[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[Senate]
[Pages 12728-12742]
[From the U.S. 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

[[Page 12729]]

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 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

[[Page 12730]]

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 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

[[Page 12731]]

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.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                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 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.

[[Page 12732]]

       ``(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.--
       ``(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

[[Page 12733]]

     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
       (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):

[[Page 12734]]

  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:

                                S. 3152

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

[[Page 12735]]



     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.

[[Page 12736]]

  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, 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);

[[Page 12737]]

       ``(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 
     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)--

[[Page 12738]]

       (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;
       ``(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:

[[Page 12739]]

       ``(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--
       (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''.

[[Page 12740]]



     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;
       ``(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,

[[Page 12741]]

     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--
       ``(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

[[Page 12742]]

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. 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.

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