[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[Senate]
[Pages S5755-S5768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WARNER (for himself and Mr. Webb):
S. 3147. A bill to authorize the State of Virginia to petition for
authorization to conduct natural gas exploration and drilling
activities in the coastal zone of the State; to the Committee on Energy
and Natural Resources.
Mr. WARNER. Mr. President, I join those today who are addressing the
issue of the energy problems that are facing our country today.
I commend the President of the United States today with regard to the
offshore drilling decision that he has made, and prior thereto the
indication by Senator McCain as to his initiatives that he will take,
in due course, I hope.
But we have to focus on not only the long picture, I will address
that momentarily, but what we can do now, what we can do today and
tomorrow to help alleviate the many hardships that this price
structure--which none of us really envisioned--this price structure is
inflicting on the American families today.
I was very proud to submit a resolution to this Senate on May 22,
2008, joined by a number of colleagues and cosponsors. I would like to
once again read this short resolution in which the Senate spoke with
regard to this issue about steps that could be taken now to help lessen
the demand every day for the need of gasoline.
On May 22 the Senate said as follows:
S. Res. 577
Whereas each day, as Americans contend with rising gasoline
prices, personal stories reflect the ways in which--
(1) family budgets are suffering; and
(2) the cost of gasoline is impacting the way Americans
cope with that serious problem in family and work
environments;
Whereas, as a consequence of economic pressures, Americans
are finding ways to reduce consumption of gasoline, such as--
(1) driving less frequently;
(2) altering daily routines; and
(3) even changing family vacation plans;
Whereas those conservation efforts bring hardships but save
funds that can be redirected to meet essential family needs;
Whereas, just as individuals are reducing energy
consumption, the Federal Government, including Congress,
should take steps to conserve energy;
Whereas a Government-wide initiative to conserve energy
would send a signal to Americans that the Federal
Government--
(1) recognizes the burdens imposed by unprecedented energy
costs; and
(2) will participate in activities to reduce energy
consumption; and
Whereas an overall reduction of gasoline consumption by the
Federal Government by even a few percentage points would send
a strong signal that, as a nation, the United States is
joining to conserve energy: Now, therefore, be it
Resolved, That it is the sense of the Senate that the
President should require all Federal departments and agencies
to take initiatives to reduce daily consumption of gasoline
and other fuels by the departments and agencies.
That is the end of the sense-of-the-Senate resolution.
I ask unanimous consent to have printed in the Record at the
conclusion of my remarks a letter that I wrote to the President a few
days earlier, on May 16, addressing this very issue.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. WARNER. That is a short step. But I do wish to refer to the
future.
As noted earlier, the President has made his announcement this
morning. But I would like to welcome him to this decisionmaking now to
go to offshore drilling. With due respect to the Presiding Officer, we
have different views expressed here a few moments ago. I want to go
back over the history of this Senator, working with many others, on
this issue of drilling offshore.
First, during the debate on the Energy Policy Act of 2005, H.R. 6, I
attempted to offer an amendment that sought to allow States to opt out
of the Federal moratorium on offshore drilling. I was joined by
Senators Alexander and Voinovich in that effort. Unfortunately, due to
opposition to my proposal and the threat that my amendment would or
could doom the whole bill, I withdrew the amendment, out of recognition
of the hard work done by the managers.
But at that time, I warned my colleagues, and I said, standing at
this very seat: I regret to predict this, but I see nothing but danger
signs with regard to worldwide energy consumption and the predicament
facing the United States of America.
That was over 2\1/2\ years ago that I so stated my concerns and also
indicated that I wanted to support the move toward offshore drilling.
So I regret that prediction of some years ago is now coming true.
Later, in 2005, I came to the floor for a second time in an attempt
to push forward legislation that would allow States to opt out of the
Federal moratorium. This legislation, known as the Outer Continental
Shelf Revenue Sharing Act of 2005, S. 1810, was introduced 6 weeks
after the devastating effects of Hurricane Katrina.
I remind my colleagues that at the time, it was shockingly clear how
vulnerable and how fragile our Nation's energy infrastructure,
especially our oil and gas infrastructure, was to such a terrible
disaster. Every American felt the effects of this terrible hurricane at
the gas pump.
Again, however, no action was taken on my bill. But I did not give
up. Less than 6 months later I came to the floor again, this time with
my colleagues, Senators Allen, Talent, and Santorum, all three no
longer Members of our Senate, and also Senator Mark Pryor, who very
much is a Member of our Senate today, to address this issue.
We introduced the Reliable and Affordable Natural Gas Energy Reform
Act of 2006, S. 2290. The bill sought to amend the Outer Continental
Shelf Lands Act to allow coastal States to share in qualified OCS
revenues should they choose, as States, to allow the exploration for
natural gas only.
S. 2290 would have allowed a State to lift the moratorium and share
in OCS revenues should their Governor successfully petition to allow
drilling for natural gas off their coasts.
Again, no action was taken on this bill.
Finally, I came to the Senate floor last June, a year ago this month,
when gas prices were almost $1 lower than they are today, to offer,
once again, an amendment on this subject. Specifically, my amendment
would have allowed the Commonwealth of Virginia to explore for natural
gas off its shores, a step already approved by the Governor of Virginia
and our State legislature. If a natural gas reserve was found, the
Governor, with the support of the State legislature, could have
petitioned the Secretary of Interior to allow for the extraction of
natural gas off the shores of Virginia. Furthermore, my amendment gave
a voice in the process to the Secretary of Defense and to Virginia's
neighboring States. I even set up a fund that would have provided money
for environmental damage mitigation. Again, due to the opposition from
some of my fellow Senators, my amendment was unsuccessful, failing 43-
44, and today we continue to suffer from soaring energy prices. But I
will never give up; never, never, never will I give up.
It is my firm belief that America must take a balanced approach
toward its energy policy. That is why, for the Memorial Day recess, I
joined the chairman of the Energy and Natural Resources Committee in
submitting and adopting the sense-of-the-Senate resolution I just read.
And that is why today I send to the desk and file a bill in keeping
with
[[Page S5756]]
those who want to do offshore drilling. It is virtually identical to
ones I have been submitting for nearly 3 years.
Mr. President, I am very privileged to be joined in this effort to
have offshore drilling off the State of Virginia by my distinguished
colleague, Senator Webb, who wishes to be a cosponsor.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WEBB. Mr. President, I voted in favor of the senior Senator's
amendment last year when he offered it. I would like to join him as a
cosponsor today on the legislation he has just introduced which is a
modification of the amendment that was introduced last year.
I know there are justifiable concerns about the issue of offshore
drilling. I know the Chair has spoken eloquently about those concerns
on many occasions. Also, I would like to say that the senior Senator
from Virginia has been one of the great voices in favor of moving
cautiously with respect to issues concerning our environment. He was
one of the principal cosponsors on the climate change bill we just
recently debated. He has proceeded carefully with respect to this
legislation. There are appropriate safeguards in the legislation.
I express my strong concern that we as a body must proceed carefully
forward over the next year or so to renew our efforts to address the
issue of global warming and climate change on the one hand and a
sensible policy that allows us to bring forward all of the aspects of
energy production and technology that will allow us to take advantage
of the assets our country has. A part of that would be a renewal in the
proper form of nuclear power production, such as we have seen in
countries such as France and Japan. Part of it would be a sensible
policy with respect to coal production, the assets of which are so vast
in this country. We can move forward in that area with the right sort
of technology in place, but also in the areas the senior Senator is
addressing in his legislation today. He is proposing to move forward
carefully with respect to offshore drilling. There are safeguards with
respect to State involvement that are a good counterbalance to concerns
people would have. He has built in a reserve to mitigate potential
environmental damages, if they were to occur. Most importantly, he is
realistic at looking at where we have to move as a country. We need
affirmative leadership. We can't simply step away and not address
solutions with respect to different energy alternatives.
This legislation allows for revenue flow that we need to address
other issues such as rebuilding our infrastructure. Part of this
revenue flow would go to the Federal Government; part of it also would
go to the State government.
As the Senator and I are so well aware, because of a lot of different
issues, we are having difficulty in the State of Virginia addressing
infrastructure issues, transportation issues, the types of things we
must get on top of if we are going to remain the preeminent Nation in
the world in terms of being able to compete in a global economy. This
process, once approved--actually, a two-step procedure by State
government--would allow for income flow through royalties into the
State government so that we can address these issues, one of which is
so glaring in Virginia right now: our inability to see transportation
projects funded at a time when the population of Virginia has so
dramatically increased. In my view, the senior Senator has put forward
legislation that is responsible. He is a friend of the environment. He
is careful in terms of the different aspects of government involvement.
I am pleased to support it.
Mr. WARNER. I thank my colleague. We have, in a very short time
together, although we have known each other many years, formed a strong
working partnership, not only on behalf of Virginia but on behalf of
this great Nation in many ways. I thank him for joining me today. I
know he looks to the future. I also look to the future but only 6 more
months or a little less in the Senate. I will pass the baton to him.
But each day that passes, he grows in strength of voice and stature in
the Senate. I wish him well.
Mr. WEBB. I thank the Senator.
Exhibit 1
U.S. Senate,
Washington, DC, May 16, 2008.
The President,
The White House,
Washington, DC.
Dear Mr. President: Each day, as America contends with
rising gasoline prices, we see and hear stories of how
individual Americans are coping with this serious problem as
they conduct their daily lives with their families and in
their work environments.
They are finding ways to reduce their consumption of
gasoline by driving less, altering daily routines, and even
changing family vacation plans. These efforts bring
hardships, but save dollars that are necessary to meet
essential family needs. And while small in comparison to the
overall problem of supply and demand of gasoline, these
efforts do add up. I never dismiss the American ``can do''
spirit.
In one word, it is individual conservation. And in cases
such as this, when individuals are leading the way, the
government should join.
The purpose of this letter is to urge you to lead the vast
federal government to likewise take initiatives to cut back--
even in a small measure--its daily consumption of gasoline
and other fuels.
I believe such a move would signal to Americans that their
government is sharing the daily hardships occasioned by this
turbulent, uncertain energy crisis.
Having worked in and with the Department of Defense for
many decades, and recognizing that this government department
is the largest user of petroleum products, I believe that the
men and women of the armed services would pitch in to share
the hardships on the home front and lead the effort. Their
families are experiencing many of the same hardships as other
families across America.
Recognizing that our nation must maintain its defense
posture, especially in Iraq and Afghanistan, where our forces
are courageously carrying out their missions, the
department's initiative to further conserve on fuels must be
done without any harmful diminution in readiness or training.
By cutting back the number of flying or steaming hours in
our military ships and planes, by even a percentage point or
two, the armed forces could point with pride to their efforts
in our nation's conservation movement.
With kind regards, I am
Sincerely,
John Warner.
______
By Mr. WYDEN:
S. 3148. A bill to modify the boundary of the Oregon Caves National
Monument, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. WYDEN. Mr. President, there is a celebration today of the 40th
anniversary of the Wild and Scenic Rivers Act. I want to acknowledge
that important occasion by announcing two bills I am proposing today
that will expand protection for some of Oregon's most special places
and will lock in their preservation for generations to come.
The first bill is the Oregon Caves National Monument Boundary
Adjustment Act, which will secure protection for a stunning piece of
Oregon that includes natural treasures both above and below the ground
at the Oregon Caves. The Oregon Caves has a unique geologic history and
is particularly known as the longest marble cave open to the public
west of the Continental Divide. With the bill I am introducing today,
we will be creating the first subterranean wild and scenic river, a
perennial stream at the monument known as the River Styx. This river is
an underground portion of Cave Creek that flows through part of the
cave and is one of the dynamic natural forces at work in the national
monument.
The National Park Service has formally proposed a boundary
modification for the Oregon Caves National Monument many times. They
did it first in 1939. They did it again in 1949 and most recently in
2000. Today, I am happy to propose legislation to enact that boundary
adjustment into law. I was born in 1949. It seems to me that after this
effort has gone on literally for decades, it is time to secure this
protection for generations to come. I want to make sure the new Wyden
twins, William Peter and Ava Rose, are going to enjoy it with millions
of Oregonians. That is why it is important that this action be taken
and taken quickly.
Expanding this boundary will allow us to further protect the stunning
majesty of both the underground and the above-ground treasures found at
this national monument.
Established by a Presidential proclamation in 1909, the Oregon Caves
National Monument is a 480-acre natural wonder located in the
botanically-rich Siskiyou Mountains. It was originally set aside
because of its unusual scientific interest and importance. Oregon Caves
has a unique geologic history
[[Page S5757]]
and is particularly known as the longest marble cave open to the public
west of the Continental Divide.
A perennial stream, the ``River Styx''--an underground portion of
Cave Creek--flows through part of the cave and is one of the dynamic
natural forces at work in the national monument. The cave ecosystem
provides habitat for numerous plants and animals, including some state-
sensitive species such as Townsend's big-eared bats and several cave-
adapted species of arthropods, insects, spiders, etc., found only in
the Oregon Caves and nowhere else. The caves possess a significant
collection of Pleistocene-aged fossils, including jaguar and grizzly
bear. Grizzly bones that were found in the cave in 1995 were estimated
to be at least 50,000 years old, the oldest known from either North or
South America.
Today, I am proposing legislation that will enhance the protection of
the resources associated with Oregon Caves National Monument and
increase public recreation opportunities by adding surrounding lands to
the monument. My bill would expand the monument boundary by 4,084 acres
to include the entire Cave Creek Watershed, management of which would
be transferred from the United States Forest Service to the National
Park Service. In addition, my legislation would designate at least 9.6
miles of rivers and tributaries as wild, scenic, or recreational, under
the federal Wild and Scenic Rivers Act, including the first
subterranean wild and scenic river, the River Styx. This bill would
also provide authorization for retirement of existing grazing
allotments.
When the Oregon Caves National Monument was established in 1909, the
focus was on the unique subsurface resources, and the small rectangular
boundary was thought to be adequate to protect the cave. Through the
years, however, scientific research and technology have provided new
information about the cave's ecology, and the impacts from the surface
environment and the related hydrological processes. The current 480-
acre boundary is insufficient to adequately protect this cave system.
The National Park Service has formally proposed a boundary modification
numerous times, first in 1939, again in 1949, and most recently in
2000. Today, I am happy to propose legislation to enact that boundary
adjustment into law.
The Oregon Caves National Monument makes a unique contribution to
Southern Oregon's economy and to the national heritage. The monument
receives over 80,000 visitors annually, and is the second smallest unit
of the National Park System. A larger monument boundary will help
showcase more fully the recreational opportunities on the above-ground
lands within the proposed monument boundary. In addition to the
numerous subsurface resources, the monument's above-ground lands in the
Siskiyou Mountains possess a beauty and diversity that is unique in
America, and indeed the world. The extensive biological diversity stems
from the unique geology of the region and the range of temperatures,
fire regimes, and climates found in the area that create a region rich
in endemic plants, fish-bearing streams, and the most varied conifer
forest on the planet. The Oregon Caves National Monument's
approximately 500 plants, 5,000 animals, 2,000 fungi, and over a
million bacteria per acre that make the spot have one of the highest
concentrations of biological diversity anywhere.
Expanding the monument's boundary will also preserve the caves'
resources by protecting the water that enters the cave. Water quality
has been a major concern and the activities on the adjacent lands can
affect the water quality and the caves' precious resources. By granting
the National Park Service the ability to safeguard these resources, and
by providing for a voluntary donation of grazing permits, my
legislation will be able to better protect these resources. The current
grazing permitee, Phil Krouse's family, has had the Big Grayback
Grazing Allotment, 19,703 acres, since 1937. Over the decades, the
number of allowed livestock has diminished, but the livestock still has
an impact on the drinking water supply and the water quality of this
natural gem. Mr. Krouse has publicly stated that he would look
favorably upon retirement with private compensation for his allotment,
such as my legislation will allow to proceed.
I want to express my thanks to all the volunteers and supporters in
the local business and conservation community in Southern Oregon, to
Phil Krouse for his commitment to Oregon's natural resources, and to
Craig Ackerman, the former Superintendent of the Oregon Caves National
Monument. My colleagues in the House of Representatives,
Representatives DeFazio, Hooley, Blumenauer and Wu will be introducing
companion legislation in the House today and I look forward to working
with them to advance this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 3148
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 ``Oregon Caves National
Monument Boundary Adjustment Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Oregon Caves National Monument--
(A) is comprised of a rectangular area of approximately 480
acres located in the Siskiyou Mountains of southern Oregon;
and
(B) was established by Presidential Proclamation Number 876
(36 Stat. 2497), dated July 12, 1909, to protect the caves,
which were determined to have unusual scientific interest and
importance;
(2) on June 10, 1933, in accordance with Executive Order
6166 (5 U.S.C. 901 note), the administration of the Monument
was transferred from the Secretary of Agriculture to the
Secretary of the Interior; and
(3) the 1999 general management plan for the Monument
contains a recommendation for adding surrounding land to the
Monument--
(A) to provide better protection for--
(i) cave ecology;
(ii) surface and subsurface hydrology;
(iii) public water supplies; and
(iv) trails and views;
(B) to establish a logical topographical boundary; and
(C) to enhance public outdoor recreation opportunities.
(b) Purpose.--The purpose of this Act is to add surrounding
land to the Monument--
(1) to enhance the protection of the resources associated
with the Monument; and
(2) to increase public recreation opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Grazing allotment.--The term ``grazing allotment''
means--
(A) the Big Grayback Grazing Allotment located in the Rogue
River-Siskiyou National Forest; and
(B) the Billy Mountain Grazing Allotment located in a
parcel of land that is--
(i) managed by the Secretary (acting through the Director
of the Bureau of Land Management); and
(ii) located in close proximity to the land described in
subparagraph (A).
(2) Grazing lease; grazing permit.--The terms ``grazing
lease'' and ``grazing permit'' mean any document authorizing
the use of a grazing allotment for the purpose of grazing
livestock for commercial purposes.
(3) Lessee; permittee.--The terms ``lessee'' and
``permittee'' mean a livestock operator that holds a valid
existing grazing lease or permit for a grazing allotment.
(4) Map.--The term ``map'' means the map entitled ``Oregon
Caves National Monument, Proposed Boundary'' numbered 150/
80,023, and dated June 2008.
(5) Monument.--The term ``Monument'' means the Oregon Caves
National Monument established by Presidential Proclamation
Number 876 (36 Stat. 2497), dated July 12, 1909.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the Chief
of the Forest Service), with respect to National Forest
System land; and
(B) the Secretary of the Interior, with respect to land
managed by the Bureau of Land Management (including land held
for the benefit of an Indian tribe).
SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER.
(a) Boundary Adjustment.--The boundary of the Monument is
modified--
(1) to include approximately 4,070 acres of land identified
on the map as the ``Proposed Addition Lands''; and
(2) to exclude approximately 4 acres of land--
(A) located in the City of Cave Junction; and
(B) identified on the map as the ``Cave Junction Unit''.
(b) Land Transfer.--The Secretary of Agriculture shall--
(1) transfer the land described in subsection (a)(1) to the
Secretary; and
(2) adjust the boundary of the Rogue River-Siskiyou
National Forest to exclude the land transferred under
paragraph (1).
(c) Availability of Map.--The map shall be on file and
available for public inspection
[[Page S5758]]
in the appropriate offices of the National Park Service.
SEC. 5. WILD AND SCENIC RIVER DESIGNATIONS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(171) Oregon caves national monument, oregon.--The
following segments in the State of Oregon, to be administered
by the Secretary of the Interior:
``(A) Cave creek.--The 2.6-mile segment of Cave Creek from
the headwaters at the River Styx to the boundary of the Rogue
River-Siskiyou National Forest as a recreational river.
``(B) Lake creek.--The 3.6-mile segment of Lake Creek from
the headwaters at Bigelow Lakes to the confluence with Cave
Creek as a scenic river.
``(C) No name creek.--The 0.6-mile segment of No Name Creek
from the headwaters to the confluence with Cave Creek as a
wild river.
``(D) Panther creek.--The 0.8-mile segment of Panther Creek
from the headwaters to the confluence with Lake Creek as a
scenic river.
``(E) River styx.--The segment of River Styx from the
source to the confluence with Cave Creek as a recreational
river.
``(F) Upper cave creek.--The segment of Upper Cave Creek
from the headwaters to the confluence with River Styx as a
recreational river.''.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director
of the National Park Service, shall administer the Monument
in accordance with--
(1) this Act;
(2) Presidential Proclamation Number 876 (36 Stat. 2497),
dated July 12, 1909; and
(3) any law (including regulations) generally applicable to
units of the National Park System, including the National
Park Service Organic Act (16 U.S.C. 1 et seq.).
(b) Ecological Forest Restoration Activities.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall carry out forest restoration activities
within the boundaries of the Monument--
(1) to reduce the risk of losing key ecosystem components;
(2) to restore the proper role of fire in the ecosystem;
and
(3) to ensure that forest attributes (including species
composition and structure) remain intact and functioning
within a historical range.
SEC. 7. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.
(a) Donation of Lease or Permit.--
(1) Acceptance by secretary concerned.--The Secretary
concerned shall accept any grazing lease or grazing permit
that is donated by a lessee or permittee.
(2) Termination.--The Secretary concerned shall terminate
any grazing lease or grazing permit acquired under paragraph
(1).
(3) No new grazing lease or permit.--With respect to each
grazing lease or grazing permit donated under paragraph (1),
the Secretary concerned shall--
(A) not issue any new grazing lease or grazing permit
within the grazing allotment covered by the grazing lease or
grazing permit; and
(B) ensure a permanent end to livestock grazing on the
grazing allotment covered by the grazing lease or grazing
permit.
(b) Effect of Donation.--A lessee or permittee that donates
a grazing lease or grazing permit (or a portion of a grazing
lease or grazing permit) under this section shall be
considered to have waived any claim to any range improvement
on the associated grazing allotment or portion of the
associated grazing allotment, as applicable.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
______
By Mr. WYDEN:
S. 3149. A bill to amend the Wild and Scenic Rivers Act to add
certain segments to the Rogue River designation, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, the second piece of legislation I introduce
today is the Lower Rogue Wild and Scenic Rivers Act. The Rogue River is
a much beloved piece of Oregon's beautiful landscape. This bill will
protect the waters that feed it.
Protecting the wild and scenic tributaries to the Rogue River is a
critical step in protecting the backbone of one of Oregon's most
important sport and commercial fisheries. In 2008, the American Rivers
Organization named the Rogue and its tributaries as the second most
endangered river in our country. I am hoping to change that today by
introducing this legislation which would protect 143 miles of wild and
scenic tributaries that feed the Rogue River with cold, clean water.
The Rogue River is one of our Nation's premier recreation
destinations, famous for its free flowing waters which provide numerous
rafting and fishing opportunities. The headwaters of this great river
start in one of Oregon's other great gems--Crater Lake National Park--
and ultimately empty into the Pacific Ocean near Gold Beach on the
Southwest Oregon coast. Along that stretch, the Rogue River flows
through one of the most spectacular canyons and diverse natural areas
in the United States. The Rogue River is home to runs of coho, spring
and fall chinook, winter and summer steelhead--and it has the special
distinction of being one of only several rivers in the country with
runs of green sturgeon.
The Rogue River received its first protections in the original Wild
and Scenic Rivers Act, in 1968. A narrow stretch of land was protected
along the river banks. Since that time, a great deal has been learned
about the importance of protecting the tributaries that feed into the
main stem of the Rogue. Protecting the wild and scenic tributaries to
the Rogue River is a critical step in protecting the backbone of one of
Oregon's most important sport and commercial fisheries.
In 2008, American Rivers named the Rogue and its tributaries as the
second most endangered river in the U.S. I'm hoping to change that
today by introducing legislation to protect this river and its
tributaries. My proposal would protect 143 miles of wild and scenic
tributaries that feed the Rogue River with cold clean water. The
protected tributaries would include Galice Creek, Little Windy Creek,
Jenny Creek, Long Gulch--and 36 other tributaries of the Rogue.
By protecting the tributaries that feed this mighty river, I will
seek to protect the Rogue River for future generations so they can
enjoy the Rogue River as we do today. My colleagues in the House of
Representatives, Representatives DeFazio, Hooley, Blumenauer and Wu
will be introducing companion legislation in the House today. I want to
express my thanks to the conservation and business communities of
Southern Oregon, who have worked diligently to protect these waters and
enable the outdoor recreationists to use and enjoy these rivers. I look
forward to working with my House colleagues and the bill's other
supporters to advance our legislation to the President's desk.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3149
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 ``Lower Rogue Wild and Scenic
Rivers Act of 2008''.
SEC. 2. ROGUE RIVER ADDITIONS.
(a) In General.--Section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) is amended--
(1) by striking ``The segment'' and inserting the
following:
``(A) In general.--The segment''; and
(2) by adding at the end the following:
``(B) Additional areas.--In addition to the segment
described in subparagraph (A), the following segments of the
Rogue River, Oregon, to be administered in the following
classifications:
``(i) Kelsey creek.--
``(I) The 2.2-mile segment of Kelsey Creek from the
headwaters of the Creek to the eastern section line of 32S 8W
sec. 30 as a recreational river.
``(II) The 7.1-mile segment of Kelsey Creek from the
eastern section line of 32S 8W sec. 30 to the confluence with
the Rogue River as a wild river.
``(ii) East fork kelsey creek.--
``(I) The 0.1-mile segment of East Fork Kelsey Creek from
the headwaters of the Creek to 0.1 miles downstream of road
32-7-19.3 as a scenic river.
``(II) The 4.7-mile segment of East Fork Kelsey Creek
downstream from 0.1 miles downstream of road 32-7-19.3 to the
confluence with Kelsey Creek as a wild river.
``(iii) Whisky creek.--
``(I) The 0.6-mile segment of Whisky Creek from the
confluence of the East Fork and West Fork to 0.1 miles
downstream from road 33-8-23 as a recreational river.
``(II) The 1.9-mile segment of Whisky Creek from 0.1 miles
downstream from road 33-8-23 to the confluence with the Rogue
River as a wild river.
``(iv) East fork whisky creek.--
``(I) The 0.1-mile segment of East Fork Whisky Creek from
the headwaters of the Creek to 0.1 miles downstream of road
34-8-1 as a scenic river.
``(II) The 3.7-mile segment of East Fork Whisky Creek from
0.1 miles downstream of road 34-8-1 to the confluence with
Whisky Creek as a wild river.
``(v) West fork whisky creek.--The 4.8-mile segment of West
Fork Whisky Creek from the headwaters of the Creek to the
confluence of the Rogue River as a wild river.
``(vi) Big windy creek.--
[[Page S5759]]
``(I) The 1.5-mile segment of Big Windy Creek from the
headwaters of the Creek to 0.1 miles downstream from road 34-
9-17.1 as a scenic river.
``(II) The 5.8-mile segment of Big Windy Creek from 0.1
miles downstream from road 34-9-17.1 to the confluence with
the Rogue River as a wild river.
``(vii) East fork big windy creek.--
``(I) The 0.2-mile segment of East Fork Big Windy Creek
from the headwaters of the Creek to 0.1 miles downstream from
road 34-8-36 as a scenic river.
``(II) The 3.7-mile segment of East Fork Big Windy Creek
from 0.1 miles downstream from road 34-8-36 to the confluence
with Big Windy Creek as a wild river.
``(viii) Little windy creek.--
``(I) The 1.1-mile segment of Little Windy Creek from the
headwaters of the Creek to 0.1 miles downstream of road 34-8-
36 as a scenic river.
``(II) The 1.9-mile segment of Little Windy Creek from 0.1
miles downstream of road 34-8-36 to the confluence with the
Rogue River as a wild river.
``(ix) Howard creek.--
``(I) The 0.3-mile segment of Howard Creek from the
headwaters of the Creek to 0.1 miles downstream of road 34-9-
34 as a scenic river.
``(II) The 6.9-mile segment of Howard Creek from 0.1 miles
downstream of road 34-9-34 to the confluence with the Rogue
River as a wild river.
``(x) Mule creek.--
``(I) The 0.2-mile segment of Mule Creek from the
headwaters of the Creek to 0.1 miles downstream from road 32-
9-15.1 as a scenic river.
``(II) The 11.2-mile segment of Mule Creek from 0.1 miles
downstream from road 32-9-15.1 to the confluence with the
Rogue River as a wild river.
``(xi) Grave creek.--
``(I) The 1.6-mile segment of Grave Creek from the
confluence of Wolf Creek downstream as a scenic river.
``(II) The 8.2-mile segment of Grave Creek from 1.6 miles
downstream of the confluence of Wolf Creek to the confluence
with the Rogue River as a recreational river.
``(xii) Anna creek.--The 3.5-mile segment of Anna Creek
from the headwaters of Anna Creek to the confluence with
Howard Creek as a wild river.
``(xiii) Missouri creek.--
``(I) The 2.6-mile segment of Missouri Creek from the
headwaters of the Creek to the north section line of 33S 10W
sec. 25 as a scenic river.
``(II) The 2.2-mile segment of Missouri Creek from the
north section line of 33S 10W sec. 25 to the confluence with
the Rogue River as a wild river.
``(xiv) Jenny creek.--
``(I) The 0.3-mile segment of Jenny Creek from the
headwaters of the Creek to 0.1 miles downstream from road 34-
9-7 as a scenic river.
``(II) The 4.6-mile segment of Jenny Creek from 0.1 miles
downstream from road 34-9-7 to the confluence with the Rogue
River as a wild river.
``(xv) Rum creek.--
``(I) The 2-mile segment of Rum Creek from the headwaters
of the Creek to 0.1 miles downstream from road 34-8-34 as a
scenic river.
``(II) The 2.4-mile segment of Rum Creek from 0.1 miles
downstream from road 34-8-34 to the confluence with the Rogue
River as a wild river.
``(xvi) East fork rum creek.--
``(I) The 0.5-mile segment of East Rum Creek from the
headwaters to 0.1 miles downstream of road 34-8-10.1 as a
scenic river.
``(II) The 1.5-mile segment of East Rum Creek from 0.1
miles downstream of road 34-8-10.1 to the confluence with Rum
Creek as a wild river.
``(xvii) Wildcat creek.--The 1.7-mile segment of Wildcat
Creek from the headwaters of the Creek downstream to the
confluence with the Rogue River as a wild river.
``(xviii) Montgomery creek.--The 1.8-mile segment of
Montgomery Creek from the headwaters of the Creek downstream
to the confluence with the Rogue River as a wild river.
``(xix) Quartz creek.--
``(I) The 0.5-mile segment of Quartz Creek from its
headwaters to 0.1 miles downstream from road 35-9-1.2 as a
recreational river.
``(II) The 2.8-mile segment from 0.1 miles downstream from
road 35-9-1.2 to the confluence of the North Fork Galice
Creek as a scenic river.
``(xx) Hewitt creek.--
``(I) The 1.3-mile segment of Hewitt Creek from the
headwaters of the Creek to 0.1 miles downstream of road 33-9-
21 as a scenic river.
``(II) The 1.3-mile segment of Hewitt Creek from 0.1 miles
downstream of road 33-9-21 to the confluence with the Rogue
River as a wild river.
``(xxi) Bunker creek.--The 6.6-mile segment of Bunker Creek
from the headwaters of the Creek to the confluence with the
Rogue River as a wild river.
``(xxii) Dulog creek.--
``(I) The 0.8-mile segment of Dulog Creek from the
headwaters of the Creek to 0.1 miles downstream of road 34-8-
36 as a scenic river.
``(II) The 1.0-mile segment of Dulog Creek from 0.1 miles
downstream of road 34-8-36 to the confluence with the Rogue
River as a wild river.
``(xxiii) Galice creek.--The 2.2-mile segment of Galice
Creek from the confluence with the North and South Forks of
Galice Creek to the confluence with the Rogue River as a
recreational river.
``(xxiv) North fork galice creek.--
``(I) The 1.2-mile segment of North Fork Galice Creek from
the headwaters of the Creek to 0.1 miles upstream of road 34-
8-36 as a scenic river.
``(II) The 4.5-mile segment of North Fork Galice Creek from
0.1 miles upstream of road 34-8-36 to the confluence with
Galice Creek as a recreational river.
``(xxv) Quail creek.--
``(I) The 0.7-mile segment of Quail Creek from the
headwaters of the Creek to 0.1 miles downstream from road 32-
9-14.2 as a scenic river.
``(II) The 1.8-mile segment of Quail Creek from to 0.1
miles downstream from road 32-9-14.2 to the confluence with
the Rogue River as a wild river.
``(xxvi) Meadow creek.--The 4.1-mile segment of Meadow
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxvii) Russian creek.--
``(I) The 0.4-mile segment of Russian Creek from the
headwaters of the Creek to 0.1 miles downstream from road 33-
8-21 as a scenic river.
``(II) The 2.2-mile segment of Russian Creek 0.1 miles
downstream from road 33-8-21 to the confluence with the Rogue
River as a wild river.
``(xxviii) Alder creek.--The 1.2-mile segment of Alder
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxix) Booze creek.--The 1.5-mile segment of Booze Creek
from the headwaters of the Creek to the confluence with the
Rogue River as a wild river.
``(xxx) Bronco creek.--The 1.8-mile segment of Bronco Creek
from the headwaters of the Creek to the confluence with the
Rogue River as a wild river.
``(xxxi) Centennial gulch creek.--The 1.9-mile segment of
Centennial Gulch Creek from the headwaters of the Creek to
the confluence with the Rogue River as a recreational river.
``(xxxii) Copsey creek.--The 1.5-mile segment of Copsey
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxxiii) Corral creek.--The 0.5-mile segment of Corral
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxxiv) Cowley creek.--The 0.9-mile segment of Cowley
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxxv) Ditch creek.--
``(I) The 0.5-mile segment of Ditch Creek from the
headwaters of the Creek 0.1 miles downstream from road 33-5-
9.2 as a scenic river.
``(II) The 1.9-mile segment of Ditch Creek from 0.1 miles
downstream from road 33-5-9.2 to the confluence with the
Rogue River as a wild river.
``(xxxvi) Francis creek.--The 0.9-mile segment of Francis
Creek from the headwaters of the Creek to the confluence with
the Rogue River as a wild river.
``(xxxvii) Long gulch.--
``(I) The 1.4-mile segment of Long Gulch from the
headwaters to 0.1 miles downstream from road 34-9-21 as a
scenic river.
``(II) The 1.1-mile segment of Long Gulch from 0.1 miles
downstream of road 34-9-21 to the confluence with the Rogue
River as a wild river.
``(xxxviii) Bailey creek.--
``(I) The 1.0-mile segment of Bailey Creek from the
headwaters of the Creek to 0.1 miles downstream from road 34-
8-22.2 as a scenic river.
``(II) The 2.1-mile segment of Bailey Creek from 0.1 miles
downstream from road 34-8-22.2 to the confluence of the Rogue
River as a wild river.
``(xxxix) Shady creek.--The 0.7-mile segment of Shady Creek
from the headwaters of the Creek to the confluence with the
Rogue River, as a wild river.
``(xl) Slide creek.--
``(I) The 0.5-mile segment of Slide Creek from the
headwaters of the Creek to 0.1 miles downstream from road 33-
9-6 as a scenic river.
``(II) The 0.7-mile segment of Slide Creek from 0.1 miles
downstream of road 33-9-6 to the confluence with the Rogue
River as a wild river.''.
(b) Administrative Provisions.--
(1) In general.--Any segment of the Rogue River designated
by subparagraph (B) of section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection
(a)(2)) shall--
(A) include an average of 640 acres per mile measured from
the ordinary high water mark on both sides of the River; and
(B) be managed as part of the Rogue Wild and Scenic River
designated by subparagraph (A) of section 3(a)(5) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by
subsection (a)(1)).
(2) Withdrawal.--Subject to valid rights, the Federal land
within the boundaries of the river segments designated by
subparagraph (B) of section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection
(a)(2)) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
[[Page S5760]]
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(3) Windpower facilities prohibited.--The siting of
windpower facilities within the lateral boundaries of a
segment of the Rogue Wild and Scenic River designated by
subparagraph (B) of section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection
(a)(2)) is prohibited.
______
By Mr. BROWN (for himself and Mr. Brownback):
S. 3151. A bill to amend the Federal Food, Drug, and Cosmetic Act
with respect to priority review vouchers; to the Committee on Health,
Education, Labor, and Pensions.
Mr. BROWNBACK. Mr. President, I rise to engage my distinguished
colleague from Ohio in a colloquy.
Mr. BROWN. I yield to the Senator.
Mr. BROWNBACK: I want to express my support for our provision
included in the Food and Drug Administration Amendments Act of 2007,
FDAAA, signed into law this Congress, to award an FDA priority review
voucher to encourage the development of treatments for tropical
diseases. According to the World Health Organization, roughly one
billion people, or nearly one of every six people worldwide, are
affected by at least one tropical disease. However, less than 1% of the
roughly 1,400 drugs registered between 1975 and 1999 treated such
diseases. These diseases are often referred to as the ``neglected
diseases'' because of the lack of modern treatments available to
address them and their disproportionate impact on very low income
populations.
Since the purpose of the priority review voucher is to encourage
research and development for diseases for which there is currently
little or no market, our intent is that the priority review voucher
creates a strong incentive for investment in the often financially
risky business of drug and biologic procurement for neglected diseases.
Basic economics dictate that the voucher will create the strongest
incentive by being freely transferable among private businesses, with
each voucher having the capacity for transfer multiple times, without
restriction. This interpretation is the intent of Congress. Any
imposition of restriction by the Food and Drug Administration on the
number of times and manner of transfer of the voucher will have the
effect of negating its value, which is contrary to Congressional
intent. I yield to my distinguished colleague to elaborate on this
point.
Mr. BROWN. I concur with my colleague on the importance of creating a
strong incentive for development of treatments for neglected, tropical
diseases through a freely transferable priority review voucher.
Accordingly, I rise today to introduce, along with my colleague from
the State of Kansas, a bill that would codify the authors' intent of
two parts of the priority review voucher law. First, any priority
review voucher awarded under the provision is freely transferable
without restriction on the number of times it can be transferred.
Second, the priority review voucher can be redeemed only for a human
drug application that is not already pending with the Food and Drug
Administration. I encourage my colleagues in Congress to join us in
ensuring that this legislation moves quickly through the legislative
process.
Mr. BROWNBACK. I thank my friend, the Senator from Ohio, for
introducing this important measure and for his remarks.
______
By Mr. NELSON of Florida (for himself and Mr. Martinez):
S. 3152. A bill to provide for a comprehensive study by the National
Research Council of the National Academies to assess the water
management, needs, and conservation of the Apalachicola-Chattahoochee-
Flint River System; to the Committee on Environment and Public Works.
Mr. NELSON of Florida. Mr. President, I rise today to introduce
legislation to help preserve a vital ecosystem and protect a way of
life for many citizens in my home State of Florida.
I am introducing a bill that would require the U.S. Army Corps of the
Engineers to commission the National Research Council of the National
Academies to conduct a comprehensive study of water management and
conservation of the Apalachicola-Chattahoochee-Flint, ACF, River
System. My colleague in the Florida Congressional Delegation,
Congressman Allen Boyd, is offering similar legislation today in the
U.S. House of Representatives.
At the confluence of the Flint and Chattahoochee Rivers, the
Apalachicola River begins its winding journey to the Gulf of Mexico.
Nearly 112 miles later, the river flows into Apalachicola Bay, bringing
fresh water and vital nutrients to the famed oyster beds and fisheries
of the bay.
I visited the Apalachicola last month, rode down the river, and met
with many who are concerned about its fate. When people think of
Florida, they may envision palm trees or white sand. That is not what
the Apalachicola has to offer, but it is unique and spectacular in its
own right. The water is dark from tannic acid leached from trees in the
river's swamps. At nearly 140 feet tall, majestic bluffs line the banks
of the northern section of the river and form the largest exposed
geological outcropping in Florida. In this reach of the river, the Alum
Bluff is a significant historic site. Andrew Jackson paused here in
1818, and Confederate troops fortified the area with earthworks and
cannon during the Civil War.
As you traverse into the southern reaches of the Apalachicola and get
closer to the bay, the vegetation changes and the land is flat. The
brackish area of the Apalachicola, where the river's freshwater mixes
with saltwater from the Gulf of Mexico, is home to one of the Nation's
most productive oyster-harvesting areas.
I work a great deal on another ecosystem that is much more familiar
in Florida and across the Nation, the Everglades. I can tell you that
comparing an impaired ecosystem like the River of Grass to the
Apalachicola demonstrates a powerful lesson: we must manage our natural
resources wisely, or face serious consequences.
Chronic drought conditions in the southeastern U.S. have led to
dramatic decreases in the quantity of water entering the ACF River
System. Both these natural fluctuations in water supply and human-
related uses have led to unprecedented reductions in freshwater inflow
entering Apalachicola Bay. The water and nutrients delivered to the bay
are critical to the health and productivity of the estuary and adjacent
coastal waters of the Gulf. This area supports significant recreational
and commercial fisheries, including 90 percent of Florida's oyster
fishery, as well as shrimp, grouper, and other high-value species.
We cannot sit back and watch as the Apalachicola River and Bay
decline as a result of this historically low freshwater inflow. Under
the current way of doing business, the ecosystems of the river and bay
are suffering, as are the citizens who rely upon them for their
livelihood. We need a solution that takes into account the
environmental sensitivities and real water needs of all citizens in
Florida, Alabama, and Georgia who live and work within the ACF River
System. This study is a first step toward reaching that goal.
As an independent and trusted source of scientific analysis and
advice, the National Research Council is uniquely qualified to
undertake such a comprehensive study. In the legislation, I ask that
the NRC examine a number of critical issues. These include examining
the state of the science on the Apalachicola River and Bay, including
the impact of reduced freshwater flow on the area's ecology, and
assessing water availability, supply options, demand-management
alternatives, and socioeconomic factors that influence uses in the ACF
River System. There is also a tremendous need for the NRC to provide
all concerned with water management in the ACF River System with
recommendations on how to determine water limits that adequately
recognize and balance the needs of all users.
We have responsibility to be good stewards of our environment. This
responsibility requires us to ensure that our management decisions are
based on the best, peer- reviewed science that is available. The NRC
study commissioned in the legislation that I am offering today would go
a long way in helping us to fulfill that responsibility.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S5761]]
S. 3152
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STUDY ON THE APALACHICOLA-CHATTAHOOCHEE-FLINT
RIVER SYSTEM.
(a) National Research Council Study.--Not later than 60
days after the date of enactment of this Act, the Secretary
of the Army shall enter into an agreement with the National
Research Council of the National Academies under which the
Council shall conduct a comprehensive study of the water
management, needs, and conservation of the Apalachicola-
Chattahoochee-Flint River System (in this Act referred to as
the ``ACF River System'').
(b) Matters to Be Addressed.--The study under subsection
(a) shall include the following:
(1) A summary of the existing body of scientific knowledge
on--
(A) the ecology, hydrology, geomorphology, and
biogeochemistry of the Apalachicola River and the greater ACF
River System;
(B) the ecosystem services provided by the Apalachicola
River;
(C) the impact of variation in freshwater flow on the
ecology of the river and downstream coastal ecosystems,
including the Apalachicola Bay ecosystem; and
(D) how to restore the natural hydraulic function of the
ACF River System, including restoration of floodplains and
wetlands.
(2) An assessment of models that serve as the basis for the
master manuals of the ACF River System.
(3) An assessment of water availability, supply options,
demand-management alternatives, and socioeconomic factors
that influence uses in the ACF River System, including water
quality, navigation, hydropower, recreation, in-stream
ecology, and flood control.
(4) An assessment of policies, regulations, and other
factors that affect Federal water project operations.
(5) Recommendations for an approach to determine water
limits that recognize the needs of all water users along the
ACF River System, including adequate in-stream flow
requirements.
(6) Recommendations for any additional measures to address
the long-term watershed management needs of the ACF River
System as the National Research Council considers
appropriate.
(c) Report.--Not later than 2 years after entering into an
agreement under subsection (a), the National Research Council
shall submit to the Secretary of the Army and Congress a
report containing the findings of the study under subsection
(a) and such other recommendations as the Council considers
appropriate.
(d) Authorization of Appropriations.--For the purpose of
carrying out this Act, there is authorized to be appropriated
$1,200,000.
______
By Mr. LEAHY (for himself, Mr. Specter and Mr. Kohl):
S. 3155. A bill to reauthorize and improve the Juvenile Justice and
Delinquency Prevention Act of 1974, and for other puropses; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to join Senator Specter and
Senator Kohl in introducing important legislation designed to protect
our communities and particularly our most precious asset, our children,
not only by keeping them safe and out of trouble, but also by helping
to ensure they have the opportunity to become productive adult members
of society. Senator Specter and Senator Kohl have been leaders in this
area of the law for decades, and I am honored to work with them once
again on such an important initiative. I thank Senator Kohl for sharing
with me the responsibilities of chairing the Committee's hearing on
this bill in December, and for working so hard to draft this
legislation.
The Juvenile Justice and Delinquency Prevention Act, JJDPA, sets out
Federal policy and standards for the administration of juvenile justice
in the states. It authorizes key Federal resources for states to
improve their juvenile justice systems and for communities to develop
programs to prevent young people from getting into trouble. With the
reauthorization of this important legislation, we recommit to these
important goals but also push the law forward in key ways to better
serve our communities and our children.
The basic goals of the Juvenile Justice and Delinquency Prevention
Act remain the same: keeping our communities safe by reducing juvenile
crime, promoting programs and policies that keep children out of the
criminal justice system, and encouraging states to implement policies
designed to steer those children who do enter the juvenile justice
system back onto a track to become contributing members of society.
The reauthorization of the JJDPA that we introduce today augments
these goals in several ways. First, this bill encourages states to move
away from keeping young people in adult jails. The Center for Disease
Control and Prevention concluded late last year that children who are
held in adult prisons commit more crimes, and more serious crimes, when
they are released, than children with similar histories who are kept in
juvenile facilities. After years of pressure to try more and more young
people as adults and to send them to adult prisons, it is time to
seriously consider the strong evidence that this policy is not working.
We must do this with ample consideration for the fiscal constraints
on states, particularly in these lean budget times, and with ample
deference to the traditional role of states in setting their own
criminal justice policy. We have done so here. But we also must work to
ensure that unless strong and considered reasons dictate otherwise, the
presumption must be that children will be kept with other children,
particularly before they have been convicted of any wrongdoing.
As a former prosecutor, I know well the importance of holding
criminals accountable for their crimes with strong sentences. But when
we are talking about children, we must also think about how best to
help them become responsible, contributing members of society as
adults. That keeps us all safer.
I am disturbed that children from minority communities continue to be
overrepresented in the juvenile justice system. This bill encourages
states to take new steps to identify the reasons for this serious and
continuing problem and to work together with the Federal government and
with local communities to find ways to start solving it.
I am also concerned that too many runaway and homeless young people
are locked up for so-called status offenses, like truancy, without
having committed any crime. In a Judiciary Committee hearing earlier
this year on the reauthorization of the Runaway and Homeless Youth Act,
I was amazed by the plight of this vulnerable population, even in the
wealthiest country in the world, and inspired by their ability to rise
above that adversity. The Runaway and Homeless Youth Act seeks to
provide necessary services to vulnerable young people.
Complementing that effort, this reauthorization of the JJDPA takes
strong and significant steps to move states away from detaining
children from at-risk populations for status offenses. This bill
requires rigorous new procedures before a state can detain a status
offender, and strictly limits the time they may be detained. This
provision was drafted with the limited resources of states in mind,
deference to judicial discretion, and the need to keep children safe
when no other appropriate placement is available, but it aims to move
states decisively in the direction of ending the practice of detaining
status offenders, as some states already have.
As I have worked with experts on this legislation, it has become
abundantly clear that mental health and drug treatment are fundamental
to making real progress toward keeping juvenile offenders from
recidivism. Mental disorders are two to three times more common among
children in the juvenile justice system than in the general population,
and fully eighty percent of young people in the juvenile justice system
have been found by some studies to have a connection to substance
abuse. Often these young people face coexisting mental health and drug
problems. This bill takes new and important steps to prioritize and
fund mental health and drug treatment.
The bill tackles several other key facets of juvenile justice reform.
It emphasizes effective training of personnel who work with young
people in the juvenile justice system, both to encourage the use of
approaches that have been proven effective and to eliminate cruel and
unnecessary treatment of juveniles. It also creates incentives for the
use of programs that research and testing have shown to work best.
Finally, the bill refocuses attention on prevention programs intended
to keep children from ever entering the criminal justice system. I was
struck when Chief Richard Miranda of Tucson,
[[Page S5762]]
Arizona, said at our December hearing on this bill that we cannot
arrest our way out of the problem. I heard the same sentiment from
Chief Anthony Bossi and others at the Judiciary Committee's field
hearing on young people and violent crime in Rutland, Vermont, earlier
this year. When seasoned police officers from Rutland, Vermont, to
Tucson, Arizona, tell me that prevention programs are pivotal, I pay
attention.
Just as this administration and recent Republican Congresses have
gutted programs that support state and local law enforcement, so they
have consistently cut and narrowed effective prevention programs,
creating a dangerous vacuum. We need to reverse this trend and help our
communities implement programs proven to help kids turn their lives
around.
I have long supported a strong Federal commitment to preventing youth
violence, and I have worked hard on past reauthorizations of this
legislation, as have Senators Specter and Kohl and others on the
Judiciary Committee. We have learned the importance of balancing strong
law enforcement with effective prevention programs. This
reauthorization pushes forward new ways to help children move out of
the criminal justice system, return to school, and become responsible,
hard-working members of our communities.
I thank the many prominent Vermont representatives of law
enforcement, the juvenile justice system, and prevention-oriented non-
profits who have spoken to me in support of reauthorizing this
important Act and who have helped inform my understanding of these
issues. They include Ken Schatz of the Burlington City Attorney's
Office, Vermont Juvenile Justice Specialist Theresa Lay-Sleeper, and
Chief Steve McQueen of the Winooski Police Department. I know that many
of my colleagues on the Committee have heard from passionate leaders on
this issue in their own states.
These are difficult issues. We all care deeply about the well-being
of our children and our communities, but we will not always agree
completely on the best way to address the problems that keep too many
of our young people ensnared in the justice system. After months of
research and discussions, Senator Kohl, Senator Specter, and I believe
we have found a way forward toward creating a system that will work
more effectively to protect our young people. I hope all Senators will
support this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text was ordered to be printed in the
Record, as follows:
S. 3155
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 ``Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FINDINGS AND DECLARATION OF PURPOSE
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Research and evaluation; statistical analyses; information
dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Incentive grants for State and local programs.
Sec. 210. Authorization of appropriations.
Sec. 211. Administrative authority.
Sec. 212. Technical and conforming amendments.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.
TITLE I--FINDINGS AND DECLARATION OF PURPOSE
SEC. 101. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as
follows:
``SEC. 101. FINDINGS.
``Congress finds the following:
``(1) A growing body of adolescent development research
supports the use of developmentally appropriate services and
sanctions for youth in the juvenile justice system and those
at risk for delinquent behavior to help prevent youth crime
and to successfully intervene with youth who have already
entered the system.
``(2) Research has shown that targeted investments to
redirect offending juveniles onto a different path are cost
effective and can help reduce juvenile recidivism and adult
crime.
``(3) Minorities are disproportionately represented in the
juvenile justice system.
``(4) Between 1990 and 2004, the number of youth in adult
jails increased by 208 percent.
``(5) Every day in the United States, an average of 7,500
youth are incarcerated in adult jails.
``(6) Youth who have been previously tried as adults are,
on average, 34 percent more likely to commit crimes than
youth retained in the juvenile justice system.
``(7) Research has shown that every dollar spent on
evidence based programs can yield up to $13 in cost savings.
``(8) Each child prevented from engaging in repeat criminal
offenses can save the community $1,700,000 to $3,400,000.
``(9) Youth are 19 times more likely to commit suicide in
jail than youth in the general population and 36 times more
likely to commit suicide in an adult jail than in a juvenile
detention facility.
``(10) Seventy percent of youth in detention are held for
nonviolent charges, and more than \2/3\ are charged with
property offenses, public order offenses, technical probation
violations, or status offenses, such as truancy, running
away, or breaking curfew.
``(11) The prevalence of mental disorders among youth in
juvenile justice systems is 2 to 3 times higher than among
youth in the general population.
``(12) Eighty percent of juveniles in juvenile justice
systems have a nexus to substance abuse.
``(13) The proportion of girls entering the justice system
has increased steadily over the past several decades, rising
from 20 percent in 1980 to 29 percent in 2003.''.
SEC. 102. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to support a continuum of programs (including
delinquency prevention, intervention, mental health and
substance abuse treatment, and aftercare) to address the
needs of at-risk youth and youth who come into contact with
the justice system.''.
SEC. 103. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) by amending paragraph (18) to read as follows:
``(18) the term `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);'';
(2) in paragraph (22), by striking ``or confine adults''
and all that follows and inserting ``or confine adult
inmates;'';
(3) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal responsibility
under applicable State law; and
``(ii) has been arrested and is in custody for or awaiting
trial on a criminal charge, or is convicted of a criminal
charge offense; and
``(B) does not include an individual who--
``(i) at the time of the time of the offense, was younger
than the maximum age at which a youth can be held in a
juvenile facility under applicable State law; and
``(ii) was committed to the care and custody of a juvenile
correctional agency by a court of competent jurisdiction or
by operation of applicable State law;'';
(4) in paragraph (28), by striking ``and'' at the end;
(5) in paragraph (29), by striking the period at the end
and inserting a semicolon; and
(6) by adding at the end the following:
``(30) the term `core requirements' means the requirements
described in paragraphs (11), (12), (13), and (15) of section
223(a);
``(31) the term `chemical agent' means a spray used to
temporarily incapacitate a person, including oleoresin
capsicum spray, tear gas, and 2-chlorobenzalmalononitrile
gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is confined alone
for more than 15 minutes in a room or cell; and
``(B) does not include confinement in the room or cell in
which the youth usually sleeps, protective confinement (for
injured youths or youths whose safety is threatened),
separation based on an approved treatment program, routine
confinement at the time of the youth's admission, confinement
[[Page S5763]]
that is requested by the youth, or the separation of the
youth from a group in a non-locked setting for the purpose of
calming;
``(33) the term `restraint' has the meaning given that term
in section 591 of the Public Health Service Act (42 U.S.C.
290ii);
``(34) the term `evidence based' means a program or
practice that is demonstrated to be effective and that--
``(A) is based on a clearly articulated and empirically
supported theory;
``(B) has measurable outcomes, including a detailed
description of what outcomes were produced in a particular
population; and
``(C) has been scientifically tested, optimally through
randomized, controlled studies;
``(35) the term `promising' means a program or practice
that is demonstrated to be effective based on positive
outcomes from 1 or more objective evaluations, or based on
practice knowledge, as documented in writing to the
Administrator; and
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program.''.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204(a)(2)(B)(i) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5614(a)(2)(B)(i)) is amended by striking ``240 days after the
date of enactment of this paragraph'' and inserting ``July 2,
2009''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Administrator of the Substance Abuse
and Mental Health Services Administration, the Secretary of
Defense, the Secretary of Agriculture,'' after ``the
Secretary of Health and Human Services,''; and
(ii) by striking ``Commissioner of Immigration and
Naturalization'' and inserting ``Assistant Secretary for
Immigration and Customs Enforcement''; and
(B) in paragraph (2)(A), by inserting ``(including at least
1 representative from the mental health fields)'' after
``field of juvenile justice''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs (12)(A),
(13), and (14) of section 223(a) of this title'' and
inserting ``the core requirements''; and
(B) in paragraph (2)(B)--
(i) by striking ``180 days after the date of the enactment
of this paragraph'' and inserting ``May 3, 2009''; and
(ii) by striking ``Committee on Education and the
Workforce'' and inserting ``Committee on Education and
Labor''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by inserting ``, ethnicity,''
after ``race'';
(B) in subparagraph (E), by striking ``and'' at the end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before ``disabilities,'';
and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the applicable
fiscal year of the use of restraints and isolation upon
juveniles held in the custody of secure detention and
correctional facilities operated by a State or unit of local
government;
``(H) the number of juveniles released from custody and the
type of living arrangement to which each such juvenile was
released; and
``(I) the number of status offense cases petitioned to
court, number of status offenders held in secure detention,
the findings used to justify the use of secure detention, and
the average period of time a status offender was held in
secure detention''; and
(3) by adding at the end the following:
``(5) A description of the criteria used to determine what
programs qualify as evidence based and promising programs
under this title and title V and a comprehensive list of
those programs the Administrator has determined meet such
criteria.
``(6) A description of funding provided to Indian tribes
under this Act, including direct Federal grants and funding
provided to Indian tribes through a State or unit of local
government.''.
SEC. 204. ALLOCATION OF FUNDS.
Section 222 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)(1), by striking ``age eighteen.'' and
inserting ``18 years of age, based on the most recent census
data to monitor any significant changes in the relative
population of people under 18 years of age occurring in the
States.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c)(1) If any amount allocated under subsection (a) is
withheld from a State due to noncompliance with the core
requirements, the funds shall be reallocated for an
improvement grant designed to assist the State in achieving
compliance with the core requirements.
``(2) The Administrator shall condition a grant described
in paragraph (1) on--
``(A) the State, with the approval of the Administrator,
developing specific action steps designed to restore
compliance with the core requirements; and
``(B) submitting to the Administrator semiannually a report
on progress toward implementing the specific action steps
developed under subparagraph (A).
``(3) The Administrator shall provide appropriate and
effective technical assistance directly or through an
agreement with a contractor to assist a State receiving a
grant described in paragraph (1) in achieving compliance with
the core requirements.'';
(4) in subsection (d), as so redesignated, by striking
``efficient administration, including monitoring, evaluation,
and one full-time staff position'' and inserting ``effective
and efficient administration, including the designation of at
least 1 person to coordinate efforts to achieve and sustain
compliance with the core requirements''; and
(5) in subsection (e), as so redesignated, by striking ``5
per centum'' and inserting ``not more than 5 percent''.
SEC. 205. 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 matter preceding paragraph (1), by inserting
``Not later than 30 days after the date on which a plan or
amended plan submitted under this subsection is finalized, a
State shall make the plan or amended plan publicly available
by posting the plan or amended plan on a publicly available
website.'' after ``compliance with State plan
requirements.'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii)--
(I) in subclause (II), by striking ``counsel for children
and youth'' and inserting ``publicly supported court-
appointed legal counsel for children and youth charged in
delinquency matters'';
(II) in subclause (III), by striking ``mental health,
education, special education'' and inserting ``children's
mental health, education, child and adolescent substance
abuse, special education, services for youth with
disabilities'';
(III) in subclause (V), by striking ``delinquents or
potential delinquents'' and inserting ``delinquent youth or
youth at risk of delinquency, including volunteers who work
with youth of color'';
(IV) in subclause (VII), by striking ``and'' at the end;
(V) by redesignating subclause (VIII) as subclause (XI);
(VI) by inserting after subclause (VII) the following:
``(VIII) the executive director or the designee of the
executive director of a public or nonprofit entity that is
located in the State and receiving a grant under part A of
title III;
``(IX) persons with expertise and competence in preventing
and addressing mental health or substance abuse problems in
juvenile delinquents and those at-risk of delinquency;
``(X) representatives of victim or witness advocacy groups;
and''; and
(VII) in subclause (XI), as so redesignated, by striking
``disabilities'' and inserting ``and other disabilities,
truancy reduction or school failure'';
(ii) in subparagraph (D)(ii), by striking ``requirements of
paragraphs (11), (12), and (13)'' and inserting ``core
requirements''; and
(iii) in subparagraph (E)(i), by adding ``and'' at the end;
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A), by striking
``section 222(d)'' and inserting ``section 222(e)''; and
(ii) in subparagraph (C), by striking ``Indian tribes'' and
all that follows through ``applicable to the detention and
confinement of juveniles'' and inserting ``Indian tribes that
agree to attempt to comply with the core requirements
applicable to the detention and confinement of juveniles'';
(D) in paragraph (7)(B)--
(i) by striking clause (i) and inserting the following:
``(i) a plan for ensuring that the chief executive officer
of the State, State legislature, and all appropriate public
agencies in the State with responsibility for provision of
services to children, youth and families are informed of the
requirements of the State plan and compliance with the core
requirements;'';
(ii) in clause (iii), by striking ``and'' at the end; and
(iii) by striking clause (iv) and inserting the following:
``(iv) a plan to provide alternatives to detention,
including diversion to home-based or community-based services
or treatment for those youth in need of mental health,
substance abuse, or co-occurring disorder services at the
time such juveniles first come into contact with the juvenile
justice system;
[[Page S5764]]
``(v) a plan to reduce the number of children housed in
secure detention and corrections facilities who are awaiting
placement in residential treatment programs;
``(vi) a plan to engage family members in the design and
delivery of juvenile delinquency prevention and treatment
services, particularly post-placement; and
``(vii) a plan to use community-based services to address
the needs of at-risk youth or youth who have come into
contact with the juvenile justice system;'';
(E) in paragraph (8), by striking ``existing'' and
inserting ``evidence based and promising'';
(F) in paragraph (9)--
(i) in the matter preceding subparagraph (A), by striking
``section 222(d)'' and inserting ``section 222(e)'';
(ii) in subparagraph (A)(i), by inserting ``status
offenders and other'' before ``youth who need'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other family members'' and
inserting ``status offenders, other youth, and the parents
and other family members of such offenders and youth''; and
(II) by striking ``be retained'' and inserting ``remain'';
(iv) by redesignating subparagraphs (G) through (S) as
subparagraphs (J) through (V), respectively;
(v) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(vi) by inserting after subparagraph (D) the following:
``(E) providing training and technical assistance to, and
consultation with, juvenile justice and child welfare
agencies of States and units of local government to develop
coordinated plans for early intervention and treatment of
youth who have a history of abuse and juveniles who have
prior involvement with the juvenile justice system;'';
(vii) in subparagraph (G), as so redesignated, by striking
``expanding'' and inserting ``programs to expand'';
(viii) by inserting after subparagraph (G), as so
redesignated, the following:
``(H) programs to improve the recruitment, selection,
training, and retention of professional personnel in the
fields of medicine, law enforcement, judiciary, juvenile
justice, social work and child protection, education, and
other relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treatment of
delinquency;
``(I) expanding access to publicly supported, court-
appointed legal counsel and enhancing capacity for the
competent representation of every child;'';
(ix) in subparagraph (O), as so redesignated--
(I) in clause (i), by striking ``restraints'' and inserting
``alternatives''; and
(II) in clause (ii), by striking ``by the provision''; and
(x) in subparagraph (V), as so redesignated, by striking
the period at the end and inserting a semicolon;
(G) in paragraph (11)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(C) encourage the use of community-based alternatives to
secure detention, including programs of public and nonprofit
entities receiving a grant under part A of title III;'';
(H) by striking paragraph (22);
(I) by redesignating paragraphs (23) through (28) as
paragraphs (24) through (29), respectively;
(J) by redesignating paragraphs (14) through (21) as
paragraphs (16) through (23), respectively;
(K) by inserting after paragraph (13) the following:
``(14) require that--
``(A) not later than 3 years after the date of enactment of
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2008, unless a court finds, after a
hearing and in writing, that it is in the interest of
justice, juveniles awaiting trial or other legal process who
are treated as adults for purposes of prosecution in criminal
court and housed in a secure facility--
``(i) shall not have contact with adult inmates; and
``(ii) may not be held in any jail or lockup for adults;
``(B) in determining under subparagraph (A) whether it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults, or have contact with adult
inmates, a court shall consider--
``(i) the age of the juvenile;
``(ii) the physical and mental maturity of the juvenile;
``(iii) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
``(iv) the nature and circumstances of the alleged offense;
``(v) the juvenile's history of prior delinquent acts;
``(vi) the relative ability of the available adult and
juvenile detention facilities to meet the specific needs of
the juvenile and to protect the public;
``(vii) whether placement in a juvenile facility will
better serve the long-term interests of the juvenile and be
more likely to prevent recidivism;
``(viii) the availability of programs designed to treat the
juvenile's behavioral problems; and
``(ix) any other relevant factor; and
``(C) if a court determines under subparagraph (A) that it
is in the interest of justice to permit a juvenile to be held
in any jail or lockup for adults, or have contact with adult
inmates--
``(i) the court shall hold a hearing not less than
frequently than once every 30 days to review whether it is
still in the interest of justice to permit the juvenile to be
so held or have such contact; and
``(ii) the juvenile shall not be held in any jail or lockup
for adults, or permitted to have contact with adult inmates,
for more than 180 days, unless the court, in writing,
determines there is good cause for an extension or the
juvenile expressly waives this limitation;
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal
levels, as applicable, to identify and reduce racial and
ethnic disparities among youth who come into contact with the
juvenile justice system, without establishing or requiring
numerical standards or quotas, by--
``(A) establishing coordinating bodies, composed of
juvenile justice stakeholders at the State, local, or tribal
levels, to oversee and monitor efforts by States, units of
local government, and Indian tribes to reduce racial and
ethnic disparities;
``(B) identifying and analyzing key decision points in
State, local, or tribal juvenile justice systems to determine
which points create racial and ethnic disparities among youth
who come into contact with the juvenile justice system;
``(C) developing and implementing data collection and
analysis systems to identify where racial and ethnic
disparities exist in the juvenile justice system and to track
and analyze such disparities;
``(D) developing and implementing a work plan that includes
measurable objectives for policy, practice, or other system
changes, based on the needs identified in the data collection
and analysis under subparagraphs (B) and (C); and
``(E) publicly reporting, on an annual basis, the efforts
made in accordance with subparagraphs (B), (C), and (D);''
(L) in paragraph (16), as so redesignated--
(i) by striking ``adequate system'' and inserting
``effective system'';
(ii) by striking ``requirements of paragraph (11),'' and
all that follows through ``monitoring to the Administrator''
and inserting ``the core requirements are met, and for annual
reporting to the Administrator of such plan, including the
results of such monitoring and all related enforcement and
educational activities''; and
(iii) by striking ``, in the opinion of the
Administrator,'';
(M) in paragraph (17), as so redesignated, by inserting
``ethnicity,'' after ``race,'';
(N) in paragraph (24), as so redesignated--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end; and
(III) by adding at the end the following:
``(iii) if such court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating such order, the court shall issue a
written order that--
``(I) identifies the valid court order that has been
violated;
``(II) specifies the factual basis for determining that
there is reasonable cause to believe that the juvenile has
violated such order;
``(III) includes findings of fact to support a
determination that there is no appropriate less restrictive
alternative available to placing the juvenile in such a
facility, with due consideration to the best interest of the
juvenile; and
``(IV) specifies the length of time, not to exceed 7 days,
that the juvenile may remain in a secure detention facility
or correctional facility, and includes a plan for the
juvenile's release from such facility; and''; and
(iii) by adding at the end the following:
``(D) there are procedures in place to ensure that any
juvenile held in a secure detention facility or correctional
facility pursuant to a court order described in this
paragraph does not remain in custody longer than 7 days or
the length of time authorized by the court, whichever is
shorter;'';
(O) in paragraph (26), as so redesignated, by striking
``section 222(d)'' and inserting ``section 222(e)'';
(P) in paragraph (27), as so redesignated--
(i) by inserting ``and in accordance with confidentiality
concerns,'' after ``maximum extent practicable,''; and
(ii) by striking the semicolon at the end and inserting the
following: ``, so as to provide for--
``(A) a compilation of data reflecting information on
juveniles entering the juvenile justice system with a prior
reported history as victims of child abuse or neglect through
arrest, court intake, probation and parole, juvenile
detention, and corrections; and
``(B) a plan to use the data described in subparagraph (A)
to provide necessary services for the treatment of victims of
child abuse and neglect who have entered, or are at risk of
entering, the juvenile justice system;'';
(Q) in paragraph (28), as so redesignated--
[[Page S5765]]
(i) by striking ``establish policies'' and inserting
``establish protocols, policies, procedures,''; and
(ii) by striking ``and'' at the end;
(R) in paragraph (29), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(S) by adding at the end the following:
``(30) provide for the coordinated use of funds provided
under this Act with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(31) develop policies and procedures, and provide
training for facility staff, on evidence based and promising
techniques for effective behavior management that are
designed to eliminate the use of dangerous practices,
unreasonable restraints, and isolation;
``(32) provide mental health and substance abuse screening,
assessment, referral, and treatment for juveniles in the
juvenile justice system;
``(33) provide procedural safeguards to adjudicated
juveniles, including--
``(A) a written case plan for each juvenile, based on an
assessment of the needs of the juvenile and developed and
updated in consultation with the juvenile, the family of the
juvenile, and, if appropriate, counsel for the juvenile,
that--
``(i) describes the pre-release and post-release programs
and reentry services that will be provided to the juvenile;
``(ii) describes the living arrangement to which the
juvenile is to be discharged; and
``(iii) establishes a plan for the enrollment of the
juvenile in post-release health care, behavioral health care,
educational, vocational, training, family support, public
assistance, and legal services programs, as appropriate;
``(B) as appropriate, a hearing that--
``(i) shall take place in a family or juvenile court or
another court (including a tribal court) of competent
jurisdiction, or by an administrative body appointed or
approved by the court, not earlier than 30 days before the
date on which the juvenile is scheduled to be released, and
at which the juvenile would be represented by counsel; and
``(ii) shall determine the discharge plan for the juvenile,
including a determination of whether a safe, appropriate, and
permanent living arrangement has been secured for the
juvenile and whether enrollment in health care, behavioral
health care, educational, vocational, training, family
support, public assistance and legal services, as
appropriate, has been arranged for the juvenile; and
``(C) policies to ensure that discharge planning and
procedures--
``(i) are accomplished in a timely fashion prior to the
release from custody of each adjudicated juvenile; and
``(ii) do not delay the release from custody of the
juvenile; and
``(34) provide a description of the use by the State of
funds for reentry and aftercare services for juveniles
released from the juvenile justice system.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``applicable requirements of paragraphs
(11), (12), (13), and (22) of subsection (a)'' and inserting
``core requirements''; and
(ii) by striking ``2001, then'' and inserting ``2008'';
(B) in paragraph (1), by striking ``, and'' at the end and
inserting a semicolon;
(C) in paragraph (2)(B)(ii)--
(i) by inserting ``, administrative,'' after ``appropriate
executive''; and
(ii) by striking the period at the end and inserting ``, as
specified in section 222(c); and''; and
(D) by adding at the end the following:
``(3) the State shall submit to the Administrator a report
detailing the reasons for noncompliance with the core
requirements, including the plan of the State to regain full
compliance, and the State shall make publicly available such
report, not later than 30 days after the date on which the
Administrator approves the report, by posting the report on a
publicly available website.'';
(3) in subsection (d)--
(A) by striking ``section 222(d)'' and inserting ``section
222(e)'';
(B) by striking ``described in paragraphs (11), (12), (13)
and (22) of subsection (a)'' and inserting ``described in the
core requirements''; and
(C) by striking ``the requirements under paragraphs (11),
(12), (13) and (22) of subsection (a)'' and inserting ``the
core requirements''; and
(4) by striking subsection (f) and inserting the following:
``(f) Compliance Determination.--Not later than 60 days
after the date of receipt of information indicating that a
State may be out of compliance with any of the core
requirements, the Administrator shall--
``(1) determine whether the State is in compliance with the
core requirements;
``(2) issue a public report describing the determination
described in paragraph (1), including a summary of the
information on which the determination is based and the
actions to be taken by the Administrator (including a
description of any reduction imposed under subsection (c));
and
``(3) make the report described in paragraph (2) available
on a publicly available website.
``(g) Technical Assistance.--
``(1) Organization of state advisory group member
representatives.--The Administrator shall provide technical
and financial assistance to an agency, institution, or
organization to assist in carrying out the activities
described in paragraph (3). The functions and activities of
an agency, institution, or organization under this subsection
shall not be subject to the Federal Advisory Committee Act.
``(2) Composition.--To be eligible to receive assistance
under this subsection, an agency, institution, or
organization shall--
``(A) be governed by individuals who--
``(i) have been appointed by a chief executive of a State
to serve as a member of a State advisory group established
under subsection (a)(3); and
``(ii) are elected to serve as a governing officer of such
an agency, institution, or organization by a majority of the
member Chairs (or the designees of the member Chairs) of all
State advisory groups established under subsection (a)(3);
``(B) include member representatives--
``(i) from a majority of the State advisory groups
established under subsection (a)(3); and
``(ii) who are representative of regionally and
demographically diverse State jurisdictions; and
``(C) annually seek advice from the Chairs (or the
designees of the member Chairs) of each State advisory group
established under subsection (a)(3) to implement the advisory
functions specified in subparagraphs (D) and (E) of paragraph
(3) of this subsection.
``(3) Activities.--To be eligible to receive assistance
under this subsection, an agency, institution, or
organization shall agree to--
``(A) conduct an annual conference of the member
representatives of the State advisory groups established
under subsection (a)(3) for purposes relating to the
activities of such State advisory groups;
``(B) disseminate information, data, standards, advanced
techniques, and program models;
``(C) review Federal policies regarding juvenile justice
and delinquency prevention;
``(D) advise the Administrator regarding particular
functions or aspects of the work of the Office; and
``(E) advise the President and Congress regarding State
perspectives on the operation of the Office and Federal
legislation relating to juvenile justice and delinquency
prevention.''.
SEC. 206. AUTHORITY TO MAKE GRANTS.
Section 241(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended--
(1) in paragraph (1), by inserting ``status offenders,''
before ``juvenile offenders, and juveniles'';
(2) in paragraph (5), by striking ``juvenile offenders and
juveniles'' and inserting ``status offenders, juvenile
offenders, and juveniles'';
(3) in paragraph (10), by inserting ``, including juveniles
with disabilities'' before the semicolon;
(4) in paragraph (17), by inserting ``truancy prevention
and reduction,'' after ``mentoring,'';
(5) in paragraph (24), by striking ``and'' at the end;
(6) by redesignating paragraph (25) as paragraph (26); and
(7) by inserting after paragraph (24) the following:
``(25) projects that support the establishment of
partnerships between a State and a university, institution of
higher education, or research center designed to improve the
recruitment, selection, training, and retention of
professional personnel in the fields of medicine, law
enforcement, judiciary, juvenile justice, social work and
child protection, education, and other relevant fields who
are engaged in, or intend to work in, the field of
prevention, identification, and treatment of delinquency;
and''.
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION.
(a) In General.--Section 251 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph (A), by striking
``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``plan and identify''
and inserting ``annually provide a written and publicly
available plan to identify''; and
(iii) in subparagraph (B)--
(I) by amending clause (iii) to read as follows:
``(iii) successful efforts to prevent status offenders and
first-time minor offenders from subsequent involvement with
the criminal justice system;'';
(II) by amending clause (vii) to read as follows:
``(vii) the prevalence and duration of behavioral health
needs (including mental health, substance abuse, and co-
occurring disorders) among juveniles pre-placement and post-
placement when held in the custody of secure detention and
corrections facilities, including an examination of the
effects of confinement;'';
(III) by redesignating clauses (ix), (x), and (xi) as
clauses (xi), (xii), and (xiii), respectively; and
(IV) by inserting after clause (viii) the following:
``(ix) training efforts and reforms that have produced
reductions in or elimination of the use of dangerous
practices;
[[Page S5766]]
``(x) methods to improve the recruitment, selection,
training, and retention of professional personnel in the
fields of medicine, law enforcement, judiciary, juvenile
justice, social work and child protection, education, and
other relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treatment of
delinquency;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``and not later than 1 year after the date of enactment of
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2008'' after ``date of enactment of
this paragraph'';
(ii) in subparagraph (F), by striking ``and'' at the end;
(iii) in subparagraph (G), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
``(I) an assessment of living arrangements for juveniles
who cannot return to the homes of the juveniles.'';
(2) in subsection (b), in the matter preceding paragraph
(a), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator
shall--
``(1) establish a uniform method of data collection and
technology that States shall use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) make cumulative juvenile recidivism data that is
collected from States available to the public.''.
(b) Studies.--
(1) In general.--The Administrator shall conduct a study
and publish a report on the differences between male and
female juvenile offenders that includes analyses of--
(A) risk factors specific to the development of delinquent
behavior in girls;
(B) the mental health needs of delinquent girls and girls
at risk of delinquency;
(C) delinquency prevention and intervention programs that
are effective among girls; and
(D) how prevention and intervention programs for delinquent
girls and girls at-risk of delinquency can be made more
effective.
(2) Assessment of treating juveniles as adults.--The
Administrator shall--
(A) not later than 3 years after the date of enactment of
this Act, assess the effectiveness of the practice of
treating juveniles as adults for purposes of prosecution in
criminal court; and
(B) not later than 42 months after the date of enactment of
this Act, submit to Congress and the President, and make
publicly available, a report on the findings and conclusions
of the assessment under subparagraph (A) and any recommended
changes in law identified as a result of the assessment under
subparagraph (A).
(3) Outcome study of former juvenile offenders.--The
Administrator shall conduct a study of adjudicated juveniles
and publish a report on the outcomes for juveniles who have
reintegrated into the community, which shall include
information on the outcomes relating to family reunification,
housing, education, employment, health care, behavioral
health care, and repeat offending.
(4) Definition of administrator.--In this subsection, the
term ``Administrator'' means the head of the Office of
Juvenile Justice and Delinquency Prevention.
SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5662) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1), by inserting ``shall'' before
``develop and carry out projects''; and
(C) in paragraph (2), by inserting ``may'' before ``make
grants to and contracts with'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop and implement
projects''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants to and
contracts with''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and
units of local government on achieving compliance with the
amendments made by the Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2008; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between the
State and a university, institution of higher education, or
research center designed to improve the recruitment,
selection, training, and retention of professional personnel
in the fields of medicine, law enforcement, judiciary,
juvenile justice, social work and child protection,
education, and other relevant fields who are engaged in, or
intend to work in, the field of prevention, identification,
and treatment of delinquency.''; and
(3) by adding at the end the following:
``(d) Technical Assistance to States Regarding Legal
Representation of Children.--The Administrator shall develop
and issue standards of practice for attorneys representing
children, and ensure that the standards are adapted for use
in States.
``(e) Training and Technical Assistance for Local and State
Juvenile Detention and Corrections Personnel.--The
Administrator shall coordinate training and technical
assistance programs with juvenile detention and corrections
personnel of States and units of local government to promote
evidence based and promising methods for improving conditions
of juvenile confinement, including those that are designed to
minimize the use of dangerous practices, unreasonable
restraints, and isolation.
``(f) Training and Technical Assistance To Support Mental
Health or Substance Abuse Treatment Including Home-Based or
Community-Based Care.--The Administrator shall provide
training and technical assistance, in conjunction with the
appropriate public agencies, to individuals involved in
making decisions regarding the disposition of cases for youth
who enter the juvenile justice system, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.''.
SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following:
``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS
``SEC. 271. INCENTIVE GRANTS.
``(a) Incentive Grant Funds.--The Administrator may make
incentive grants to a State, unit of local government, or
combination of States and local governments to assist a
State, unit of local government, or combination thereof in
carrying out an activity identified in subsection (b)(1).
``(b) Use of Funds.--
``(1) In general.--An incentive grant made by the
Administrator under this section may be used to--
``(A) increase the use of evidence based or promising
prevention and intervention programs;
``(B) improve the recruitment, selection, training, and
retention of professional personnel (including in the fields
of medicine, law enforcement, judiciary, juvenile justice,
social work, and child prevention) who are engaged in, or
intend to work in, the field of prevention, intervention, and
treatment of juveniles to reduce delinquency;
``(C) establish a partnership between juvenile justice
agencies of a State or unit of local government and mental
health authorities of State or unit of local government to
establish and implement programs to ensure there are adequate
mental health and substance abuse screening, assessment,
referral, treatment, and after-care services for juveniles
who come into contact with the justice system;
``(D) provide training, in conjunction with the public or
private agency that provides mental health services, to
individuals involved in making decisions involving youth who
enter the juvenile justice system (including intake
personnel, law enforcement, prosecutors, juvenile court
judges, public defenders, mental health and substance abuse
service providers and administrators, probation officers, and
parents) that focuses on--
``(i) the availability of screening and assessment tools
and the effective use of such tools;
``(ii) the purpose, benefits, and need to increase
availability of mental health or substance abuse treatment
programs (including home-based and community-based programs)
available to juveniles within the jurisdiction of the
recipient;
``(iii) the availability of public and private services
available to juveniles to pay for mental health or substance
abuse treatment programs; or
``(iv) the appropriate use of effective home-based and
community-based alternatives to juvenile justice or mental
health system institutional placement; and
``(E) provide services to juveniles with mental health or
substance abuse disorders who are at risk of coming into
contact with the justice system.
``(2) Coordination and administration.--A State or unit of
local government receiving a grant under this section shall
ensure that--
``(A) the use of the grant under this section is developed
as part of the State plan required under section 223(a); and
``(B) not more than 5 percent of the amount received under
this section is used for administration of the grant under
this section.
``(c) Application.--
``(1) In general.--A State or unit of local government
desiring a grant under this section shall submit an
application at such time, in such manner, and containing such
information as the Administrator may prescribe.
``(2) Contents.--In accordance with guidelines that shall
be established by the Administrator, each application for
incentive grant funding under this section shall--
[[Page S5767]]
``(A) describe any activity or program the funding would be
used for and how the activity or program is designed to carry
out 1 or more of the activities described in subsection (b);
``(B) if any of the funds provided under the grant would be
used for evidence based or promising prevention or
intervention programs, include a detailed description of the
studies, findings, or practice knowledge that support the
assertion that such programs qualify as evidence based or
promising; and
``(C) for any program for which funds provided under the
grant would be used that is not evidence based or promising,
include a detailed description of any studies, findings, or
practice knowledge which support the effectiveness of the
program.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Parts C and
E'' and inserting ``Parts C, E, and F'';
(B) in paragraph (1), by striking ``this title'' and all
that follows and inserting the following: ``this title--
``(A) $196,700,000 for fiscal year 2009.;
``(B) $245,900,000 for fiscal year 2010;
``(C) $295,100,000 for fiscal year 2011;
``(D) $344,300,000 for fiscal year 2012; and
``(E) $393,500,000 for fiscal year 2013.''; and
(C) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``parts C and E'' and inserting ``parts C,
E, and F'';
(2) in subsection (b), by striking ``fiscal years 2003,
2004, 2005, 2006, and 2007'' and inserting ``fiscal years
2009, 2010, 2011, 2012, and 2013'';
(3) in subsection (c), by striking ``fiscal years 2003,
2004, 2005, 2006, and 2007'' and inserting ``fiscal years
2009, 2010, 2011, 2012, and 2013'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part F.--There
are authorized to be appropriated to carry out part F, and
authorized to remain available until expended, $60,000,000
for each of fiscal years 2009, 2010, 2011, 2012, and 2013. Of
the sums that are appropriated for a fiscal year to carry out
part F, not less than 50 percent shall be used to fund
programs that are carrying out an activity described in
subparagraph (C), (D), or (E) of section 271(b)(1).''.
SEC. 211. ADMINISTRATIVE AUTHORITY.
Section 299A(e) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5672(e)) is amended by
striking ``requirements described in paragraphs (11), (12),
and (13) of section 223(a)'' and inserting ``core
requirements''.
SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.
The Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) is amended--
(1) in section 204(b)(6), by striking ``section
223(a)(15)'' and inserting ``section 223(a)(16)'';
(2) in section 246(a)(2)(D), by striking ``section 222(c)''
and inserting ``section 222(d)''; and
(3) in section 299D(b), of by striking ``section 222(c)''
and inserting ``section 222(d)''.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 301. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
(1) in the section heading, by striking ``DEFINITION'' and
inserting ``DEFINITIONS''; and
(2) by striking ``this title, the term'' and inserting the
following: ``this title--
``(1) the term `mentoring' means matching 1 adult with 1 or
more youths (not to exceed 4 youths) for the purpose of
providing guidance, support, and encouragement aimed at
developing the character of the youths, where the adult and
youths meet regularly for not less than 4 hours each month
for not less than a 9-month period; and
``(2) the term''.
SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504(a) of the Incentive Grants for Local
Delinquency Prevention Programs Act of 2002 (42 U.S.C.
5783(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) mentoring programs.''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
Section 505 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended
to read as follows:
``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title--
``(1) $272,200,000 for fiscal year 2009;
``(2) $322,800,000 for fiscal year 2010;
``(3) $373,400,000 for fiscal year 2011;
``(4) $424,000,000 for fiscal year 2012; and
``(5) $474,600,000 for fiscal year 2013.''.
SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.
The Juvenile Justice and Delinquency Prevention Act of 1974
is amended by striking title V, as added by the Juvenile
Justice and Delinquency Prevention Act of 1974 (Public Law
93-415; 88 Stat. 1133) (relating to miscellaneous and
conforming amendments).
Mr. KOHL. Mr. President, I rise today with Senator Leahy and Senator
Specter to introduce the Juvenile Justice and Delinquency Prevention
Reauthorization Act. The Juvenile Justice and Delinquency Prevention
Act, JJDPA, has played a key role in successful state and local efforts
to reduce juvenile crime and get kids back on track after they have had
run-ins with the law. This legislation will reauthorize and make
significant improvements to these important programs.
A successful strategy to combat juvenile crime consists of a large
dose of prevention and intervention programs. Juvenile justice programs
have proven time and time again that they help prevent crime,
strengthen communities, and rehabilitate juvenile offenders. The JJDPA
has always had a dual focus: prevention and rehabilitation.
The JJDPA has successfully focused on intervening in a positive
manner to work with those teens that have fallen through the cracks and
have had a few scrapes with the law. Many of the juveniles who come
into contact with the justice system are not violent offenders or gang
members. Rather, they are young people who have made mistakes and
deserve a second chance to succeed and lead healthy lives. In fact,
seventy percent of youth in detention are held for nonviolent charges.
Research has shown that youth who come into contact with the justice
system can be rehabilitated, and we have an obligation to support
successful programs that do just that.
While putting young people on the right path after they have had run-
ins with the law is tremendously important, we would all prefer to keep
them from getting into trouble in the first place. Title V, of course,
is the only federal program that is dedicated exclusively to juvenile
crime prevention. Evidence-based prevention programs are proven to
reduce crime. Because each child prevented from engaging in repeat
criminal offenses can save the community $1.7 to $3.4 million, reducing
crime actually saves money. Research has shown that every dollar spent
on effective, evidence based programs can yield up to $13 in cost
savings.
Since the last reauthorization in 2002, research and experience have
revealed that there is still room for improvement. That is why we are
proposing a number of changes to the Act.
Under Title II, the existing JJDPA requires states to comply with
certain core requirements that are designed to protect and assist in
the rehabilitation of juvenile offenders. This legislation makes
improvements to four of the core requirements--removal of juveniles
from adult jails, preventing contact between juvenile offenders and
adult inmates, the deinstitutionalization of status offenders, and
disproportionate minority contact, DMC.
The legislation would amend the jail removal and sight and sound
requirements to ensure that juveniles charged as adults are not placed
in an adult facility or allowed to have contact with adult inmates
unless a court finds that it is in the interest of justice to do so.
Research has shown that juveniles who spend time in adult jails am more
likely to reoffend. Therefore, it is critical that we get judges more
involved in this process to ensure that it is in everyone's best
interest, but particularly the juvenile's best interest, to place that
young person in an adult facility.
This measure would also place important limitations on the valid
court order exception to the deinstitutionalization of status
offenders. Under the current JJDPA, courts can order status offenders
to be placed in secure detention with minimal process and no limit on
duration. We seek to change both of these. This bill would place a 7
day limit on the amount of time a status offender can spend in a secure
facility, and ensure that juvenile status offenders have significant
procedural protections.
In addition, the legislation will push states to take concrete steps
to identify the causes of disproportionate minority contact and take
meaningful steps to achieve concrete reductions.
The bill also focuses a great deal of attention on improving
cooperation between the states and the Federal Government in the area
of juvenile justice.
[[Page S5768]]
It directs the administrator of the Office of Juvenile Justice to
conduct additional research. It seeks to strengthen the amount of
training and technical assistance provided by the Federal Government,
particularly workforce training for those people who work directly with
juveniles at every stage of the juvenile justice system.
The Juvenile Justice and Delinquency Prevention Reauthorization Act
would improve treatment of juveniles in two important respects. It
seeks to end the use of improper isolation and dangerous practices, and
it encourages the use of best practices and alternatives to detention.
This measure also places a greater focus on mental health and
substance abuse treatment for juveniles who come into contact, or are
at risk of coming into contact, with the juvenile justice system.
Research has shown that the prevalence of mental disorders among youth
in juvenile justice systems is two to three times higher than among
youth who have not had run-ins with the law. Taking meaningful steps to
provide adequate mental health screening and treatment for these
juveniles is a critical part of getting them on the right track, and
needs to be a part of Federal, State and local efforts to rehabilitate
juvenile offenders.
Finally, and possibly most importantly, the key to success is
adequate support. Funding for juvenile justice programs has been on a
downward spiral for the last seven years. Just five years ago, these
programs received approximately $556 million, with more than $94
million for the Title V Local Delinquency Prevention Program and nearly
$250 million for the Juvenile Accountability Block Grant program. This
year, the Administration requested just $250 million for all juvenile
justice programs, which represents more than a 50 percent cut from
Fiscal Year 2002. Local communities do a great job of leveraging this
funding to accomplish great things, but we cannot say with a straight
face that this level is sufficient.
Therefore, we are seeking to authorize increased funding for the
Juvenile Justice and Delinquency Prevention Act. The bill will
authorize more than $272 million for Title V and nearly $200 million
for Title II in Fiscal Year 2009. Then, funding for each title will
increase by $50 million each subsequent fiscal year. These programs are
in desperate need of adequate funding. It is money well spent, and this
increase in authorized funding will demonstrate Congressional support
for these critical programs.
In addition to increased funding for traditional JJDPA programs, we
have created a new incentive grant program under the Act. This program
authorizes another $60 million per year to help local communities to
supplement efforts under the Act, and in some cases go above and beyond
what is required of them. Specifically, this funding will support
evidence based and promising prevention and intervention programs. It
will enhance workforce training, which will improve the treatment and
rehabilitation of juveniles who come into contact with the system.
Lastly, a significant portion of this funding will be dedicated to
mental health screening and treatment of juveniles who have come into
contact, or are at risk of coming into contact, with the justice
system.
The Juvenile Justice and Delinquency Prevention Act is an incredibly
successful program. The fact that it is cost efficient is important.
But the most important thing is that it is effective. It is effective
in reaching the kids it is designed to help. The evidence based
prevention programs it funds are able to touch the lives of at-risk
youth and steer them away from a life of crime. And for those who have
unfortunately already had run-ins with law enforcement, its
intervention and treatment programs have successfully helped countless
kids get their lives back on the right track and become productive
members of society.
It is beyond dispute that these proven programs improve and
strengthen young people, as well as their families and their
communities. For that reason, we urge our colleagues to support this
important measure to reauthorize and improve these programs.
____________________