[Congressional Record Volume 147, Number 123 (Thursday, September 20, 2001)]
[House]
[Pages H5750-H5764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 2001
Mr. GREENWOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1900) to amend the Juvenile Justice and Delinquency
Prevention Act of 1974 to provide quality prevention programs and
accountability programs relating to juvenile delinquency; and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1900
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Juvenile
Justice and Delinquency Prevention Act of 2001''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Concentration of Federal effort.
Sec. 6. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 7. Annual report.
Sec. 8. Allocation.
Sec. 9. State plans.
Sec. 10. Juvenile delinquency prevention block grant program.
Sec. 11. Research; evaluation; technical assistance; training.
Sec. 12. Demonstration projects.
Sec. 13. Authorization of appropriations.
Sec. 14. Administrative authority.
Sec. 15. Use of funds.
Sec. 16. Limitation on use of funds.
Sec. 17. Rules of construction.
Sec. 18. Leasing surplus Federal property.
Sec. 19. Issuance of rules.
Sec. 20. Content of materials.
Sec. 21. Technical and conforming amendments.
Sec. 22. Effective date; application of amendments.
SEC. 2. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as
follows:
``findings
``Sec. 101. (a) The Congress finds the following:
``(1) Although the juvenile violent crime arrest rate in
1999 was the lowest in the decade, there remains a consensus
that the number of crimes and the rate of offending by
juveniles nationwide is still too high.
``(2) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave school for
a life of crime and of drug abuse costs society $1,700,000 to
$2,300,000 annually.
``(3) One in every 6 individuals (16.2 percent) arrested
for committing violent crime in 1999 was less than 18 years
of age. In 1999, juveniles accounted for 9 percent of murder
arrests, 17 percent of forcible rape arrests, 25 percent of
robbery arrest, 14 percent of aggravated assault arrests, and
24 percent of weapons arrests.
``(4) More than \1/2\ of juvenile murder victims are killed
with firearms. Of the nearly 1,800 murder victims less than
18 years of age, 17 percent of the victims less than 13 years
of age were murdered with a firearm, and 81 percent of the
victims 13 years of age or older were killed with a firearm.
``(5) Juveniles accounted for 13 percent of all drug abuse
violation arrests in 1999. Between 1990 and 1999, juvenile
arrests for drug abuse violations rose 132 percent.
``(6) Over the last 3 decades, youth gang problems have
increased nationwide. In the 1970's, 19 States reported youth
gang problems. By the late 1990's, all 50 States and the
District of Columbia reported gang problems. For the same
period, the number of cities reporting youth gang problems
grew 843 percent, and the number of counties reporting gang
problems increased more than 1,000 percent.
``(7) According to a national crime survey of individuals
12 years of age or older during 1999, those 12 to 19 years
old are victims of violent crime at higher rates than
individuals in all other age groups. Only 30.8 percent of
these violent victimizations were reported by youth to police
in 1999.
``(8) One-fifth of juveniles 16 years of age who had been
arrested were first arrested before attaining 12 years of
age. Juveniles who are known to the juvenile justice system
before attaining 13 years of age are responsible for a
disproportionate share of serious crimes and violence.
``(9) The increase in the arrest rates for girls and young
juvenile offenders has changed the composition of violent
offenders entering the juvenile justice system.
[[Page H5751]]
``(10) These problems should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families, local public
agencies, and community-based organizations, and take into
consideration such factors as whether or not juveniles have
been the victims of family violence (including child abuse
and neglect); and
``(ii) are designed to reduce risks and develop
competencies in at-risk juveniles that will prevent, and
reduce the rate of, violent delinquent behavior; and
``(B) programs that assist in holding juveniles accountable
for their actions and in developing the competencies
necessary to become responsible and productive members of
their communities, including a system of graduated sanctions
to respond to each delinquent act, requiring juveniles to
make restitution, or perform community service, for the
damage caused by their delinquent acts, and methods for
increasing victim satisfaction with respect to the penalties
imposed on juveniles for their acts.
``(11) Coordinated juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter can help prevent juveniles from becoming delinquent
and help delinquent youth return to a productive life.
``(b) Congress must act now to reform this program by
focusing on juvenile delinquency prevention programs, as well
as programs that hold juveniles accountable for their acts
and which provide opportunities for competency development.
Without true reform, the juvenile justice system will not be
able to overcome the challenges it will face in the coming
years when the number of juveniles is expected to increase by
18 percent between 2000 and 2030.''.
SEC. 3. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as
follows:
``purposes
``Sec. 102. The purposes of this title and title II are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of
juvenile delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile
delinquency.''.
SEC. 4. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (3) by striking ``to help prevent juvenile
delinquency'' and inserting ``designed to reduce known risk
factors for juvenile delinquent behavior, provides activities
that build on protective factors for, and develop
competencies in, juveniles to prevent, and reduce the rate
of, delinquent juvenile behavior'',
(2) in paragraph (4) by inserting ``title I of'' before
``the Omnibus'' each place it appears,
(3) in paragraph (7) by striking ``the Trust Territory of
the Pacific Islands,'',
(4) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(5) in paragraph (13)(B) by striking ``, any
nonoffender,'',
(6) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(7) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the end, and
(B) by striking subparagraph (C),
(8) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and
(B) by striking ``and'' at the end,
(9) in paragraph (23) by striking the period at the end and
inserting a semicolon, and
(10) by adding at the end the following:
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions
(including incentives, treatment, and services) applicable to
juveniles within the juvenile justice system to hold such
juveniles accountable for their actions and to protect
communities from the effects of juvenile delinquency by
providing appropriate sanctions for every act for which a
juvenile is adjudicated delinquent, by inducing their law-
abiding behavior, and by preventing their subsequent
involvement with the juvenile justice system;
``(25) the term `prohibited physical contact' means--
``(i) any physical contact between a juvenile and an adult
inmate; and
``(ii) proximity that provides an opportunity for physical
contact between a juvenile and an adult inmate;
``(26) the term `sustained oral and visual contact' means
the imparting or interchange of speech by or between an adult
inmate and a juvenile, or clear visual contact between an
adult inmate and a juvenile in close proximity, but does not
include--
``(A) brief communication or brief visual contact that is
accidental or incidental; or
``(B) sounds or noises that cannot reasonably be considered
to be speech;
``(27) the term `adult inmate' means an individual who--
``(A) has reached the age of full criminal responsibility
under applicable State law; and
``(B) has been arrested and is in custody for or awaiting
trial on a criminal charge, or is convicted of a criminal
offense;
``(28) the term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible rape,
or robbery, or
``(B) aggravated assault committed with the use of a
firearm;
``(29) the term `collocated facilities' means facilities
that are located in the same building, or are part of a
related complex of buildings located on the same grounds; and
``(30) the term `related complex of buildings' means 2 or
more buildings that share--
``(A) physical features, such as walls and fences, or
services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable under
section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of
Federal Regulations, as in effect on December 10, 1996.''.
SEC. 5. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (b)--
(A) in paragraph (3) by striking ``and of the prospective''
and all that follows through ``administered'',
(B) in paragraph (5) by striking ``parts C and D'' each
place it appears and inserting ``parts D and E'', and
(C) by amending paragraph (7) to read as follows:
``(7) not later than 1 year after the date of the enactment
of this paragraph, issue model standards for providing mental
health care to incarcerated juveniles.'',
(2) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and inserting ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(3) by striking subsection (i), and
(4) by redesignating subsection (h) as subsection (f).
SEC. 6. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206(c)(2)(B) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B))
is amended by striking ``Education and Labor'' and inserting
``Education and the Workforce''.
SEC. 7. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended by
striking paragraphs (4) and (5), and inserting the following:
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by
juveniles.''.
SEC. 8. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(other than parts D and E)'',
(II) by striking ``amount, up to $400,000,'' and inserting
``amount up to $400,000'',
(III) by striking ``1992'' the 1st place it appears and
inserting ``2000,'',
(IV) by striking ``1992'' the last place it appears and
inserting ``2000'',
(V) by striking ``the Trust Territory of the Pacific
Islands,'', and
(VI) by striking ``amount, up to $100,000,'' and inserting
``amount up to $100,000'',
(ii) in subparagraph (B)--
(I) by striking ``(other than part D)'',
(II) by striking ``$400,000'' and inserting ``$600,000'',
(III) by striking ``or such greater amount, up to
$600,000'' and all that follows through ``section 299(a) (1)
and (3)'',
(IV) by striking ``the Trust Territory of the Pacific
Islands,'',
(V) by striking ``amount, up to $100,000,'' and inserting
``amount up to $100,000'', and
(VI) by striking ``1992'' and inserting ``2000,'',
(B) in paragraph (3)--
(i) by striking ``allot'' and inserting ``allocate'', and
(ii) by striking ``1992'' each place it appears and
inserting ``2000'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 9. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the 2d sentence by striking ``and challenge'' and
all that follows through ``part E'', and inserting ``,
projects, and activities'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting ``that--'',
(ii) in subparagraph (A)--
(I) by striking ``not less'' and all that follows through
``33'', and inserting ``the attorney general of the State or
such other State official who has primary responsibility for
overseeing the enforcement of State criminal laws, and'',
(II) by inserting ``, in consultation with the attorney
general of the State or such other State official who has
primary responsibility for overseeing the enforcement of
State criminal laws'' after ``State'',
[[Page H5752]]
(III) in clause (i) by striking ``or the administration of
juvenile justice'' and inserting ``, the administration of
juvenile justice, or the reduction of juvenile delinquency'',
(IV) in clause (ii) by striking ``include--'' and all that
follows through the semicolon at the end of subclause (VIII),
and inserting the following:
``represent a multidisciplinary approach to addressing
juvenile delinquency and may include--
``(I) individuals who represent units of general local
government, law enforcement and juvenile justice agencies,
public agencies concerned with the prevention and treatment
of juvenile delinquency and with the adjudication of
juveniles, juveniles, or nonprofit private organizations,
particularly such organizations that serve juveniles; and
``(II) such other individuals as the chief executive
officer considers to be appropriate; and'', and
(V) by striking clauses (iv) and (v),
(iii) in subparagraph (D)--
(I) in clause (i) by inserting ``and'' at the end,
(II) in clause (ii) by striking ``paragraphs'' and all that
follows through ``part E'', and inserting ``paragraphs (11),
(12), and (13)'', and
(III) by striking clause (iii), and
(iv) in subparagraph (E) by striking ``title--'' and all
that follows through ``(ii)'' and inserting ``title,'',
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A) by striking
``, other than'' and inserting ``reduced by the percentage
(if any) specified by the State under the authority of
paragraph (25) and excluding'', and
(ii) in subparagraph (C) by striking ``paragraphs (12)(A),
(13), and (14)'' and inserting ``paragraphs (11), (12), and
(13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in rural
areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all that follows through
``relevant jurisdiction'', and inserting ``for an analysis of
juvenile delinquency problems in, and the juvenile
delinquency control and delinquency prevention needs
(including educational needs) of, the State'', and
(II) by striking ``of the jurisdiction; (ii)'' and all that
follows through the semicolon at the end, and inserting ``of
the State; and'',
(ii) by amending subparagraph (B) to read as follows:
``(B) contain--
``(i) a plan for providing needed gender-specific services
for the prevention and treatment of juvenile delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in rural
areas; and
``(iii) a plan for providing needed mental health services
to juveniles in the juvenile justice system, including
information on how such plan is being implemented and how
such services will be targeted to those juveniles in such
system who are in greatest need of such services;'', and
(iii) by striking subparagraphs (C) and (D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated
by public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;'',
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``, specifically'' and inserting
``including'',
(II) by striking clause (i), and
(III) redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively,
(ii) by amending subparagraph (D) to read as follows:
``(D) programs that provide treatment to juvenile offenders
who are victims of child abuse or neglect, and to their
families, in order to reduce the likelihood that such
juvenile offenders will commit subsequent violations of
law;'',
(iii) in subparagraph (E)--
(I) by redesignating clause (ii) as clause (iii), and
(II) by striking ``juveniles, provided'' and all that
follows through ``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations;
``(ii) to provide services to assist juveniles in making
the transition to the world of work and self-sufficiency;
and'',
(iv) by amending subparagraph (F) to read as follows:
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(ii) to ensure that juveniles follow the terms of their
probation;'',
(v) by amending subparagraph (G) to read as follows:
``(G) one-on-one mentoring programs that are designed to
link at-risk juveniles and juvenile offenders, particularly
juveniles residing in high-crime areas and juveniles
experiencing educational failure, with responsible adults
(such as law enforcement officers, Department of Defense
personnel, adults working with local businesses, and adults
working with community-based organizations and agencies) who
are properly screened and trained;'',
(vii) in subparagraph (H) by striking ``handicapped youth''
and inserting ``juveniles with disabilities'',
(viii) by striking subparagraph (K),
(ix) in subparagraph (L)--
(I) in clause (iv) by adding ``and'' at the end,
(II) in clause (v) by striking ``and'' at the end, and
(III) by striking clause (vi),
(x) in subparagraph (M) by striking ``boot camps'',
(xi) by amending subparagraph (N) to read as follows:
``(N) community-based programs and services to work with
juveniles, their parents, and other family members during and
after incarceration in order to strengthen families so that
such juveniles may be retained in their homes;'',
(xii) in subparagraph (O)--
(I) in striking ``cultural'' and inserting ``other'', and
(II) by striking the period at the end and inserting a
semicolon,
(xiii) by redesignating subparagraphs (L), (M), (N), and
(O) as subparagraphs (K), (L), (M), and (N), respectively;
and
(xiv) by adding at the end the following:
``(O) programs designed to prevent and to reduce hate
crimes committed by juveniles;
``(P) after-school programs that provide at-risk juveniles
and juveniles in the juvenile justice system with a range of
age-appropriate activities, including tutoring, mentoring,
and other educational and enrichment activities;
``(Q) community-based programs that provide follow-up post-
placement services to adjudicated juveniles, to promote
successful reintegration into the community;
``(R) projects designed to develop and implement programs
to protect the rights of juveniles affected by the juvenile
justice system; and
``(S) programs designed to provide mental health services
for incarcerated juveniles suspected to be in need of such
services, including assessment, development of individualized
treatment plans, and discharge plans.'',
(I) by amending paragraph (12) to read as follows:
``(12) shall, in accordance with rules issued by the
Administrator, provide that--
``(A) juveniles who are charged with or who have committed
an offense that would not be criminal if committed by an
adult, excluding--
``(i) juveniles who are charged with or who have committed
a violation of section 922(x)(2) of title 18, United States
Code, or of a similar State law;
``(ii) juveniles who are charged with or who have committed
a violation of a valid court order; and
``(iii) juveniles who are held in accordance with the
Interstate Compact on Juveniles as enacted by the State;
shall not be placed in secure detention facilities or secure
correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense; and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent, neglected, or abused;
shall not be placed in secure detention facilities or secure
correctional facilities;'',
(J) by amending paragraph (13) to read as follows:
``(13) provide that--
``(A) juveniles alleged to be or found to be delinquent or
juveniles within the purview of paragraph (11) will not be
detained or confined in any institution in which they have
prohibited physical contact or sustained oral and visual
contact with adult inmates; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adult inmates, including in collocated facilities, have
been trained and certified to work with juveniles;'',
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus offenses and
who are detained in such jail or lockup for a period not to
exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a juvenile facility; or
``(iii) in which period such juveniles make a court
appearance;
and only if such juveniles do not have prohibited physical
contact or sustained oral and visual contact with adults
inmates and only if there is in effect in the State a policy
that requires individuals who work with both such juveniles
and adult inmates in collocated facilities have been trained
and certified to work with juveniles;
``(B) juveniles who are accused of nonstatus offenses, who
are awaiting an initial court appearance that will occur
within 48 hours after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and who are detained
in a jail or lockup--
``(i) in which--
[[Page H5753]]
``(I) such juveniles do not have prohibited physical
contact or sustained oral and visual contact with adults
inmates; and
``(II) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
adults inmates in collocated facilities have been trained and
certified to work with juveniles; and
``(ii) that--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget) and has
no existing acceptable alternative placement available;
``(II) is located where conditions of distance to be
traveled or the lack of highway, road, or transportation do
not allow for court appearances within 48 hours (excluding
Saturdays, Sundays, and legal holidays) so that a brief (not
to exceed an additional 48 hours) delay is excusable; or
``(III) is located where conditions of safety exist (such
as severe adverse, life-threatening weather conditions that
do not allow for reasonably safe travel), in which case the
time for an appearance may be delayed until 24 hours after
the time that such conditions allow for reasonable safe
travel;
``(C) juveniles who are accused of nonstatus offenses and
who are detained not to exceed 20 days in a jail or lockup
that satisfies the requirements of subparagraph (B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget); and
``(II) has no existing acceptable alternative placement
available;
``(ii) a parent or other legal guardian (or guardian ad
litem) of the juvenile involved, in consultation with the
counsel representing the juvenile, consents to detaining such
juvenile in accordance with this subparagraph and has the
right to revoke such consent at any time;
``(iii) the juvenile has counsel, and the counsel
representing such juvenile--
``(I) consults with the parents of the juvenile to
determine the appropriate placement of the juvenile; and
``(II) has an opportunity to present the juvenile's
position regarding the detention involved to the court before
the court approves such detention;
``(iv) the court hears from the juvenile before court
approval of such placement; and
``(v) detaining such juvenile in accordance with this
subparagraph is--
``(I) approved in advance by a court with competent
jurisdiction that has determined that such placement is in
the best interest of such juvenile; and
``(II) required to be reviewed periodically and in the
presence of the juvenile, at intervals of not more than 5
days (excluding Saturdays, Sundays, and legal holidays), by
such court for the duration of detention;'',
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A), paragraph (13), and
paragraph (14)'' and inserting ``paragraphs (11), (12), and
(13)'', and
(ii) by striking ``paragraph (12)(A) and paragraph (13)''
and inserting ``paragraphs (11) and (12)'',
(M) in paragraph (16) by striking ``mentally, emotionally,
or physically handicapping conditions'' and inserting
``disability'',
(N) by amending paragraph (19) to read as follows:
``(19) provide assurances that--
``(A) any assistance provided under this Act will not cause
the displacement (including a partial displacement, such as a
reduction in the hours of nonovertime work, wages, or
employment benefits) of any currently employed employee;
``(B) activities assisted under this Act will not impair an
existing collective bargaining relationship, contract for
services, or collective bargaining agreement; and
``(C) no such activity that would be inconsistent with the
terms of a collective bargaining agreement shall be
undertaken without the written concurrence of the labor
organization involved;'',
(O) by amending paragraph (22) to read as follows:
``(22) provide that the State agency designated under
paragraph (1) will--
``(A) to the extent practicable give priority in funding to
programs and activities that are based on rigorous,
systematic, and objective research that is scientifically
based;
``(B) from time to time, but not less than annually, review
its plan and submit to the Administrator an analysis and
evaluation of the effectiveness of the programs and
activities carried out under the plan, and any modifications
in the plan, including the survey of State and local needs,
that it considers necessary; and
``(C) not expend funds to carry out a program if the
recipient of funds who carried out such program during the
preceding 2-year period fails to demonstrate, before the
expiration of such 2-year period, that such program achieved
substantial success in achieving the goals specified in the
application submitted by such recipient to the State
agency;'',
(P) by amending paragraph (23) to read as follows:
``(23) address juvenile delinquency prevention efforts and
system improvement efforts designed to reduce, without
establishing or requiring numerical standards or quotas, the
disproportionate number of juvenile members of minority
groups, who come into contact with the juvenile justice
system;'',
(Q) by amending paragraph (24) to read as follows:
``(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be promptly
notified that such juvenile is held in custody for violating
such order;
``(B) not later than 24 hours during which such juvenile is
so held, an authorized representative of such agency shall
interview, in person, such juvenile; and
``(C) not later than 48 hours during which such juvenile is
so held--
``(i) such representative shall submit an assessment to the
court that issued such order, regarding the immediate needs
of such juvenile; and
``(ii) such court shall conduct a hearing to determine--
``(I) whether there is reasonable cause to believe that
such juvenile violated such order; and
``(II) the appropriate placement of such juvenile pending
disposition of the violation alleged;'',
(R) in paragraph (25)--
(i) by striking ``1992'' and inserting ``2000'', and
(ii) by striking the period at the end and inserting a
semicolon,
(S) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(T) by adding at the end the following:
``(25) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section 222
(other than funds made available to the State advisory group
under section 222(d)) that the State will reserve for
expenditure by the State to provide incentive grants to units
of general local government that reduce the caseload of
probation officers within such units;
``(26) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file
in the geographical area under the jurisdiction of such court
will be made known to such court;
``(27) establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing and implementing
treatment plans for juvenile offenders; and
``(28) provide assurances that juvenile offenders whose
placement is funded through section 472 of the Social
Security Act (42 U.S.C. 672) receive the protections
specified in section 471 of such Act (42 U.S.C. 671),
including a case plan and case plan review as defined in
section 475 of such Act (42 U.S.C. 675).'',
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (22) of
subsection (a) in any fiscal year beginning after September
30, 2001, then--
``(1) subject to paragraph (2), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 12.5 percent for each such
paragraph with respect to which the failure occurs, and
``(2) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(A) the State agrees to expend 50 percent of the amount
allocated to the State for such fiscal year to achieve
compliance with any such paragraph with respect to which the
State is in noncompliance; or
``(B) the Administrator determines that the State--
``(i) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(ii) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.'',
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting ``allocation'',
and
(B) by striking ``subsection (a) (12)(A), (13), (14) and
(23)'' each place it appears and inserting ``paragraphs (11),
(12), (13), and (22) of subsection (a)'', and
(4) by adding at the end the following:
``(e) Notwithstanding any other provision of law, the
Administrator shall establish appropriate administrative and
supervisory board membership requirements for a State agency
designated under subsection (a)(1) and permit the State
advisory group appointed under subsection (a)(3) to operate
as the supervisory board for such agency, at the discretion
of the chief executive officer of the State.''.
SEC. 10. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2d part I as part F, and
(4) by inserting after part B the following:
``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
``SEC. 241. AUTHORITY TO MAKE GRANTS.
``(a) Grants to Eligible States.--The Administrator may
make grants to eligible
[[Page H5754]]
States, from funds allocated under section 242, for the
purpose of providing financial assistance to eligible
entities to carry out projects designed to prevent juvenile
delinquency, including--
``(1) projects that provide treatment (including treatment
for mental health problems) to juvenile offenders, and
juveniles who are at risk of becoming juvenile offenders, who
are victims of child abuse or neglect or who have experienced
violence in their homes, at school, or in the community, and
to their families, in order to reduce the likelihood that
such juveniles will commit violations of law;
``(2) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations in
educational settings;
``(B) to provide services to assist juveniles in making the
transition to the world of work and self-sufficiency;
``(C) to assist in identifying learning difficulties
(including learning disabilities);
``(D) to prevent unwarranted and arbitrary suspensions and
expulsions;
``(E) to encourage new approaches and techniques with
respect to the prevention of school violence and vandalism;
``(F) which assist law enforcement personnel and juvenile
justice personnel to more effectively recognize and provide
for learning-disabled and other juveniles with disabilities;
``(G) which develop locally coordinated policies and
programs among education, juvenile justice, and social
service agencies; or
``(H) to provide services to juveniles with serious mental
and emotional disturbances (SED) in need of mental health
services;
``(3) projects which expand the use of probation officers--
``(A) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(B) to ensure that juveniles follow the terms of their
probation;
``(4) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in
high-crime areas and juveniles experiencing educational
failure, with responsible adults (such as law enforcement
officers, adults working with local businesses, and adults
working for community-based organizations and agencies) who
are properly screened and trained;
``(5) community-based projects and services (including
literacy and social service programs) which work with
juvenile offenders and juveniles who are at risk of becoming
juvenile offenders, including those from families with
limited English-speaking proficiency, their parents, their
siblings, and other family members during and after
incarceration of the juvenile offenders, in order to
strengthen families, to allow juvenile offenders to be
retained in their homes, and to prevent the involvement of
other juvenile family members in delinquent activities;
``(6) projects designed to provide for the treatment
(including mental health services) of juveniles for
dependence on or abuse of alcohol, drugs, or other harmful
substances;
``(7) projects which leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(8) projects which provide for an initial intake
screening of each juvenile taken into custody--
``(A) to determine the likelihood that such juvenile will
commit a subsequent offense; and
``(B) to provide appropriate interventions (including
mental health services) to prevent such juvenile from
committing subsequent offenses;
``(9) projects (including school- or community-based
projects) that are designed to prevent, and reduce the rate
of, the participation of juveniles in gangs that commit
crimes (particularly violent crimes), that unlawfully use
firearms and other weapons, or that unlawfully traffic in
drugs and that involve, to the extent practicable, families
and other community members (including law enforcement
personnel and members of the business community) in the
activities conducted under such projects;
``(10) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement
agencies, child protection agencies, mental health agencies,
welfare services, health care agencies (including
collaboration on appropriate prenatal care for pregnant
juvenile offenders), private nonprofit agencies, and public
recreation agencies offering services to juveniles;
``(11) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and
businesses, projects for the employment of juveniles and
referral to job training programs (including referral to
Federal job training programs);
``(12) delinquency prevention activities which involve
youth clubs, sports, recreation and parks, peer counseling
and teaching, the arts, leadership development, community
service, volunteer service, before- and after-school
programs, violence prevention activities, mediation skills
training, camping, environmental education, ethnic or
cultural enrichment, tutoring, and academic enrichment;
``(13) to establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(14) programs that encourage social competencies,
problem-solving skills, and communication skills, youth
leadership, and civic involvement;
``(15) programs that focus on the needs of young girls at-
risk of delinquency or status offenses;
``(16) projects which provide for--
``(A) an assessment by a qualified mental health
professional of incarcerated juveniles who are suspected to
be in need of mental health services;
``(B) the development of an individualized treatment plan
for those incarcerated juveniles determined to be in need of
such services;
``(C) the inclusion of a discharge plan for incarcerated
juveniles receiving mental health services that addresses
aftercare services; and
``(D) all juveniles receiving psychotropic medications to
be under the care of a licensed mental health professional;
``(17) after-school programs that provide at-risk juveniles
and juveniles in the juvenile justice system with a range of
age-appropriate activities, including tutoring, mentoring,
and other educational and enrichment activities;
``(18) programs related to the establishment and
maintenance of a school violence hotline, based on a public-
private partnership, that students and parents can use to
report suspicious, violent, or threatening behavior to local
school and law enforcement authorities;
``(19) programs (excluding programs to purchase guns from
juveniles) designed to reduce the unlawful acquisition and
illegal use of guns by juveniles, including partnerships
between law enforcement agencies, health professionals,
school officials, firearms manufacturers, consumer groups,
faith-based groups and community organizations;
``(20) programs designed to prevent animal cruelty by
juveniles and to counsel juveniles who commit animal cruelty
offenses, including partnerships among law enforcement
agencies, animal control officers, social services agencies,
and school officials;
``(21) programs that provide suicide prevention services
for incarcerated juveniles and for juveniles leaving the
incarceration system;
``(22) programs to establish partnerships between State
educational agencies and local educational agencies for the
design and implementation of character education and training
programs that reflect the values of parents, teachers, and
local communities, and incorporate elements of good
character, including honesty, citizenship, courage, justice,
respect, personal responsibility, and trustworthiness;
``(23) programs that foster strong character development in
at-risk juveniles and juveniles in the juvenile justice
system;
``(24) local programs that provide for immediate
psychological evaluation and follow-up treatment (including
evaluation and treatment during a mandatory holding period
for not less than 24 hours) for juveniles who bring a gun on
school grounds without permission from appropriate school
authorities; and
``(25) other activities that are likely to prevent juvenile
delinquency.
``(b) Grants to Eligible Indian Tribes.--The Administrator
may make grants to eligible Indian tribes from funds
allocated under section 242(b), to carry out projects of the
kinds described in subsection (a).
``SEC. 242. ALLOCATION.
``(a) Allocation Among Eligible States.--Subject to
subsection (b), funds appropriated to carry out this part
shall be allocated among eligible States proportionately
based on the population that is less than 18 years of age in
the eligible States.
``(b) Allocation Among Indian Tribes Collectively.--Before
allocating funds under subsection (a) among eligible States,
the Administrator shall allocate among eligible Indian tribes
as determined under section 246(a), an aggregate amount equal
to the amount such tribes would be allocated under subsection
(a), and without regard to this subsection, if such tribes
were treated collectively as an eligible State.
``SEC. 243. ELIGIBILITY OF STATES.
``(a) Application.--To be eligible to receive a grant under
section 241, a State shall submit to the Administrator an
application that contains the following:
``(1) An assurance that the State will use--
``(A) not more than 5 percent of such grant, in the
aggregate, for--
``(i) the costs incurred by the State to carry out this
part; and
``(ii) to evaluate, and provide technical assistance
relating to, projects and activities carried out with funds
provided under this part; and
``(B) the remainder of such grant to make grants under
section 244.
``(2) An assurance that, and a detailed description of how,
such grant will supplement, and not supplant State and local
efforts to prevent juvenile delinquency.
``(3) An assurance that such application was prepared after
consultation with and
[[Page H5755]]
participation by the State advisory group, community-based
organizations, and organizations in the local juvenile
justice system, that carry out programs, projects, or
activities to prevent juvenile delinquency.
``(4) An assurance that the State advisory group will be
afforded the opportunity to review and comment on all grant
applications submitted to the State agency.
``(5) An assurance that each eligible entity described in
section 244 that receives an initial grant under section 244
to carry out a project or activity shall also receive an
assurance from the State that such entity will receive from
the State, for the subsequent fiscal year to carry out such
project or activity, a grant under such section in an amount
that is proportional, based on such initial grant and on the
amount of the grant received under section 241 by the State
for such subsequent fiscal year, but that does not exceed the
amount specified for such subsequent fiscal year in such
application as approved by the State.
``(6) Such other information and assurances as the
Administrator may reasonably require by rule.
``(b) Approval of Applications.--
``(1) Approval required.--Subject to paragraph (2), the
Administrator shall approve an application, and amendments to
such application submitted in subsequent fiscal years, that
satisfy the requirements of subsection (a).
``(2) Limitation.--The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless--
``(A)(i) the State submitted a plan under section 223 for
such fiscal year; and
``(ii) such plan is approved by the Administrator for such
fiscal year; or
``(B) the Administrator waives the application of
subparagraph (A) to such State for such fiscal year, after
finding good cause for such a waiver.
``SEC. 244. GRANTS FOR LOCAL PROJECTS.
``(a) Grants by States.--Using a grant received under
section 241, a State may make grants to eligible entities
whose applications are received by the State, and reviewed by
the State advisory group, to carry out projects and
activities described in section 241.
``(b) Special Consideration.--For purposes of making grants
under subsection (a), the State shall give special
consideration to eligible entities that--
``(1) propose to carry out such projects in geographical
areas in which there is--
``(A) a disproportionately high level of serious crime
committed by juveniles; or
``(B) a recent rapid increase in the number of nonstatus
offenses committed by juveniles;
``(2)(A) agreed to carry out such projects or activities
that are multidisciplinary and involve more than 2 private
nonprofit agencies, organizations, and institutions that have
experience dealing with juveniles; or
``(B) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or
reduce the rate of juvenile delinquency, and that involve
other entities operated by individuals who have a
demonstrated history of involvement in activities designed to
prevent juvenile delinquency; and
``(3) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and
activities.
``SEC. 245. ELIGIBILITY OF ENTITIES.
``(a) Eligibility.--Except as provided in subsection (b),
to be eligible to receive a grant under section 244, a unit
of general purpose local government, acting jointly with not
fewer than 2 private nonprofit agencies, organizations, and
institutions that have experience dealing with juveniles,
shall submit to the State an application that contains the
following:
``(1) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year,
to carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a kind described in
one or more of paragraphs (1) through (25) of section 241(a)
as specified in, such application.
``(2) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of
such goals.
``(3) A statement identifying the research (if any) such
entity relied on in preparing such application.
``(b) Limitation.--If an eligible entity that receives a
grant under section 244 to carry out a project or activity
for a 2-year period, and receives technical assistance from
the State or the Administrator after requesting such
technical assistance (if any), fails to demonstrate, before
the expiration of such 2-year period, that such project or
such activity has achieved substantial success in achieving
the goals specified in the application submitted by such
entity to receive such grants, then such entity shall not be
eligible to receive any subsequent grant under such section
to continue to carry out such project or activity.
``SEC. 246. GRANTS TO INDIAN TRIBES.
``(a) Eligibility.--
``(1) Application.--To be eligible to receive a grant under
section 241(b), an Indian tribe shall submit to the
Administrator an application in accordance with this section,
in such form and containing such information as the
Administrator may require by rule.
``(2) Plans.--Such application shall include a plan for
conducting programs, projects, and activities described in
section 241(a), which plan shall--
``(A) provide evidence that the applicant Indian tribe
performs law enforcement functions (as determined by the
Secretary of the Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted with funds provided by the
grant for which such application is submitted, by the Indian
tribe in the geographical area under the jurisdiction of the
Indian tribe;
``(C) provide for fiscal control and accounting procedures
that--
``(i) are necessary to ensure the prudent use, proper
disbursement, and accounting of grants received by applicants
under this section; and
``(ii) are consistent with the requirement specified in
subparagraph (B); and
``(D) comply with the requirements specified in section
223(a) (excluding any requirement relating to consultation
with a State advisory group) and with the requirements
specified in section 222(c); and
``(E) contain such other information, and be subject to
such additional requirements, as the Administrator may
reasonably require by rule to ensure the effectiveness of the
projects for which grants are made under section 241(b).
``(b) Factors for Consideration.--For the purpose of
selecting eligible applicants to receive grants under section
241(b), the Administrator shall consider--
``(1) the resources that are available to each applicant
Indian tribe that will assist, and be coordinated with, the
overall juvenile justice system of the Indian tribe; and
``(2) with respect to each such applicant--
``(A) the juvenile population; and
``(B) the population and the entities that will be served
by projects proposed to be carried out with the grant for
which the application is submitted.
``(c) Grant Process.--
``(1) Selection of grant recipients.--
``(A) Selection Requirements.--Except as provided in
paragraph (2), the Administrator shall--
``(i) make grants under this section on a competitive
basis; and
``(ii) specify in writing to each applicant selected to
receive a grant under this section, the terms and conditions
on which such grant is made to such applicant.
``(B) Period of grant.--A grant made under this section
shall be available for expenditure during a 2-year period.
``(2) Exception.--If--
``(A) in the 2-year period for which a grant made under
this section shall be expended, the recipient of such grant
applies to receive a subsequent grant under this section; and
``(B) the Administrator determines that such recipient
performed during the year preceding the 2-year period for
which such recipient applies to receive such subsequent grant
satisfactorily and in accordance with the terms and
conditions applicable to the grant received;
then the Administrator may waive the application of the
competition-based requirement specified in paragraph
(1)(A)(i) and may allow the applicant to incorporate by
reference in the current application the text of the plan
contained in the recipient's most recent application
previously approved under this section.
``(3) Authority to modify application process for
subsequent grants.--The Administrator may modify by rule the
operation of subsection (a) with respect to the submission
and contents of applications for subsequent grants described
in paragraph (2).
``(d) Reporting Requirement.--Each Indian tribe that
receives a grant under this section shall be subject to the
fiscal accountability provisions of section 5(f)(1) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450c(f)(1)), relating to the submission of a single-
agency audit report required by chapter 75 of title 31,
United States Code.
``(e) Matching Requirement.--(1) Funds appropriated for the
activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement
functions on any Indian lands may be used to provide the non-
Federal share of any program or project with a matching
requirement funded under this section.
``(2) Paragraph (1) shall not apply with respect to funds
appropriated before the date of the enactment of the Juvenile
Justice and Delinquency Prevention Act of 2001.
``(3) If the Administrator determines that an Indian tribe
does not have sufficient funds available to meet the non-
Federal share of the cost of any program or activity to be
funded under the grant, the Administrator may increase the
Federal share of the cost thereof to the extent the
Administrator deems necessary.''.
SEC. 11. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE;
TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part C, as added by section 10, the following:
``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION
``(a) Research and Evaluation.--(1) The Administrator may--
[[Page H5756]]
``(A) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(B) conduct research or evaluation in juvenile justice
matters, for the purpose of providing research and evaluation
relating to--
``(i) the prevention, reduction, and control of juvenile
delinquency and serious crime committed by juveniles;
``(ii) the link between juvenile delinquency and the
incarceration of members of the families of juveniles;
``(iii) successful efforts to prevent first-time minor
offenders from committing subsequent involvement in serious
crime;
``(iv) successful efforts to prevent recidivism;
``(v) the juvenile justice system;
``(vi) juvenile violence;
``(vii) appropriate mental health services for juveniles
and youth at risk of participating in delinquent activities;
``(viii) reducing the proportion of juveniles detained or
confined in secure detention facilities, secure correctional
facilities, jails, and lockups who are members of minority
groups;
``(ix) evaluating services, treatment, and aftercare
placement of juveniles who were under the care of the State
child protection system before their placement in the
juvenile justice system;
``(x) determining--
``(I) the frequency, seriousness, and incidence of drug use
by youth in schools and communities in the States using, if
appropriate, data submitted by the States pursuant to this
subparagraph and subsection (b); and
``(II) the frequency, degree of harm, and morbidity of
violent incidents, particularly firearm-related injuries and
fatalities, by youth in schools and communities in the
States, including information with respect to--
``(aa) the relationship between victims and perpetrators;
``(bb) demographic characteristics of victims and
perpetrators; and
``(cc) the type of weapons used in incidents, as classified
in the Uniform Crime Reports of the Federal Bureau of
Investigation; and
``(xi) other purposes consistent with the purposes of this
title and title I.
``(2) The Administrator shall ensure that an equitable
amount of funds available to carry out paragraph (1)(B) is
used for research and evaluation relating to the prevention
of juvenile delinquency.
``(3) Nothing in this subsection shall be construed to
permit the development of a national database of personally
identifiable information on individuals involved in studies,
or in data-collection efforts, carried out under paragraph
(1)(B)(x).
``(4) Not later than 1 year after the date of enactment of
this paragraph, the Administrator shall conduct a study with
respect to juveniles who, prior to placement in the juvenile
justice system, were under the care or custody of the State
child welfare system, and to juveniles who are unable to
return to their family after completing their disposition in
the juvenile justice system and who remain wards of the
State. Such study shall include--
``(A) the number of juveniles in each category;
``(B) the extent to which State juvenile justice systems
and child welfare systems are coordinating services and
treatment for such juveniles;
``(C) the Federal and local sources of funds used for
placements and post-placement services;
``(D) barriers faced by State in providing services to
these juveniles;
``(E) the types of post-placement services used;
``(F) the frequency of case plans and case plan reviews;
and
``(G) the extent to which case plans identify and address
permanency and placement barriers and treatment plans.
``(b) Statistical Analyses.--The Administrator may--
``(1) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(2) undertake statistical work in juvenile justice
matters, for the purpose of providing for the collection,
analysis, and dissemination of statistical data and
information relating to juvenile delinquency and serious
crimes committed by juveniles, to the juvenile justice
system, to juvenile violence, and to other purposes
consistent with the purposes of this title and title I.
``(c) Competitive Selection Process.--The Administrator
shall use a competitive process, established by rule by the
Administrator, to carry out subsections (a) and (b).
``(d) Implementation of Agreements.--A Federal agency that
makes an agreement under subsections (a)(1)(B) and (b)(2)
with the Administrator may carry out such agreement directly
or by making grants to or contracts with public and private
agencies, institutions, and organizations.
``(e) Information Dissemination.--The Administrator may--
``(1) review reports and data relating to the juvenile
justice system in the United States and in foreign nations
(as appropriate), collect data and information from studies
and research into all aspects of juvenile delinquency
(including the causes, prevention, and treatment of juvenile
delinquency) and serious crimes committed by juveniles;
``(2) establish and operate, directly or by contract, a
clearinghouse and information center for the preparation,
publication, and dissemination of information relating to
juvenile delinquency, including State and local prevention
and treatment programs, plans, resources, and training and
technical assistance programs; and
``(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the purpose of
disseminating information to representatives and personnel of
public and private agencies, including practitioners in
juvenile justice, law enforcement, the courts, corrections,
schools, and related services, in the establishment,
implementation, and operation of projects and activities for
which financial assistance is provided under this title.
``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Training.--The Administrator may--
``(1) develop and carry out projects for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102.
``(b) Technical Assistance.--The Administrator may--
``(1) develop and implement projects for the purpose of
providing technical assistance to representatives and
personnel of public and private agencies and organizations,
including practitioners in juvenile justice, law enforcement,
courts (including model juvenile and family courts),
corrections, schools, and related services, in the
establishment, implementation, and operation of programs,
projects, and activities for which financial assistance is
provided under this title; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations, for the purpose of
providing technical assistance to representatives and
personnel of public and private agencies, including
practitioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects, and
activities for which financial assistance is provided under
this title.
``(c) Training and Technical Assistance to Mental Health
Professionals and Law Enforcement Personnel.--The
Administrator shall provide training and technical assistance
to mental health professionals and law enforcement personnel
(including public defenders, police officers, probation
officers, judges, parole officials, and correctional
officers) to address or to promote the development, testing,
or demonstration of promising or innovative models (including
model juvenile and family courts), programs, or delivery
systems that address the needs of juveniles who are alleged
or adjudicated delinquent and who, as a result of such
status, are placed in secure detention or confinement or in
nonsecure residential placements.''.
SEC. 12. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part D, as added by section 11, the following:
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make
grants to and contracts with States, units of general local
government, Indian tribal governments, public and private
agencies, organizations, and individuals, or combinations
thereof, to carry out projects for the development, testing,
and demonstration of promising initiatives and programs for
the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the
extent reasonable and practicable, such grants are made to
achieve an equitable geographical distribution of such
projects throughout the United States.
``(b) Use of Grants.--A grant made under subsection (a) may
be used to pay all or part of the cost of the project for
which such grant is made.
``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
``The Administrator may make grants to and contracts with
public and private agencies, organizations, and individuals
to provide technical assistance to States, units of general
local government, Indian tribal governments, local private
entities or agencies, or any combination thereof, to carry
out the projects for which grants are made under section 261.
``SEC. 263. ELIGIBILITY.
``To be eligible to receive a grant made under this part, a
public or private agency, Indian tribal government,
organization, institution, individual, or combination thereof
shall submit an application to the Administrator at such
time, in such form, and containing such information as the
Administrator may reasonably require by rule.
``SEC. 264. REPORTS.
``Recipients of grants made under this part shall submit to
the Administrator such reports as may be reasonably requested
by the
[[Page H5757]]
Administrator to describe progress achieved in carrying out
the projects for which such grants are made.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
``(a) Authorization of Appropriations for Title II
(Excluding Parts C and E).--(1) There are authorized to be
appropriated to carry out this title such sums as may be
appropriate for fiscal years 2002, 2003, 2004, 2005, and
2006.
``(2) Of such sums as are appropriated for a fiscal year to
carry out this title (other than parts C and E)--
``(A) not more than 5 percent shall be available to carry
out part A;
``(B) not less than 80 percent shall be available to carry
out part B; and
``(C) not more than 15 percent shall be available to carry
out part D.
``(b) Authorization of Appropriations for Part C.--There
are authorized to be appropriated to carry out part C such
sums as may be necessary for fiscal years 2002, 2003, 2004,
2005, and 2006.
``(c) Authorization of Appropriations for Part E.--There
are authorized to be appropriated to carry out part E, and
authorized to remain available until expended, such sums as
may be necessary for fiscal years 2002, 2003, 2004, 2005, and
2006.''.
SEC. 14. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the
specific requirements of this title or to respond to requests
for clarification and guidance relating to such compliance'',
and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the
requirements described in paragraphs (11), (12), and (13) of
section 223(a), then for the period such law is in effect in
such State such State shall be rebuttably presumed to satisfy
such requirements.''.
SEC. 15. USE OF FUNDS.
Section 299C(c) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5674(c)) is amended to read
as follows:
``(c) No funds may be paid under this title to a
residential program (excluding a program in a private
residence) unless--
``(1) there is in effect in the State in which such
placement or care is provided, a requirement that the
provider of such placement or such care may be licensed only
after satisfying, at a minimum, explicit standards of
discipline that prohibit neglect, physical and mental abuse,
as defined by State law;
``(2) such provider is licensed as described in paragraph
(1) by the State in which such placement or care is provided;
and
``(3) such provider satisfies the licensing standards of
each other State from which such provider receives a juvenile
for such placement or such care, in accordance with the
Interstate Compact on Child Placement as entered into by such
other State.''.
SEC. 16. LIMITATIONS ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 10, is amended adding at the end the
following:
``SEC. 299F. LIMITATIONS ON USE OF FUNDS.
``None of the funds made available to carry out this title
may be used to advocate for, or support, the unsecured
release of juveniles who are charged with a violent crime.''.
SEC. 17. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 10 and amended by section 16, is
amended adding at the end the following:
``SEC. 299G. RULES OF CONSTRUCTION.
``Nothing in this title or title I shall be construed--
``(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
``(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.''.
SEC. 18. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 10 and amended by sections 16 and 17,
is amended adding at the end the following:
``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
``The Administrator may receive surplus Federal property
(including facilities) and may lease such property to States
and units of general local government for use in or as
facilities for juvenile offenders, or for use in or as
facilities for delinquency prevention and treatment
activities.''.
SEC. 19. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 10 and amended by sections 16, 17,
and 18, is amended adding at the end the following:
``SEC. 299I. ISSUANCE OF RULES.
``The Administrator shall issue rules to carry out this
title, including rules that establish procedures and methods
for making grants and contracts, and distributing funds
available, to carry out this title.''.
SEC. 20. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 10 and amended by sections 16, 17,
18, and 19, is amended by adding at the end the following:
``SEC. 299J. CONTENT OF MATERIALS.
``Materials produced, procured, or distributed both using
funds appropriated to carry out this Act and for the purpose
of preventing hate crimes that result in acts of physical
violence, shall not recommend or require any action that
abridges or infringes upon the constitutionally protected
rights of free speech, religion, or equal protection of
juveniles or of their parents or legal guardians.''.
SEC. 21. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.)
is amended--
(1) in section 202(b) by striking ``prescribed for GS-18 of
the General Schedule by section 5332'' and inserting
``payable under section 5376'',
(2) in section 221(b)(2) by striking the last sentence,
(3) in section 299D by striking subsection (d), and
(4) by striking titles IV and V, as originally enacted by
Public Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) The Victims of Child Abuse
Act of 1990 (42 U.S.C. 13001 et seq.) is amended--
(A) in section 214(b)(1) by striking ``262, 293, and 296 of
subpart II of title II'' and inserting ``299B and 299E'',
(B) in section 214A(c)(1) by striking ``262, 293, and 296
of subpart II of title II'' and inserting ``299B and 299E'',
(C) in section 217(c)(1) by striking ``sections 262, 293,
and 296 of subpart II of title II'' and inserting ``sections
299B and 299E'', and
(D) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(2) Section 404(a)(5)(E) of the Missing Children's
Assistance Act (42 U.S.C. 5773) is amended by striking
``section 313'' and inserting ``section 331''.
SEC. 22. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this
Act shall apply only with respect to fiscal years beginning
after September 30, 2001.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Greenwood) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Greenwood).
General Leave
Mr. GREENWOOD. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 1900.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GREENWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 1900, the Juvenile
Justice and Delinquency Prevention Act of 2001. The Office of Juvenile
Justice and Delinquency Prevention was created by Congress in 1974 to
help communities and States prevent and control delinquency and to
improve their juvenile justice systems. The nature and extent of
juvenile delinquency has changed considerably since the Office of
Juvenile Justice and Delinquency Prevention was created, and this
reauthorization has taken that into account.
This office has not been reauthorized since 1994, although a similar
bill has passed this House by overwhelming margins at least twice since
then. This year we have an opportunity for both the House and the
Senate to pass this legislation and get it to the President for his
signature.
I thank the gentleman from Michigan (Mr. Hoekstra) and the gentleman
from Indiana (Mr. Roemer) for their good work in marking H.R. 1900 up
through the Subcommittee on Select Education and the gentleman from
Ohio (Mr. Boehner) and the gentleman from California (Mr. George
Miller) for their able assistance in reporting the bill from the
Committee on Education and the Workforce.
I thank the gentleman from Virginia (Mr. Scott) for joining me in
introducing this legislation. This bill is virtually the same
legislation the gentleman from Virginia (Mr. Scott) and I
[[Page H5758]]
successfully negotiated on a bipartisan basis last Congress. We are
looking forward to having the House and the Senate pass this measure so
after 6 years of hard work, the reauthorization of this act can become
law.
I want to particularly emphasize the spirit of bipartisanship my
colleague, the gentleman from Virginia (Mr. Scott), has put into this
measure from the beginning. Tough issues have not been easily resolved;
but day after day, week after week, year after year the gentleman from
Virginia (Mr. Scott) and his able staff have been extraordinarily good
natured and willing to wrestle these controversies to the ground.
I thank my legislative director, Judy Borger, who has worked
tirelessly on this legislation for years. As all of the Members know,
we do the talking and we do some of the thinking in terms of concept,
and then it is the staff that works the 12- and 16- and 24-hour days
hammering out the language and doing all of the detail work that
finally makes it possible.
I also thank Denise Fort from the staff of the gentleman from
Virginia (Mr. Scott), who has worked equally tirelessly, as wells as
Bob Sweet and Chris Anne Pierce from our committee.
H.R. 1900 is designed to assist States and local communities to
develop strategies to combat juvenile crime through a wide range of
prevention and intervention programs. This legislation acknowledges
that most successful solutions to juvenile crime are developed at the
State and local levels of government by those individuals who
understand the unique characteristics of youth in their areas.
By combining the current discretionary programs into a prevention
block grant to the States, and allowing States and local communities
discretion in how such funds are used, we allow the local officials to
use their own good judgment, and based upon the realities of each
situation, and yet we have not given them so much flexibility that harm
could be done to the children.
It is an extraordinarily difficult task to create a juvenile justice
system in each of the States and in each of the counties that can
respond to the very, very different young people in our society who get
caught up in the law. But I believe that this bipartisan bill
represents good policy. The bill successfully strikes a balance in
dealing with children who grow up and come before the juvenile justice
system who are already very dangerous and vicious criminals, and other
children who come before the juvenile justice system who are harmless
and scared and running away from abuse at home.
We dealt with very sensitive issues like the deinstitutionalization
of status offenders, how to assure that juveniles who need to be
temporarily housed with adults be held out of sight and sound of
adults, how to address the overrepresentation of minorities in the
juvenile justice system, and determining the correct balance between
block-granting funds to the States and keeping some strings attached.
We added language directing the States to give priority in funding to
programs and activities that are based on rigorous, systematic, and
objective research that is scientifically based; and we found a way to
provide the additional flexibility that our local officials need, still
protect society from dangerous teenagers while protecting scared kids
from overly harsh kids in the juvenile justice system.
Mr. Speaker, I urge all of my colleagues to join me in supporting
H.R. 1900.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as we begin to rebuild from the tragedy and devastation
we experienced in New York, Pennsylvania, and at the Pentagon, it is
appropriate that two of the first three bills we take up this week
concern the safety and well-being of our children.
I am proud to be a cosponsor of H.R. 1900, the Juvenile Justice and
Delinquency Prevention Act, with my colleague, the gentleman from
Pennsylvania (Mr. Greenwood). Juvenile justice is always a challenge
because we have a choice of playing politics or reducing crime.
This bill is a bipartisan initiative that lays the groundwork for
sensible juvenile crime policy. Five years ago we started from a
decidedly different perspective. The House considered juvenile crime
bills with such titles as the ``Violent Youth Predator Act,'' the
``Juvenile Crime Control Act,'' and others. The titles of the bills
made it clear that Congress was more considered in using political
sound bites than coming up with sound policy designed to reduce crime.
After those bills collapsed in partisan controversy, the gentleman from
Illinois (Mr. Hastert) and the gentleman from Missouri (Mr. Gephardt)
appointed a bipartisan working group on youth violence to thoughtfully
review the issue of youth violence and to make meaningful suggestions.
Our working group reviewed studies of problems of youth violence and
heard testimony from academia, law enforcement, the judicial system,
and advocacy groups. Those experts that met with us agreed that
prevention and early intervention were the things that we needed to
reduce crime. Those efforts needed to require parental and community
participation.
H.R. 1900 is a culmination of 5 years of work, at the end of which we
made the choice to stop playing politics and to promote constructive
legislation.
Mr. Speaker, I am pleased that we have arrived at a different place
today than where we were 5 years ago. We have made the right choice.
H.R. 1900 is a bipartisan agreement that promotes sound juvenile crime
policy which is based on proven research.
H.R. 1900 reflects what was presented to the bipartisan working group
and testimony heard through numerous hearings in Washington and across
the country. We heard that prevention programs are effective in
reducing youth violence in the community and often save more money than
they cost. Programs such as early childhood education, structured
after-school activities, dropout prevention, and mentoring have all
been shown successful in reducing youth delinquency.
I am also pleased that we were able to maintain the core mandates of
the Juvenile Justice and Delinquency Prevention Act so that juveniles
who come in contact with the juvenile justice system are assured of
fundamental protections. For example, runaways and truants should not
be jailed in secure facilities. And if juveniles are ever housed in
adult facilities, it must be for short periods of time; and during that
time they must be separated by sight and sound from adult offenders.
Lastly, States have a responsibility to address the disproportionate
number of minority youth who are under the jurisdiction of the juvenile
court system.
The bill before us recognizes the need for community input and
requires community collaboration and planning that encourages bringing
delinquency prevention professionals around the table to decide how
best to respond to the crime prevention needs of the community. Those
experts should include the school system, law enforcement, social
services, business, sociology and other experts. And for the first time
we are also asking the States to ensure that the child welfare system,
the foster care system, and the juvenile justice system are working
together to address the needs of juvenile offenders. We know that two-
thirds of children in the juvenile system are already known by the
child welfare system. The link between abuse, neglect, and delinquency
demands greater involvement between the various systems that serve at-
risk youth.
H.R. 1900 starts us down the path of greater collaboration, and I
appreciate the work of my ranking member, the gentleman from California
(Mr. George Miller), and the gentleman from Pennsylvania (Mr.
Greenwood) in offering these important improvements to the bill. H.R.
1900 deserves the support of this body. It is not based on politics or
sound bites, but instead represents sound policy; and it is the product
of a constructive, bipartisan cooperative effort to reduce youth crime
in our communities. It will add to the safety and security of future
generations.
Mr. Speaker, I reserve the balance of my time.
Mr. GREENWOOD. Mr. Speaker, I yield 1 minute to the gentleman from
Ohio (Mr. Boehner), the chairman of the Committee on Education and the
Workforce.
Mr. BOEHNER. Mr. Speaker, I rise today in support of the juvenile
justice
[[Page H5759]]
bill that we have on the floor, and thank all of my colleagues that
have taken part in bringing us to this important day. I think the
gentleman from Virginia (Mr. Scott) and the gentleman from Pennsylvania
(Mr. Greenwood) have fully explained the bill.
My reason for rising today is to say that, without a true bipartisan
effort over the long journey of bringing this bill to the floor, we
would not be here. The gentleman from Virginia (Mr. Scott) and the
gentleman from Pennsylvania (Mr. Greenwood) have worked diligently for
5 years trying to bridge the differences, and they have done it in such
a way that we have learned a great deal from them.
I also thank the chairman of the subcommittee, the gentleman from
Michigan (Mr. Hoekstra) and the ranking Democrat on the subcommittee,
the gentleman from Indiana (Mr. Roemer), for their efforts in
shepherding this bill through the committee process. Lastly, I thank
the ranking Democrat, the gentleman from California (Mr. George
Miller), who provided an atmosphere of cooperation and respect which I
think brings this bill here in front of us today.
Mr. Speaker, this is a great example of what can happen when people
keep their eye on the goal, and the goal being what is it that we can
do from our perspective here in Washington to help these juvenile
justice programs work better. They have done a great job, and they
deserve our thanks.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield 6 minutes to the gentleman from
California (Mr. George Miller), the ranking member on the Committee on
Education and the Workforce.
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the leadership
for bringing this bill to the floor today. As the gentleman from
Virginia (Mr. Scott) earlier said, in the wake of the tragedies in New
York, Pennsylvania and here at the Pentagon, our concentration on our
children and those children who are so desperately in need of services
and at risk is a nice tribute to America's families.
I also want to join those who have already expressed their thanks to
the gentleman from Virginia (Mr. Scott) and the gentleman from
Pennsylvania (Mr. Greenwood) for their diligence on this matter.
{time} 1115
I cannot think of two people in the Congress who have worked harder
to try to bring about a resolution of what was a very contentious issue
over the last several years to make sure that we move forward in the
protection and the service of our children; in making sure that we, in
fact, develop those kinds of programs that have the best opportunity at
reducing juvenile crime, at reducing juvenile delinquency and making
sure that our children, in fact, get into programs of opportunity and
programs that will help them to sort out their lives and lead
productive lives in America. I want to thank them very, very much for
all their effort, all their time to bring this legislation to the floor
in the form that it is now in.
While we have seen a decrease in juvenile crime over the last couple
of years, we also see some disturbing factors, that many of the
perpetrators of that crime are younger and younger. We see the
inclusion of more and more young girls in the perpetration of these
crimes, and these are reasons for concern. It is a reason we need to
take new approaches and new choices.
This legislation is really about prevention and about accountability
and about focusing our efforts on the early part of a child's life
because, again, the scientific-based research, the peer-reviewed
research tells us that this is our best opportunity to intervene on
behalf of these children, to intervene in their dysfunctional families.
I want to commend those who supported the previous bill on the floor
today dealing with the D.C. court system and the foster care system in
the District of Columbia. Understanding the need to intervene early, to
save these children and to give them an opportunity, where they are
caught up in a family that is so clearly dysfunctional that it now
becomes a threat to those children in the immediate sense, but the
long-term ramifications and impact on the kinds of lives those children
will lead in terms of their involvement in the juvenile justice system
or the adult criminal system makes it all the more important.
I believe that H.R. 1900 does this by providing the recognition of
early intervention and accountability and providing the guidelines to
make sure that we, in fact, protect these children at the same time
that we are dealing with their transgressions, so that we do not send
them off to schools that improve their ability to commit a crime but do
not improve their ability to extract themselves from that life of
crime.
I also want to quickly mention the parts of this legislation dealing
with the question about the needs, and the support for the needs of
these services. According to a report produced by the Inspector General
at the Department of Health and Human Services, an audit of cases in
California found that few children are ever receiving case planning and
family permanency planning systems.
What does that mean? That means that these children are really never
given the tools, or the caseworkers are not given the tools to get
these children out of the situation that they are in. And without
family permanency or planning permanency, the children find themselves
continually swirling around the system from one foster care, one
institution, over and over again, because we have not taken the time as
the law in fact requires, to develop planning for these children's
futures, so that we can make sure that they have the absolute best
opportunity at success.
I also want to draw attention to the fact that this legislation deals
with the children who are sent to boot camps, and recognizing that the
New York Times recently reported that since 1980 there have been over
31 children who have died in these boot camps and numerous other
children have been subjected to sexual abuse and assault while they are
in these camps.
In July, a child who was voluntarily placed in a wilderness camp in
Arizona died as a result of abuse and negligence of the camp operators.
The autopsy revealed that he drowned in a hotel shower where the camp
staff had left him after he had collapsed. He had collapsed after being
punished for bad behavior. What was his bad behavior? He complained
that the program was too hard. What was his punishment for that bad
behavior? They made him eat dirt and he subsequently died.
That kind of punishment, if it had been meted out by a parent or a
relative, would have been child abuse. We have got to make sure that
child abuse laws protect these children in this kind of custody. And I
believe that this legislation, in fact, does that in a manner in which
we know that you cannot delegate, you cannot delegate the right to
abuse a child to another factor.
H.R. 1900 requires that any residence program receiving funds under
this act must be licensed by State and must have standards of
discipline to prohibit abuse and neglect as defined by State law. What
the State standard is will apply to those operations within that State.
I think this is the minimum that we can do for these children.
Let me close again by just thanking the gentleman from Pennsylvania
(Mr. Greenwood) and the gentleman from Virginia (Mr. Scott) for all of
the time. I think very often the public does not understand the kind of
effort or the kind of time that individual Members or legislators put
into subjects like this, where there is not a lot of attention given
except when things go terribly wrong.
These are children that, in many instances, are seriously
disenfranchised from the system; that, in many instances, through no
fault of their own, found themselves caught up in dysfunctional
institutions, dysfunctional families. And this is an effort, and the
time that these two gentlemen have spent, this is an effort to throw
them, if you will, a life preserver to see that if we can bring them
back, we can provide the services, provide the accountability for those
rendering the services and see whether or not we can give these
children an opportunity at success rather than almost a condemnation to
failure under the existing system.
Mr. GREENWOOD. Mr. Speaker, I yield 2 minutes to the gentleman from
[[Page H5760]]
Nebraska (Mr. Osborne), an active member of the Committee on Education
and the Workforce.
Mr. OSBORNE. Mr. Speaker, I rise in strong support of H.R. 1900, the
Juvenile Justice and Delinquency Prevention Act. I am particularly
pleased to see language in the bill to provide positive youth
development which includes mentoring. We often see money spent on
building prisons, drug rehabilitation programs, hiring more police, and
building youth correction facilities as money that is well spent. Money
spent on prevention of juvenile crime, drug abuse, teenage pregnancy,
is often seen as less important and sometimes is perceived as being
wasteful. It costs 25 to $30,000 per year to incarcerate a young
person. If that young person stays in prison for life, it is more than
$1 million. States are currently raising unwanted children at
unprecedented cost. Drug addiction leads to other crime and a great
social cost to those involved. Recidivism is very high. It is much more
cost effective to prevent juvenile misbehavior than to attempt to
correct behavior after the fact.
One example is mentoring. According to ``Character Counts,''
mentoring reduces absenteeism from school by more than 50 percent,
significantly cuts dropout rates, reduces drug abuse by more than 50
percent, certainly curtails teenage pregnancy, crime and violent
behavior by significant degrees, and the cost is only about $400 per
year, on the average, for a good mentoring program. So it is
tremendously cost effective. The return is phenomenal in terms of the
expense.
Mr. Speaker, I would like to point out the fact that the bill
provides more flexibility for the use of funds at the local level. I
think all of us realize that money spent at the local level is spent
much more effectively than money spent at the Federal or the State
level.
Finally, I would like to thank the gentleman from Virginia (Mr.
Scott) and the gentleman from Pennsylvania (Mr. Greenwood) for their
efforts, and strongly encourage passage of H.R. 1900.
Mr. SCOTT. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Solis), a member of the Committee on Education and the
Workforce.
(Ms. SOLIS asked and was given permission to revise and extend her
remarks.)
Ms. SOLIS. I thank the gentleman for yielding me this time.
Mr. Speaker, I also rise in support of H.R. 1900. I stand here as a
new member of the Committee on Education and the Workforce. My heart is
full, because I realize that this is such an important issue that needs
to be addressed. In my district alone, in Los Angeles County, I
represent the East Lake detention facility. I had the opportunity of
visiting that facility a couple of months ago and realized that a good
number of the children, youngsters, that are there represented my
district. I felt compelled that we need to do something immediately to
help them, prevent them from furthering a life of crime and hopefully
deterring them into a better life-style.
But I found that many of the young people, particular Latinos that I
found there from my district, were experiencing some different kinds of
hardships. Many of them at the age of 13 and 14 were already finding
themselves as mothers. They were pregnant. I found that the treatment
and medical attention that they needed to be prioritized. I asked the
gentleman from Virginia (Mr. Scott) and other Members if they would
please include an amendment in this bill to help address prenatal
assistance in assessing these young women's needs. They adopted that.
I also wanted to thank them for including another provision, suicide
prevention. Many of the youngsters that I saw at these facilities were
also coming from a life of hardship. Some of them were recent
immigrants, coming from war-torn El Salvador and other Central American
countries. Faced with that dilemma, many of them had this put before
them, of how they were going to lead their lives, not having
appropriate supervision by their parents and by our inadequate school
system that does not provide enough counseling and after-school
programs. This bill, I believe, in my opinion will do that.
I want to thank the committee and I want to thank our leadership for
taking the time to address these issues and including these two
amendments in this bill. I ask for support of this legislation.
Mr. GREENWOOD. Mr. Speaker, I yield 2 minutes to the gentleman from
Colorado (Mr. Tancredo), another active member of the Committee on
Education and the Workforce.
Mr. TANCREDO. Mr. Speaker, I rise in strong support of H.R. 1900. One
of the things that our community in Littleton, Colorado had to deal
with shortly after the Columbine tragedy was the fact that there were
many parents and children who were frightened to return to school. They
were frightened because they felt helpless in their ability to control
their own environment. With that in mind, I asked the Colorado Bureau
of Investigation, the Colorado Department of Education, U.S. West and
AT&T to help me construct the Colorado school safety hotline. Within
just a few months after the tragedy at Columbine, these posters were up
in every school in the State of Colorado and a 24-hour hotline had been
started and was in operation at CBI. Since that time, there have been
some 1,323 phone calls, there have been several arrests, and God only
knows how many incidents have been avoided as a result of the Colorado
school safety hotline.
H.R. 1900 includes a provision that would allow States to use their
safe and drug-free school money in the creation of their own hotline. I
certainly encourage them to think about this as a way of preventing
possible incidents similar to Columbine. The one thing we learned since
then is that in every single situation we have had of school violence,
without exception, the perpetrators of the crime told somebody.
With this knowledge in mind, it is imperative that every State in the
Nation take the kind of action that we took in Colorado, the
establishment of the hotline, to allow someone who may have heard
something to call somebody anonymously, tell them what they have heard,
and let the authorities take what actions need to be taken. With the
inclusion of this particular amendment and for all of the other good
things that are in this particular piece of legislation, I sincerely
hope that my colleagues will support H.R. 1900.
Mr. SCOTT. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee), a member of the Committee on the Judiciary.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished
gentleman from Virginia for yielding me this time. I also thank the
distinguished gentleman from Pennsylvania (Mr. Greenwood), both the
gentleman from Virginia (Mr. Scott) and the gentleman from Pennsylvania
(Mr. Greenwood), for a very policy-changing initiative, H.R. 1900, that
will really turn the corner in how we address the questions of juvenile
crime control and the issue of delinquency. Let me thank them and their
staff for this legislation.
Let me thank in particular my colleague on the Committee on the
Judiciary for merging his responsibilities as the ranking member of the
Subcommittee on Crime of the Committee on the Judiciary and the
Committee on Education and the Workforce, realizing that these are two
very important responsibilities, that there is some commonality.
Mr. Speaker, about a year ago, I held a hearing in my district with
Senator Paul Wellstone on the question of mental health and juvenile
delinquency. We had over 90 witnesses, of local authorities, mental
health specialists, parents who had dealt with suicide amongst their
teenagers, and teenagers who said they had attempted suicide on a
number of occasions.
{time} 1135
One thing we determined out of that hearing was that we had to
approach the issue of juvenile delinquency and the resulting crime in a
totally different mode; that prevention and intervention on these young
people and their families was crucial for America to get its hands
around the whole question of juvenile indiscretions or crime and
delinquency.
This bill authorizes the use of juvenile delinquency prevention block
grants for projects that provide treatment to juvenile offenders. The
bill
[[Page H5761]]
covers a litany of programs, including treatment for mental health
problems for juveniles who have experienced violence, projects which
provide for an individualized assessment, and the treatment plans for
incarcerated juveniles suspected to be in need of mental health
services, after-school programs for at-risk juveniles, programs related
to the establishment and maintenance of a school violence hot line, and
programs designed to reduce the unlawful acquisition and illegal use of
guns by juveniles. It is heavy on prevention.
When we visited one of our juvenile detention centers with Senator
Wellstone and County Judge Bob Eckels, we were able to see youngsters
who were crying out for services, crying out for an adult that would
help supervise them, and certainly in need of mental health.
This bill, of course, is of special importance to me; and I thank my
colleague, the gentleman from Virginia (Mr. Scott), for addressing the
question of the issue of mental health.
The mental health of children, including its intersection with the
issue of juvenile justice, is an issue that has long been ignored. In
the bill, as this passed through the Committee on the Judiciary, I was
very glad that amendments that I proposed, language I proposed, was
included, dealing with the mental health aspect as it was in the
Committee on Education and Workforce.
Yet one to which I pay special attention, not only in my capacity as
a member of the Committee on the Judiciary but also in my capacity as
founder and chair of the Congressional Children's Caucus, in working
with the House Bipartisan Working Group on Youth Violence that many of
my colleagues served on, it was interesting that Members from both
sides of the aisle came away from that 6- or 7- or 8-week time frame,
and determined that prevention had to be the way this country and this
Congress would go.
In doing so, mental health was raised as a very important issue. In
the presentation I made, my particular subcommittee was dealing with
mental health, it was without question that that was what was needed.
The mental health of children is an issue that has been too long
ignored. Untreated, it manifests itself in many ways, ranging from
eating disorders to school bullying and violence. That is why I have
H.R. 75, that deals in particular with helping children overcome their
frustration or their need for counseling by providing enhanced
community mental health services.
We held a hearing a couple of weeks ago, the Congressional Children's
Caucus, about bullying; and we determined that children need counseling
to intervene so they do not bully each other and that turns into
violence.
This legislation has many aspects to it, but what I believe is the
key element to this legislation is a recognizing that we must look at
juvenile delinquency and crime control in a totally different manner;
intervene, prevent, before we run into trouble.
I, in conclusion, will simply say that this bill overall is an
excellent bill. I would raise a reservation, however, about the
provision of the bill that gives local authorities the ability to hold
juveniles in adult lockups for more than 24 hours if other alternatives
are not available. I would encourage my local communities to find
alternative sites for our children, because what we want to do is
intervene so those children can grow up to be contributing adults.
I support H.R. 1900, and ask my colleagues to unanimously support it.
I rise in support of the Juvenile Crime Control and Delinquency
Prevention Act, H.R. 1900.
This bill authorizes the use of Juvenile Delinquency Prevention Block
Grants for projects that provide treatment to juvenile offenders. The
bill covers a litany of programs, including treatment for mental health
problems, for juveniles who have experienced violence, projects which
provide for an individualized assessment and the treatment plans for
incarcerated juveniles suspected to be in need of mental health
services, after-school programs for at-risk juveniles, programs related
to the establishment and maintenance of a school violence hotline and
programs designed to reduce the unlawful acquisition and illegal use of
guns by juveniles.
This bill also authorizes the Office of Juvenile Crime Control and
Delinquency Prevention to undertake specified activities regarding
research, evaluation, technical assistance, and training, including
providing training and technical assistance to mental health
professionals and law enforcement personnel to address or promote the
development, testing, or demonstration of promising or innovative
models, programs, or delivery systems addressing the needs of
delinquent juveniles who are placed in secure detention, confinement or
in non-secure residential placements.
This bill is of special importance to me because it so wisely
addresses the issue of mental health. The mental health of children,
including its intersection with the issue of juvenile justice, is an
issue that has been long ignored, yet one to which I pay special
attention, not only in my capacity as a member of the Judiciary
Committee, but also in my capacity as Founder and Chair of the
Congressional Children's Caucus and as a member of the House Bipartisan
Working Group on Youth Violence, which was formed on June 25, 1999 by
Speaker Hastert and Minority Leader Gephardt and which issued its final
report on March 8, 2000.
Just this past July, the Congressional Children's Caucus held a
briefing on the relationship between children's mental health and
school bullying, and we discussed how bullying, which causes and is
caused by mental health problems, can escalate into violence. And I am
the sponsor of the bi-partisan bill H.R. 75, which would sponsor grants
to schools to put more mental health professionals in our schools.
The issue is of such pressing importance that during the
Congressional Black Caucus annual legislative conference this month, I
will be hosting a forum on the nexus between juvenile justice and
children's mental health. National experts will join us to discuss this
topic.
The mental health of children is an issue that has been too long
ignored. Untreated, it manifests itself in many ways, ranging from
eating disorders to school bullying and violence, as I just discussed.
In fact, in the bi-partisan Working Group on Youth Violence formed a
mental health subgroup to determine the extent to which mental health
problems lead to incidences of youth violence and how to address the
problem. We determined, in part, that it is important to identify at
risk youths in school to encourage them to see schools are safe, stable
learning environments and to ensure that they have access to mental
health services. The Report also noted that the juvenile justice system
should screen youths who enter the system and that treatment is
provided where the need is identified. Hence, I am pleased to see that
many of the recommendations of the Working Groups have been considered
in drafting this legislation. This was not a group of mere talking
heads, but a group that proposed and is enacting real, practical
solutions.
The fact the juvenile violent crime has decreased does not mean that
we should ignore the problem. Indeed, we should see it as an
opportunity to identify the previously unanswered problems and reach
those who might otherwise be issued.
I do have reservations about the provision of the bill that gives
local authorities the ability to hold juveniles in adult lockups for
more than 24 hours if other alternatives are not available. However, I
applaud efforts to address the mental health needs of the troubled
youths. Hence, I believe that the benefits of the bill far outweigh its
negative aspects and believe that as its provisions are enacted, we
will work to correct any shortcomings.
It is time we took an affirmative step forward and realized that
although we may differ on some provisions, we all agree that we must
help our youth become, productive, mentally and physically, law-abiding
citizens. I urge my colleagues to join me in supporting this bill.
Mr. GREENWOOD. Mr. Speaker, it is my pleasure and honor to yield 3
minutes to the gentleman from Delaware (Mr. Castle), the most
distinguished chairman of the Subcommittee on Education Reform of the
Committee on Education and the Workforce.
Mr. CASTLE. Mr. Speaker, I thank the distinguished gentleman from the
Commonwealth of Pennsylvania for yielding me time.
Mr. Speaker, I am pleased also to support this legislation. When
police arrest children and young adults who shrug off their criminal
acts as a right of passage, our response is often fear and anger. How
can we protect ourselves? How can we make them pay for what they have
done?
Then a secondary, more productive response sets in, how did these
children become settled in lives of delinquency and crime? How can we
intervene to break the link between a single delinquent act and a life
of criminal activity?
Today, after countless hearings and debates, we seek to answer these
questions with a balanced response through H.R. 1900, the Juvenile
Crime Control
[[Page H5762]]
and Delinquency Prevention Act. This act, sponsored by the gentleman
from Pennsylvania (Mr. Greenwood) and the gentleman from Virginia (Mr.
Scott), is a product of extensive negotiations between Members of both
sides of the aisle; and I am pleased that it comes to the floor with
bipartisan support, thanks in large part to the sustained effort of the
bill's authors.
H.R. 1900 recognizes that there are many root causes of crime. When
we examine the lives of our most troubled young adults, we often see
many predictors of their behavior, absent parents and an absence of
safe and enriching places to go after school, among others.
The bill also appreciates the fact that most successful solutions to
juvenile crime are developed at the State and local levels,
encompassing multiple strategies that are put in place according to
specific need of families, neighbors, and communities. In so doing,
H.R. 1900 is flexible enough to fund State and local programs and
services ranging from character education and mental health, to school
violence hot lines.
In addition, H.R. 1900 recognizes that after-school programs give our
most at-risk children a positive alternative to television, drugs, and
crime; and it ensures that funds are available to support these
programs. In this age of dual-income families, roughly 5 million
children come home to an empty house after school. It is, therefore,
not surprising then that juvenile crime increases by 300 percent after
3 p.m. This bill will help change that.
Finally, H.R. 1900 allows States to use their funds to extend the
reach of after-school programs to children in need. As we all know,
children who enjoy the advantages of caring parents and good schools
can just as easily go astray as those who do not.
Many adults in prison today began their criminal careers as youths
and teenagers, and any attempt to reduce crime and its societal cost
must place a high priority on the needs of our young adults.
For 6 years, the gentleman from Pennsylvania (Mr. Greenwood) and the
gentleman from Virginia (Mr. Scott) have worked to create a bipartisan
solution to this difficult problem. This year, I am confident that,
with our support, they will see their bill become law. To that end, I
urge an aye vote.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill is a product of a lot of hard work. We had
leadership from the committee, from the chairman, the gentleman from
Ohio (Mr. Boehner); the subcommittee chairman, the gentleman from
Michigan (Mr. Hoekstra); the gentleman from Delaware (Mr. Castle); and,
our side, from our ranking member of the committee, the gentleman from
California (Mr. George Miller); and the gentleman from Indiana (Mr.
Roemer).
But, more important, Mr. Chairman, we had hard work from our staffs,
Jo-Marie St. Martin, Judy Borger, Bob Sweet, and Krisann Pearce from
the Republican side, and Denise Forte, Maggie McDow, Cheryl Johnson,
and Ruth Friedman from the Democratic side.
I would point out that Judy Borger and Denise Forte spent innumerable
long hours over the last 5 years working on this bill, and they are
really the experts on juvenile justice for the House of
Representatives.
I am particularly pleased, Mr. Speaker, to have worked over those
years with the gentleman from Pennsylvania (Mr. Greenwood). We have had
many long, difficult discussions. This is a very politically charged
issue. Two years ago when we went through this, there were a lot of
provisions put into the bill that his side wanted, but our side did
not; a lot of provisions were put in the bill that our side wanted,
that his side did not; and when we ended up, we had a bill that nobody
wanted and it did not pass.
We focused on those core, important issues. That was very difficult,
and I want to thank the gentleman from Pennsylvania (Mr. Greenwood) for
his hard work and cooperation.
Mr. Speaker, I ask the House approve the bill. It is a product of
very hard work and will help our next generation.
Mr. Speaker I yield back the balance of my time.
Mr. GREENWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me also return the kind word of the gentleman from
Virginia (Mr. Scott). We have worked together long and hard. There were
a dozen issues in which it would have been a relatively easy matter for
us to collapse our negotiations and collapse our talks and walk away
and give up, which is sadly too often what happens in this body.
But each and every time that I went to the gentleman from Virginia
(Mr. Scott) and said we have to work this out, how can we do this, let
us put our heads together, can you yield a little bit here if I yield a
little bit here, can you get your Members to go along with this
compromise if I can get my Members to go along, without exception,
every single time the gentleman from Virginia (Mr. Scott) was there to
do that.
I have made a good friend of one of the best Members of this House,
and I am proud to be associated with the gentleman in this work and
thank him again.
Mr. Speaker, we are at a time of national crisis; and, ultimately,
our success will depend partly upon our superiority when it comes to
technology and to our military equipment. Ultimately, our success over
the coming months and years and decade will be a function of the
character of the American people.
When we talk about the character of the American people, we have to
remember that that means everyone.
{time} 1145
No one can be absent from the national cause to develop the strength
of character and to see us through these dark times and to resecure
America's place in the world.
As a former caseworker who has worked with abused and neglected and
troubled and delinquent children, I know firsthand that what these kids
need more than anything else is adults in their lives who care about
them, who are interested in their future, who believe in them, who have
confidence in them, and who do not throw them away into the dark
dungeons of the juvenile justice system but, in fact, spend time with
them to teach them discipline, to teach them self control, to teach
them about the need to take responsibility for the consequences of
their actions.
I believe that this legislation will promote those efforts in every
State and county in the country so that the young people who find
themselves, generally because of difficulties in their home situation,
with histories of abuse and violence and neglect and terrible home
situations, find themselves in trouble with the law. These provisions
in H.R. 1900, I think, will help these young people become full-fledged
members of society who can contribute to our national security and
well-being, rather than drain resources for important and vital needs.
Again, I thank all of the Members and the staff who have worked on
this. I urge passage of H.R. 1900.
Mr. WU. Mr. Speaker, I rise in support of H.R. 1900, the Juvenile
Justice and Delinquency Prevention Act of 2001. The rise of crime,
particularly violent crime, among our nation's youth is a problem that
affects us all. The downstream result of our action--or inaction--is
tremendous. Today is all about the future. Future generations will be
affected by the actions we take today, and we can choose to either
address the current situation and work for tomorrow, or turn a blind
eye. I believe we must work with our youth to make a brighter future.
I am particularly pleased that the bill before the House today
includes a provision which I wrote to help local schools detain and
monitor, including a psychological evaluation, any student who brings a
gun to school. Recent school tragedies, like the one that took place in
my home State of Oregon, have occurred after a student was sent home
after bringing a gun to school. The Wu provision in the Juvenile
Justice bill will ensure that local schools can provide for immediate
psychological evaluation and follow-up treatment for any juvenile that
brings a gun on school grounds.
By ensuring that local schools will have these students evaluated in
a timely fashion, we are intervening at the right time: before another
tragedy transpires. I believe this provision is in the best spirit of
commonsense and prevention. I want to thank my colleague from Oregon,
Mr. DeFazio, who
[[Page H5763]]
has been very supportive of this amendment. He has toiled very hard on
behalf of his constituents, including those in Springfield, and
deserves to be recognized for his good work. I thank him for his
friendship and counsel.
I thank the Members of the Committee on both sides of the aisle for
their good efforts, and urge all my colleagues to support this
legislation.
Mr. BOEHNER. Mr. Speaker, today we consider legislation to prevent
juvenile crime, while at the same time holding juvenile criminal
offenders accountable for their actions. The Office of Juvenile Justice
and Delinquency Prevention (OJJDP) was created by Congress in 1974 to
help communities and States prevent and control delinquency and to
improve their juvenile justice systems. The nature and extent of
delinquency and abuse have changed considerably since OJJDP was
created, and this reauthorization has taken that into account.
I want to especially thank my colleagues Jim Greenwood and Bobby
Scott for this bipartisan bill. They have worked tirelessly for several
years to craft a bipartisan bill that I believe will provide
flexibility and assistance to States and local communities in
preventing and controlling juvenile crime. And I also want to thank
Chairman Hoekstra and Ranking Member Tim Roemer for the good work they
did in steering this bill through Committee. My thanks to Ranking
Member George Miller who has worked closely with me in bringing this
bill through full Committee and to the Floor for consideration today.
These programs have not been authorized since 1994, although a
similar bill has passed the Congress by overwhelming margins at least
twice since then. This year, I believe we have an opportunity to send
this bill to the President for his signature.
There have been a number of issues that we have included in this bill
that are worthy of note.
The collection of data on the frequency, seriousness, and incidence
of drug use by youth and information on the relationship between
victims and perpetrators of violence; the determination of the type of
weapon used in violent incidents as reported in the FBI's Uniform Crime
Report; the prohibition of the development of any national data base of
personally identifiable information; a prevention block grant that will
give states added flexibility in how they use grant funds to prevent
and control juvenile delinquency; an emphasis on making sure that
juvenile justice programs under this act are proven effective based on
scientifically based research; participation by the State advisory
groups in helping States determine those areas most in need of juvenile
justice system improvements; mentoring and positive youth development
programs; attention to the mental health needs of juvenile offenders;
the development and implementation of character education programs; and
a school violence hotline for students and parents to report
suspicious, violent, or threatening student behavior.
Although violent juvenile crime peaked in 1994 and has declined
almost 36 percent since then, we must not become complacent. The
juvenile justice system, including the courts, face new challenges,
including ways to deal with illegal drug dependence, underage drinking,
youth gangs, violent juvenile offenders, and an increasing number of
female juvenile offenders, just to name a few. We must find solutions
to these new challenges, and the best way to do this is offering
flexibility to those most directly responsible for preventing and
controlling juvenile crime. The reauthorization of the Juvenile Justice
and Delinquency Prevention programs is an important step in providing
this assistance. I urge a favorable vote on this bill today.
Mr. SCHAFFER. Mr. Speaker, I rise today in opposition to HR 1900, the
Juvenile Crime Control and Delinquency Prevention Act of 2001.
Few things are more important than reducing youth violence and
delinquency. If America's children are truly important--and I believe
they are--then we should be prepared to spend whatever it takes, and do
whatever is necessary to help them on their way to full wholesome
participation in American society. Mr. Speaker, I am also convinced
this Congress is capable of accomplishing these important goals. The
political will of the House probably exists. But if it does, we will
not know, because the bill in question betrays our noble intentions
regarding America's youth and the scourge of youth violence.
Mr. Speaker, the current research associated with the subject of HR
1900 provides alarming, overwhelming, irrefutable, and confirmed
evidence that programs undertaken by the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) are a complete waste of taxpayer
dollars, because they cannot be proven to work.
Despite these programs lack of proven effectiveness, the number of
active OJJDP discretionary grants has more than tripled since 1996 (the
time of OJJDP's expiration), and the related funding has almost doubled
to $555 million. Before reauthorizing this questionable program again,
Congress should at least question whether OJJDP programs are a good use
of federal funds. Congress should also devote its energy to ensuring
any and all such programs yield the kinds of results that might inspire
public confidence and ultimately improve the lives of America's youth.
In 1997, the Center for the Study and Prevention of Violence released
Blueprints for Violence Prevention, the most comprehensive review of
juvenile crime prevention programs at that time. The Congress was
referred to this report by the Department of Justice itself during
testimony before the House Committee on Education and the Workforce.
The study contains a scathing review and rather harsh criticism of
various youth justice and delinquency programs. The expository report
filled a void for much-needed research on the ineffectiveness of
violence prevention programs.
The authors of Blueprints surveyed 400 program activities and could
identify only a paltry 10 that met their standards for effectiveness.
The report's analysis pronounced a credible and shocking indictment on
violence prevention programs, stating, ``the vast majority of these
programs are not being evaluated. Worse yet, some of the most popular
programs have actually been demonstrated in careful scientific studies
to be ineffective, and yet we continue to invest huge sums of money in
them for largely political reasons.''
The report goes on to lambaste violence prevention programs further.
``A responsible accounting to the taxpayers, private foundations, or
businesses funding these programs requires that we justify these
expenditures with tangible results. No respectable business or
corporation would invest millions of dollars in an enterprise without
checking to see if it is profitable.''
In the long run, Blueprints found that ``the deterrent effects of
most prevention programs deteriorate quickly once youth leave the
program and return to their original neighborhoods, families, and peer
groups.'' So, unfortunately, even the best violence prevention programs
have little lasting value over time.
Since Blueprints was released in 1997, the Center for the Study and
Prevention of Violence has reviewed 100 additional programs, yet it has
added only one to its list of effective programs. An additional 19
programs have been listed as ``promising.''
Just this past week, I received a briefing on the status of two GAO
reports to be released in October on OJJDP programs. The findings are
not complimentary of the way OJJDP is monitoring and evaluating its
programs. In fact, the reports provide even more compelling evidence
that OJJDP has not responded to 1996 GAO recommendations for better
grant monitoring as the agency pledged it would. Mr. Speaker, why
should anyone expect OJJDP to comply now?
The soon-to-be-released GAO reports show that an incredible 96
percent of the demonstration grants had no documentation showing the
required number of phone contacts had been met, and 88 percent of the
grants had no documentation for the proper number of site visits.
Progress reports did not cover the entire grant period in 56 percent of
the 89 demonstration grant files and 80 percent of the 45 training and
technical assistance grants files. Financial status reports did not
cover the entire grant period in 65 percent of the demonstration grant
files and 60 percent of the 45 training and technical assistance grant
files. According to the GAO, ``Our current observations are similar to
those we reported in May 1996 about the agency's lack of documentation
of its monitoring activities.''
In addition to grant monitoring problems, the GAO has found major
problems in the way OJJDP is evaluating some of its programs for
effectiveness on juvenile attitudes and behavior. A standard component
of good social science research is the inclusion of a control group by
which to compare students in OJJDP programs to those not in the
programs. GAO has found that a significant number of OJJDP impact
evaluations do not include control groups, thus rendering the
evaluations useless and a complete waste of money.
Congress should be alarmed by this information. If OJJDP cannot
determine the effectiveness of its own programs, why should the
American people, especially during a time of resource scarcity,
continue to fund unproven--sometimes dangerous--programs? I submit to
this House, Mr. Speaker, there is no compelling answer.
[[Page H5764]]
In light of the ongoing monitoring and evaluation failures at OJJDP
and the embarrassing lack of evidence for program effectiveness, I
strongly urge my colleagues to join me in opposing H.R. 1900. We should
not continue to fund OJJDP programs to the tune of more than $500
million per year when the programs consistently receive poor marks for
effectiveness and the research shows no progress toward actually making
an appreciable difference in the lives of America's youth.
To pass this legislation is to perpetrate great harm upon America's
youth and a cruel hoax upon those who expect this Congress to act in a
compassionate, responsible manner toward the provision of suitable
guidance for troubled young citizens. On the contrary, Congress owes
our youngest Americans more than the hollow effort, and the sinister
gesture that the research reveals HR 1900 to be.
Mr. Speaker, this House should instead act in a dignified way by
rejecting this bill in deference to a more serious effort to
restructure the Nation's juvenile justice programs in a way that will
work. This House should insist that the efforts of the federal
bureaucracy reflect the higher value of America's young citizens. We
should be prepared to spend whatever it takes, and devote as much as we
can for the legitimate improvement of American society.
Unfortunately, Mr. Speaker, HR 1900 only perpetuates the bad habits
of an uncaring and unproven bureaucracy and it abandons the very
children in whose name this poor legislation is deceivingly cloaked.
Mr. GREENWOOD. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Whitfield). The question is on the
motion offered by the gentleman from Pennsylvania (Mr. Whitfield) that
the House suspend the rules and pass the bill, H.R. 1900, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________