to receive Federal funds may undermine both future
attempts to reduce the Federal role in juvenile crime and undermine
America's tradition of nonestablishment of religion.
The drafters of the Bill of Rights knew quite well that it would be
impossible for a central government to successfully manage juvenile
prevention programs for as large and diverse a country as America. The
founders also understood that Federal involvement in crime prevention
and control would lead to a loss of precious liberty.
The current system of sending money to Washington, only to return it,
in part, to the States, local communities, and individual citizens,
serves only to drain resources away from those best able to create and
manage effective juvenile crime programs; people at the local level who
know best the needs of the children in that area.
Forcing States to comply with Federal mandates and forcing local
providers to comply with Federal paperwork requirements is a further
waste of valuable resources that could be used to directly benefit the
area's youth.
Mr. Speaker, H.R. 1818 insults the constitutional sovereignty of the
individual State, and continues Federal involvement in crime prevention
and control. Therefore, all Representatives who support the Federal
system as specified in the original Constitution should oppose the
Juvenile Crime Control and Delinquency Prevention Act.
Mr. KUCINICH. Mr. Speaker, I rise today in strong support of the
Juvenile Crime Control and Deliquency Act of 1997, a bill that
comprehensively addresses the rise in youth-related violence.
I am pleased to join the chairman of the subcommittee, Mr. Riggs of
California, as an original cosponsor of this measure. The result of
bipartisan efforts, H.R. 1818 is a balanced bill that combines firm
efforts to hold youths accountable for theie actions, while promoting
measures that work toward the prevention of juvenile delinquency. The
combination of accountability measures and promising new prevention
programs is, in my view, the proper approach to take.
As juvenile crime has increased throughout communities across the
Nation, including some of the communities in my congressional district,
it is the emphasis on prevention that will truly reduce the number of
youths who commit acts of violence. In this way, H.R. 1818 puts forth
measures that genuinely address the social and economic root causes of
youth crime.
H.R. 1818 assists State and local governments by providing them with
the resources and the flexibility to effectively face the challenge of
youth crime through the development of programs for runaway and
homeless youth, as well as programs for the recovery of missing and
exploited children.
However, while it is important to intervene in the lives of at-risk
youth before they become involved with the criminal justice system, it
is also essential to address the needs of those juveniles already in
the system.
Mr. Speaker, this bill places the responsibility for developing
intervention programs on local communities. The potential for
innovatible community based programs for rehabilitation of youth, as
provided by this bill, is critical to the prevention and control of
juvenile crime. These programs include treatment for victims of child
abuse, mentoring services, youth clubs, recreation, peer counseling and
teaching, educational programs, as well as job training and employment,
in addition to numerous other anticrime related services.
Intervention programs for at-risk youth have been proven in several
studies to be cost-effective in reducing crime rates. They clearly
reduce crime and save taxpayers' money.
That, Mr. Speaker, should be the bottom line for this reauthorization
legislation; reduce crime and save taxpayers' money.
Mr. MINGE. Mr. Speaker, I rise today with regard to H.R. 1818, the
Juvenile Crime Control and Delinquency Prevention Act of 1997. Recently
I was contacted by local officials from Lyon County, MN, who wish to
build a juvenile detention center with four beds. Lyon County is a
rural community in my district that is populated by approximately
25,211 people in 708 square miles with the closest metropolitan area,
Minneapolis and St. Paul, located about 150 miles away.
It is economically infeasible for Lyon County to build a juvenile
detention center unless staff can be shared and the juvenile detention
center can be co-located with the jail. Under current law, the sharing
of staff between these two types of institutions is prohibited. The
county officials have been frustrated by this law, because it is
inefficient and costly for the county to hire individuals to deal
solely with juvenile offenders, as the county rarely needs to house
more than two juvenile as a time.
[[Page H5212]]
Transporting juveniles to beds in other areas has also proven
inefficient. It is estimated that Lyon County will spend about $50,000
in programming and transport costs to send minors to other detention
centers in Minnesota next year. Lyon County sheriff deputies are known
to spend up to 8 hours a day transporting juveniles from their proper
facilities to court appearances, as these facilities can be as far as
188 miles away. Costs accumulate with overtime and mileage for the
deputy who is unable to provide law enforcement while on the road. The
juvenile in transport spends time in transport that could be spent in
treatment.
I am pleased that H.R. 1818, the Juvenile Crime Control and
Delinquency Prevention Act of 1997, establishes greater flexibility for
States in dealing with juvenile crime. H.R. 1818 gives the State
authority from the Federal level to permit a co-located jail and
juvenile detention center to share staff if the personnel have been
trained to deal with both adults and juveniles by a legitimate State
program and parental consent and court approval have been given. I
believe this legislation provides the flexibility needed to help
America's rural communities address juvenile crime appropriately.
Mr. DAVIS of Florida. Mr. Speaker, I rise in strong support of H.R.
1818, the Juvenile Crime Control and Delinquency Prevention Act. This
bill will give States the flexibility and resources they need to best
address the problem of juvenile crime.
Earlier this year, we passed a bill intended to strengthen the
penalties for those juveniles who have committed crimes. I supported
that legislation because I believe the rising rate of serious crimes
committed by juveniles warrants tougher penalties and strengthened
prosecution and some States, such as Florida, have already demonstrated
success in expediting the prosecution of juvenile criminals. That bill,
however, only addressed those juveniles who have already committed
crimes. This bill aims to prevent youth from entering the justice
system in the first place.
H.R. 1818 recognizes that the solutions to the problem of juvenile
crime are best designed at the State and local level. The role of the
Federal Government should be to provide communities with the
information, flexibility, and resources they need to craft
comprehensive prevention plans which include education, mentoring,
work, boot camps, or other programs which would best address particular
community's needs. In my conversations at home with police officers and
not for profits, I hear over and over again that the Federal Government
shouldn't micromanage this issue, we should work in concert with State
and local governments, providing them the resources and flexibility
they need to continue their efforts.
This bill will do exactly that and as a cosponsor, I urge all of my
colleagues to support H.R. 1818.
Mr. ABERCROMBIE. Mr. Speaker, today I rise in strong support of H.R.
1818, the Juvenile Crime Control and Delinquency Prevention Act of
1997. Earlier this year, the House considered and passed H.R. 3, the
Juvenile Crime Control Act of 1997, which is directed at increasing the
Federal penalties for violent juvenile crime. H.R. 1818 provides a
complement to H.R. 3. It provides the prevention component of a
comprehensive approach to addressing juvenile crime. This bill proves
that both sides can work together and craft a balanced approach to
juvenile crime. I am proud to be a cosponsor of it.
H.R. 1818 makes a number of changes to current law to increase the
flexibility of States to treat status offenders in the most appropriate
manner. For example, it retains the four core requirements of the
Juvenile Justice and Delinquency Prevention Act of 1974 and slightly
modifies three of them. The core requirement mandating States to reduce
the disproportionate number of minorities confined in secure facilities
was strengthened and clarified. H.R. 1818 requires States to reduce
disproportionate minority confinement by addressing both delinquency
prevention efforts and system improvement efforts. However, it
prohibits the establishment of numerical standards or quotas. The
measure tries to ensure that prevention efforts are targeted to
communities where a disproportionate number of minorities are committed
to the juvenile justice system. H.R. 1818 also altered the sight and
sound separation requirement to prohibit regular contact, but allow for
supervised, incidental contact such as passing in a hallway. This does
not mean that Congress is reducing its focus on this important core
requirement.
Last, the core requirement that prohibits the housing of juveniles in
adult facilities was modified to build additional flexibility into the
law by extending the period of time for which juveniles can be held in
a facility with adults, prior to an initial court appearance, to 48
hours, excluding weekends and holidays. States must still enforce the
sight and sound separation requirement. In addition, it allows
juveniles to be held for longer periods of time in facilities with
adults in rural areas as long as there is no existing acceptable
alternative placement, the parent or legal guardian of the juvenile
involved consents, and it is approved in advance by the court. Such
placement is, however, required to be reviewed periodically, at
intervals of not more than 5 days for the duration of the detention or
confinement to ensure it is the appropriate placement for such youth.
Also, courts are urged to use this exception carefully.
Compliance with the four core requirements is still Congress' goal.
H.R. 1818 tries to make it easier for States to comply with the core
requirements by allowing States to receive 50 percent of the formula
money and the other 50 percent depending on their compliance with the
four requirements. Under current law, if a State is not in compliance
with the four requirements, then it loses all of the formula money.
In addition, H.R. 1818 consolidates current discretionary programs
into a flexible block grant program entitled the Juvenile Delinquency
Prevention Block Grant Program. In order for a State to receive any
money under the prevention block grant, States must participate in the
formula grant program and agree to use 95 percent of the funds they
receive to fund local projects. H.R. 1818 also requires States to
develop a plan to reduce and prevent juvenile crime with the assistance
of community-based organizations and organizations in the local
juvenile justice system which carry out programs, projects, or
activities to prevent juvenile delinquency.
The block grants will be allocated in the following manner: 50
percent on the basis of how many people in the State are under the age
of 18, and the other 50 percent on the annual average number of arrests
for serious crimes committed in the eligible State by juveniles. The
prevention block grant will help juvenile justice officials in Hawaii
and in other States fund prevention programs, substance abuse programs,
support programs for children who have little or no family life, and
programs that would give State court judges an alternative program to
deal with certain juvenile offenders instead of sending them to
correctional facilities.
Everyone here knows that the nature of juvenile crime has changed
drastically over the years. We have only to look through the paper to
see younger people committing more violent crimes. Today's youths need
to understand that they will be punished accordingly for crimes
committed. However, that is only half of the battle. It is our duty to
reach to our children, to get them involved in their communities, and
to prevent them from taking part in dangerous activities in the first
place. H.R. 1818 is an important component in our fight to meet this
new challenge. It will help States prevent, reduce, and control
juvenile crime. I urge my colleagues to support H.R. 1818.
Mr. BENTSEN. Mr. Speaker, I rise in strong support of H.R. 1818, the
Juvenile Crime Control and Delinquency Prevention Act. Juvenile crime
is one of the most serious problems facing our communities, especially
law enforcement officers. No population poses a larger challenge to
public safety than juvenile criminals. Between 1965 and 1993, the
number of 12-year-olds arrested for violent crimes rose 211 percent,
the number of 13- and 14-year-olds rose 301 percent, and the number of
15-year-olds rose 297 percent.
This dramatic increase has put a severe strain on our States'
juvenile crime system because the overwhelming majority of juvenile
offenses are handled by State, not Federal authorities. Very few
juveniles who commit crimes wind up in the Federal courts. This
legislation is a good step toward empowering States with more tools to
fight this growing problem, while also ensuring that we do not give up
on young offenders by exposing them to hardened adult convicts.
H.R. 1818 would consolidate the various Department of Justice
juvenile programs into one State block grant program. Texas and other
States would have the ability and flexibility to target at-risk youth
to deter them from entering a life of violence and crime. I believe
this is the right approach to addressing the very difficult problem of
juvenile crime. There is no single answer to this problem, and we must
provide States with both the resources and the flexibility to develop
their own approaches so that we can test various strategies and
determine what works best. Harris County, TX, for example, is using a
$1.4 million Federal grant to expand a boot camp program designed to
reform at-risk, nonviolent juvenile offenders in the Houston area and
free up prison and jail space for the most violent criminals. Such boot
camps have proven to be successful and cost-effective alternatives to
reduce criminal behavior and get young people back on the right track.
This legislation will strengthen the Federal Government's role as a
partner in these innovative State and local efforts to fight crime and
help high-risk youth. It will give States and localities necessary
assistance with a range of programs, including prevention and effective
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punishment and rehabilitation targeted to getting young people back on
track to productive lives.
Again, I rise in strong support of this bill and I urge my colleagues
to support this valuable piece of crime legislation.
The SPEAKER pro tempore (Mr. Calvert). The question is on the motion
offered by the gentleman from California [Mr. Riggs] that the House
suspend the rules and pass the bill, H.R. 1818, as amended.
The question was taken.
Mr. RIGGS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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