[Congressional Record Volume 147, Number 139 (Tuesday, October 16, 2001)]
[House]
[Pages H6808-H6813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2001
Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 863) to provide grants to ensure increased
accountability for juvenile offenders, as amended.
The Clerk read as follows:
H.R. 863
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consequences for Juvenile
Offenders Act of 2001''.
SEC. 2. GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to
read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to
provide grants to States, for use by States and units of
local government, and in certain cases directly to specially
qualified units.
``(b) Authorized Activities.--Amounts paid to a State or a
unit of local government under this part shall be used by the
State or unit of local government for the purpose of
strengthening the juvenile justice system, which includes--
``(1) developing, implementing, and administering graduated
sanctions for juvenile offenders;
``(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities;
``(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services (including mental health screening and
assessment) for juvenile offenders, to promote the effective
and expeditious administration of the juvenile justice
system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and
case backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and
for technology, equipment, and training to assist prosecutors
in identifying and expediting the prosecution of violent
juvenile offenders;
``(6) establishing and maintaining training programs for
law enforcement and other court personnel with respect to
preventing and controlling juvenile crime;
``(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
``(8) establishing drug court programs for juvenile
offenders that provide continuing judicial supervision over
juvenile offenders with substance abuse problems and the
integrated administration of other sanctions and services for
such offenders;
``(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
``(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile and
criminal justice systems, schools, and social services
agencies to make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or
criminal acts;
``(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who
are referred by law enforcement personnel or agencies;
``(12) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that
facilitate the effective early intervention and the provision
of
[[Page H6809]]
comprehensive services, including mental health screening and
treatment and substance abuse testing and treatment to such
offenders;
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety;
``(14) establishing and maintaining restorative justice
programs;
``(15) establishing and maintaining programs to enable
juvenile courts and juvenile probation officers to be more
effective and efficient in holding juvenile offenders
accountable and reducing recidivism; or
``(16) hiring detention and corrections personnel, and
establishing and maintaining training programs for such
personnel to improve facility practices and programming.
``(c) Definition.--For purposes of this section, the term
`restorative justice program' means a program that emphasizes
the moral accountability of an offender toward the victim and
the affected community, and may include community reparations
boards, restitution (in the form of monetary payment or
service to the victim or, where no victim can be identified,
service to the affected community), and mediation between
victim and offender.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant
under this section, a State shall submit to the Attorney
General an application at such time, in such form, and
containing such assurances and information as the Attorney
General may require by guidelines, including--
``(1) information about--
``(A) the activities proposed to be carried out with such
grant; and
``(B) the criteria by which the State proposes to assess
the effectiveness of such activities on achieving the
purposes of this part; and
``(2) assurances that the State and any unit of local
government to which the State provides funding under section
1803(b), has in effect (or shall have in effect, not later
than 1 year after the date that the State submits such
application) laws, or has implemented (or shall implement,
not later than 1 year after the date that the State submits
such application) policies and programs, that provide for a
system of graduated sanctions described in subsection (c).
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State--
``(A) information about--
``(i) the activities proposed to be carried out with such
subgrant; and
``(ii) the criteria by which the unit proposes to assess
the effectiveness of such activities on achieving the
purposes of this part; and
``(B) such assurances as the State shall require, that, to
the maximum extent applicable, the unit of local government
has in effect (or shall have in effect, not later than 1 year
after the date that the unit submits such application) laws,
or has implemented (or shall implement, not later than 1 year
after the date that the unit submits such application)
policies and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
``(c) Graduated Sanctions.--A system of graduated
sanctions, which may be discretionary as provided in
subsection (d), shall ensure, at a minimum, that--
``(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(d) Discretionary Use of Sanctions.--
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if--
``(A) its system of graduated sanctions is discretionary;
and
``(B) it demonstrates that it has promoted the use of a
system of graduated sanctions by taking steps to encourage
implementation of such a system by juvenile courts.
``(2) Reporting requirement if graduated sanctions not
used.--
``(A) Juvenile courts.--A State or unit of local government
in which the imposition of graduated sanctions is
discretionary shall require each juvenile court within its
jurisdiction--
``(i) which has not implemented a system of graduated
sanctions, to submit an annual report that explains why such
court did not implement graduated sanctions; and
``(ii) which has implemented a system of graduated
sanctions but has not imposed graduated sanctions in all
cases, to submit an annual report that explains why such
court did not impose graduated sanctions in all cases.
``(B) Units of local government.--Each unit of local
government, other than a specially qualified unit, that has 1
or more juvenile courts that use a discretionary system of
graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the State each year.
``(C) States.--Each State and specially qualified unit that
has 1 or more juvenile courts that use a discretionary system
of graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the Attorney General
each year. A State shall also collect and submit to the
Attorney General the information collected under subparagraph
(B).
``(e) Definitions.--For purposes of this section:
``(1) The term `discretionary' means that a system of
graduated sanctions is not required to be imposed by each and
every juvenile court in a State or unit of local government.
``(2) The term `sanctions' means tangible, proportional
consequences that hold the juvenile offender accountable for
the offense committed. A sanction may include counseling,
restitution, community service, a fine, supervised probation,
or confinement.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate--
``(A) 0.50 percent for each State; and
``(B) of the total funds remaining after the allocation
under subparagraph (A), to each State, an amount which bears
the same ratio to the amount of remaining funds described in
this subparagraph as the population of people under the age
of 18 living in such State for the most recent calendar year
in which such data is available bears to the population of
people under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or
by the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.--
``(1) In general.--Except as provided in paragraph (2),
each State which receives funds under subsection (a)(1) in a
fiscal year shall distribute among units of local government,
for the purposes specified in section 1801, not less than 75
percent of such amounts received.
``(2) Waiver.--If a State submits to the Attorney General
an application for waiver that demonstrates and certifies to
the Attorney General that--
``(A) the State's juvenile justice expenditures in the
fiscal year preceding the date in which an application is
submitted under this part (the `State percentage') is more
than 25 percent of the aggregate amount of juvenile justice
expenditures by the State and its eligible units of local
government; and
``(B) the State has consulted with as many units of local
government in such State, or organizations representing such
units, as practicable regarding the State's calculation of
expenditures under subparagraph (A), the State's application
for waiver under this paragraph, and the State's proposed
uses of funds,
the percentage referred to in paragraph (1) shall equal the
percentage determined by subtracting the State percentage
from 100 percent.
``(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units of
local government an amount which bears the same ratio to the
aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) three-quarters; multiplied by
``(II) the average juvenile justice expenditure for such
unit of local government for the 3 most recent calendar years
for which such data is available; plus
``(ii) the product of--
``(I) one-quarter; multiplied by
``(II) the average annual number of part 1 violent crimes
in such unit of local government for the 3 most recent
calendar years for which such data is available, bears to--
``(B) the sum of the products determined under subparagraph
(A) for all such units of local government in the State.
``(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice
expenditures of the unit for such payment period.
``(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
``(c) Unavailability of Data for Units of Local
Government.--If the State has reason to believe that the
reported rate of part 1 violent crimes or juvenile justice
expenditures for a unit of local government is insufficient
or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than
$10,000.--If under this section a unit of local government is
allocated less
[[Page H6810]]
than $10,000 for a payment period, the amount allotted shall
be expended by the State on services to units of local
government whose allotment is less than such amount in a
manner consistent with this part.
``(e) Direct Grants to Specially Qualified Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of
the allocation that the State would have received under
subsection (a) for such fiscal year to provide grants to
specially qualified units which meet the requirements for
funding under section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units
the Attorney General may use the average amount allocated by
the States to units of local government as a basis for
awarding grants under this section.
``SEC. 1804. GUIDELINES.
``(a) In General.--The Attorney General shall issue
guidelines establishing procedures under which a State or
specially qualified unit of local government that receives
funds under section 1803 is required to provide notice to the
Attorney General regarding the proposed use of funds made
available under this part.
``(b) Advisory Board.--The guidelines referred to in
subsection (a) shall include a requirement that such eligible
State or unit of local government establish and convene an
advisory board to review the proposed uses of such funds. The
board shall include representation from, if appropriate--
``(1) the State or local police department;
``(2) the local sheriff's department;
``(3) the State or local prosecutor's office;
``(4) the State or local juvenile court;
``(5) the State or local probation office;
``(6) the State or local educational agency;
``(7) a State or local social service agency;
``(8) a nonprofit, nongovernmental victim advocacy
organization; and
``(9) a nonprofit, religious, or community group.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay,
to each State or specially qualified unit of local government
that receives funds under section 1803 that has submitted an
application under this part, the amount awarded to such State
or unit not later than the later of the following two dates:
``(1) 180 days after the date that the amount is available.
``(2) The first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c).
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts awarded under this
part, a State or specially qualified unit shall repay to the
Attorney General, before the expiration of the 36-month
period beginning on the date of the award, any amount that is
not expended by such State or unit.
``(2) Extension.--The Attorney General may adopt policies
and procedures providing for a one-time extension, by not
more than 12 months, of the period referred to in paragraph
(1).
``(3) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(4) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States
and specially qualified units.
``(c) Administrative Costs.--A State or unit of local
government that receives funds under this part may use not
more than 5 percent of such funds to pay for administrative
costs.
``(d) Nonsupplanting Requirement.--Funds made available
under this part to States and units of local government shall
not be used to supplant State or local funds as the case may
be, but shall be used to increase the amount of funds that
would, in the absence of funds made available under this
part, be made available from State or local sources, as the
case may be.
``(e) Matching Funds.--
``(1) In general.--The Federal share of a grant received
under this part may not exceed 90 percent of the total
program costs.
``(2) Construction of facilities.--Notwithstanding
paragraph (1), with respect to the cost of constructing
juvenile detention or correctional facilities, the Federal
share of a grant received under this part may not exceed 50
percent of approved cost.
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may
be used by a State or unit of local government that receives
a grant under this part to contract with private, nonprofit
entities, or community-based organizations to carry out the
purposes specified under section 1801(b).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State or specially qualified unit that
receives funds under this part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any
extension of that period under section 1805(b)(2);
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports
required under this part; and
``(4) spend the funds only for the purpose of strengthening
the juvenile justice system.
``(b) Title I Provisions.--Except as otherwise provided,
the administrative provisions of part H shall apply to this
part and for purposes of this section any reference in such
provisions to title I shall be deemed to include a reference
to this part.
``SEC. 1808. ASSESSMENT REPORTS.
``(a) Reports to Attorney General.--
``(1) In general.--Except as provided in paragraph (4), for
each fiscal year for which a grant or subgrant is awarded
under this part, each State or specially qualified unit of
local government that receives such a grant shall submit to
the Attorney General a grant report, and each unit of local
government that receives such a subgrant shall submit to the
State a subgrant report, at such time and in such manner as
the Attorney General may reasonably require.
``(2) grant report.--Each grant report required by
paragraph (1) shall include--
``(A) a summary of the activities carried out with such
grant;
``(B) if such activities included any subgrant, a summary
of the activities carried out with each such subgrant; and
``(C) an assessment of the effectiveness of such activities
on achieving the purposes of this part.
``(3) subgrant report.--Each subgrant report required by
paragraph (1) shall include--
``(A) a summary of the activities carried out with such
subgrant; and
``(B) an assessment of the effectiveness of such activities
on achieving the purposes of this part.
``(4) Waivers.--The Attorney General may waive the
requirement of an assessment in paragraph (2)(C) for a State
or specially qualified unit of local government, or in
paragraph (3)(B) for a unit of local government, if the
Attorney General determines that--
``(A) the nature of the activities are such that assessing
their effectiveness would not be practical or insightful;
``(B) the amount of the grant or subgrant is such that
carrying out the assessment would not be an effective use of
those amounts; or
``(C) the resources available to the State or unit are such
that carrying out the assessment would pose a financial
hardship on the State or unit.
``(b) Reports to Congress.--Not later than 90 days after
the last day of each fiscal year for which 1 or more grants
are awarded under this part, the Attorney General shall
submit to the Congress a report, which shall include--
``(1) a summary of the information provided under
subsection (a);
``(2) an assessment by the Attorney General of the grant
program carried out under this part; and
``(3) such other information as the Attorney General
considers appropriate.
``SEC. 1809. TRIBAL GRANT PROGRAM.
``(a) In General.--From the amount made available under
section 1811(b), the Attorney General shall make grants to
Indian tribes, or consortia of such tribes, for programs to
strengthen tribal juvenile justice systems and to hold tribal
youth accountable.
``(b) Eligibility.--To be eligible to receive grant amounts
under this section, an Indian tribe or consortia of such
tribes--
``(1) must carry out tribal juvenile justice functions; and
``(2) shall submit to the Attorney General an application
at such time, in such form, and containing such assurances
and information as the Attorney General may require by
guidelines.
``(c) Competitive Awards.--The Attorney General shall award
grants under this section on a competitive basis.
``(d) Guidelines.--In issuing guidelines to carry out this
section, the Attorney General shall ensure that the
application for, award of, and use of grant amounts under
this section are consistent with the purposes and
requirements of this part.
``(e) Definition.--For purposes of this section, the term
`Indian tribe' has the meaning given such term in section 102
of the Federally Recognized Indian Tribe List Act of 1994 (42
U.S.C. 479a).
``SEC. 1810. DEFINITIONS.
``For purposes of this part:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for
general statistical purposes;
``(B) any law enforcement district or judicial enforcement
district that--
``(i) is established under applicable State law; and
``(ii) has the authority, in a manner independent of other
State entities, to establish a budget and raise revenues; and
``(C) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
``(2) The term `specially qualified unit' means a unit of
local government which may receive funds under this part only
in accordance with section 1803(e).
[[Page H6811]]
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that--
``(A) the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands (the `partial States') shall
collectively be considered as 1 State; and
``(B) for purposes of section 1803(a), the amount allocated
to a partial State shall bear the same proportion to the
amount collectively allocated to the partial States as the
population of the partial State bears to the collective
population of the partial States.
``(4) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `juvenile justice expenditures' means
expenditures in connection with the juvenile justice system,
including expenditures in connection with such system to
carry out--
``(A) activities specified in section 1801(b); and
``(B) other activities associated with prosecutorial and
judicial services and corrections as reported to the Bureau
of the Census for the fiscal year preceding the fiscal year
for which a determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``SEC. 1811. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 2002;
``(2) $500,000,000 for fiscal year 2003; and
``(3) $500,000,000 for fiscal year 2004.
``(b) Tribal Set-Aside.--Of the amount appropriated
pursuant to subsection (a), 2 percent shall be made available
for grants under section 1809.
``(c) Oversight Accountability and Administration.--Of the
amount authorized to be appropriated under subsection (a),
there shall be available to the Attorney General, for each of
the fiscal years 2002 through 2004 (as applicable), to remain
available until expended--
``(1) not more than 2 percent of that amount, for research,
evaluation, and demonstration consistent with this part;
``(2) not more than 2 percent of that amount, for training
and technical assistance; and
``(3) not more than 1 percent, for administrative costs to
carry out the purposes of this part.
The Attorney General shall establish and execute an oversight
plan for monitoring the activities of grant recipients.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect on the
first day of the first fiscal year that begins after the date
of the enactment of this Act.
SEC. 4. TRANSITION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANTS PROGRAM.
For each grant made from amounts made available for the
Juvenile Accountability Incentive Block Grants program (as
described under the heading ``VIOLENT CRIME REDUCTION
PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE'' in the
Department of Justice Appropriations Act, 2000 (as enacted by
Public Law 106-113; 113 Stat. 1537-14)), the grant award
shall remain available to the grant recipient for not more
than 36 months after the date of reciept of the grant.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on H.R. 863, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, today the House considers a bipartisan bill designed
to improve the juvenile justice system in America. H.R. 863, as
amended, was favorably reported out of the Committee on the Judiciary
by voice vote.
The bill authorizes the Department of Justice to award up to $500
million a year for the next 3 fiscal years to States and localities
that agree to implement a system of graduated sanctions for juvenile
delinquency. Such a system imposes sanctions on juvenile offenders for
every delinquent act they commit, from the very first act, and
increases the intensity of the sanctions with the severity of the
offense.
This bill would replace the current unauthorized block grant program
that was created in the fiscal year 1999 appropriation bill for the
Departments of Commerce, Justice and State. The block grant program of
H.R. 863 is more flexible for the States than the current unauthorized
grant program. This bill does not require a grant recipient to spend a
certain percentage of the funds on specified purposes. This is not a
one-size-fits-all program. Rather, the States that qualify by
implementing graduated sanctions may use the grant money where they
need it to improve their juvenile justice systems.
Further, the new block grant programs would not place a mandate on
the States. A State or locality may qualify even if its system of
graduated sanctions is discretionary. However, those juvenile courts
that do not impose graduated sanctions must report at least annually to
the applicable State or locality as to why graduated sanctions were not
imposed in all such cases.
This bill affords States and localities the flexibility and
discretion necessary to improve their juvenile justice systems.
Madam Speaker, I urge my colleagues to support this bill.
Madam Speaker, I reserve the balance of my time.
Mr. SCOTT. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 863, the Consequences for
Juvenile Offenders Act of 2001. I am a cosponsor of this bill, along
with the subcommittee chairman for the Subcommittee on Crime, the
gentleman from Texas (Mr. Smith), and in fact all of the members of the
Subcommittee on Crime on both sides of the aisle are cosponsors of the
bill.
This bill is essentially identical to the original H.R. 1501
coauthored by the former member from Florida who was then the chairman
of the Subcommittee on Crime, Mr. McCollum, and myself in the 106th
Congress which was also cosponsored by all members of the subcommittee.
Although that bill was passed by both the House and the Senate, so many
contentious amendments were added during floor consideration of the
bill, it could not pass out of conference.
I hope that we can avoid the fate of H.R. 1501 by working together to
keep intact the strong bipartisan support the bill now enjoys among
Committee on the Judiciary members, juvenile advocates, practitioners,
researchers, judges, public officials and others.
We have not always experienced such bipartisan cooperation on
juvenile justice issues in Congress. In the 105th Congress, we debated
the Violent Youth Predator Act which focused on tough-sounding, poll-
tested slogans and sound bites which were more focused on political
campaigns than the reduction of juvenile crime and delinquency.
All too often in dealing with the issue of crime, we rush to codify
the best sound bites. For example, ``You do the adult crime, you do the
adult time.'' That slogan is used to justify trying sixth graders in
adult criminal court, when research shows us that codifying that sound
bite will actually reduce the severity of the punishment and increase
future crimes.
We also have ``Three strikes and you're out,'' a baseball slogan used
to justify keeping frail, 80-year-old offenders in prison way beyond
the point where they pose any threat to society.
I am pleased to support the legislation before us today which is not
based on slogans and sound bites, but instead upon the considered
advice of juvenile judges, researchers and practitioners. The
components of the bill came out of hearings in which we listened to the
advice of juvenile justice researchers and experts. They were unanimous
that rather than moving children out of the juvenile system into the
adult system, more resources were needed in the juvenile system for
appropriate, individually tailored responses that allowed a broader
range of services or sanctions than the traditional limitations of
either probation or incarceration.
We received the same advice from witnesses who appeared before the
bipartisan Task Force on Youth Violence, which was appointed by the
Speaker, the gentleman from Illinois (Mr. Hastert) and the minority
leader, the gentleman from Missouri (Mr. Gephardt).
{time} 1600
In keeping with recommendations from these expert witnesses, the bill
[[Page H6812]]
before us today provides resources to be used to hold juvenile
offenders accountable for their actions and to adequately address their
need for services, starting with an appropriate response when the
delinquent offense first occurs and escalating the level of response
upon any succeeding offense, until the problem is eliminated.
Appropriate responses could consist of punishment, family or individual
counseling, drug treatment or other assistance appropriate for the
individual case, and the services and sanctions need to be imposed on
the first offense. We should not wait until the third, fourth, or fifth
offense before we pay any attention to the problem.
Mr. Speaker, I am pleased to recommend H.R. 863 to my colleagues. Not
only is it a model bill in that it takes the advice of experts from a
broad array of political and philosophical views, but also because of
the model process through which it was developed. From the outset,
members from both sides of the aisle on the subcommittee as well as the
full committee agreed to withhold amendments which did not gain
consensus in order to move forward on the points on which there was
consensus. So while the bill does not contain everything that everybody
wanted, it does contain enough provisions that are valuable for
juveniles and the juvenile justice system.
I am pleased to support this bipartisan bill. I ask my colleagues to
vote in favor of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the distinguished gentleman from Texas (Mr. Smith), the subcommittee
chair, for an un-sound byte.
Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the
Committee on the Judiciary for yielding time again.
Mr. Speaker, I introduced H.R. 863, the Consequences for Juvenile
Offenders Act of 2001, along with the ranking member of the
Subcommittee on Crime, the gentleman from Virginia (Mr. Scott), who
just finished speaking. All other members of the subcommittee have also
cosponsored this legislation. The legislation is needed because
juvenile justice experts have recommended that juvenile justice systems
pay more attention to young offenders earlier in the system. H.R. 863
would do that by responding to juvenile wrongdoing with graduated
sanctions.
The bill authorizes $1.5 billion for the Justice Department to make
grants to State and local governments to improve their juvenile justice
system. States and localities qualify for the grant funds if they have
implemented or agree to implement a system of graduated sanctions for
juvenile offenders within 1 year of applying for those funds.
Graduated sanctions are designed to break the cycle of delinquency
that often leads juveniles to more serious crimes later on in their
lives. This bill encourages our juvenile justice system to focus on
juvenile offenders from the beginning, rather than after the sixth or
seventh offense. With this approach, we hope to ensure that juvenile
offenders learn that there are consequences to their actions each time
they commit a crime.
In addition to providing incentives for implementing graduated
sanctions, this bill provides States and localities with discretion in
determining how best to spend the grant money to improve their juvenile
justice systems.
Mr. Speaker, I urge my colleagues to support the bill.
Mr. SCOTT. Mr. Speaker, I yield such time as he may consume to the
gentleman from Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. I thank the gentleman for yielding me this time.
Mr. Speaker, this bill is an example of what can be accomplished when
we get down to business and become serious and forget about sound
bytes. This bill will truly make a difference. It is going to work. I
am confident that it will reduce violence in this country.
I spent some 20 years of my life prosecuting some of the most violent
criminals anywhere, and I know there are not any simple answers. There
are no quick fixes. There are no panaceas. But this bill works because
it relies upon people who do have the answers, the people in the
community who understand the problems.
Unlike some bills that we have considered in the past, this
legislation does not dictate policy from Washington. It embraces and
supports broad-based, comprehensive local strategies that have proven
to be effective and that work in the real world.
Let me give my colleagues an example. Boston, Massachusetts, the
capital city of my home State, like other cities, experienced a
dramatic decrease in gang violence thanks to a balanced strategy of
prevention, intervention, and enforcement. That strategy worked because
everyone in the community at large was engaged, police, prosecutors,
probation officers, correction officials, youth and social service
personnel, teachers, judges, you name it, everybody was involved.
Under some of the legislation that was considered previously, Boston
would not have even qualified for a grant, and few if any States would.
Under this bill, Boston and other cities will qualify for the money
they need to continue the critical work and the effective work that
they have been doing.
These cities like Boston, like other communities throughout the
country, do not need us here in Washington to tell them how to reduce
violence. As I said, they have the answers themselves. What they need
is a serious, substantial Federal investment in juvenile crime
prevention. And what they need is our commitment to provide them with
the resources that they do need. This bill does that.
Let me conclude by congratulating the chair of the subcommittee, the
gentleman from Texas (Mr. Smith). Let me congratulate the chair of the
full committee, the gentleman from Wisconsin (Mr. Sensenbrenner), who,
over the course of the past several weeks, has done much to diminish
the so-called divisiveness that characterized the Committee on the
Judiciary. This truly is an outstanding product, one that we can all be
proud of, but I want to make particular mention of my friend and
colleague, the ranking member of the Subcommittee on Crime, the
gentleman from Virginia (Mr. Scott), whose sheer persistence and
dedication and passion for this issue is reflected in this particular
product; and one that he should be particularly proud of.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
I would like to thank the gentleman from Massachusetts for his kind
words. He is a former prosecutor and a very important member of the
Committee on the Judiciary. I thank him for his words. I also want to
thank the chairman of the subcommittee, the gentleman from Texas (Mr.
Smith), and the chairman of the full committee, the gentleman from
Wisconsin (Mr. Sensenbrenner), and the ranking member of the committee,
the gentleman from Michigan (Mr. Conyers), for their leadership in
developing this bill. I would also want to point out, Mr. Speaker, that
the bill could not have been formulated and brought to us today without
the hard work of staff people, such as Bobby Vassar and Beth Sokul.
Without their hard work, dedication, and ability to work together
across the aisle, this bill never could have been developed.
Mr. Speaker, I urge my colleagues to vote for the bill.
Mr. CONYERS. Mr. Speaker, over the last several Congresses, we've
debated the get-tough approach versus the prevention and treatment
approach to addressing juvenile crime. This measure reflects the advice
of the researchers and expert practitioners who are unanimous on the
point that more resources are needed for appropriate individually
tailored responses to juvenile crime. The measure before us is not a
one-size-fits-all approach but a substantive bipartisan approach that
actually will reduce crime and delinquency where it occurs, and that's
why we all support it.
However, my view is that juvenile justice is also about gun safety. I
understand clearly that the sponsors of the bill have valid concerns
that introducing the issue of gun violence into the debate would foster
differences of view and jeopardize good legislation. They are correct
that the Republican leadership bottled up this bill in a conference
committee last year largely in an effort, I am told, to avoid
addressing gun violence.
But I believe that preventing juvenile crime is about thwarting easy
access to guns, just as much as it is about prevention programs and
services for at-risk youth. Ten children a day are killed by gun
violence. The shooters at Columbine High School were provided a
[[Page H6813]]
gun largely because of the lack of any background check by licensed
sellers at gun shows. We continue to witness unspeakable horrors every
week as children open fire on their classmates. You all read and see
them weekly.
The Nation stands ready to require a child safety lock on every gun.
I think most Members of Congress are ready as well. But the Congress
ignores the cries of the children and their parents.
I know that the National Rifle Association's publicity machines have
been spinning in high gear since the election to perpetuate the myth
that gun safety is a losing political issue. The facts are, of course,
that the NRA targeted countless House and Senate seats and lost nearly
every single one. So gather your courage, my colleagues. Bit by bit,
the tide is turning.
Governor Pataki of New York has proposed far more ambitious gun
safety measures that those that were bottled up by the Republican
leadership this year. Senators McCain and Lieberman are attempting to
find common ground on this issue as we speak. But regardless of the
politics, I and others feel that we cannot back down on this issue
because it is the logical and correct position to take, and if we
really do not want to leave any child behind, we cannot allow so many
children to be killed in senseless and preventable acts of gun
violence. Too many families have lived through this unthinkable
experience of burying their own children for us not to act.
I would like to continue to work with the gentleman from Virginia
(Mr. Scott) on other solutions to juvenile crime such as the moderate
measures passed by the Senate in the last Congress, the gun show
background checks, child safety locks, a ban on the importation of
large-capacity ammunition clips and a juvenile Brady. Let's all stay
tuned for further complimentary support to this excellent measure
before us.
Mr. KUCINICH. Mr. Speaker, I rise in support of H.R. 863,
Consequences for Juvenile Offenders Act. In particular, I am pleased
that funding under the Juvenile Accountability Block Grant program can
be used for maintaining juvenile record systems to promote public
safety and to establish interagency information-sharing programs.
However, I not only support establishing a juvenile recordkeeping
system, but I encourage States to develop an automated system of
records.
Last Congress I offered an amendment to the Juvenile Justice bill to
assist States in compiling the records of juvenile and establishing
statewide computer systems for their records. States would then have
the option of making the information available to the Federal Bureau of
Investigation and law enforcement authorities from other States. This
amendment was endorsed by the Fraternal Order of Police. My amendment
was accepted.
The need for improved recordkeeping systems on violent juveniles is
illustrated by a tragic story from my district. A Cleveland police
detective, Robert Clark, was killed in July 1998 while attempting to
arrest a drug dealer. The individual who shot Detective Clark had
accumulated a considerable criminal record between Ohio and Florida.
Although he was only 19 years old at the time of the shooting, he had
been arrested 150 times since the age of 8. There had been 62 felony
charges against him between 1995 and 1998. He was arrested on yet
another offense the night before he killed Detective Clark, but because
law enforcement officers in Cleveland were unaware of his extensive
criminal record as a juvenile he was released from custody. Had an
automated records system been in place when he first appeared before a
juvenile court in Ohio, law enforcement officials in Ohio would have
had access to his extensive criminal record in Florida and the tragic
death of Detective Clark could have been prevented.
I urge the conferees to give attention to this important issue. The
information shared through the creation of an automated juvenile
recordkeeping system will stop crime and save lives.
Mr. SCHIFF. Mr. Speaker, I am pleased to support the bill before us
today because it allows states and localities to develop programs on
juvenile justice, according to the needs of their own communities. It
is a credit to Crime Subcommittee Chairman Lamar Smith and Ranking
Member Bobby Scott that we were able to improve this bill with an
amendment I offered in Committee. The amendment requires a strong
assessment component to any program funded by this bill.
My amendment requires all applicants to provide information up front
detailing how they will evaluate the success of their program. It
requires an assessment to be undertaken at appropriate intervals (each
year). These assessment will be submitted by the states or localities
to the Department of Justice. The Attorney General could waive this
requirement if an assessment would not be practical (i.e. building a
facility) or if an assessment requirement would prove to be cost
prohibitive. From these assessments, the Attorney General would submit
a report to Congress on the progress of funded programs. The funding
for these assessments comes out of their existing grant money, but I'm
sure you would agree that is it important to be able to identify any
unsuccessful program.
As a former federal prosecutor, I have seen the successes and
failures of programs designed to improve the juvenile justice system.
It is critical that we evaluate programs we fund to ensure their
effectiveness in achieving their stated goals.
I urge my colleagues to support this bill. And I again want to
commend the Leadership of both parties for bringing this bill before us
today.
Mr. SCOTT. Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Quinn). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the bill, H.R. 863, 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.
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