[Congressional Record (Bound Edition), Volume 147 (2001), Part 14]
[House]
[Pages 19882-19887]
[From the U.S. Government Publishing Office, www.gpo.gov]



            CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2001

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 863) to provide grants to ensure increased 
accountability for juvenile offenders, as amended.
  The Clerk read as follows:

                                H.R. 863

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Consequences for Juvenile 
     Offenders Act of 2001''.

     SEC. 2. GRANT PROGRAM.

       Part R of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to 
     read as follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

     ``SEC. 1801. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General is authorized to 
     provide grants to States, for use by States and units of 
     local government, and in certain cases directly to specially 
     qualified units.
       ``(b) Authorized Activities.--Amounts paid to a State or a 
     unit of local government under this part shall be used by the 
     State or unit of local government for the purpose of 
     strengthening the juvenile justice system, which includes--
       ``(1) developing, implementing, and administering graduated 
     sanctions for juvenile offenders;
       ``(2) building, expanding, renovating, or operating 
     temporary or permanent juvenile correction, detention, or 
     community corrections facilities;
       ``(3) hiring juvenile court judges, probation officers, and 
     court-appointed defenders and special advocates, and funding 
     pretrial services (including mental health screening and 
     assessment) for juvenile offenders, to promote the effective 
     and expeditious administration of the juvenile justice 
     system;
       ``(4) hiring additional prosecutors, so that more cases 
     involving violent juvenile offenders can be prosecuted and 
     case backlogs reduced;
       ``(5) providing funding to enable prosecutors to address 
     drug, gang, and youth violence problems more effectively and 
     for technology, equipment, and training to assist prosecutors 
     in identifying and expediting the prosecution of violent 
     juvenile offenders;
       ``(6) establishing and maintaining training programs for 
     law enforcement and other court personnel with respect to 
     preventing and controlling juvenile crime;
       ``(7) establishing juvenile gun courts for the prosecution 
     and adjudication of juvenile firearms offenders;
       ``(8) establishing drug court programs for juvenile 
     offenders that provide continuing judicial supervision over 
     juvenile offenders with substance abuse problems and the 
     integrated administration of other sanctions and services for 
     such offenders;
       ``(9) establishing and maintaining a system of juvenile 
     records designed to promote public safety;
       ``(10) establishing and maintaining interagency 
     information-sharing programs that enable the juvenile and 
     criminal justice systems, schools, and social services 
     agencies to make more informed decisions regarding the early 
     identification, control, supervision, and treatment of 
     juveniles who repeatedly commit serious delinquent or 
     criminal acts;
       ``(11) establishing and maintaining accountability-based 
     programs designed to reduce recidivism among juveniles who 
     are referred by law enforcement personnel or agencies;
       ``(12) establishing and maintaining programs to conduct 
     risk and need assessments of juvenile offenders that 
     facilitate the effective early intervention and the provision 
     of comprehensive services, including mental health screening 
     and treatment and substance abuse testing and treatment to 
     such offenders;
       ``(13) establishing and maintaining accountability-based 
     programs that are designed to enhance school safety;
       ``(14) establishing and maintaining restorative justice 
     programs;
       ``(15) establishing and maintaining programs to enable 
     juvenile courts and juvenile probation officers to be more 
     effective and efficient in holding juvenile offenders 
     accountable and reducing recidivism; or
       ``(16) hiring detention and corrections personnel, and 
     establishing and maintaining training programs for such 
     personnel to improve facility practices and programming.
       ``(c) Definition.--For purposes of this section, the term 
     `restorative justice program' means a program that emphasizes 
     the moral accountability of an offender toward the victim and 
     the affected community, and may include community reparations 
     boards, restitution (in the form of monetary payment or 
     service to the victim or, where no victim can be identified, 
     service to the affected community), and mediation between 
     victim and offender.

     ``SEC. 1802. GRANT ELIGIBILITY.

       ``(a) State Eligibility.--To be eligible to receive a grant 
     under this section, a State shall submit to the Attorney 
     General an application at such time, in such form, and 
     containing such assurances and information as the Attorney 
     General may require by guidelines, including--
       ``(1) information about--
       ``(A) the activities proposed to be carried out with such 
     grant; and
       ``(B) the criteria by which the State proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(2) assurances that the State and any unit of local 
     government to which the State provides funding under section 
     1803(b), has in effect (or shall have in effect, not later 
     than 1

[[Page 19883]]

     year after the date that the State submits such application) 
     laws, or has implemented (or shall implement, not later than 
     1 year after the date that the State submits such 
     application) policies and programs, that provide for a system 
     of graduated sanctions described in subsection (c).
       ``(b) Local Eligibility.--
       ``(1) Subgrant eligibility.--To be eligible to receive a 
     subgrant, a unit of local government, other than a specially 
     qualified unit, shall provide to the State--
       ``(A) information about--
       ``(i) the activities proposed to be carried out with such 
     subgrant; and
       ``(ii) the criteria by which the unit proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(B) such assurances as the State shall require, that, to 
     the maximum extent applicable, the unit of local government 
     has in effect (or shall have in effect, not later than 1 year 
     after the date that the unit submits such application) laws, 
     or has implemented (or shall implement, not later than 1 year 
     after the date that the unit submits such application) 
     policies and programs, that provide for a system of graduated 
     sanctions described in subsection (c).
       ``(2) Special rule.--The requirements of paragraph (1) 
     shall apply to a specially qualified unit that receives funds 
     from the Attorney General under section 1803(e), except that 
     information that is otherwise required to be submitted to the 
     State shall be submitted to the Attorney General.
       ``(c) Graduated Sanctions.--A system of graduated 
     sanctions, which may be discretionary as provided in 
     subsection (d), shall ensure, at a minimum, that--
       ``(1) sanctions are imposed on a juvenile offender for each 
     delinquent offense;
       ``(2) sanctions escalate in intensity with each subsequent, 
     more serious delinquent offense;
       ``(3) there is sufficient flexibility to allow for 
     individualized sanctions and services suited to the 
     individual juvenile offender; and
       ``(4) appropriate consideration is given to public safety 
     and victims of crime.
       ``(d) Discretionary Use of Sanctions.--
       ``(1) Voluntary participation.--A State or unit of local 
     government may be eligible to receive a grant under this part 
     if--
       ``(A) its system of graduated sanctions is discretionary; 
     and
       ``(B) it demonstrates that it has promoted the use of a 
     system of graduated sanctions by taking steps to encourage 
     implementation of such a system by juvenile courts.


       ``(2) Reporting requirement if graduated sanctions not 
     used.--
       ``(A) Juvenile courts.--A State or unit of local government 
     in which the imposition of graduated sanctions is 
     discretionary shall require each juvenile court within its 
     jurisdiction--
       ``(i) which has not implemented a system of graduated 
     sanctions, to submit an annual report that explains why such 
     court did not implement graduated sanctions; and
       ``(ii) which has implemented a system of graduated 
     sanctions but has not imposed graduated sanctions in all 
     cases, to submit an annual report that explains why such 
     court did not impose graduated sanctions in all cases.
       ``(B) Units of local government.--Each unit of local 
     government, other than a specially qualified unit, that has 1 
     or more juvenile courts that use a discretionary system of 
     graduated sanctions shall collect the information reported 
     under subparagraph (A) for submission to the State each year.
       ``(C) States.--Each State and specially qualified unit that 
     has 1 or more juvenile courts that use a discretionary system 
     of graduated sanctions shall collect the information reported 
     under subparagraph (A) for submission to the Attorney General 
     each year. A State shall also collect and submit to the 
     Attorney General the information collected under subparagraph 
     (B).
       ``(e) Definitions.--For purposes of this section:
       ``(1) The term `discretionary' means that a system of 
     graduated sanctions is not required to be imposed by each and 
     every juvenile court in a State or unit of local government.
       ``(2) The term `sanctions' means tangible, proportional 
     consequences that hold the juvenile offender accountable for 
     the offense committed. A sanction may include counseling, 
     restitution, community service, a fine, supervised probation, 
     or confinement.

     ``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) State Allocation.--
       ``(1) In general.--In accordance with regulations 
     promulgated pursuant to this part and except as provided in 
     paragraph (3), the Attorney General shall allocate--
       ``(A) 0.50 percent for each State; and
       ``(B) of the total funds remaining after the allocation 
     under subparagraph (A), to each State, an amount which bears 
     the same ratio to the amount of remaining funds described in 
     this subparagraph as the population of people under the age 
     of 18 living in such State for the most recent calendar year 
     in which such data is available bears to the population of 
     people under the age of 18 of all the States for such fiscal 
     year.
       ``(2) Prohibition.--No funds allocated to a State under 
     this subsection or received by a State for distribution under 
     subsection (b) may be distributed by the Attorney General or 
     by the State involved for any program other than a program 
     contained in an approved application.
       ``(b) Local Distribution.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State which receives funds under subsection (a)(1) in a 
     fiscal year shall distribute among units of local government, 
     for the purposes specified in section 1801, not less than 75 
     percent of such amounts received.
       ``(2) Waiver.--If a State submits to the Attorney General 
     an application for waiver that demonstrates and certifies to 
     the Attorney General that--
       ``(A) the State's juvenile justice expenditures in the 
     fiscal year preceding the date in which an application is 
     submitted under this part (the `State percentage') is more 
     than 25 percent of the aggregate amount of juvenile justice 
     expenditures by the State and its eligible units of local 
     government; and
       ``(B) the State has consulted with as many units of local 
     government in such State, or organizations representing such 
     units, as practicable regarding the State's calculation of 
     expenditures under subparagraph (A), the State's application 
     for waiver under this paragraph, and the State's proposed 
     uses of funds,

     the percentage referred to in paragraph (1) shall equal the 
     percentage determined by subtracting the State percentage 
     from 100 percent.
       ``(3) Allocation.--In making the distribution under 
     paragraph (1), the State shall allocate to such units of 
     local government an amount which bears the same ratio to the 
     aggregate amount of such funds as--
       ``(A) the sum of--
       ``(i) the product of--

       ``(I) three-quarters; multiplied by
       ``(II) the average juvenile justice expenditure for such 
     unit of local government for the 3 most recent calendar years 
     for which such data is available; plus

       ``(ii) the product of--

       ``(I) one-quarter; multiplied by
       ``(II) the average annual number of part 1 violent crimes 
     in such unit of local government for the 3 most recent 
     calendar years for which such data is available, bears to--

       ``(B) the sum of the products determined under subparagraph 
     (A) for all such units of local government in the State.
       ``(4) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (3) for a payment 
     period shall not exceed 100 percent of juvenile justice 
     expenditures of the unit for such payment period.
       ``(5) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (4) shall be available to other units 
     of local government that are not affected by such operation 
     in accordance with this subsection.
       ``(c) Unavailability of Data for Units of Local 
     Government.--If the State has reason to believe that the 
     reported rate of part 1 violent crimes or juvenile justice 
     expenditures for a unit of local government is insufficient 
     or inaccurate, the State shall--
       ``(1) investigate the methodology used by the unit to 
     determine the accuracy of the submitted data; and
       ``(2) if necessary, use the best available comparable data 
     regarding the number of violent crimes or juvenile justice 
     expenditures for the relevant years for the unit of local 
     government.
       ``(d) Local Government With Allocations Less Than 
     $10,000.--If under this section a unit of local government is 
     allocated less than $10,000 for a payment period, the amount 
     allotted shall be expended by the State on services to units 
     of local government whose allotment is less than such amount 
     in a manner consistent with this part.
       ``(e) Direct Grants to Specially Qualified Units.--
       ``(1) In general.--If a State does not qualify or apply for 
     funds reserved for allocation under subsection (a) by the 
     application deadline established by the Attorney General, the 
     Attorney General shall reserve not more than 75 percent of 
     the allocation that the State would have received under 
     subsection (a) for such fiscal year to provide grants to 
     specially qualified units which meet the requirements for 
     funding under section 1802.
       ``(2) Award basis.--In addition to the qualification 
     requirements for direct grants for specially qualified units 
     the Attorney General may use the average amount allocated by 
     the States to units of local government as a basis for 
     awarding grants under this section.

     ``SEC. 1804. GUIDELINES.

       ``(a) In General.--The Attorney General shall issue 
     guidelines establishing procedures under which a State or 
     specially qualified unit of local government that receives 
     funds under section 1803 is required to provide notice to the 
     Attorney General regarding the proposed use of funds made 
     available under this part.
       ``(b) Advisory Board.--The guidelines referred to in 
     subsection (a) shall include a requirement that such eligible 
     State or unit of local government establish and convene an 
     advisory board to review the proposed uses of

[[Page 19884]]

     such funds. The board shall include representation from, if 
     appropriate--
       ``(1) the State or local police department;
       ``(2) the local sheriff's department;
       ``(3) the State or local prosecutor's office;
       ``(4) the State or local juvenile court;
       ``(5) the State or local probation office;
       ``(6) the State or local educational agency;
       ``(7) a State or local social service agency;
       ``(8) a nonprofit, nongovernmental victim advocacy 
     organization; and
       ``(9) a nonprofit, religious, or community group.

     ``SEC. 1805. PAYMENT REQUIREMENTS.

       ``(a) Timing of Payments.--The Attorney General shall pay, 
     to each State or specially qualified unit of local government 
     that receives funds under section 1803 that has submitted an 
     application under this part, the amount awarded to such State 
     or unit not later than the later of the following two dates:
       ``(1) 180 days after the date that the amount is available.
       ``(2) The first day of the payment period if the State has 
     provided the Attorney General with the assurances required by 
     subsection (c).
       ``(b) Repayment of Unexpended Amounts.--
       ``(1) Repayment required.--From amounts awarded under this 
     part, a State or specially qualified unit shall repay to the 
     Attorney General, before the expiration of the 36-month 
     period beginning on the date of the award, any amount that is 
     not expended by such State or unit.
       ``(2) Extension.--The Attorney General may adopt policies 
     and procedures providing for a one-time extension, by not 
     more than 12 months, of the period referred to in paragraph 
     (1).
       ``(3) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Attorney General shall reduce 
     payment in future payment periods accordingly.
       ``(4) Deposit of amounts repaid.--Amounts received by the 
     Attorney General as repayments under this subsection shall be 
     deposited in a designated fund for future payments to States 
     and specially qualified units.
       ``(c) Administrative Costs.--A State or unit of local 
     government that receives funds under this part may use not 
     more than 5 percent of such funds to pay for administrative 
     costs.
       ``(d) Nonsupplanting Requirement.--Funds made available 
     under this part to States and units of local government shall 
     not be used to supplant State or local funds as the case may 
     be, but shall be used to increase the amount of funds that 
     would, in the absence of funds made available under this 
     part, be made available from State or local sources, as the 
     case may be.
       ``(e) Matching Funds.--
       ``(1) In general.--The Federal share of a grant received 
     under this part may not exceed 90 percent of the total 
     program costs.
       ``(2) Construction of facilities.--Notwithstanding 
     paragraph (1), with respect to the cost of constructing 
     juvenile detention or correctional facilities, the Federal 
     share of a grant received under this part may not exceed 50 
     percent of approved cost.

     ``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

       ``Funds or a portion of funds allocated under this part may 
     be used by a State or unit of local government that receives 
     a grant under this part to contract with private, nonprofit 
     entities, or community-based organizations to carry out the 
     purposes specified under section 1801(b).

     ``SEC. 1807. ADMINISTRATIVE PROVISIONS.

       ``(a) In General.--A State or specially qualified unit that 
     receives funds under this part shall--
       ``(1) establish a trust fund in which the government will 
     deposit all payments received under this part;
       ``(2) use amounts in the trust fund (including interest) 
     during the period specified in section 1805(b)(1) and any 
     extension of that period under section 1805(b)(2);
       ``(3) designate an official of the State or specially 
     qualified unit to submit reports as the Attorney General 
     reasonably requires, in addition to the annual reports 
     required under this part; and
       ``(4) spend the funds only for the purpose of strengthening 
     the juvenile justice system.
       ``(b) Title I Provisions.--Except as otherwise provided, 
     the administrative provisions of part H shall apply to this 
     part and for purposes of this section any reference in such 
     provisions to title I shall be deemed to include a reference 
     to this part.

     ``SEC. 1808. ASSESSMENT REPORTS.

       ``(a) Reports to Attorney General.--
       ``(1) In general.--Except as provided in paragraph (4), for 
     each fiscal year for which a grant or subgrant is awarded 
     under this part, each State or specially qualified unit of 
     local government that receives such a grant shall submit to 
     the Attorney General a grant report, and each unit of local 
     government that receives such a subgrant shall submit to the 
     State a subgrant report, at such time and in such manner as 
     the Attorney General may reasonably require.
       ``(2) grant report.--Each grant report required by 
     paragraph (1) shall include--
       ``(A) a summary of the activities carried out with such 
     grant;
       ``(B) if such activities included any subgrant, a summary 
     of the activities carried out with each such subgrant; and
       ``(C) an assessment of the effectiveness of such activities 
     on achieving the purposes of this part.
       ``(3) subgrant report.--Each subgrant report required by 
     paragraph (1) shall include--
       ``(A) a summary of the activities carried out with such 
     subgrant; and
       ``(B) an assessment of the effectiveness of such activities 
     on achieving the purposes of this part.
       ``(4) Waivers.--The Attorney General may waive the 
     requirement of an assessment in paragraph (2)(C) for a State 
     or specially qualified unit of local government, or in 
     paragraph (3)(B) for a unit of local government, if the 
     Attorney General determines that--
       ``(A) the nature of the activities are such that assessing 
     their effectiveness would not be practical or insightful;
       ``(B) the amount of the grant or subgrant is such that 
     carrying out the assessment would not be an effective use of 
     those amounts; or
       ``(C) the resources available to the State or unit are such 
     that carrying out the assessment would pose a financial 
     hardship on the State or unit.
       ``(b) Reports to Congress.--Not later than 90 days after 
     the last day of each fiscal year for which 1 or more grants 
     are awarded under this part, the Attorney General shall 
     submit to the Congress a report, which shall include--
       ``(1) a summary of the information provided under 
     subsection (a);
       ``(2) an assessment by the Attorney General of the grant 
     program carried out under this part; and
       ``(3) such other information as the Attorney General 
     considers appropriate.

     ``SEC. 1809. TRIBAL GRANT PROGRAM.

       ``(a) In General.--From the amount made available under 
     section 1811(b), the Attorney General shall make grants to 
     Indian tribes, or consortia of such tribes, for programs to 
     strengthen tribal juvenile justice systems and to hold tribal 
     youth accountable.
       ``(b) Eligibility.--To be eligible to receive grant amounts 
     under this section, an Indian tribe or consortia of such 
     tribes--
       ``(1) must carry out tribal juvenile justice functions; and
       ``(2) shall submit to the Attorney General an application 
     at such time, in such form, and containing such assurances 
     and information as the Attorney General may require by 
     guidelines.
       ``(c) Competitive Awards.--The Attorney General shall award 
     grants under this section on a competitive basis.
       ``(d) Guidelines.--In issuing guidelines to carry out this 
     section, the Attorney General shall ensure that the 
     application for, award of, and use of grant amounts under 
     this section are consistent with the purposes and 
     requirements of this part.
       ``(e) Definition.--For purposes of this section, the term 
     `Indian tribe' has the meaning given such term in section 102 
     of the Federally Recognized Indian Tribe List Act of 1994 (42 
     U.S.C. 479a).

     ``SEC. 1810. DEFINITIONS.

       ``For purposes of this part:
       ``(1) The term `unit of local government' means--
       ``(A) a county, township, city, or political subdivision of 
     a county, township, or city, that is a unit of local 
     government as determined by the Secretary of Commerce for 
     general statistical purposes;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority, in a manner independent of other 
     State entities, to establish a budget and raise revenues; and
       ``(C) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaskan Native village that 
     carries out substantial governmental duties and powers.
       ``(2) The term `specially qualified unit' means a unit of 
     local government which may receive funds under this part only 
     in accordance with section 1803(e).
       ``(3) The term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands, except that--
       ``(A) the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands (the `partial States') shall 
     collectively be considered as 1 State; and
       ``(B) for purposes of section 1803(a), the amount allocated 
     to a partial State shall bear the same proportion to the 
     amount collectively allocated to the partial States as the 
     population of the partial State bears to the collective 
     population of the partial States.
       ``(4) The term `juvenile' means an individual who is 17 
     years of age or younger.
       ``(5) The term `juvenile justice expenditures' means 
     expenditures in connection with the juvenile justice system, 
     including expenditures in connection with such system to 
     carry out--
       ``(A) activities specified in section 1801(b); and
       ``(B) other activities associated with prosecutorial and 
     judicial services and corrections as reported to the Bureau 
     of the Census for the fiscal year preceding the fiscal year

[[Page 19885]]

     for which a determination is made under this part.
       ``(6) The term `part 1 violent crimes' means murder and 
     nonnegligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports.

     ``SEC. 1811. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part--
       ``(1) $500,000,000 for fiscal year 2002;
       ``(2) $500,000,000 for fiscal year 2003; and
       ``(3) $500,000,000 for fiscal year 2004.
       ``(b) Tribal Set-Aside.--Of the amount appropriated 
     pursuant to subsection (a), 2 percent shall be made available 
     for grants under section 1809.
       ``(c) Oversight Accountability and Administration.--Of the 
     amount authorized to be appropriated under subsection (a), 
     there shall be available to the Attorney General, for each of 
     the fiscal years 2002 through 2004 (as applicable), to remain 
     available until expended--
       ``(1) not more than 2 percent of that amount, for research, 
     evaluation, and demonstration consistent with this part;
       ``(2) not more than 2 percent of that amount, for training 
     and technical assistance; and
       ``(3) not more than 1 percent, for administrative costs to 
     carry out the purposes of this part.

     The Attorney General shall establish and execute an oversight 
     plan for monitoring the activities of grant recipients.''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by section 2 shall take effect on the 
     first day of the first fiscal year that begins after the date 
     of the enactment of this Act.

     SEC. 4. TRANSITION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK 
                   GRANTS PROGRAM.

       For each grant made from amounts made available for the 
     Juvenile Accountability Incentive Block Grants program (as 
     described under the heading ``VIOLENT CRIME REDUCTION 
     PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE'' in the 
     Department of Justice Appropriations Act, 2000 (as enacted by 
     Public Law 106-113; 113 Stat. 1537-14)), the grant award 
     shall remain available to the grant recipient for not more 
     than 36 months after the date of reciept of the grant.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr. 
Scott) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 863, the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, today the House considers a bipartisan bill designed 
to improve the juvenile justice system in America. H.R. 863, as 
amended, was favorably reported out of the Committee on the Judiciary 
by voice vote.
  The bill authorizes the Department of Justice to award up to $500 
million a year for the next 3 fiscal years to States and localities 
that agree to implement a system of graduated sanctions for juvenile 
delinquency. Such a system imposes sanctions on juvenile offenders for 
every delinquent act they commit, from the very first act, and 
increases the intensity of the sanctions with the severity of the 
offense.
  This bill would replace the current unauthorized block grant program 
that was created in the fiscal year 1999 appropriation bill for the 
Departments of Commerce, Justice and State. The block grant program of 
H.R. 863 is more flexible for the States than the current unauthorized 
grant program. This bill does not require a grant recipient to spend a 
certain percentage of the funds on specified purposes. This is not a 
one-size-fits-all program. Rather, the States that qualify by 
implementing graduated sanctions may use the grant money where they 
need it to improve their juvenile justice systems.
  Further, the new block grant programs would not place a mandate on 
the States. A State or locality may qualify even if its system of 
graduated sanctions is discretionary. However, those juvenile courts 
that do not impose graduated sanctions must report at least annually to 
the applicable State or locality as to why graduated sanctions were not 
imposed in all such cases.
  This bill affords States and localities the flexibility and 
discretion necessary to improve their juvenile justice systems.
  Madam Speaker, I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 863, the Consequences for 
Juvenile Offenders Act of 2001. I am a cosponsor of this bill, along 
with the subcommittee chairman for the Subcommittee on Crime, the 
gentleman from Texas (Mr. Smith), and in fact all of the members of the 
Subcommittee on Crime on both sides of the aisle are cosponsors of the 
bill.
  This bill is essentially identical to the original H.R. 1501 
coauthored by the former member from Florida who was then the chairman 
of the Subcommittee on Crime, Mr. McCollum, and myself in the 106th 
Congress which was also cosponsored by all members of the subcommittee. 
Although that bill was passed by both the House and the Senate, so many 
contentious amendments were added during floor consideration of the 
bill, it could not pass out of conference.
  I hope that we can avoid the fate of H.R. 1501 by working together to 
keep intact the strong bipartisan support the bill now enjoys among 
Committee on the Judiciary members, juvenile advocates, practitioners, 
researchers, judges, public officials and others.
  We have not always experienced such bipartisan cooperation on 
juvenile justice issues in Congress. In the 105th Congress, we debated 
the Violent Youth Predator Act which focused on tough-sounding, poll-
tested slogans and sound bites which were more focused on political 
campaigns than the reduction of juvenile crime and delinquency.
  All too often in dealing with the issue of crime, we rush to codify 
the best sound bites. For example, ``You do the adult crime, you do the 
adult time.'' That slogan is used to justify trying sixth graders in 
adult criminal court, when research shows us that codifying that sound 
bite will actually reduce the severity of the punishment and increase 
future crimes.
  We also have ``Three strikes and you're out,'' a baseball slogan used 
to justify keeping frail, 80-year-old offenders in prison way beyond 
the point where they pose any threat to society.
  I am pleased to support the legislation before us today which is not 
based on slogans and sound bites, but instead upon the considered 
advice of juvenile judges, researchers and practitioners. The 
components of the bill came out of hearings in which we listened to the 
advice of juvenile justice researchers and experts. They were unanimous 
that rather than moving children out of the juvenile system into the 
adult system, more resources were needed in the juvenile system for 
appropriate, individually tailored responses that allowed a broader 
range of services or sanctions than the traditional limitations of 
either probation or incarceration.
  We received the same advice from witnesses who appeared before the 
bipartisan Task Force on Youth Violence, which was appointed by the 
Speaker, the gentleman from Illinois (Mr. Hastert) and the minority 
leader, the gentleman from Missouri (Mr. Gephardt).

                              {time}  1600

  In keeping with recommendations from these expert witnesses, the bill 
before us today provides resources to be used to hold juvenile 
offenders accountable for their actions and to adequately address their 
need for services, starting with an appropriate response when the 
delinquent offense first occurs and escalating the level of response 
upon any succeeding offense, until the problem is eliminated. 
Appropriate responses could consist of punishment, family or individual 
counseling, drug treatment or other assistance appropriate for the 
individual case, and the services and sanctions need to be imposed on 
the first offense.

[[Page 19886]]

We should not wait until the third, fourth, or fifth offense before we 
pay any attention to the problem.
  Mr. Speaker, I am pleased to recommend H.R. 863 to my colleagues. Not 
only is it a model bill in that it takes the advice of experts from a 
broad array of political and philosophical views, but also because of 
the model process through which it was developed. From the outset, 
members from both sides of the aisle on the subcommittee as well as the 
full committee agreed to withhold amendments which did not gain 
consensus in order to move forward on the points on which there was 
consensus. So while the bill does not contain everything that everybody 
wanted, it does contain enough provisions that are valuable for 
juveniles and the juvenile justice system.
  I am pleased to support this bipartisan bill. I ask my colleagues to 
vote in favor of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the distinguished gentleman from Texas (Mr. Smith), the subcommittee 
chair, for an un-sound byte.
  Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the 
Committee on the Judiciary for yielding time again.
  Mr. Speaker, I introduced H.R. 863, the Consequences for Juvenile 
Offenders Act of 2001, along with the ranking member of the 
Subcommittee on Crime, the gentleman from Virginia (Mr. Scott), who 
just finished speaking. All other members of the subcommittee have also 
cosponsored this legislation. The legislation is needed because 
juvenile justice experts have recommended that juvenile justice systems 
pay more attention to young offenders earlier in the system. H.R. 863 
would do that by responding to juvenile wrongdoing with graduated 
sanctions.
  The bill authorizes $1.5 billion for the Justice Department to make 
grants to State and local governments to improve their juvenile justice 
system. States and localities qualify for the grant funds if they have 
implemented or agree to implement a system of graduated sanctions for 
juvenile offenders within 1 year of applying for those funds.
  Graduated sanctions are designed to break the cycle of delinquency 
that often leads juveniles to more serious crimes later on in their 
lives. This bill encourages our juvenile justice system to focus on 
juvenile offenders from the beginning, rather than after the sixth or 
seventh offense. With this approach, we hope to ensure that juvenile 
offenders learn that there are consequences to their actions each time 
they commit a crime.
  In addition to providing incentives for implementing graduated 
sanctions, this bill provides States and localities with discretion in 
determining how best to spend the grant money to improve their juvenile 
justice systems.
  Mr. Speaker, I urge my colleagues to support the bill.
  Mr. SCOTT. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Massachusetts (Mr. Delahunt).
  Mr. DELAHUNT. I thank the gentleman for yielding me this time.
  Mr. Speaker, this bill is an example of what can be accomplished when 
we get down to business and become serious and forget about sound 
bytes. This bill will truly make a difference. It is going to work. I 
am confident that it will reduce violence in this country.
  I spent some 20 years of my life prosecuting some of the most violent 
criminals anywhere, and I know there are not any simple answers. There 
are no quick fixes. There are no panaceas. But this bill works because 
it relies upon people who do have the answers, the people in the 
community who understand the problems.
  Unlike some bills that we have considered in the past, this 
legislation does not dictate policy from Washington. It embraces and 
supports broad-based, comprehensive local strategies that have proven 
to be effective and that work in the real world.
  Let me give my colleagues an example. Boston, Massachusetts, the 
capital city of my home State, like other cities, experienced a 
dramatic decrease in gang violence thanks to a balanced strategy of 
prevention, intervention, and enforcement. That strategy worked because 
everyone in the community at large was engaged, police, prosecutors, 
probation officers, correction officials, youth and social service 
personnel, teachers, judges, you name it, everybody was involved.
  Under some of the legislation that was considered previously, Boston 
would not have even qualified for a grant, and few if any States would. 
Under this bill, Boston and other cities will qualify for the money 
they need to continue the critical work and the effective work that 
they have been doing.
  These cities like Boston, like other communities throughout the 
country, do not need us here in Washington to tell them how to reduce 
violence. As I said, they have the answers themselves. What they need 
is a serious, substantial Federal investment in juvenile crime 
prevention. And what they need is our commitment to provide them with 
the resources that they do need. This bill does that.
  Let me conclude by congratulating the chair of the subcommittee, the 
gentleman from Texas (Mr. Smith). Let me congratulate the chair of the 
full committee, the gentleman from Wisconsin (Mr. Sensenbrenner), who, 
over the course of the past several weeks, has done much to diminish 
the so-called divisiveness that characterized the Committee on the 
Judiciary. This truly is an outstanding product, one that we can all be 
proud of, but I want to make particular mention of my friend and 
colleague, the ranking member of the Subcommittee on Crime, the 
gentleman from Virginia (Mr. Scott), whose sheer persistence and 
dedication and passion for this issue is reflected in this particular 
product; and one that he should be particularly proud of.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  I would like to thank the gentleman from Massachusetts for his kind 
words. He is a former prosecutor and a very important member of the 
Committee on the Judiciary. I thank him for his words. I also want to 
thank the chairman of the subcommittee, the gentleman from Texas (Mr. 
Smith), and the chairman of the full committee, the gentleman from 
Wisconsin (Mr. Sensenbrenner), and the ranking member of the committee, 
the gentleman from Michigan (Mr. Conyers), for their leadership in 
developing this bill. I would also want to point out, Mr. Speaker, that 
the bill could not have been formulated and brought to us today without 
the hard work of staff people, such as Bobby Vassar and Beth Sokul. 
Without their hard work, dedication, and ability to work together 
across the aisle, this bill never could have been developed.
  Mr. Speaker, I urge my colleagues to vote for the bill.
  Mr. CONYERS. Mr. Speaker, over the last several Congresses, we've 
debated the get-tough approach versus the prevention and treatment 
approach to addressing juvenile crime. This measure reflects the advice 
of the researchers and expert practitioners who are unanimous on the 
point that more resources are needed for appropriate individually 
tailored responses to juvenile crime. The measure before us is not a 
one-size-fits-all approach but a substantive bipartisan approach that 
actually will reduce crime and delinquency where it occurs, and that's 
why we all support it.
  However, my view is that juvenile justice is also about gun safety. I 
understand clearly that the sponsors of the bill have valid concerns 
that introducing the issue of gun violence into the debate would foster 
differences of view and jeopardize good legislation. They are correct 
that the Republican leadership bottled up this bill in a conference 
committee last year largely in an effort, I am told, to avoid 
addressing gun violence.
  But I believe that preventing juvenile crime is about thwarting easy 
access to guns, just as much as it is about prevention programs and 
services for at-risk youth. Ten children a day are killed by gun 
violence. The shooters at Columbine High School were provided a gun 
largely because of the lack of any background check by licensed sellers 
at gun shows. We continue to witness unspeakable horrors every week as 
children open fire on their classmates. You all read and see them 
weekly.

[[Page 19887]]

  The Nation stands ready to require a child safety lock on every gun. 
I think most Members of Congress are ready as well. But the Congress 
ignores the cries of the children and their parents.
  I know that the National Rifle Association's publicity machines have 
been spinning in high gear since the election to perpetuate the myth 
that gun safety is a losing political issue. The facts are, of course, 
that the NRA targeted countless House and Senate seats and lost nearly 
every single one. So gather your courage, my colleagues. Bit by bit, 
the tide is turning.
  Governor Pataki of New York has proposed far more ambitious gun 
safety measures that those that were bottled up by the Republican 
leadership this year. Senators McCain and Lieberman are attempting to 
find common ground on this issue as we speak. But regardless of the 
politics, I and others feel that we cannot back down on this issue 
because it is the logical and correct position to take, and if we 
really do not want to leave any child behind, we cannot allow so many 
children to be killed in senseless and preventable acts of gun 
violence. Too many families have lived through this unthinkable 
experience of burying their own children for us not to act.
  I would like to continue to work with the gentleman from Virginia 
(Mr. Scott) on other solutions to juvenile crime such as the moderate 
measures passed by the Senate in the last Congress, the gun show 
background checks, child safety locks, a ban on the importation of 
large-capacity ammunition clips and a juvenile Brady. Let's all stay 
tuned for further complimentary support to this excellent measure 
before us.
  Mr. KUCINICH. Mr. Speaker, I rise in support of H.R. 863, 
Consequences for Juvenile Offenders Act. In particular, I am pleased 
that funding under the Juvenile Accountability Block Grant program can 
be used for maintaining juvenile record systems to promote public 
safety and to establish interagency information-sharing programs. 
However, I not only support establishing a juvenile recordkeeping 
system, but I encourage States to develop an automated system of 
records.
  Last Congress I offered an amendment to the Juvenile Justice bill to 
assist States in compiling the records of juvenile and establishing 
statewide computer systems for their records. States would then have 
the option of making the information available to the Federal Bureau of 
Investigation and law enforcement authorities from other States. This 
amendment was endorsed by the Fraternal Order of Police. My amendment 
was accepted.
  The need for improved recordkeeping systems on violent juveniles is 
illustrated by a tragic story from my district. A Cleveland police 
detective, Robert Clark, was killed in July 1998 while attempting to 
arrest a drug dealer. The individual who shot Detective Clark had 
accumulated a considerable criminal record between Ohio and Florida. 
Although he was only 19 years old at the time of the shooting, he had 
been arrested 150 times since the age of 8. There had been 62 felony 
charges against him between 1995 and 1998. He was arrested on yet 
another offense the night before he killed Detective Clark, but because 
law enforcement officers in Cleveland were unaware of his extensive 
criminal record as a juvenile he was released from custody. Had an 
automated records system been in place when he first appeared before a 
juvenile court in Ohio, law enforcement officials in Ohio would have 
had access to his extensive criminal record in Florida and the tragic 
death of Detective Clark could have been prevented.
  I urge the conferees to give attention to this important issue. The 
information shared through the creation of an automated juvenile 
recordkeeping system will stop crime and save lives.
  Mr. SCHIFF. Mr. Speaker, I am pleased to support the bill before us 
today because it allows states and localities to develop programs on 
juvenile justice, according to the needs of their own communities. It 
is a credit to Crime Subcommittee Chairman Lamar Smith and Ranking 
Member Bobby Scott that we were able to improve this bill with an 
amendment I offered in Committee. The amendment requires a strong 
assessment component to any program funded by this bill.
  My amendment requires all applicants to provide information up front 
detailing how they will evaluate the success of their program. It 
requires an assessment to be undertaken at appropriate intervals (each 
year). These assessment will be submitted by the states or localities 
to the Department of Justice. The Attorney General could waive this 
requirement if an assessment would not be practical (i.e. building a 
facility) or if an assessment requirement would prove to be cost 
prohibitive. From these assessments, the Attorney General would submit 
a report to Congress on the progress of funded programs. The funding 
for these assessments comes out of their existing grant money, but I'm 
sure you would agree that is it important to be able to identify any 
unsuccessful program.
  As a former federal prosecutor, I have seen the successes and 
failures of programs designed to improve the juvenile justice system. 
It is critical that we evaluate programs we fund to ensure their 
effectiveness in achieving their stated goals.
  I urge my colleagues to support this bill. And I again want to 
commend the Leadership of both parties for bringing this bill before us 
today.
  Mr. SCOTT. Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Quinn). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 863, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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