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If you have issues viewing or accessing this file contact us at NCJRS.gov.
.. 

INDEXED 

LEGISLATIVE HISTORY 

OF THE 

"JUVENILE JUSTICE ArlJENDMENrS OF 1980" 

U.S. Department of Justice 

National Institute of Justice 

This document has been reproduced exactly as received from the 

person or organization originating It. Points of view or opinions stated 

in this document are those of the authors and do not necessarily 

represent the official position or policies of the National Institute of 

Justice. 

Permission to reproduce this ~ed material has been 

granted by Public Domain LOffice of Justice 

Assistance, Research and Statistics 

to the National Criminal Justice Reference Service (NCJRS). 

Further reproduction outside of the NCJRS system requires permls· 

sion of the c~ owner. 

ACQUISITIONS 

OFFICE OF GENERAL COUNSEL 

OFFICE OF JUSTICE ASSISTANCE, RESEARCH, AND STATISTICS 

JUVENILF.: ,JU:Jf1IICE AND DELINQUENCY PREVb:NTION AC~r OF 1974 

AS AMENDED THHOUGH Df.!f':F1IlBER 8, 1980 

Table of Contents 

1. Indexed Legislative History -- "Juvenile Justice and 

Delinquency Prevention Act of 1974, as amended through 

~cernber 8, 1980 ............................................ . (i) 

2. Compilation of Re1l~vant Legislative History Materials........ (xvii) 

3. Statement by Senator Dole on Introduction of S. 2434 ••••••••• 

4. Text of S. 2434, as Introduced in the Ser~te, a Bill to 

Amend the Juvenile Justice and Delinquency Prevention Act 

O.r 1974 ..................................................... . 

5. Statement by Senator Bayh on Introduction of S. 2~41 and 

1 

5 

S. 2442...................................................... 11 

6. Text of S. 2441, as Introduced in the Senate, to Amend the 

Juvenile .Justice and Delinquency Prevention Act of 1974 •••••• 

7. Text of S. 2442, as Introduced in the Senate, to Amend the 

Juvenile ,Justice and Delinquency Prevention Act of 19'74 •••••• 

8. Senate Judiciary Canmittee Report on S. 2it41. •••••••••••••••• 

9. Ser~te Debate and Passage of S. 2441, a Bill to Amend the 

Juvenile Justice and Delinquency Prevention Act of 1974 •••••• 

10. Statement by Ser~tor Mathias following Passage of S. 2441 

21 

33 

43 

61 

in the Senate................................................ 71 

11. Text of H.R. 6704, as Introduced in the House, to Amend the 

Juvenile Justice and Delinquency Prevention Act of 1974...... 75 

12. House Report on H.R. 6704 from the Committee on F.iiucation 

and I..a.lJor..................................................... 113 

13. House Resolution 732 Providing for Consideration of 

H.R. 6704, Juvenile Justice ~ndments of 1980............... 195 

14. House Debate and Passage of H.R. 6704, a Bill to Amend the 

Juvenile Justice and Delinquency Prevention Act of 1974...... 199 

15. Senate Adoption of the House Amendments to S. 2it41........... 233 

16. Statement by President Carter ul~n Signing S. 2441, a Bill to 

amend the Juvenile Justice and Delinqu,:ncy Prevention Act 

of lSJ7 4. . . . • . . . . • . . . . • . . . . . . . . . . . . . . • . . • . . . . • . • . . • . . . . • . . • • • • • 237 

17. Text of the Juvenile Justice and Delinquency Prevention Act 

of 1974, as Amended through December 8, 1980 •••••••••••••••••• 243 

I 

I. 

!/ 

) . 
11 ' 

... 

• 

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.tt 

:r I . \ 

, 

" 

Note on Use of This Document 

An index of this nature has certain 11m1tations. Material must be 

referenced in the index without the advantage of a specific point being 

at issue. Fbr this reason, the index references may only be the starting point for your research. Often more than one index reference needs 

to be consulted since issues can arise in more than one context. With 

this cautionary note in mind, the following general rule of usage is 

offered: 

The general rule of statutory interpretation is that if the statutory 

language is clear and unambiguous, it llEans exactly what it says; but if 

the language is ambiguous, it must be interpreted in accordance with the 

legislative history. When an ambiguity arises and you have to look to 

the legislative history, you look first at the committee reports and then 

at the floor debates. If' the issue cannot be resolved by the canm1ttee 

reports and you have to look to the floor debates, you should give more 

weight to relevant statellEnts by the floor mmagers of the bill, if you 

are interpreting provisions that were in the committee bill as reported 

to the floor. If' yru are interpretirg language that originated as an 

amendment offered on the floor, you should give weight to the remarks of 

the author of the amendment and the reaction to it of the floor managers. 

Questions related to the use of this document may be addressed to: 

John J. Wilson 

Acting General COlIDsel 

Office of General Counsel 

Office of Justice ASSistance, Research, 

and Statistics 

633 Indiana Avenue, N.W. 

Washington, D.C. 20531 

Telephone: 202/724-7795 

, 
--.... ...... ':I!..... o ..... 'n ... ".·.... tt· .... '·p_. __ v 

I' 

I 

I Other Reference Sources I 

I. The Juve~le Justice and Delinquency Prevention Act of ~974, I Public Law 93-415, established a new juvenile justice pro- I granl within the Law Enforcement Assistance Administration 

I of the United States Department of Justice. The 1974 Act 

I has been Bnlended by the Cr~e Control Act of 1976, Public 

I Law 94-503, the Juvenile Justice Amendments of 1977, Public 

I Law 95-115, and the Juvenile Justice Amendments of 1980, 

I Public Law 96-509. In addition to this document, the Office 

I of General Counsel has prepared and pUblished a separate I index for the legislative history of the 1974 Act and the 

I other Bnlending statutes noted above. These indexes, 

I together with this document, provide a complete reference 

I to the legislative history of the Juvenile Justice and 

I Delinquency Prevention Act of 1974, as Bnlended through I December 8, 1980. 

~-----------------------------------------

'& 

INDEX 

Juvenile Justice and Delinquency Prevention Act of 1974 

As Amended Through December 8, 1980 

Title I: FINDINGS AND DECLARATION OF PURPOS~ 

Section 101(b) - Findings 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 14, 16, 18-20 

Text of S. 2441 ••••••••••••••••••••••• , •••••••••••••• 23, 29, 32 

Text of S. 2442 •••.••••••.•••••..•••••••••••••.••.••• 35 

Senate Judiciary Report •••••••••••••••••••••••••••••• 48, 52, 57 

Senate Debate of S. 24J.n .••••••••••••••••••••••• ' •••••• 63, 68 

Text of H.R. 6704 .............................. ' ..... . 79 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 116, 126, 131, 145, 154 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 205-207, 213, 221 

Final Text of Bi1J. ••••••••••••••••••••••••••••••••••• 247 

Section 101(b) - Additional Findings 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 155 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 247, 248 

Section 102(a) - Purpose 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 18 

Text of S. 2441 •••.••••••••••••••••.•••..•.•.•••••••• 24 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 116, 132, 145, 155 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 207, 221 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 248 

Section 102(b) .- Policy 

Text of H.R. 6704 ••• , ••••••••••••••••••••••••••••••••• 80 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 116, 132, 145, 155 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 205, 207, 221 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 248 

Section 103 - Definitions 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 16, 18-20 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 24 

Text of S. 2442 •.•.•••••••••••••••••••••••••••••••••• 36 

Senate Judiciary Report ••• ~ •••••••••••••••••••••••••• 48, 57 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 63, 68 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 80-83 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 116, 123, 132, 145, 

152, 156-158 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 207, 221, 225, 

Final Text of Bill ••••••••••••••••••• ~ ••••••••••••••• 249 

Title II - JUVENILE ,JUSTICE AND DELINQUENCY PRE.VENTION 

Part A - Juvenile Justice and Delinquency Prevention Office 

Section 201 = Establishment of Office 

Introduct.t ' to s. 2434 •••••••••••••••••••••••••••••• 3 

Text of S. 2Lf OOL , 11 0 •••••••••••••••••••••••••••••••••• ~ .8 

Introduction tn ~, 2441 and S. 2442 •••••••••••••••••• 14-16, 18 

Text of S. 2441.000 •••••••••••••••••••••••••••••••••• 24-26 

Senate Judiciary H01 l\)rt •••••••••••••••••••••••••••••• 49, 53" 58 

-1-

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Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 63 65-67 68 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 84' 85 ' 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 117, 123, 126, 133, 

H De' 134, 146, 152, 158 F~~ bate of H.R. 6704 •••••••••••••••••••••••••••• 203-207, 210, 222, 225 

Text of Bil1 ••••••••••••••••••••••••••••••• ~ ••• 251 

Section 202 - Personnel S cial Personnel EXperts and Consultants 

Introduction to S. 2 1 and S. 2 2 •••••••••••••••••• 16 

Senate Judiciary Report •••••••••••••••••••••••••••••• 58 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 124 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 203' 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 251 ' 

152, 159 

210, 225 

Section 203 - Voluntary Service 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 16 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 159 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 252 

Section 204 - Concentration of Federal Efforts 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 16, 18 

Text of S. 2441 ••.••..••.•..•...•••..•...•••..••.•... 26 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64 68 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 85' 86 

House Report of H.R. 6704 •••••••••••••••••••••••••••• 117, 124, 147, 152, 

Ho~se Debate of H.R. 6 4 70 159-162 •••••••••••••••••••••••••••• 207 210 222, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 252' , 

Section 205 

- Joint Fund~ 

Introduction to S. ~1 and S. 2442 •••••••••••••••••• 16 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 152 210 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 225' 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 255 

Section 206 ~ Coordinat Council on Juvenile Justice and Delin 

Prevention See below ' 

Section 206(a) - Establishment and Membershi 

Text of H.R. 

House Report 

70 •••••••••••••••••••••••••••••••••••• 86 

on H.R. 6104 •••••.••••••••.•••.•••••••.• 118, 

152 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 208' 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 255' 

Section 206(b) 

- Chainman 

" , 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 124 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 210' 

Final Text of Bil~ ••••••••••••••••••••••••••••••••••• 255' - ii -

124, 135, 147, 

162 

210, 222, 225 

153, 163 

225 

" 

Section 206(c) - Function of Council 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 

19, 20 

Text of S. 2442 •.•••••••. 5 ••••••••••••••••••••••••••• 37 

Text of H.R. 6704 ••••.••.•••••••••.•••••.••.••••••.•• 87 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 118, 134, 147, 163 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 222 

Final Text of Bill •••••••••••••••••••••• ••••••••••••• 255 

Section 206(d),(e),(f) - Administrative Provisions 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 

19, 20 

Text of s. 2442 ••••••••••• ~ •••••••• ··················37 

Text of H.R. 6704 •••••.•••.••••••••••••.••••••••••••• 87 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 118, 124, 134, 135, 147, 153, 163 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 210, 222, 225 

Final Text of Bill •••••••••••••••••••• ••••••••••••••• 256 

Section 206(g) - AtPropriations (See also Section 261(a» 

Text of H.R.704 ........................ ············87 

House Report on H.R. 6704 •••••••••••••• , •••••••••••••• 118, 135, 147, 163 

House Debate on H.R. 6704 •••••••••••••••••••••••• ····203~ 208, 222 

Final Text of Bill •••••••••••••••••••••••• •••••••••••256 

Section 207 Prevention (See below) (This section has been completely revised 

and is very different from the original Section 207.) 

Section 207(a) 

- Establishment and Membershi 

Introduction to S. 2 1 and S. 2 

Senate Judiciary Report ••••••••••••••••••••••••• •••••58 

Senate debate of S. 2441 ••••••••••••••••••••••••••••• 64, 68 

Text of H.R. 6704 .. n •••••••••••••••••••••• •••••••••••88 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 118, 126, 135, 148, 165 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 208, 222 

Final Text of Bil1 ••••••••••••••••••••••••• •••••••••• 256 

Section 207 (b) - Length of Terms 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 

19 

Text of S. 2442 ••.•••••••••••••••.••••••••••••••••••• 37 

Text of H.R. 6704 .................................•.. 89 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 118, House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, Final Text of Bill ••••• ~ •••••••••••••••• ·············256 

Section 207 (c) - Quorum Text of H.R. 6704 •••••••••••••••••••••• ············~·90 House Report on H.R. 6704 •••••••••••••••••••••••••••• 1:

9, House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208 , Final Text of Bill ••••••••••••••••••••••• ••••••••••••257 - iii -

135, 148, 166 

222 

148, 166 

222 

I 

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Section 207(d) - Du.ties of Advisory Cc:mn1ttee 

rrext of H.R. 6704 •••••••••••••••••••• tl ••••••••••••••• 90 

House Report on H.R. 6704 ••••••••••••• , ••••••••••••••• 119, 135, 166 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 222 

Final rrext of Bill ••••••••••••••••••••••••••••••••••• 257 

Section 207(e) - Annual and Interim He rts 

rrext of H.R. 70 •••••••••••••••••••••••••••••••••••• 91 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 135, 148, 166 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 222 

Final rrext of B111 ••••••••••••••••••••••••••••••••••• 257 

Section 201(f) - Staff Personnel 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 91 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 135, 148, 166 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 222 

Final rrext of BUI ••••••••••••••••••••••••••••••••••• 257 

Section 207(g) - c~ensation and Expenses 

rrext of H.R. ~4 .................................... 91 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 166 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 222 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 257 

Section 207(h) - A~propriation 

~xt of H.R. ~o4 .................................... 92 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 135, 148, 167 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 208, 223 

Final rrext of B111 ••••••••••••••••••••••••••••••••••• 258 

Part B - Federal Assistance for State and Local Programs 

Subpart 1 - Fbnnula Grants 

Section 221 - Authorit to Make Grants to States and Local Governments 

House Report on H.R. 70 •••••••••••••••••••••••••••• 1 7 

Final Text of Bill •••• ' ••••••••••••••••••••••••••••••• 258 

Section 222 - Allocation 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 18 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 26 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 68 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 92 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 136, 148, 167 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208, 223 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 258 

Section 223 - State Plan (See Below) 

- iv -

~i" 'j-'--'-

------""---=----.. 

Section 223(a) - Submission of State Plan Conslstent with Safe Streets Act 

Introdu.ction to S. 2441 and S. 2442 .................. 18 . Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 27 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 66, 68 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 92 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 119, 126, 148, 153, 168 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 204, 208-210, 222, 

223, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 259 

Section 223(a)(1)-(2) - State Plan 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 124, 153, 168, 208, 210 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 259 

Section 223(a)(3) - Advisory Group Introduction to S. 2441 and S. 2442 •••••••••••••••••• 18 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 27 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 54 

Senate Debate of S. 2441 •••••••••••••••••••••••••••• ~64, 66, 68 

Te}rt of H.R. 6704 •••••••••••••••••••••••••••••••••••• 93 

House Report onH.R. 6704 •••••••••••••••••••••••••••• 120, 124, 136, 148, 

153, 168 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 208-211, 223, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 259 

Section 223(a)(4) - Consultation with Local Governments 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 169 

Final Text of B1l1 ••••••••••••••••••••••••••••••••••• 260 

Section 223(a)(5) - Where Funds are to be Ex ended 

House Report on H.R. 70 •••••••••••••••••••••••••••• 170 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 260 

Section 223(a)(6) - Local Government Role 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 170 

Final Text of B1l1 ••••••••••••••••••••••••••••••••••• 260 

70 •••••••••••••••••••••••••••• 170 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 261 

Section 223(a)(8) - Analysis of Local Juvenile Problems, and Coordination 

of State Programs Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 95 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 120, 136, 149, 170 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 209, 223 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 261 

Section 223(a)(9) - Private Role - Use of Exist rams 

House Report on H.R. 70 •••••••••••••••••••••••••••• 171 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 261 

- v1 ( 

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~ ! 

, 
Section 223(a)(10) 

- Advanced Techniques 

Introduction to S. 2441 and s. 2442 •••••••••••••••••• 19, 20 

Text of S. 2442 .....•....•.........................•. 38 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 95, 97 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 120, 126, 137, 149, 171 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 206, 209, 214, 223 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 261 

Section 223(a) (11) Evaluation Ca 

House Report on H.R. 70 •••••••••••••••••• ) ••••••••• 124, 153, 172 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 210, 225 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 262 

Section 223(a) (12) Deinstitutionalization of Status Offenders (Includes 

Valid Court Order EXCeption) 

Introduction to S. 2441 and s. 2442 •••••••••••••••••• 19 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 98 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 121, 124, 149, 153, 172, 

190- 191 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 201, 204-206, 209, 210, 

215-221, 223, 225, 229-231 

Final Text of B111 •••••••••••••••••••••••••• ~ •••••••• 262 

Section 223(a)(13) - Separation of Adults and Juveniles 

Senate Judiciary Report •••••••••••••••••••••••••••••• 54 

Senate Debate of S. 24/~1 •••••••••••••••••••••••••••• • 66, 67 

Staterrent by Senator Mathias ••••••••••••••••••••••••• 73 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 138-140, 150, 173 

Hoose Resolution." ....•.....•....•..•.•..••. " •••.•••• 197 

House Debate on H.R. 6704 ••• ~ •••••••••••••••••••••••• 205, 206, 209, 212 

staterrent by President Carter ••••••••••••••• , •••••••••. 241 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 263 

Section 223(a) (14) - Removal of Juveniles from Adult Jails and Lockups 

'!ext of H. R. 670·4 ' ••••••••••••••••••••••••••••••••••• • 98 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 121, 138-140, 150, 

153, 173 

House Resolution ••••••••••••••••••••••••••••••••••••• 197, 198 

House Debate on H.R. 6704 ............................. 201, 204, 206, 209, 

212, 223 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 263 

Section 223(a)(15) - Monitor Detention and Correctional Facilities 

House Report on H.R. 70 •••••••••••••••••••••••••••• 121, 1 0, 150, 173 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 209, 223 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 263 

Section 223(a)(16) - Disadvantaged youth 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 173 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 263 

-vi-

" I 

.. 

Section 223(a)(17) - Juvenile Ri hts of Records 

House Report on H.R. 70 •••••••••••••••••••••••••••• 153, 173 

Final Text of Bil1 •••••••••••••••• G •••••••••••••••••• 263 

Section 223(a)(18) ements 

House Report on 70 •••••••••••••••••••••••••••• 125, 173 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 210, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 263 

Section 223(a) (19) - Fiscal Procedures --- House Report on H.R. 6704 ••••••••••••• " •••••••••••••• 174 

FinaJ. Text of B111 ••••••••••••••••••••••••••••••••••• 264 

Section 223(a)(20) - Non-SUpplanting 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 153, 174 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 264 

Section 223(a)(e1) - Annual Plan Review 

House Report on H.R. 6704 •• " ••••••••••••••••••••••••• 125, 153, 174 

House Debate on H.R. 6704« ••••••••••••••••••••••••••• 211, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 264 

Section 223(a) (22) Other Terms and Conditions 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 121, 174 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 264 

Section 223(b) - Plan A State Criminal Justice Council 

House Report on H.R. 70 ••••••••••••••••.••••••••••••• 125, 153, 174 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 225 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 264 

Section 223(c) - Plan A 

Introduction to S, 2 2 •••••••••••••••••• 18 

Text of S. 2441 •••••••••••••.•••••••••••••••••••••••• 27 

Senate Judiciary Report ••••••••••••• ~ •••••••••••••••• 50 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

Text of H.R. 6704 .............•..............•....... 98 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 121, 127, 140, 150, 174 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 204, 209, 223 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 264 

Section 223(d) - Non-Confor State Plan 

Introduotion to S. 2 1 and S. 2 2 •••••••••••••••••• 18 

Text of S. 2441 ••.•••.•••••••••••••.••••••••••••••••• 28 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 

Text of H.R. 6704 ............................•...•... 99 

House Report on H •. R. 6704 •••••••••••••••••••••••••••• 121, 

150, 

House Debate on H.H. 6704 •••••••••••••••••••••••••••• 209, 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 265 - vii -

69 

125, 126, 

153, 175 

211, 224, 225 

I' 
Subpart II 

- Special Emphasis Prevention and Treatment Programs 

Section 224(a) - S4iCial EmphaSis Pro ram Authority of Administrator 

Text of S. 24 1 •••••••••••••••••••••••••••••••••••••• 2 Senate Judiciary Report •••••••••••••••••••••••••••••• 50 House Report on II.R. 6704 •••••••••••••••••••••••••••• 175 Final Text of B111 ••••••••••••••••••••••••••••••••••• 265 

sectifn 224(a)(1) - New A~roaches, Techniques, Hethods 

louse Report on H.R. 704 •••••••••••••••••••••••••••• 175 Final Text of Bill ••••••••••••••••••••••••••••••••••• 265 

Sction 224(a) (2) - Communit~-Based Alternatives to Institutionalization 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 175 Final Text of Bill ••••••••••••••••••••••••••••••••••• 265 

Section 224(a)(3) - Diversion of Youth from System 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 175 F.inal Text of Bill ••••••••••••••••••••••••••••••••••• 265 

Section 224(a)(4) - Im rove ency Services Ca 

House ReI)Ort on H.R. 70 •••••••••••••••••••••••••••• 175 

Final Text of Bll1 ••••••••••••••••••••••••••••••••••• 

265 

Section 224(a)(5) Develop Statewide Incentives to Achieve Goals 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 99 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 150, 175 

House Resolution ••••••••••••••••••••••••••••••••••••• 197 House Debate on H.R. 6704 •••••••••••••••••••••••••••• 209 224 

Final Text of Bll1 ••••••••••••••••••••••••••••••••••• 265' 

Section 224(a)(6) - Model School Programs 

House Report on H.R. 67

04 •••••••••••••••••••••••••••• 125, 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 204 

Final Text of Bll1 ••••••••••••••••••••••••••••••••••• 

266' 

153, 176 

211, 225 

Section 224(a)(7) - Advocacy Activities Aimed at Im rovi Services to Youth 

House Report on H.R. 70 •••••••••••••••••••••••••••• 17 

Final Text of Bill ••••••••••••••••••••••••••••• 0 ••••• 266 

Section 224(a)(8) - Programs for Youth Employment 

House ReI)Ort on H.R. 6704 •••••••••••••••••••••••••••• 176 

Final Text of BUl ••••••••••••••••••••••••••••••••••• 266 

Section 224(a)(9) - rue Process in Juvenile Justice System 

House Report on II.R. 67

04 •••••••••••••••••••••••••••• 176 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 266 

Section 224(a)~10) - Develop and Support Programs to Further Purposes of Act 

Introductlon to S. 2441 and S. 2442 •••••••••••••••••• 20 

Text of S. 2442 •••••••••••••••••••••••••••••••••••••• 39 House ReI)Ort on H.R. 6704 •••••••••••••••••••••••••••• 176 

House Debate on II.R. 6704 •••••••••••••••••••••••••••• 224 F . inal Text of Bill ••••••••••••••••••••••••••••••••••• 266 - viii -

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Section 224(a)(11) - Develop and Implement Programs Relating to Juvenile 

Delin uenc and Lear Disabilities 

Introduction to S. 2 1 and S. 2 2 •••••••••••••••••• 20 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 58 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 100 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 126, 141, 150, 176 

House Debate on H.R. 6704.· ••••••••••••••••••••••••••• 203, 204, 209, 213, 224 

Final r]ext of Bill ••••••••••••••••••••••••••••••••••• 266 

Section 224(a)(12) - Develop and Implement Programs Relating to Juven11es 

Who Carm1t Serious Crimes 

Text of S. 2442 •.....•..•........••..••.•••..•....•.• 39 

Senate Judiciary Report •••••••••••••••••••••••••••••• 52 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 126 

House Debate on H.R. 670

11 •••••••••••••••••••••••••••• 201, 206, 213 

Final Text of B1l1 ••••••••••••••••••••••••••••••••••• 266 

Section 224(c) - Private enc Fund (30%) 

House Report on H.R. 70 •••••••••••••••••••••••••••• 176 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 266 

Section 224(d)' - Assistance Shall Be Available to Youth Equitably Senate Judiciary Report •••••••••••••••••••••••••••••• 52 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 100 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 127, 141, 150, 176 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 209, 224 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 266 

roval of A lications 

Introduction to S. 2 1 and S. 2 2 •••••••••••••••••• 18 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 28 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 58 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 176 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 267 

Section 227 - Use of Funds 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 178, 192-194 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 201, 2l1, 224 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 268 

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.\ 

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lUi 

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Section 228 - Payments (See below) 

House Report on H. R. 6704 ••••••••••• ', •••••••••••••••• 151 

Section 228(a) - Contribution of Mone Facilities Services 

'!his subsectj.on was originally subsection c. 'Ihe original subsection (a) 

has been deleted and the odginal subsection (c) has been redesignated as 

subsection (a).) 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 178 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 214, 224 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 269 

Deletion of original subsection (a) House Debate 

on H.R. 6704 ....................................... 214 

Section 228(b) - Method of Payment 

(This subsection was originally subsection (d). 

has been deleted and the original subsection (d) 

subsection (b).) 

The original subsection (b) 

has been redesignated as 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 178 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 214, 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 269 

224 

Section 228(c) - Extent of Financial Assistance 

(This subsection was originally subsection ( e) and has been redesignated 

as subsection (c).) 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 101 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 178 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 214, 224 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 269 

Section 228(d) - Indian Tribe or Other Abori~inal Grou 

'!his subsection was originally subsection f and has been redesignated 

as subsection (d).) 

Text of H.R. 6074 •••••••••••••••••••••••••••••••••••• 101 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 178 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 269 

214, 224 

Section 228(e) - Reallocation 

(This subsection was originally subsection (g) and has been redesignated 

as subsection (e).) 

Text of S. 2441 •••••••••••••••• ~ ••••••••••••••••••••• 28 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 58 

S9nate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 101 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 125, 151, 153, 178 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 209, 214, 224, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 269 

Section 229 - Confidentialit 

House Report on H.R. 70 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 269 

- x -

',' 

Part C - National Institute for Juvenile Justice and Delinquency Prevention 

Section 241(a) - Establishment o~ Institute 

Text of H.R. 67

04 •••••••••••••••••••••••••••••••••••• 79, 101 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 141, 179 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 269 

Section 241(b) - Supervision and Direction 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 153, 179 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 225 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 269 

Section 241(c) - Coordination with NIJ 

Introduction to S. 2441 and S. 24

lI2 •••••••••••••••••• 18 

Text of S. 2441 ..•......... ' ........................•.. 28 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 58 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 153, 179 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 225 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 270 

Sec~iop 241(d) - Purpose of Institute 

Senate Judiciary Report •••••••••••••••••••••••••••••• 50, 58 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 179 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 270 

Section 241(e) - Additional Powers of Institute --- House Report on H.R. 6704 •••••••••••••••••••••••••••• 179 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 270 

Section 241(f) - Federal rate with Institute 

House Report on H.R. 70 •••••••••••••••••••••••••••• 1 0 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 270 

Section 242 - Information Function 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 180 

Final Text of Bill ....•............................... 270 

Section 243 - Research, Demonstration4 and Evaluation Functions 

Introduction to S. 2441 and S. 2 42 •••••••••••••••••• 20 

Text of S. 2443 ..•..•................................ 39 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 180 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 271 

Section 244 - Training Functions 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 153, 181 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 225 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 271 - xi -

I, 
• 

Section 245 - Institute Advisory Committee 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 20 

Text of S. 2442 •••••••••••••••••••••••••••••••••••••• 40 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 154, 182 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 226 

Final Text or B111 ••••••••••••••••••••••••••••••••••• 272 

Section 246 - Annual Report 

House Report on H.R. 67

04 •••••••••••••••••••••••••••• 125, 154, 182 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 226 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 272 

70 •••••••••••••••••••••••••••• 82 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 272 

Section 248 - Establishment of Training Program 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 154, 182 

HOllse Debate on H.R. 6704· •••• ~ •••••••••••••••••••••• 211, 226 

Final Text or B111 ••••••••••••••••••••••••••••••••••• 273 

Section 249 - Curriculum for Training Program 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 154, 183 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211, 226 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 273 

Section 250 - Enrollment in Training Program 

, House Report on H.R. 6704 •••••••••••••••••••••••••••• 125, 154, 183 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 211 , 226 

Final Text of B111 ••••••••••••••••••••••••••••••••••• 274 

Part D - Administrative PrOvisions 

Section 261(a) - Authorized Appropriations 

Introduction to S. 2434 •••••••••••••••••••••••••••••• 3 Text of S. 2434s •••••••••••••••••••••••••••• ~ •••••••• 8 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 15, 16, 18-20 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 29 Text of S. 2442 •••••••••••••••••••••••••••••••••••••.• 40 

Senate Judiciary Report·· •••••••••••••••••••••••••••• 51, 55, 58 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 66-69 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 115 116, 131, 145, 183 

House Resolution ••••••••••••••••••••••••••••••••••••• 197' 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 203, 204,207, 221 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 274 

Section 261(b) - Maintenance of Effort 

Introduction to S. 2434 •••••••••••••••••••••••••••••• 

3, 4 

Text of S. 2434 •••••••••••••••••••••••••••••••••••••• 9 Introduction of S. 2441 and S. 2442 •••••••••••••••••• 14-16, 18, 20 

Text or S. 2441 •••••••••••••••••••••••••••••••••••••• 29 Text of S. 2442 ••••••••••••••••••••••••••••••• ~ •••••• 40 - xii -

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Senate Judiciary Rel~rt •••••••••••••••••••••••••••••• 51, 52, 54, 58, 59 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 66-69 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 183 

Final Text or B111 ••••••••••••••••••••••••••••••••••• 274 

Section 261(c) - Additional (Authority/Powers) of the Administrator 

House Debate on H.R. 704 •••••••••••••••••••••••••••• 2l1, 22 

Final Text of Bi11 ••••••••••••••••••••••••••••••••••• 274 

Section 262(a) - Applicability of Other Administrative Provisions 

('Ihe original Section 262 has been eliminated and the current Section 262 is 

very dirferent from the original.) 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 102 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 151, 184 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 210, 224 

Final Text or B111 ••••••••••••••••••••••••••••••••••• 274 

Section 262(b) - Relationship of OJARS to OJJDP 

Introduction or S. 2441 and S. 2442 •••••••••••••••••• 16, 18 

Text of S. 2441 •••••••••••••••••••••••••••••••••••••• 29 

Senate Judiciary Report •••••••••••••••••••••••••••••• 51, 59 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64, 69 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 102 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 122, 134, 151) 184 

House Debate of H.R. 6704 •••••••••••••••••••••••••••• 210, 224 

Final Text of Bil1 ••••••••••••••••••••••••••••••••••• 275 

Section 263 - Effective Clause 

Introduction to S. 2441 and S. 2442 ••••••••••••••••• 16, 18 

Text of S. 2441 ••••••••••••••••••••••••••••••••••••• 30 

Senate Judiciary Report ••••••••••••••••••••••••••••• 51, 59 

Senate Debate of S. 2441 •••••••••••••••••••••••••••• 64, 69 

House Report on H.R. 6704 ••••••••••••••••••••••••••• 184 

Final Text of B111 ••••••••••••••••••••• ~ •••••••••••• 269 

Title III - RUNAWAY AND Hm1ELESS yourn (This Title is indexed 0eneral1y, rather than section by section.) 

Introduction to S. 2434 •••••••••••••••••••••••••••••• 3 

Text of S. 2434 •••••••••••••••••••••••••••••••••••••• 8 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 15, 16, 18, 19 

Text of S. 2441 ••••••••••••••••••• , •••••••••••••••••• 30 

Senate Judiciary Report •••••••••••••••••••••••••••••• 51, 55, 59 

Senate Debate or S. 2441 ••••••••••••••••••••••••••••• 64, 66, 69 

Statement of Senator Mathias ••••••••••••••••••••••••• 73 

Text of H.R. 6704 •••••••••••••••••••••••••••••••••••• 79, 103 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 123, 126, 127, 142, 

145, 151, 184-189 

House Debate on H.R. 6704 ••••••••••••••••••••••••••••• 203-205, 207, 210, 

214, 219, 220, 224 

Statement by Representative Ashbrook •••••••••••••••••• 230 

Final Text or 8111 •••••••••••••••••••••••••••••••••••• 275-280 

Stat.ement by President Carter ••••••••••••••••••••••••• 241 - xiii -
, 

Related Provisions of Law 

Section 17 - Re rt on Confinement of Juveniles in Adult Jails 

House Resolution ••••••••••••••••••••••••••••••••••••• 19 

House Debate on H.R. 6704 •••••••••••••••••••••••••••• 201, 204, 212, 213, 224 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 281 

National Institute of Corrections (18 U.S.C. §4351, Chap. 319) 

Text of S. 2441 ..........•.•..........•..•........... 32 

Senate Judiciary Report •••••••••••••••••••••••••••••• 52 

Senate Debate of S. 2441 ••••••••••••••••••••••••••••• 64 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 281-284 

Juvenile Delinquency (18 U.S.C. §5031 et seg., Chap. 403) 

§5031 - Definitions 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 285 

§5032 - Delinquency Proceedings in District Courts 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 285 

§5033 - Custody Final Text of Bill ••••••••••••••••••••••••••••••••••• 286 

§5034 - IUties of Magi.strate 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 286 

§5035 -, Detention Prior to Disposition Final Text of Bill ••••••••••••••••••••••••••••••••••• 287 

§5036 - Speedy Trial 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 287 

§5037 - Dispositional Hearir~ 

Final Text of Bl11 •.••••••••••••••••••••••••••••••••• 287 

§5038 - Use of Juvenile Records 

Final Text of Bl11 •••••••.••••••••••••••••••••••••••• 288 

§5039 - Commitment 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 289 

§5040 - Support 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 289 

§50Lll - Parole 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 289 

§5042 - Revocation of Parole or Probation 

Final Text of Bill ••••••••••••••••••••••••••••••••••• 28g 

- xiv -

i 

I 

I 

~ -<c~ _.~~~. __ ~I " 

MISCELLANEOUS 

History of the Juvenile Justice Act 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 13, 14 

Senate Debat(~ of S. 2441 ••••••••••••••••••••••••••••• 65, 67 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 127-131 

Purpose of Runaway and Homeless Youth Act 

Introduction to S. 2441 and S. 2442 .................. 15 

Senate Deb~te of S. 2441 ••••••••••••••••••••••••••••• 65 

and Homeless Youth Act 

1 

Sections Considered but not Enacted into Law 

Study of, Effects of Juvenile Justice Systan on 

NativE: Americans ••••••••••••••••••••••••••••••••••• 49, 55, 58, 64, 66, 68 

Legal Advisor to OJJDP ••••••••••••••••••••••••••••••• 14-16, 18, 25, 49, 53, 

58, 63, 66, 68 

Carryover of Juvenile Justice Funds to Runaway Youth.15, 16, 18, 29, 53, 

58, 66 

Scared Straigpt Evaluation ••••••••••••••••••••••••••• 15, 16, 18, 26, 49, 

55, 58, 63, 66, 68 

Amendrrent to Section 261 that funds be used for 

Interagency Programs and Projects •••••••••••••••••• 20, 41 

Purpose of Amendment 

Introduction to S. 2441 and S. 2442 •••••••••••••••••• 14, 15 

Senate Judiciary Report •••••••••••••••••••••••••••••• 52 

Cost Estimate 

Senate Judiciary Report •••••••••••••••••••••••••••••• 56, 57 

House Report on H.R. 6704 •••••••••••••••••••••••••••• 143-145 

- xv -

" 

11. 

, " 

, 
* * * LEGISLATIVE HISTORY 

* 

Public Law 93-415 ~oved: September 7, 1974 

HOUSE REPORTS: '., No. 93-1135 accompanying H.R. 15276 

(Canm. on Ed. & Labor) and No. 93-1298 (Canm. of 

'Conference) • 

SENATE REPORTS: No. 93-1011 (Canm. on Judiciary) and 

No. 1103 (Canm. of Conference) 

CONGRESSIONAL RECORD, Vol. 120 (1974): 

July 1, H.R. 15276 considered and passed House. 

July 25, considered and passed Senate as S. 821. 

July 31, S. 821 considered and passed House, anended, 

in lieu of H.R. 15276. 

Aug. 19, Senate agreed to conference report. 

Aug. 21, House agreed to conference report. 

WEEKLY CQY1PILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, 

No. 37: Sept. 8, Presidential statement. 

* Public Law 94-503 Approved: October 15, 1976 

HOUSE REPORTS: No. 94-1155 accompanying H.R. 13636 

(Canrn. un Judiciary) and No. 94-1723 (Carrn. of 

Conference) • 

SENATE REPORT: No. 94-847 (Canm. on Judiciary). 

CONGRESSIONAL RECORD, Vol. 122 (1976): 

July 22,23,26, S. 2212 considered and passed Senate. 

Sept. 2, considered and passed House, anended, in lieu 

of H.R. 13636. 

Sept. 30, House and Senate agreed to conference report. 

* Public Law 95-115 Approved: October 3, 1977 

HOUSE REPORTS: No. 95-313 (Canm. on Ed. & Labor) and 

No. 95-542 (Canrn. of Conference). 

SENATE REPORTS: No. 95-165 accompanying S. 1021 (Coom. on 

Judiciary) and No. 95-368 (Conference). 

CONGRESSIONAL RECORD, Vol. 123 (1977)! 

May 19, H.R. 6111 considered and passed House. 

June 21, considered and passed Senate, amended, in lieu 

of S. 1021. 

July 28, Senate agreed to conference report. 

Sept. 23, House agreed to conference report. 

WEEKLY CQY1PILATION OF PRESIDENTIAL OOCUMEm'S, Vol. 13, 

No. 41: October 3, Presidential statenent. 

Public Law 96-509 

HOUSE REPORT: No. 

Ed. & Labor) 

* Approved: December 8, 1980 

96-946 accompanying H.R. 6704 (Camm. on 

SENATE REPORT: No. 96-705 on S. 2441 (Canm. on Judiciary) 

CONGRESSIONAL RECORD, Vol. 126 (1980): 

May 20, S. 2441 considered and oassed Senate. 

Nov. 19, H.R. 6704 considered and passed House. 

Nov. 20, Senate adoption of House amendments to s. 2441. 

WEEKLY Cav1PILATION OF PRESIDENrIAL OOCUMEm'S, Vol 16, 

No. 50: December 15, Presidential statement. * * f· 

-xvii~ 

Preceding page blank 

. R leua\iI'iL . 

STATEMENT BY SENA'IDR OOLE 

ON INTRoDUCTION OF S. 2434, MARCH 18, 1980 

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March 18, 1980 CONGRESSIONAL RECORD-SENATE S2575 

By Mr. DOLE: 

S. 2434. A bill to amend the Juvehile 

Justice and Delinquency Prevention Act 

of 1974, and for other purposes; to the 

Committee on the Judiciary. 

JUVENILE JUSTICE AND Dl.:tlNQUENCY PREVENTION ACT AlIl'ENDMENT8 OF lllQO 

Mr. DOLE. Mr. President, 1 send to 

the desk a statement and a bill which 

I am introducing today with reference 

to the Juvenile Justice and Delinquency Prevention Act, 

The Federal Government hus R. responsibility to cOl1tinue its ettorts to Improve the quality of justice that is available to juvf"i~les in this country. The 

Preceding page blank 

problem of JuyetJ,1le, ~UnQunflC1 must 

continue to be dealt With in an eJfective 

and meanlniful manner If'the levels of ~uvenDe crime ate to continue their decllne. 

Federal assistance, programs that 

were designed to. prevent' and control 

JuvenJIe dellnquency have apparently 

met With a small degree of ,aucceas., According to the most r~ent statistIcs in 

1976, persona Under 18 accounted for 25 

percent of the total arrestarecorded by pollce nationally and for 42 percent of 

the arrests for serious crime. In 1978, 

persona under 18 accoUnted for 23.3 percent of the total arrests recorded by police nationally and for 40.5 percent of 

the arrests for serious crime. 

This is not of great Significance, but' 

it Is some decline. And there Iii Interest 

In this legislation' and I hope that it can' 

be cons1dered quickly by the Congress. 

THE ,rUVENlLlI: ,rUSTICE AND, DELINQUENcY 

PIIEVENTION ACT 

The Federal Government must continue its leadership role In the coordination of resources to develop State 

and local programs for the prevention and treatment· of juvenile del1nqunecy. Toward this end, I am Introducing to· 

day 'legislation that will extend the 

Juvenlle Juatice and Delinquency Prevention Act of 11174 through fiscal year 1984. The blll authorizes $125 million 

in fiscal year 1981 and $125 million 

in each succeeding year for the programs that are created by this act. In 

addition, the bill requires I that there' 

shall be maintained from appropria- tions for each fiscal year allotted to each 

State under title I of the Omnibus Crime 

Control and Safe Streets Act of 1968, 

at least, the average percentage of the 3 

most recent fiscal years for which fig;' 

ures are available of the total expenditures made for criminal justice programs by state and 19(:al governments which is expended for juvenile delinquency programs by such state and local 

governments. 

IIAlHTENANCIC 01' ElTORT 

An important aspect of the 1974 Juvenile ;Justice Act was the "ml\intenance 

of effort" provision. That law called for 

a set aside of 19.!5 percent of all Law 

Enforcement Assistance Administration 

(LEAA) funding to be reser.ved for juve- nile justice programs. This percentage 

was based on the ratio of LEAA expendi· 

tures for juvenile justice to the agency's total expenditures for fiscal 1971. :a fs 

time to carefully reexamine this ratto in 

the light of experience In Its administration. ' 

The Senate version of the Justice System Improvement Act of 1979 provided for the complete elimination of t.he 

maintl.!nance of effort provision. The 

Senator from Kansas' bill does not go that far. Instead it attempts to develop 

a new formula based on the average per. 

centage of the three most recent fiscal 

years of the total expenditures made for 

criminal justice 'programs by State and 

local governments. 

AUTHOIUTY' OF THE ASSISTANT ADMINISTRATOR 

The Office of Juvenile Justice and DeItnqul'ncy Prevention wlll remain within 

the LEAA of' the U.S. Department of 

3 

Justice to admlntater the prOvisions or 

th1a ~t .. . The Assistant Administrator of LEAA 

Will continue to head the omce althoUlh 

he Will be under the pollcy dlrectlon and 

control of the Admlnlatrator of LEAA. 

Under the Justice System improvement Act, a new Oftlce of Justice Assistance, Research and Statlstlca (OJARS) haa been establlshed. Thla new agencY plays a coordlnatlve role in Federal 

e!forts to provide assIStance to State ~Qd 

local crtmlnal justice ageneles, but ~ 

not an operational nor pollcy determinln' organization. Although these new 

relatlonshipa should be examined In the 

context of the juvenJIe Justice pro81'am, this Senator can see no reason to change theorganJzatlonal location of the JuvenUe justice program. 8. 2434 seeks onlY 

to clarify the relationship between LEAA 

and OJJDP. ... PRACTICAL APPROACH 

It Is my hope that by extending the 

authorization 'for the Juvenlle Justice . and Delinquency Prevention Act of 1974, 

States and local governments, private and publlc organlzations will hav& the 

assistance that Is necessary to continue 

the development of practical approaches 

to the problelD$ of youths that have become involved in the juvenile justice 

system. Juvenile crime and delinquency prevention must .continue to be a top Federal, state, and local priority. It is 

clear to me that a major cause of this 

Nation's staggering crime rate Is juve- nUe crime and violence. This legislation is designed to deal With that cause. 

Mr. President. I ask unanimous consent that the text of S. 2434 be printed in the RECORD. 

There being no objection, the bill was 

ordered to be printed in the RECORD, as 

follows: 

Be it enacteet by the Senate anet House 01 

Representatives 01 the United. states 01 

A merioll in Congreu assembled. 

8HOR'1' TITLIC 

SXCTION 1. This loot may be olted as the 

"Juvenile Justice and Dellnquenoy Prevell.-

tlon Act Amendments ot 1980". 

AMENDMENT TO AUTHORIZATIONS 

SEC. 2. (a) Seotlon 261 (a) 9t the Juvenile 

Justice and Dellnquenoy Prevention Act ot 

I97t (42 U.S.O. 5671 (a) ) Is amende<! by 

IItriklng out the period at the end ot the 

ftrat sentence and Inserting a comma. nnd the 

following: "~100.000,OOO tOl' ,each of , the fiscal 

years ending September 30. 1981. 1902. 1083, 

and 1984 .... 

(b) Sectlon 341(a) at that loot (43 U.S.O. 

5751 (a» III amended by striking Ollt the 

period at the end thereot and Inserting a comma and the tollowlng: "the sum ot .25,-

000.000 tor each ot the fiscal years ending 

September 30. 1981, 1982. 1983. and 1984 .... 

AUTlIORlTY OF THE ASSISTANT ADMINISTRATOR 

OP THE OFFICE 01' ,rUVENILIC JUSTIClI AND DELINQUENCY' PREVENTION 

SEC. 3. (a) Section 201 (a) ot the Juvenl1e 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 11611 (a) ) 19 amende<! by 

Inserting Immediately betore the period at the end ot the second sentence the followtng: ", under the policy direction and control 

ot the Admlnlstrato,". 

(b) Bectlon 201 (d) ot that Act (42 U.S.C. 

5611(d» Is amended by IItrlklng out "subJect to th~ direction ot the Administrator" 

and ,Inserting In lieu thereot "under the 
82576 CONGRESSIONAL RECORD-SENATE. 

pollcy dlrectloll and control of the AdmInIstrator", 

PERCr:NTACE OF TOTAL APPROPltlAnONS EXPENIIED 

FOR JtlVENILE DCLINQ'O'ENCT PROGRAMS 

SEC. 4. (s) Section 261 (b) of the Juv~lle 

Justice and Delinquency Prenntlon Act 0: 

1974 (42. U.S.O. 5671) Is amende<l to read as follows: ' 

" (b) (l) In add! tlon to the funds appro- ~rlat.ed under subsection (a) of this section, 

thl'rc shnll be mnlntalned from appropriations for en.ch tiscll.'l. ~'(!nr alloted to each 

Stat<: ullder title I of the Omnibus Crime 

Control and Safe Streets Act of 1968, at least 

thnt percantagc of the total expenditures 

n1.'l.de for criminal j1Jstice programs by State i>l.'d local governments which Is expended for 

juvenile dellnquency prosrams br such Sta.te 

and Io<:al govel'nments, determ.1.ned In ac- cordance with paragraph (2). 

"(2) The percentage under paragraph (1) 

shall be the average percentage ot the three 

most recent fiscal years for which figures are D\''.Illable.". 

(b) SEction 1002 of the Omnibus Crime 

Control lind Safe Streets Act of 1968 (42 

U.S ,C. 8793a) Is amended to read as follows: 

"MAIl'iTENANCE OF CFFORT 

"Scc. 1002. (11.) In addition to the funcla 

a.pproprlated under section 261 (a.) of the 

Juvenile JustIce and Dellnquency Prevention Act of 1974, there shall be maintained 

from appropriations under this title for each 

fiscal year, a.t least that percentage ot the 

total expenditures made tor crimInal justIce 

programs by St~te and local governments 

""hleh Is expended tor ju\'enlle delinquency progrAms by such state and local governments, determined In II(:cordance with subticctlon (b). 

"(b) The percentage under paragraph (1) 

shall be the Il.v~rage percentage of the three 

most rocent fiscal years for which fiGUres are I\I·allable.". 

4 

" 

March 18, 1980 

TEXT OF S. 2434., AS INTRODUCED IN THE SENATE, 

A BILL TO AMEND THE JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION ACT OF 1974 (roLE BILL) 

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, 

96TH CONGRESS S 2434 2» SESSION • 

To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18 (legislative day, JANUARY 3), 1980 

Mr. DOLE introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To amend the Juvenile Justice and Delinquency Prevention Act 

of 1974, and for other purposes. 

1 'Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SHORT TITLE 

4 SECTION 1. This Act may be cited as the "Juvenile 

5 Justice and Delinquency Prevention Act Amendments of 

6 1980". 

7 AMENDMENT TO AUTHORIZATIONS 

8 SEC. 2. (a) Section 261(a) of the Juvenile Justice and 

9 Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is 

Preceding page ~Iank 7 

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2 

1 amended by striking out the period at the end of the first 

2 sentence and inserting a comma and the following: 

3 "$100,000,000 for each of the fiscal years ending September 

4 30, 1981, 1982, 1983, and 1984.". 

5 (b) Section 341(a) of that Act (42 U.S.C. 5751(a)) is 

~'i. "6 amended by striking out the period at the end thereof and 

7 inserting a comma and the following: "the sum of 

8 $25,000,000 for each of the fiscal years ending September 

9 30, 1981, 1982, 1983, and 1984.". 

10 AUTHORITY OF THE ASSISTANT ADMINISTRATOR OF THE 

11 

12 

13 

OFFIOE OF JUVENILE JUSTIOE AND DELINQUENCY 

PREVENTION 

SEC. 3. (a) Section 201(a) 'of the Juvenile Justice and 

14 Delinquency Prevention Act of 1974 (42 U.S.C. 5611(a)) is 

15 amended by inserting immediately before the period at the 

16 end of the second sentence the following: ", under the policy 

17 direction and control of the Administrator". 

18 (b) Section 201(d) of that Act (42 U.S.C. 5611(d)) is 

19 amended by striking out "subject to the direction of the Ad20 ministrator" and inserting in lieu thereof "under the policy 

21 direction and control of the Administrator". 

8 

--------- ----~ 

3 

1 PERCEN'I'AGE OF TOTAL APPROPRIATIONS EXPENDED FOR 

2 JUVENILE DELINQUENCY PROGRAMS 

3 SEC. 4. (a) Section 261(b) of the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (42 U.S.C 5671) is 

5 amended to read as follows: 

6 "(b)(I) In addition to the funds appropriated under sub7 section (a) of this section, there shall be maintained from ap8 propriations for each fiscal year allotted to each State und~r 

9 title I of the Omnibus Crime Control and Safe Streets Act of 

10 1968, at least that percentage of the total expenditures made 

11 for criminal justice programs by State and local governments 

12 which is expended for juvenile delinquency programs by such 

13 State and local governments, determined in accordance with 

14 paragraph (2). 

15 "(2) The percentage under paragraph (1) shall be the 

16 average percentage of the three most recent fiscal years for 

17 which figures are available.". 

18 (b) Section 1002 of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3793a) is amended to 

20 read as follows: 

21 

22 

"MAINTENANCE OF EFFORT 

"SEC. 1002. (a) In addition to the funds apJ.H·opriated 

23 under section 261(a) of the J'uvenile Justice and Delinquency 

24 Prevention Act of 1974, there shall be maintained from ap25 propriations under this title for each fiscal year, at least that 

9 

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__ " .. ", ___ ~_~_.c.c __ '-'-•• __ .CC.C- _ •• _, ____ • __ ,._. ______ .: __ • ~._._ ! 

4 

1 percentage of the total expenditures made for criminal justice 

2 programs by State and local governments which is expended 

3 for juvenile delinquency programs by such State and local 

4 governments, determined in accordance with subsection (b). 

5 "(b) The percentage under paragraph (1) shall be the 

6 average percentage of the three most recent fiscal years for 

7 which figures are available.". 

o 

10 

" 

STA'l'.EMENl' BY SENA'roR BAYH ON 

INmODoorION OF S. 2441 AND S. 2442, MARCH 19, 1980 

11 

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ilt . 

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March 111, ·1980 

Preceding page blank 

CONGRESSIONAL RECORD-SENATE 

By Mr. BAYH: 

S. 2441. A bUl to amend the Juvenile 

JUstice and Dellnquency Prevention Act 

of 1974, and for other purposes; to the (~ommlttee on the Judiciary. 

By Mr. BAYH (by request): 

S. 2442. A bill to amend the Juvenile 

.T\lstlce and Dellnquency Prevention Act 

,J! 1974, and for other purposes;, to the 

'::ommlttee on the JUdiciary. 

,\CCOUNTABILlTY, EITICIENCY, AND VIOLENT JUVENILE CRIME CONTROL I'OCUS ON BAYH JUVENILE JUSTICz KEA11THORlZATION BILL 

• Mr. BAYH. Mr. president, today I am 

Introducing the Violent Juvenile Crime 

Control Act of 19811, which I,s designed to 

[,trengthen and stab11ize OUI' 6-year congressional commitment to the Juvenile 

Justice and Delinquency Prevention Act 

'Jf 1974, (JJDPA) while at the same time ~ landatlng that the Administrator of the 

{" mce of Juvenile Justice and Dellnquen- " Prevention (OJJDP) has final acc'Amtablllty and responslblllty for Im-

/"Icmentlng the Juvenile Justice provi- sions of this act. The Runaway a~d Homeless Youth Act is retained and administered by HEW's Youth Develop_ 

ment Bureau, Runaway and Homeless Youth Division. 

JUVENILII: JUSTICl: ACT WSTORY 

. In 1974, the CongreSs establlshed 

juvenile crime prevention as the Federal 

crime prjorlty. The' 1974 act was the 

prodUct of a 4-year bipartisan effort. 

13 

S2641 
82642 CONGRESSIONAL REOORD-SENATE March 19, 1980 

which I was privileged to lead, to improve 

the quality of juvenile justice throughout the UnIted states and to overhaul 

the ~deral response to juvenile delinquency. The 1974 act was 'passed by a vote of 88 to 1 in this body. In 1977, the Congress, by a unanimous 

vote, reauthorized the Juvenile Justice 

Act for 3 additional years to stabUize and 

l'evita]ize our juvenile crime program. 

The bipartisan nature of this act's support from 1970 to the present is reflected 

in the act's cosponsors in this body over the years--Mr. Hruska, Mr. MATHIAS, Mr. 

Cook, Mr. McClellan, Mr. Fong, Mr. 

Phillip Hart, Mr. Hugh Scott, Mr. KENNEDY, Mr. THURMOND, Mr. BURDICK, Mr. 

Gurney, Mr. Abourezk, Mr. Bible, Mr. 

Brock,·Mr. Case, Mr. CHURCH, Mr. Clark, 

Mr. CRANSTON, Mr. GRAVEL, Mr. Hubert 

Humphrey, Mr. McGee, Mr. Montoya, 

Mr. Moss, Mr. Pastore, Mr. RANDOLPH, 

Mr. RIBICOFF, Mr. MONDALE, Mr. CANNON, 

Mr. Eastland, Mr. CUUVER, Mr. DECoNCINI, Mr. HATFIELD, Mr. LEAHY, Mr. 

MAGNUSON,Mr.MATSUNAGA, Mr.METzENBAUM, Mr. PELL, Mr. STEVENS, and Mr. 

HEINZ. 

I originally introduced this measure as S. 3148 during the 92d Congress when it 

received strong support from youthserving organizations and juvenile dellnquency experts around the country. I re- introduced S. 821 on February 8, 1973, 

and S. 1021 on March 17, 1977. . The Senate Subcommittee to Investigate Juvenile Del1nquepcy of which I was chairman, held extensive hearings 

that demonstrated the desperate need 

for this legislation. Expert witnesses, hieluding state and local omcials, representatives of private agencies, social 

workers, sociologists, criminologists, judges, and criminal justice planners 

testified on the terrible problems' of the 

juvenile justice _ystem which did not 

provide individual justice, effective help 

to juvenil~, or protection for our com- munities. In particular, they repeatedly 

emphasized that large custodial institutions such as reformatories aud training schools Wi!re nothing more than schools of crime, where juveniles learned the, 

skills of the experienced criminal. 

A clear consensus emerged supporting 

strong incentives for State and local governments to' develop commUnity-based 

programs and services as alternatives to 

training schools for many youngsters. 

This cpnsensus was ~urther expressed by the National Advisory Commission on Criminal Justice Standards and Goals 

Which recommended that no new major 

institutions lor Juv~niles should be bunt 

under any clrcunlStapces. The Commission provided additional support for the 

philosophy of the legtslat!on that m.any delinquents, but especially noncriminal 

status oJrenders and neglected or dependent children, who had previously been 

Institutionalized, could be helped success- fully in community settings. 

state omcials testifyin&, befote the subcommittee stressed the need for eft'ootlve, coordinated Federal lundin&, to as- sist the States In -carryini out their ef;' 

forts to treat JuvenUes in the commu- nit)'; The former Governor of Massachusetts, the Honorable Franc1s Sareent 

-and the . former Governor of Ohlo, the 

Honorable John GUlJian, ,!ere'eloquent 

:r I 

in describing the urgent need for this 

legislation. The deputy director of the 

Kentucky Department of ChUd Welfare, 

confirmed the feeling of many State administrators In urging passage of this 

bill: 

Quite frankly, when I flrst read the blll and 

Senator Bayh's comments In the Congres- sional Record, I wanted to shout "Alleluia," 

somebody has flnally developed a compre- hensive piece ot legislation that makes sense. It should provide a real opportunity tor all 

of us If we want to be serious about resolvIng problems facing youthful olrenders. I was shocked by the flagrant maltreatment of 

olfenders, by th'l brutallncarceratloll of non- criminal runaways and by the bureaucratic 

Inelfectlvenesll which had marked the grossly Inadequate Federal' approach to the preven- tion of tlellnquency. 

During the early 1970's the hearings 

and Investlgations In Washington and 

throughout the country by the'Subcommittee to Investigate JuvenUe Delinquency <abolished In 1979 'WIth the JuvelIile jurisdiction transferred to the Subcommittee on the Constitution) led me to two important conclusions. , ' 

The first is that our past system of 

Juvenile Justice was geared prlmarlly to 

react to youthful ofienders rather than 

to prevent the youthful offense. 

Second, the evidence was overwhelmIng that the system failed at the crucial 

point when a youngster first got Into 

trouble. The Juvenile who took a car for a joy ride, or vandalized school property. or viewed shopllfting as a lark, was con- fronted by a system of Justice often com- pletley incapable of responding In a con- structive manner. 

However, during the late 1980's and 

this new decade, we have begun to build on our, past experiences with the act 

making substantial progress not oniy at 

the Federal level, but especially at the 

State and local level. We intend that the 

Juvenile Justice amce be ~ advocate for 

the fa.mllles and youth of our statps, while at the same time protectl.ng their 

ht!Dlan, constitutional and. legal rights. 

sQns for my introduction of the original 

Juvenile' Justice Act in 1971 was my , concern with the increasing problem of 

juvenne crime. I have long beUeved that 

the best method of controlllng violent 

crime is to prevent it in the first place. 

If we can take the first-time minor offender and prevent him or her from com- mitting even more serious offenses we w1ll have gone a long way toward con- trolling our problem with violent oft'end- ers. In the same vein, however, I firmly beUeve that some youthful oft'enders 

must be removed from their communities 

for SOCiety's sake as well as their own. The secure incarceration of youthful 

offenders should be reserved for those 

youths who commit serious, violent offenses and cannot be handled by other 

altemati ves. It was shocking for me to learn 

through our hearings over the past 10 

years, that often the juvenile justice system actually incarcerates the nonviolent, 

noncriminal status oft'cnder as well 811 

the neglected and abused child more often than those who are charged witll or convicted of criminal oft'enses. status 

and nonoft'enders are actually more likely to be detained, more Ukely to be, 

institutionalized, and once incarcerated, more likely to be held in confinement 

for longer periods of time than those who are charged with or convicted of criminal 

offenses. 

One of the underlying precepts of the 

Juvenile Justice Act is to reorder tpese misplaced policies and priorities. I do 

believe, however, that the prcblem of 

the violent oft'ender should be given an 

increased focus. These relatively few individuals cause a disproportionate 

amount of suft'ering and fear among the 

adult population. 

A major new study by Pennsylvania 

state University, where 88 percent of 

2,000 elderly citizens were /lurveyed, 

found that they actUally cross the street or change their direction of travel just to 

avoid teenagers. Eldarly persons Uving 

In cities are so afraid of teenagers that ' 

TH& IIS0 .URNDMENT8: THE VIOLENT many remain indoors after 3 p.m. and do 

Jt7VI!:NILI: calliE CONTROL ACT not go to senior citizen centers, parks and 

Mr. President, the blll I am introduc- other places they would normally go. ing today extends the Juvenile Justice The study found that 6fJ percent of the, 

and Delinquency Prevention Act of 1974 persons surveyed said fear of crime haa 

for 5 years. It also specifically delegates grea.tly affected their use of facUlties deall final authority for Juvenile justice signed for the elderly. 

programs to. the Administrator of the Past· surveys have shown that many 

Omce of Juvenile Justice and Delln- older people are afraid to leave home 

queney Prevention (OJJDP), I have long after dark, but I was surprised to find 

believed· that this delegation of authority that 3 p.m. is now the cut-off time. 

is a necessary factor in any emcient and About olie-fifth of the elderly In the 

coordinated effort to adequately con- study wanted to be home. Indoors, by the 

front the problems of the juvenile justice time school ltlt out, Nine percent of the 

system. The Individual who bears the elderly in the study had been crime vicresponsibility for managing this Omce Ums within the 12 months ,before the 

and coordinating 'all Federal juvenile survey. Moot had been robbed or had 

justfce programs should also have the their homes burglarized. A total of 33 

authority to carry out that responsibility. robberies, 22 assaults, and 5 other crimes 

Since 197" the Congress haa stressed thla had lieen committed against the elderly 

fact In conference reports and debate on in the study while they were en route to 

the floor of both Housea of CongreSs. In senior citizen centers. 

thls reauthorization, we wW speclftcaUy T.be amendments I am Introducing tomandate th1a proper delegation of au- day are designed to bring inereased atthorlty for the Administrator of OJ;rDP. tentlon to the violent offender. These 

The bill also requires the appointment amendments, entitled, the "Violent 

of two depUties and one lecal advlaor to, Juvenile' Crime Control Act of 1880," 

.insure that the Administrator of ~JDP 'Would retain the 111.1fi-percent matnte- ~. be abletoealT)"-Out thlsauthMlt)'.' ··nWlce of effort provision and at the same Mr:President, one of· the priDlIu7 rea- tbne mandate that these funda be 

14· 

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March 19, 1980 CONGRESSIONAL RECORD-SENATE 82643 

targeted for programs aimed to curb violent crime committed by Juveniles. For 

those offenders who are charged with the 

violent crbnes of murder, forcible rape, robbery, aggravated assault, or arson involving bodily harm this legislation es- tablishes .programs to Jdentlfy, appre- hend, speedily adjuc;Ucate, sentence, and 

rehabiUtate these individuals in a hu- mane fashion. In addition, this bill would 

require the Administrator to provide a detailed eva.luation of "Scared-Straight" 

type programs and their potential for re- hablUt'atins: juvenlle offenders. 

VIOLENT JUVENILE OFFENDERS: MYTH 01\ 

RlEALlTY? 

Mr. President, we are all too familiar 

with the litany of violence reported dany 

by the press nnd the media. We have all 

heard witnesses testifY of their horrible. 

brutal attacks by young people, inclUding our elderly victims. Noteworthy, however, is the fact that the victims of violent juvenne crime are more likely to be 

juveniles themselves. The National Advisory Commission on CrIminal Justice 

Standards and Goals I'eported that: 

Victims of assaultive violence In the cities 

generally have the same characteristics aa the 

olYenders: victimization rates are generally highest tor males, youths, poor persons and 

bhICks, 

Of course, these reports are of little 

comfort to the frightening numbers ot 

Amerirans who have personally been 

victims of violcnt crimes. An ever-increaDing percentage of our citizens.-

young and old--find their da.Uy lives 

directly affected by the fear of violence 

in their communities. Recent polls re- veal that half of our citizens are afraid 

to walk alone at night in thclr neighborhoods, nearly 20 percent do not feel 

safe ill their own homes and nearly 33 

percent oC our young people are afraid 

in their own schools. 

RUNAWAY AND HOMELESS YOtr\'ll ACT 

Mr. President, one of the key features 

of our effort.s in the juvenile justice area has been the Runaway and Homeless 

youth Act. 

The Runaway and Homeless youth Act is designed to provide assistance to Stat,t'~, localities, and nonprofit private agenClcS to operate temporary sheIt.er 

CI\1'C facilities in areas where runaways tend to congreg-lttt'. These programs, over 107 fllnded by HEW last yt'lU" deal pri- mal'lly with the immetll'lte needs of run- away youth or othel'wise homclcf,s young 

people In a manncr which is outSIde the 

tradltionrLl law enforcemcnt structure 

and juvenile justice syst.em. 

WhNl t,he Runaway youth Ai:t \l'OS 

first Ptl!:sed ill 1974, It ,d!d n'lt include 

aSl:h;t.nnce for hGOleleS5 youth, or th<i'~e 

who nre dependent, l1cb'lected. alld 

abused. Howlwcr, the 1077 amendm<:l'ts 

to the act Incorpcratec! hOlntlc:;s negh'ctcd and abused youth ill the catl'nory of tho~() to be asr.;lstcd under the act. It Is 

my opinion, and those of us In Congress, that there are many young' people who 

have 110 home from whIch to rUll, or who are so abused or ncglected thrlt leavlllg home is a rational altemntlve. The 1)1'0-

grammatio foclls of the act shOUld cOlltinue to reflect these concerns. 'I'here are approximately 1 million 

runa.ways each year, withtlle average 

age of these youngsters being 15. In ad- . heavily o~ the commitment. of interested 

dition, In the last few years there have citizens, ~ommun1ty groups, State and 

Women running away from. home. We local leaders, juvenile court judges, so- have also discovered that a growmg cial workers, school personnel,' religious number of young runaways are forced leaders and, most importantly, on the 

from their homes by physically abusive family. . and neglectful parents. It is imperative to keep the legislative 

The runaway and homeless youth pro- process and statutes in this perspective. 

gram is designed to offer necessary Legislation Is never B !lolutlon or cure emergency medical care and counseling in itself: it is a framework within which 

for both the young people and their fant- a problem can be attacked. The better 

mes, so these young people can be helped the legislation, the better the chance 

before they end up incarcerated in ju- the system will meet and respond approvenile institutions or even, unfortunately priately. These amendments are one step 

in many cases, adultjalls. in attMklng the problem of juvenile 

The cornerstone of the Juvenile Jus- crime in a prudent manner. Equitable tlce/Runaway and lIomeless youth Act resources, In relation to our current juis prevention. The Runaway and Home- venile population, potential, and experless Youth Act provisions 9,re directed Use must be committed to our juvenile 

toward the prevention of jUvenile crime, offenders and nonoffenders, it we are to a reduction In the SUbstantial lawen- make any gains in addressing these 

forcement problem of communities Inun- problems in the 1980's. 

dated with runaways, and short-term CONCLUSION 

placement for homeless youth. Mr. President, in summary, this bill 

VIOLENT JUVENILE CRIME CONTROL ACT: KEY extends the act for 5 years at $200 mllPROVISION TO ASSIST Ot1R HOMELESS, HE- Hon for each of fiscal years 1981 through ClLECTED, ADUSED AND RUNAWAY YOUNO 1983 and $225 million for each of fiscal 

PEOPLE years 1984 and 1985: delegates all final 

Mr. President, a key provision of the authority to the OJJDP Administrator: 

amendments I am introducing today, re- requires the Administrator to appoint 

quires that appropriated fUnds under two deputies, and one legal advisor: re- the JUvenile Justice Act, not obligated, quires the Administratol' to provide a by the end of each fiscal year shall be detailed evaluation of "Scared-Straight" transferred to programs funded 'under programs: Increases citizen participation 

title III-the Runaway and Homeless In the operation of the program: retn.ins 

youth Act. HistOrically the juvenile Jus- the 19.15 percent malntenanoe of eft'ort 

tice 'program had a rocky beginning provision, but mandates that It be spent 

which resulted In its fallure to properly for programs aimed at curbing violent 

obllgate its funds, even though the nec- crimes committed by juveniles: requires .cssal·y program applications were avail- the Administrator to implement the 

able to OJJDP. Fortunately, In 1978 the maintenance of effort, formUla grant, 

3-year backlog of funds was obligated discretionar,y grant and oth~ initiatives 

and off the Washington desk at the Of- in OJJDP: provides adequate adminisfice of Juvenile Justice. However, within trative support for the Office: extends 

the Pllst year the obligation rate has di- tQe Runaway and Homeless youth Act 

mlnished substantially, with the prospect for 5 years at $25 million for each of 

of a significant carryover. I1~ order to as- fiscal ycars 1981 through 1983 and $30 sure that appropl'iated funds obtained In mUllan for each of fiscal years 198\\ and 

these belt-tightening times are obllgated 1985, and mandates that any carryover 

in a timely manner, my bill will transfer funds from the Juvenlle Justice Act be , any such carryover to the title In pro- transferred to the Runaway and Homegram which, to date, has not experienced less Youth Act by January 1 of each 

suoh problems. subsequent fiscal ycar. 

Mr. Prcsident, it is true that the Omce 'rIle Juvenile Justice and Delh1quency of JUVenile Justice Is tragically under- Prevention Act and these 1980 amendstaffed. By the Department's own survey, ments will provide the stability so vital 

the Offl,:e should have at least 150 staff to the continuation of this congressional 

In order to carry out this program cf- initiati·ve. The 5-year extension, with 

fect.ively, efficiently, and with responsl~ the adequate funding providcd, when 

bWty. nut, the necessary staff has not cOllpled with full implementation of the 

been pl'ovlr:lC'd to get the job done. Hope- proviSions of the 1974 and 1977 ncts will 

tully, we In Congress will be able to over- help address crime's cornerstone in this come this pitfall. oountry-,juvenile crime and violence. 

Violent juvenile crime must be put into Although the amounts authorized to date 

PC'l'spcctive, Yet, in no way do I wish to have 'been very frugal rclative to the task 

Illinlmil.e t.he tmgedy and hor.~or cxpel'l- of each oC the po.rticllJnting Siates, such 

enced by t.he vtctlrns of violent offenses. resourocs provided in a ~tablc, con- Mr, PI't.lsident, the !l'ederal Govern- tinuour fashioll will do wonders to 

mont enn play an Importo.llt role in de- achieve t.be mandate of the 1974 act. As 

lill(Jllcncy prevention, but not ~n 1sola~ we all know, $100 today is only worth 

tl011. Solutions to youth crime cannot be $70 of 4 years ago. 

provided exclusively by tb.e Federal Gov- Mr. President, I could not conclude 

crnment. ThNle pl'oblems will not be without expressing a debt of gratitude solved by simply passing a bill, issuing to the numerous private agencies and 11 report, holding a hearing or simning a publlc groups who have been most ac- law In Wnshington. The most v'~luable tlvely involved in aSSisting us with this 

assets In our efforts to prevent juvenile act and its amendments. If thel'e ever cl'lme are the family, the church and has been a citizen.'s measure, it is this our schools. Any successful preventive one. Ml.re than 75 organlzationsFederal Juvenile Justice effort mUlst rely across-the-board philOSOPhically, and 

15 

"'--------------------------~~--~--- -
82644 CONGRESSIONAL RECORD-SENA1'E Ma1'ch 19, 198.0 

acroSs-the-country knowing no geo- graphical bounds h~ve participated in 

these efforts. Without their help we could 

not have gotten the act passed in 1974, 

drafted the 1977 provlsions, tested the 

provisions, and developed the necessary 

support for the 1980 provisions. I ask 

unanimous consent that the list of organizations endorsing the JJDPA of 1974 

be printed In the RECORD. 

I urge my colleagues to support this 

extension and I look forward to working with you and those In the House of Rep- resentatives toward our mutual goalo. Mr. President, I ask unanimous consent that the blll, sectlon-by-sectlon analysis, along with a partialllst of those 

who support this act, and a portion of 

the annual report of the Runaway and 

Homeless Youth Division at HEW be 

printed at this pOint In the RECORD. 

Mr. President, today I am also introducing, by request, the admlnlstration 

blll to amend the Juvenile Justice and 

Delinquency Prevention Act of 1974. I 

ask unanimous consent that the VicePresident's letter, bill, and sectional 

analysis be printed following my materials in the RECORD. 

ORGANIZATIONS ENDORSING THE JUVENILE 

JUSTICE AND DELINQUENOY PREVENTION 

AOT OJ' 1974 (PUBLIO LAW 93-415, AS 

AMENDED IN 1977, PUBLIO LAW 95-115) 

American Federation of State, County, and 

Municipal Employees. American Institute of Family Relatlonl!l. 

American Legion, National Executive Committee. 

American Parents Committee, 

Amerlonn Psychological Association. 

B'nal B'rlth Women. 

Children's Defense Fund, 

Child Study Association ot America. 

Chinese Development Council. 

Ohrlstlan Prison Ministries, 

AFL-OIO Department of Community Sen'-

Ices, 

AFL-OIO, Departmetlt of Social Security. American Associlltion of Psychiatric ServIces tor Ohlldren. 

American Association ot University Women, 

American Camping Association. 

American Federation of Teachers. 

American Occupational Tilerapy Association, 

American Optometric Association. 

American Parents Committee, 

American Psychological Association. 

American Ptlbllc Welfare Association. 

American School Counselor Association. 

American Society tor Adolescence Psychiatry, 

Association tor Ohlldhood Education International. 

Association of Junior Leagues. 

Emergency Task Force on Juvenile Delinquency Prevention. 

John Howard Association. 

Juvenile Protective Association. 

National Alliance on Shaping Safer Cities. 

National Association ot Couutles. 

National Association ot Social Workers. 

National Association ot state Juvenile Delinquency Program Administrators. 

National Collaboration tor youth: BOys' OlubB of America, Boy Scouts ot America, 

Camp Fire Olrls, Inc., Future Homemakers 

of Amerlcn, Olrls' Olubs, Olrl. Scouts or U.S,A., National Federation ot Settlements 

and Neighborhood Centers, Red Cross youth 

Service Programs, 4-H Clubs, Federal Executive Service, National Jewish Welfare Board, 

National Board ot YWCAs, and National 

Council ot YMCAs. 

National COmmission on the Observance of I~ternlltlonal Women'l Year committee on 

Ohlld . Development, Audrey Rowe Colom, 

Ohalrp'drson Committee JIll RuckelshauI, 

Presiding Omcer ot COmmisSion. 

National Oonference of Orlmlnal Justice 

Planning AdmlIUstratora. , National COnference ot State Legislatures. 

National Oouncll on Crime and Delinquency. 

Boys' Olubs ot America. 

Boy Scouts ot the USA. 

Ohlld Weltare Leogue of Amel'lca. 

Family Impact Seminar. 

Faml1y Service Association ot America. 

Four-O ot Bergen County. 

Olrls Clubs ot America. 

Home and School Institute. ~,.utheran Council In the U,S.A. 

Maryland Committee tor Day Care. 

Massachusetts committee tor Ohlldren and 

youth. Mental Health Film Board. 

National Alliance Concerned With SchoolAge Parents. 

National AssOCiation ot Social Workers. 

National Ohlld Day Care Association. 

National Conterence ot Ohrlstlans and 

Jews. 

National Council for Black Child Development. 

National Council of Ohurches. 

National Council ot Jewish Women. 

National Council ot State COmmittees for 

Ohlldren and youth. 

National Jewish Welfare Board. 

National Urban League. 

New York State Division tor youth. Palo Alto Community Ohlld Care. 

Philadelphll\ ,t.:Iommunlty Coordinated 

Ohlld Care Council. 

The Salvation Army. 

School Days, Inc. 

Society of St. Vincent De PaUl, 

United Auto Workers. 

United Cerebral Palsy Association. 

United Ohurch ot Ohrlst-Board tor Homeland Ministries, Division ot Health and Welfare. , United Methodist Church-Board of Global 

Ministries. 

United Nelghborllood Houses of New York, 

Inc. 

United Presbyterian Ohureh, USA. 

Westchester Ohlldren's Association. 

National Federation ot State youth Service 

Bureau Associations. 

National Governors Conference. 

National Information Center on Volunteers 

In Oourts. 

National League ot Oltles. 

National Legal Aid and Delender Association. 

National Network or Runaway and youth 

Services. 

National Urban Coalition. 

Public Alfalrs Committee, National Assoolatlon tor Mental Health, Inc. 

Robert F. Kennedy Action Corps. 

U.S. Conference of Mayors. 

Big Brothers/Big Sisters of America. 

National youth Workers Alliance. 

National Council ot Juvenile and Family 

Court JUdges. National Council ot Crlmlnlll Justice 

Plllnners. 

Youtll Network Cou11cll. 

Amerlclln Bar Association. 

American Olvll LIberties Union. 

National Juvenile Law Center. 

National Coalition fdr Children's Justice. 

Children's Express. 

Ohlldren's Defense Fund. 

Coalition for Children and youth. 

SECTION-IIY-SECTION ANALYSIS 

Section 1 provides that the Act shall be 

cited as the "Violent Juvenile Crime Control Act ot 1980." 

Section 101 amends Title I ot the Juvenile 

Justice and Delinquency Prevention Act. of 

1074 to add an additional decillration ot purpose. The new aectlon 101 (a) (8) adds a Con16 

gresslonal declaration or purpose that t!J,e 

Justice l!Iystem should give additional attention to the problem of violent crlmel!l com- mltted by Juvenllel, particularly to the areas ot Identification, apprehension" Ipeedy adJudication, lentenclng and rehab111tatlon. 

Section 1Q2(a) repeals paragraplul (4) and 

(5) or lIectlon 103 which are no longer per- tinent. ' 

Section 102(b) amends section 103(7) to 

Itst additional terrlt(lrlell that quality as "States" eligible tor funding under the Act. 

Section l02(C) amends section 103(0), a technIcal amendment. 

Section 201 amends TItle II, Part A ot the 

Act In three ways: 

(1) It delegates all flnal authOrity to the 

Administrator ot the omce of Juvenlle Justice and Delinquency Prevention (OJJDP). 

(2) It requires the Admlnlstrator ot 

OJJDP to appoint the two statutory Dep .. utles, as well as the newly created Legal 

Advisor. 

(3) It requires the Administrator ot OJJDP 

to provide a detailed evaluation ot "ScaredStralght"-type programs to the United Statel 

Senate Oommlttee on the JUdiciary and the 

United Statel!l House ot Representatives Oommlttee on Education and Labor, by December 31, 1080. 

Sectlonl!l 202 and 203 amend Title II, technical amendments. 

Sectlonl!l 2M and 205 amend Title II, Part 

B, Subpart I related to block grant Federal 

Assistance for State and Local Programs, technical amendments. 

Section 206 Ar.1ends Title II, Part B. Subpart II related to discretionary grant Federal 

Assistance for Priority Juvenile Prevention 

and Treatment Programs, technical amendments. 

Section II 207 and 208 amend sections 225 

(b) (5), (6), and (8) to Increase citizen 

partlclplltlon In the operation ot the program. 

Sections 200 and 210 amend section 228 

(g) and 241(C), technical amendments, . Section 211 amends Title II, Part D, Administrative ProvisIons, In four waYI!I: 

(1) It provides a five-year authorization 

with an appropriation level ot $200 million 

tor each ot fiscal yellrs 1981, 1082 and 1983 

and $225 ml11l0n tor each of fiscal yellrs 1084 

and 1085, section 261 (a). 

(2) It requires that appropriated tundl 

not obligated by the end of each fiscal year 

shall revert to programs tunded under the 

Runaway and Homeless youth Act, by J9nuary 1 of the next fiscal year, section 261 (a). 

(3) It requires that maintenance of er- fort funds, 19.15'.'0 ot the total approprlat!oll of Title I ot the Justice System Improvement A.ct, shall be targeted tor programll aimed t.o curb violent crimes committed by juvenlllas, namely: murder, torclble rape, 

robber)r, aggravated assault, and arson InvolvlnPi bodily harm, particularly to the areas of Identification, apprehenSion, speedy adjudication, sentencing and rehabilitation, 

section 261 (b). (4) It requires the Admlnlstrntor or OJJDP to Implement and be responsible tor 

section 261 (b). 

Section 212 amends section 262, to pro- vide adequate administrative support tor the 

Omce. 

Section 213 amends section 203 to require 

that amendments made by the Violent 

Juvenile Orlme Control At't of 1980 shall tuke 

eft'ect on the date of enactment. 

Sections 301, 302 and 303 Ilmend Title III 

ot the Act to reHcet the 1977 A(lt's homeless 

youth program authority. 

Section 304 amends section 311 to authorIze tile Secretary to make grants to link 

runaway and homeless youth with their fam11Ies and service providers through the use ot a National hot-line telephone network. 

Sections 305 and 306 amend sections 312 

(a), (b) (5) and sectIon 315(1) to refiect the 

1977 Act's homeless youth program authority. 

, 

f' , , 

l'~ 

, 

March 19, 1980 CONGRESSIONAL RECORD-SENATE 82645 

section 307 amends Title m, Part D, 

Authorization ot AppropriatIons, to provide a l1ve-year authorization with an appropriation level of ,25 million tor each of fiSCal 

yearl!l 1981, 1982 and 1983 and $30 million tor 

each of l1scal years 1984 and 1085. 

Sections 401 and 402 aMend Title 5 and 

Title 18 ot the United States Code, technical 

amendments. 

Section 403 amends section 1002 ot the 

JUlItlce System Improvement Act of 1070, a technical amendment. 

Section 404 amends the Act to carry out 

the delegation ot authority tor the AdminIstrator ot the,Omce. 

EXCERPTS FROM THE ANNUAl. REPORT or TlIE 

RUNAWAY AND HOMELESS YOUTH ACT/ 

HEW 

The 1076 Annual Report addressed questlonl!l ot causation with rega.rd to the rImaway youth problem In the Nation. The 

Nation&! Statistical Survey documented the 

runaway youth problem as being extensive, 

persistent, and a result ot multiple causes which explain Ita nature and IncldeI e. The 

Survey found that approximately ,33,000 

youth ages 10 to 17 leave home annually without parental permission for at least 

overnight. A major contributing tactor to 

youth leaving home was that of family con- flict, 

In addition, the Survey presented evidence 

that large numbers Of homeless Imd ne- glected youth often go unlHlrved by the traditional lOCI&! service agencies. Two priority areas were Identlfled In whiCh continued ettorts were required to turther strengthen the 

programs funded under the Runaway Youth 

Act. 

ThC6& two obJect!vll8 were (1) Service I)e- l1v~--to CQnt!!l.lH! prcgra:nmatlo i'il!orta ,l;; .. algned to Improve the service and administrative capabl1lty ot the tunded runaway 

youth projects to deliver eJfectl ve services to 

runaway youth and their tam1l1es: and (2) 

Research and Evaluation-to continue re- learoh eJTorts Into the problems and special needs ot runaway youth, the causes and 

complexities ot runaway behaviour, and to 

conduct a national eValuation ot the proJects funded under the Runaway Youth Act. 

In the 1077 Annual Report, the Department reported more tully on the characterIstics ot the National Runaway Youth Program and several Important conclusions wel'e 

reached: 

The runaway youth projects a.re serving ,. greater proportion ot "vulnerable youth" as dofinlld by the variables ot age, sex, and 

situational status; , The runaway youth projects lire IncreasIngly becoming utilized as a resource by youth and tam1l1es In crisis, ot which the 

a(ltual event ot running away trom home 

II only one lIymptOm, ot the problQIDS til at are being experienced; 

ProJects funded under the Runaway youth Act aro providing more comprehensive serv- Ices to runaway youth and their families 

than In the past: and the nature of the MmaWay :youth problem Is more complex, longer 

term and severe than just being on the run: The> projeots tunded under the Runaway YOUtll Act are rapidly beC9q1lng legitimate 

and stable members ot the social service system I,nd are pI'ovldlng more than tempor:Il'y aheltc!r and crisis counseling within their 

facIUtles:' ' 

RUIll\way youth are ataylng closer to their 

home commuultlel!l during the runaway epl- lode: 

There are growing needs tor elCpanded aftercare services, (Intel'lIledlate and longtern\ ca.re) because many ot the youth have 

family related and long standlni l\llresolved 

problems: 

There are an Increaslni number of homeless youth who are seeking lervlces from the 

runaway youth projects. 

On the basis ot these l1n,d1nga, the Department recommendedo: tbat priority Ihould 

be glvell' to tbe further development Qt after- care servlcee tor runaway youth: that ~here 

should be exploration Into the development 

ot expanded lIervlces IDj local runaway cen- ters: that Intergovernmental relations should 

be developed to taclUtate thel!le l!Iervlces: and 

that the network ot the runaway service deUvery system In local communities should be 

expanded. 

During FY 1978 three slgnlflcant eveDjts oc- curred. First, with reauthorization ot the 

Runaway youth Act, an amendment was Included which tmlled for .he iransfer ot the 

National Runaway Youth Program trom the 

Youth Development Bureau ot the Department ot Health, Education;. and Wel1are to 

the OJ!!ce ot Juvenile Justice and· DellnqUllncy Prevention within the Department or Justice or the ACTION Agency. Secondly, 

House' of Representatives Overs.lght Hearings were conducted on, the admlnlstratlon ot the 

Runaway youth Act by the Department ot 

Health, EdUcatIon, and Wel!are: and thlrd, 

the Oovernment Accounting OMce wall directed to review the admlnilltration ot the 

Runaway Youth Act with the Department. The OAO report focused ollj tl)e tollowing areas: The general management and administration ot the RUllllway youth Act by the Administration for Children, youth and Fam111es; 

Tile adequacy ot, the program e.valuatlon 

conducted by the Ad,mln.lstratlollj for Ohlldren, youth and Fal1ll11es to determine its 

strengths and weaknesses: 

The disposition ot children sheltered by the runawllY programs supported In whole or In part by program tunds: an,d 

The extent to which the program has re- duced the Involvement ot runaways In the 

formal Juvenile court system. 

On March 7, 1978, House Oversight HellrIngs were conducted and the General Acco\mtlng OtIIce report was presented. While 

th,e report reVealed several problems, the 

administration ot the National R,unaway Youth Programs remained with the Department ot Health, Edu(''ation, and Weltare. 

The 1976 Annual Report to Congreas re- ,'Iews the findings and conoluslolls ot the 

1976 lind 1977 reports and addressell the 

strengths and weaknesses Ident11led by the 

Oeneral Accounting OMce and the HOllse 

Ovcrslght Oommlttee. The major foous and 

thrust ot the Ann;ual Report Is on the Idehtlncatlon ot ma.Jor Issues and needs which 

will Infiuence the tuture administration ot 

the Runaway Youth Act by thfo' Department. However, while this Report Is designed to 

report on the status and accomplishments of the National Runaway You tit Program, It 

Is also Intended to document the activities 

conducted by the Depal·tment ot Health, Education, and Welfare during Fiscal ~ear 1078 

to strengthen and to administer the overall 

goals ot the Runaway Youth Act. 

The primary accomplishments ot the NatIonal Runaway youth Program In FY 1978 

Include: 

Funding ot 166 runaway youth programs 

which havo provided services to over 32,000 

runaway youth and their families located In 

48 States. Puerto Rico, the District of Columbia aud Guam: . 

Awnrdlng Of seven demonstratloll grants 

to Runaway youth Act funded programs to 

enable tllcm to more comprehenelvely address the needs ot youth and families In 

crlsll!l by expanding the range ot servlcel!l 

provided and the types Of Clients served: 

Strengthenlni of the administrative structure within the Department ot He&!th, Education, and Welfare to Increase the capability tor providing better lervlce. under the 

Runaway youth Program: 

Implementation ot a Management Information System which II hued OIl the Intake 

and servico Summary P'Qrma witbln the De17 

partment designed to provide a data base 

ot empirical 'Information on runaway youth served by the programs: 

Funding ot the Nation&! ToU-Free Communications SYlltem to lIerve runaway, either 

homeless youth and their fam111es. 

Development or, Intra- and IllIter-Agency 

agreements for the pltrpoae ot expanding services under the National Runaway Program: 

Development Of model regulations, con- Jllstent with the Secretary's "Operation Oom- mon Sense," which eliminates 1nemclent IIIlld 

unneCes!!ru'y reporting requirements, rules, 

and regulatlonl!l within the Department: and 

Identification ot the National Runaway youth Program as one ot the tocl for the 

Secretary's Major Initiative Tracking System whlchrequlrel!l 110 quarterly review. 

Based upon the data submitted by the 

programs on the clients served, and the re- sults ot program development- and resea.rch 

efforts conducted by the Department, several 

conclusions can be drawn 1Iobout the Implementation ot the Act. These conclusions are lIumma.rlzed below IIIlld discussed more completely In the overall report. 

Most ot the runaway youth programs have 

developed muJtlple service components ad- , dressing emerging needs ot young people In 

the local community. 

The runaway youth programs aI'e scrvlng a greater portion ot VUlnerable youth with 

long standIng, unresolved family problems. The number ot homeless or abandoned youth sooklng services has Increased. 

The runaway youth programs are Increl.\SIngly beIng utl11zed as a resource by both 

youth and families In crisis. 

The runaway youth programs are becomIng viewed as legitimate members ot, the 

community SOCial s/jrvlce network and are being utl11:zed by SOCial service agencies and 

the law enforcement/Juvenile Justice system as a resource tor youth and taml1les. 

Leaving home without parental permis- sion continues to be a major probXem tor 

youth In this country. The National Statistical Survey on Runaway youth conducted 

In 1975 tound that approximately 733,000 

youth leave home annually without parental permiSSion. In addition, there has been IncreaSing evidence of large numbers ot 

hOllleless, neglected, and abused youth going 

unserved by traditional social service agen- cies. In orde~ to more effectively meet the 

needs ot these youth, the Runaway youth 

Act Iluthorizes the Secretary ot the Department of Health, Education, and Welfare to 

makt, grants to local communities tor the 

purpose of developing programs which deal 

primarily with the Immediate needs ot run- away and otherwise homeless youth In a manner which Is outSide the law entorcement structure and Juvenile justice system. Services provided must Include temporary 

shelter, counseling, and aftercal'e services. 

The legislative goals of these grant pro- gramsl\re: 

(1) to alleviate the problems of runaway youth: 

(3) to reunite youth with their taml11el!l 

and to encourllge the resolution ot Intrafamily problems through counseling and 

other services: 

(3) to strengthen family relationships and 

to enco\lrage stable living condltlolls tor 

youth: and 

(4) to help youth decide llpon a futuro 

cOllrse ot action. 

Through the Implementation ot these four 

legislative gORls. the National Runaway Youth Program Is Impacting significantly on the lives ot many vulnerable runaway and 

homeless youth and their families. Through 

Its community-based projects the Runaway Youth Program served 32,000 youth and their 

tam111es during FY 1978. 

Through the National Runaway youth 

Program, youth and tam~lIes now have ac-
• 

8·2646 CONGRESSIONAL RECORD-SENATE March 19, 1980 

cess to a network of community-based lervIce programs designed to address youth needl 

while they are away from home and to provide lervlces for youth and their famllIel on an aftercare bases al required. Further. 

the National Toll-Free communication system whloh II designed to provide a neutral 

channel of communications between. and a vehicle for reuniting runaway youth with 

their families. served 135.880 youth. The Youth Development Bureau &1so hM I? responsibility to Improve the administrative and organizational capabilities of run- away youth programs to plan and deliver 

services to runaway and otherwise homeless 

youth. To this end. YDB has developed a technical operations manual which presents 

13 program performance standards Integral 

to a program of services to e«ectlvely deal 

with the cl'lsls needs of runaway and otherwise homeless youth. 

YDB also provides. through a contract. 

technical assistance to local programs In the area of organlzatlonal~evelopment as well AS 

short-term training to Increase the Information and skills of youth workers to deliver 

services within their programs. Additionally. 

YDB has responsibility to develop models for 

dissemination on the provision of speclfio 

services such as prevention. aftercare. and 

health services. 

There being no objection. the blUs and 

material were ordered to be printed in 

the RECORD. as follows: 

S.2441 

Be U enacted bV tile Senate and House 

01 Representatives 01 the United States 01 

America in Congress assembled. 

rmORT TITLE 

SECTION 1. This Act shall be cited as the 

"Violent Juvenile Orlme Oontrol Act of 

1980". 

TITLE I-AMENDMENTS TO TITLE I OP 

THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION. ACT OF 1974 

SEC. 101. Section 101(a) of the Juvenile 

Justice and Dellnquenoy Prevention Aot of 

1974 Is amended-

(1) by striking out "and" Immediately after the semicolon In paragraph (6): 

(2) by striking out the period at the end 

of paragraph (7) and Insel·tlng a semicolon 

and "and": and 

(3) by adding at the end thereof the following: 

"(8) the Justice system Illlouid give additional attention to violent crimes committed 

by Juveniles. partlculBl'ly to the areas of 

Identification. apprehension. speedy adjudication. sentencing. and rehabilitation .... SEC. 102. (a) Paragraphs (4) and (5) of 

section 102 of that Act are repealed. 

(b) Section 103(7) of that Act Is amended 

by Inserting after "Paclfio Islands" the folIQwlng: "the Virgin Islands. Guam. Ameri- can Samoa. the Oommonwealth of the 

Northern Mariana Islands .... (c) Section 103(9) of that Act Is amended 

by striking out "law enforcement .. and Inserting "Juvenile justloe". 

TITLE II-AMENDMENTS TO TITLE II OF 

THE JUVENILE JUSTICE AND DELIN. 

QUENCY PREVENTION ACT OP 1974 

SEC. 201. (a) Section 201 or the Juvenile 

Justice and Delinquency Prevention Act of 

1<174 Is amended to read as rollows: 

"SEC. 201. (a) There Is hereby established 

within the Department of Justice under the 

general authority ot the Administrator of the 

Law Enforcement AssIstance Administration. 

the Olllce of JUvenile Justice and Delinquency Prevention (reCerred to In this Act as the ·O/llce·). The OftIce shall be under the 

direction of an Admlnlstrator. Who shall be 

nomlnRted by the President by and with the 

advice and consent of the Senate. The Administrator shall adminIster the provisions 

of this Act through the Olllce. The Ad.-

'r 

mlnlstrator shall have ftnal authority to 

award. admlnillter. modify. extend. terminate. monitor. evaluate. reject., or den)' all 

grants. cooperative agreements and contracts 

from. and applications tor. tunds made 

avaUable under this title. 

"(b) The Administrator may prellCrlbe. In 

accordance with section 653 of title II. 

United states Code. such rules and regula- tions as, are necessary or appropriate to 

carry out the purposes of this title." 

(b) Section "201 (e)" of that Act Is re- numbered "201(c)" and amended by striking 

out "of the Law Enforcement Assistance Administration" • (0) Section "201 (f)" of that Act 18 re- numbered "20~(d)". 

(d) A new subsection "(e)" Is added to 

read as fonows: 

"(e) There shall be, established (n the 

Olllce a Legal Advisor who shallibe appointed 

by the Administrator whose function shall 

be to supervise and direct the Ltigal Advisor Unit whose responsibilities shall 

Include legal policy development. Implementation. and dissemination and the coordlna" 

tlon of such matters with all relevant departmental units. The Legal Advisor. when appropriate. shall consult with the Lew Enforcement Assistance Administration and the 

Office af Justice ASSistance. Research. and 

Statistics on legal nonpollcy matterll relat~ 

Ing to the provisions of this Act .... (e) Section "201(g)" of that Act Is re- numbered "201 (C)" and amended by striking 

out "-ftve" and Inserting "-silt". 

(f) A new subsection "(g)" Is added to read as follows: 

"(g) The Administrator shall provide the 

United States senate COmmittee on the Judiciary and the United States House of Representatives Committee on Education ancl 

Labol' with a detailed evaluation of the Rahway Juvenll~ Awareness Project. the 00-

called "Scared-Straight.. program or other 

elmllar programs. no later than December 

31.1980 .... SEC. 202. (a) Section 204(b) of that Act 

Is amended by striking out ". with the as- sistance of Associate Administrator .... (b) Section 204(g) of that Acllls amended 

by striking out "Admlnlstratl'ln" and inserting "Office". 

SEC. 203. Section 208(d) or that Aot 111 

amended by striking out "Corrections" and. 

Inserting "Justice". 

SEC. 204. (a) Section 222(a) of that Aot III 

amended by striking the la.lIt "and" and Inserting Immediately after "Pacific Islands" 

the following: ". the Commonwealth of the 

Northern Mariana Islands. and any territory or possession of the United 'States .... (b) Section 222(b) of that Act Is amended 

by striking out "the Virgin Islands. Ameri- can Samoa. Guam. and the Trust Territory 

of the Paclfio Islands" and Inserting "as 

defined In section 103(7) .... SEC. 205. (a) Section 223 (a) of that Act Is 

amended to read as follows: 

"Ca) In order to receive formula grants 

under this part. a State shall submit a plan for carrying out Its purposes In accordance 

wIth regulations established under this title. 

such plan must-", 

(b) Section 223(a) (3) (III) of that Aat 111 

emended by striking out "established pursuant to section 203(c) of the Omnibus 

Crime Control and Sate Streets Act of 1068. as amended". 

(c) Section 223(a) (3) (Iv) of that Act 111 

amended by striking out "section 520(b) of 

the Omnibus Crime Control and Sate Streets 

Act of 19ti8. ns amended." and Inserting "section 1002 of the Justice System Improvement Act oC 1979 .... 

(d) Section 223(a) of that Act Is amended 

by striking out the last sentence. 

(e) Section 223(c) of that Act Is amended 

by striking out ". with the concurrence of 

the Associate Administrator .... 

18 

'. 

(f) Section 223(d) of that Act Is amended 

by striking out ". In accordance with soc- tlons 500. 610. and 511 of title I of the Omnlbua Crime Control and Safe atreets Act of 

1968 .... SEC. 206. Tho Juvenile Justice and Delinquency Prevention Act of 1974 Is amended by 

substituting "Priority Juvenile" for "Special Emphasis" each time It appears. . SEC. 207. Section 225(b) (5) and (6) of that 

Act Is !'mended by striking out "planning 

agency" and Inserting "advisory group". 

SEC. 208. Seotlon 225(b) (8) of that Aot Is 

amended by striking out "agency" the first 

time It appears and Inserting "advisory 

group". 

SEC. 209. (a) Section 228(b) of that Act Is 

amended by striking out "not funded by the 

Law Enforcement Assistance Administration .... 

(b) Section 228(g) ot that Act Is 

amendcd-

(1) by striking out "part .. and Inserting "title": and ' 

(2) by striking out "or will ,become available by virtue of the application of the PI'Ovisions of section 509 of the Omnibus Crime 

Control and Safe Streets Act of 1968. 6S 

amended". 

SEC. 210. Section 241(c) oC that Act Is 

amended by striking out "Law Enforcement 

and Criminal". 

SEC. 211. (a) Seotlon 261(a) of that Act 

Is amended to read as follows: 

"(a) To oarry out the purposes of this 

title there Is authorized to be appropriated 

e2oo.ooo.0oo for each of the fiscal years endIng September 30. 1081. 1982. and 1983. and 

e225.0oo.0oo for each of the flscal years endIng September 30. 1984. and 1085. Appro- priated funds not obligated by the end of 

each fiscal year. shall revert to the Secretary for the purposes of Title III. no later than 

January 1. of the subsequent fiscal year .... (b) Section 261(b) of toot Act as amended 

by section 1002 of the Justice System Improvement Aot of 1979 Is amended by strikIng all after the IMt "appropriations" and 

Inserting. "under the Justice System Improvement Act ot 1070. for programs aimed 

to curb violent crimes commltted by juveniles. nl!.mely, murder. forcible rape. robbery. aggravated assaUlt. and arson Involving bodily harm. partloularly to the areas of 

Identification. apprehension. speedy adjudication. sentencing. and rehabilitation. Jm· 

plementatlon. InclUding guidelines. of this 

SUbsection shall be the responsibility of the 

Administrator of the Office .... SEC. 212. Section 262 of that Act Is 

amended to read as followa: 

SEC. 262. Of the appropriation for the 

Office under this Act. there shal1 be allocated an adeqllate amount for administrative ex- penses other than those support services per- formed tor the Office by the Office of J\lstlce 

Assistance. Research. and Statistics." 

SEC. 213. Section 263 (a). (b). and (c) ot 

that Act are amended to read ns fol1ows: 

"Sro. 263. The amendments made by the 

Violent Juvenile Crime Control Act of 1980 

shall take elYect upon enactment .... 

TITLE III-AMENDMENTS TO THE 

RUNAWAY YOUTH ACT 

Sro. 301. Amend the caption "TITLE 111-

RUNAWAY YOUTH" by Inserting "AND 

HOMELESS" Immediately after "RUNAWAY". 

SEC. 302. (a) &'lctlon 301 oC tho Juvcnlle 

Justice and Delinquency Prevention Act of 

1974 Itl amended by Inserting "and Home· 

less" Immediately after .. Runaway .... SEC. 303. (a) Section 302(1) of that Act Is 

amended by adding "or who are otherwise 

homeless" after "permission". (b) Section 302(2) of that Act Is amended 

by adding "and homeless" atter "runaway". SEC. 304. (a) Section 311 of that Act Is 

amended by Inserting "(a)" Immediately after "SEC. 311 .... (b) Section 311 of that Act Is amended by 

adding at the end thereof the following: 

~. 

.l 

Ma1'ch 19, 1980 CONGRESSIONAL 'RECORD-SENATE 82647 

"(b) The Secretary Is authorized to make 

grRnts for the purposes of providing a na- tional telephone communloatlon. system to 

link runaway and homeless youths with their 

families and with IIIlrvlce provider ..... SEC. 305. (a) Section 312(a) of thst Act I. 

amended by striking the period and. Inserting 

"or who al'e otherwise homeless .... (b) Section 313(b) (5) of that Act 18 

amended by Inserting "and homeless" after 

"runl\way" ~he first time It appoars. SEC. 3G6. Seotlon 315 (1) of that Act Is 

amended by adding "and homeless" after 

"runaway". 

SEC. 307. <a) Seotlon 341(a) of that Act Is 

amended to read as fol1oWll: 

"(a) To carry out the purposes of part A 

ot this title there 13 authorh:ed to be appropriated $25.000.000 tor each of the fisoal years ending September 30. 1981. 1082. and 1983. 

and $30.000,000 for each of the fisoal years ending 60ptember 30. 1984: and 1985 .... (b) SccLion 3U(b) Is amended by striking 

"Omnibus Crime Contl'ol and 61\fe Streets Aot 

of 1908. M amended." and Inserting "Justice 

System Improvement Act of 19'19 .... 

TITLE IV-MISCELLANEOUS CONFORMING 

AMENDMENTS 

SEO. 401. Section 5316 of title 5. United 

States Code. Is amended by striking out "As" 

aoelate Administrator. Office of Juvenile Justice and Delinquency Prevention" and InsertIng "Administrator. Office ot Juvenile Justice 

and Delinquency Prevention .... SEC. 402. Section 4351(b) of title 18. United 

Statcs Code. Is amended by striking out 

"Assoolate". , SEC. 403. Scctlon 1002 of the Justice System 

Improvement Act of 1079 Is amended by striking out all thflt Bppenrs after "title" 

and Inserting the follolVlng: "tor progrAms aimed to cUl'b violent crimes committed by 

Juveniles. namely. murder. forcible rapo. robbery. aggl'flvated assault. and arson Involving 

bodll:; ba.rm. particularly to the areas of 

ldontlllcflt!on. apprehenSion. speedy adjudl- cflt.!on, sentenCing and rehabilitation .... SEC. 404. (a) 'rho Juvenile Justlce and 

Dt!l1nqllcncy Prov~ntlot1 Act of 1974 Is 

amended by striking out "Assoclntc" eaoll 

time It appears. 

OF~'ICE OF THE DEPUTY 

A'I'TOIlNEY GENEIlAL. 

lVa,qlLfligton. D.C .. May 15, 1979. 

The VICE PRESIDENT. 

U.S, Sl'lIate, 

Washington. D.C. 

DEAn MR. V1l!E PnES10ENT: It Is my pleasure 

to forward for your consideration a Icslslatl\'e proposal cntltled the "Juvenile Justice 

Am('ndmcnts of 19110." 

'1'h15 proposfld blll would amend the JuveIIl1e Just.!ce nnd Delinquency Prevention Act or 1074 nnd extend the nuthorlty of the Law 

Enforcement Asslst.nnce Administration to 

administer the Act. through' Ita Office of 

Juvt'nllll Justice and Delinquency Prevention. for an addlLlonnl lour years. The bill 

would provide contlnulIIl, funding to the Law Enrorc~mellt Asslatnl\ce Administration to 

coordinate Federnl Juvenile delinquency progl'Mns Il.Ild aettl'ltles and to Mslst States. 

unlta of general local government. and private non-profit agencies. organizations and 

Institutions In their elYorts to combat juvenile delinquency and Improve the Juvenile 

Justice system. 

Tbe amendmcnts proposed ILre few In 

number and aro directed toward making 1mprovoments In the exlatlng prosmm. The 

IImelldments were drafted In antlolpatlon of 

the ennctment of the Justice System Improvement Act (S. 241 and H.R. 2061) during 

the cUl'rent session of Congress. Because that 

Act would thoroughly restructure the exlatIng program under the Omnibus Crime Control and Safe Streets Act. It Is pOllSlble that a modillcation of this blll would be necelllAry 

after the enactment of the Justice System 

Improvement Act. The Justice System Improvement Act establishes the Olllce of Jus" 

tlce Assistance. Research and Statistics all 

the coordinating mechanism tor the Pederal 

Justice Iystem Improvement program. The 

Olllce wlll be made up of three .eparate or- ganizational entities responsible for the 

three major functional areas of financlal,asslstance. research. and statistics. Under the new structure. the Juvenile Justice Actprogram will remain a part of the financial as- sistance program administered by the Law 

Enforcement Assistance Admlnlstrll.tlon. 

The legislative proposal would target additional attention and resources on the pl'oblem of tlle serious. violent. and chronlo re- peat delinquent otrender. The bill begins 

with a finding that the Juvenile Justice system should give additional attention to this 

type of otrender from apprehension through rehab!1ltatlon. New formula and SpeCial Emphasis program authority 18 added through a series of amendments proposed In the blll 

that authorize a broad range of program- matic elYorts directed toward this significant, 

but neglected. Juvenile otrender population. 

The legislative proposal Includes a number 

of amendments deSigned to strengthen ac- tivities to coordinate Federal Juvenile delinquency efrorts. The Federal Coordinating Council would be given stll.tr capl\bl11ty to 

assist In carrying out Its stll.tutory duties. 

The Council would be responsible for re- viewing and making recommendations on all 

Joint funding etrorts undertaken by the OCfice of Juvenile Justice and Delinquency Prevention with member agencies. 

In order to Increase representation of State 

advisory groups on the 21 member National 

Advisory Committee for Juvenile Justice and 

Delinquency Prevention. the proposal would 

require that the President appoint at leMt 

two State advillory group members to the 

Committee In ellch group of seven appointments. 

The proposal would clarify the Important Section 223(a) (12) (A) deinstltutiollallzBtlon 

requirement of the Act through a definition 

of the term "Juvenile detention or correc- tional facilities." The definition would PI'Ohlblt the placement of Juveniles who ltave 

not been charged wlth.or I\djudlcated for oftenses that would be crhnlnal If committed 

by an adult In facilities that are secure or that are usea for the law!l1l custody of adult 

offenders. Thill chauge, coupled with the 

Act·s emphasIs on the estnhllshment of small 

community-based alternatives. should per- mit States to continue their progress toward 

full delnstitutlonaUzatlon of noncriminal 

Juveniles While at the same time treeing liddltlonal resources for the accomplishment of 

other Important objectives of the Aot. 

Tho proposed bill continues the National 

Institute for Juvenile Justice and Delinquency Prevention. However. the Instltute·s 

authority In the area of basic researoh 

Into the causes oC Juvenile delinquency would be removed. 'l'he basic researoh 

function would be performed by tlle National 

Institute ot Justice under tho Justice System Improvement Act. 

Finally. the proposal would provide au- thorization ot lIuch suma as are necessary for Juvenile Justice Act pl'ogrlUIlll In eacll of 

fiscal years 1081. 1982. 1983. and 1084. The 

submission of this bill underscores the Admlnlstratlon's continuing commitment to 

juvenile Justice and delinquency prevention 

prc.grammlng at the Federal level. 

X rocommend the prompt and favorable 

consideration of the proposed "Juvenile JUIItlce Amendments of 1980." In addition to the 

bill. there Is enclosed a lIeotion-by-sectlon 

analysis. 

• The Omce or Management and Budget has 

advllllld that there II no objection from the 

standpoint (if the Admlnlstratlon's program 

to the submlllllion of thll legislation to the 

Congress and that Its enactment would be 

19 

consistent with the Admlnlstratlon's objectives. Sincerely, BENJAMIN R. OIVILE1'Tl, 

Deputy Attorney Geaeral. 

AMENDMENT 

Mr. BAYH (by request) Introduced the following bill. which was read twice and re- ferred to the Committee on the Judiciary. 

A bill to amend the Juvenile Justice and 

Delinquency Prevention Act of 1974. and tor 

other purposes. 

Be it enacted by tIle Senate and House 0/ 

Represefltatlve:s 01 the United State:s 0/ 

America In Congres:s assembled. That this 

Aot may be cited as the "Juvenile Justice 

Amendments of 1980." 

SEC. 3. Title I of the Juvenile Justice nnd 

Dellnquenoy Prevention At't of 1974 Is 

amended as 10110ws: 

(1) Section 101(a) (4) Is amended by Inserting the words "alcohol and" after the 

word "abuse" and before the word "drugs". (2) Section 101(a) Is further amende I! by 

striking out the word "and" nt the end of 

paragraph (6). by strlltlng out tho period at 

the end of paragraph (7) and Inserting ": 

and" In lieu thereof. and by adding at tho 

end thereof the following new paragraph: 

"(8) the Juvenile Justice system should 

give additional attention to tile problem of 

the serious Juvenile offender. particularly In 

the areM of apprehension. Identification. 

lI,eedy adjudication. sentencing and 

rehabilitation." 

(3) Section 103(7) Is amended to read as . follows:' 

"(7) the tel'm "state" mealls any Statll of 

the United States. the District of Columbia. 

the Commonwealth of Puerto Rico. tho Virgin Islands, Guam, American SamoB. the 

Trust Territory ot the Paclfio Islands. and 

thll Commonwealth of the Northern Mariana 

Islands:" 

(4) Section 103(12) Is amended to road as fol1ows: 

"(12) the term "Juvenile detention or cor- rectional facilities" means ariy lIecuro public or private facility used for the laWful cus- tody of acoused or adjudicated Juvenile offenders or non-ol'Cenders or any publIc or private faoUlty. secure or non-securc. which 

Is also used for the laWful custody ot ac- oused or convicted adult criminal offenders: 

and". 

PART A-JUVENILT. JUSTIOE AND DELINQUENCY 

PREVENTION OFFIOE 

SEC. 3. Title II. Part A of such Act ~s 

amended ns follows: 

(1) Section 206 (C) Is amended by Insert· 

Ing at the end thereof the fol1owing new sentence: "'I'lle Council shall review lind 

make recommendations on al1 joint funding efforts undertaken by the Office of Juvenile 

Justice and Delinquency Prevention with 

member agencies of the Counoll." 

(2) Section 206(e) Is amended to read as follows: 

"(e) The Chairman of the Council sllall. 

with the approval of the Council. appoint a IItatr director. an assilltant stal'C director. and 

such additional stal'C support as the ChairJnan considers necessary to carry out the 

functions of the CouncU." 

(3) Section 207(d) Is amended by InsertIng after the second 8tntence thereof the 

following new sentence:. "Each group of appointments for four year terms shall Inolude 

at least two IIppolntees who are members of a State advisory gro'up established pursuant 

to section 223(a) (3) of tills Act." 

PUT B-FEDERAL ASSISTANCE FOR STATE AND 

LOCAL PROGRAMS 

SEC. 4. Title II. Part B of such Act II 

amended &II followa: 

(1) Section 333 (a) (10) 111 amended by 

striking the word "and" before the 'Words 

"to ostabllsh and. adopt .. ! and by Inserting 

, 
82648 CONGRESSIONAL RECORD -SENATE March 19, 1980 

attor "juvenile justice standards" the following word!!: ", and to Identify, adJudicate, 

and provIde effective 111s~lttttloll(\1 and com- munity-based treatnHlnt nlterl1l\L!vell for 

the scrlotts, violent, or chl'mHc l'p,pp.at Juvenile offcnder". 

(2) Section 22:1( .. ) (10) (A) Is nmcnoc;d by 

InsertIng after "l'ohahll1tatlve /1el'vl~e" the 

followlug: "Inchldlng programs and ~ervlceB 

tnr~()ted to the trentment nnd rehnbllltatlon of sp.rlous. Violent. or chronIc repont juvenllc offenders." 

(3) Section 223(n) (10) Is further amended 

by adding at the end thereof the following new subparngmphs: 

"(J) pl'ojects desIgned to IdNltlfy and. 

'work with criminally Involved juvellUc gl\ngs 

In order to channel tholr encrgy to constructIve and lawful outlets: 

"(K) programs deslgnt'\d to Identify and 

focus resources upon tlle serious violent, or chronic repeat juvenile offender; .. (L) special Institutional units or programs to provide IntensIve supervlalon and 

treatmellt for violent juvcnllc dt'lInqllcnt offenders: " 

(4) Sectlon 224(a) (10) Is aml'nded by striking the word "and" at the I'nd thlll'eof. 

(5) &~ct.1on 224(n) (11) Is amended by strIking the period nt, the Ilnd nnd insertIng ": o.nd" In lleu thereof, 

(6) Stctlon 224.(,a) Is fnrther amended by adding at t,he end thereot the following new paragraph: 

"(12) develop and implement programs designed to Increase the ability of the juvenUe justice systcm to gather Intormatlon on violent or serious juvenile crime, to assure due process In adjudicatIon. and to provide resources necessary for Informed disposi- tions of juvenile offenders," 

PART C-NATIONAL INSTITUTE FOR JUVENILE 

JUSTICE AND DELINQUENCY PaEVENTIoN 

SEC. 5, Title II, Part C of such Act Is 

amended as tollows: 

(1) Section, 243 ( 1) Is amended by InsertIng the word "applied" after the word "coordinate". 

(2) Sectton 243(5) Is amended by InsertIng the word "applied" after the words "private agencies, such". 

(3) Section 24.5 Is amended by striking the 

words "Associate AdmInistrator" and InsertIng the words "Deputy ASSOCiate Administrator for the National Institute for Juvendle 

Justice and Delinquency Prevention" In lIell 

thereof. 

cy Prevention, subject to the i'evlew and ap- proval of the AdminIstratIon, shall publish guidelines for the Implementation of this 

subsection." 

(3) Section 261 Is further amended by nddlng o.t the end thereof the following new subsect.!on: 

"(c) A reasonable amount of the total 

annual npproprlntlon under thIs tltlP. shall 

be nUocated and expended by the Administration for the purpose of planning and 1mplemonUllg jOint Interagency progmms and 

projccts Ruthorlzed \Uldei' Part A," 

SECTIONAL ,ANALYSIS 

Sect.lon 1 provides that the Act' may be 

cltlJd as the "Juvenile Justice Amendments 

of 1.980." 

Soctloll 2 amends Title I ot the Juvenile 

Justice and Delinquency Prevention Act of 

1974 to add additional findings and to 

modify two definitions. 

(1) Section 101(6) (4} Is amended to 

recognize that alcohol abuse Is an IncreasIng problem among juveniles. 

(2) Section 101 (a) Is further amended to 

add a congressional finding that the juvenUe justice system should, give additional 

attention to the problem of the serious JuvenUe offender. 

(3) Section 103(7) Is amcnded to list the 

Jurisdictions that qua.lIfy as "States" eligible for funding under the Act. 

(4) Section 103(12) 18 amended to drfine 

the term "J\wenUe detention or correctional 

facUlties," as this term Is uSl'd In Soctlor. 

223 (a) (12) (A) , In order to specify tha.t Juveniles who ha.ve not been charged with or adjudicated tor offenses that would be criminal It committed by an adult may not be 

placed In facUlties that are seoure or, 

whether secure or non-secure, are used for 

the lawful custody ot accused 01' convicted 

adult criminal offenders. 

Section 3 amends Title II, Part A ot the 

Juvenile Justice and Dellnquenoy Prevention Act ot 1974 In three waY3: 

(1) section 206(0) Is amended to provide that the Coordinating Council review and 

make recommendations on all Joint fundIng proposals undertaken by the Omce ot 

Juvenile Justice and Dellnquenoy Prevention with member agencies of the Council. 

(2) section 206(e) Is amended to require that the Chairman 0: the Council, with the 

approval of the CounCil, appoint a staff 

director, an assistant stalr director, and 

such additional staff support liS the ChairPART D-ADMINISTRATIVE PROVISIONS man eo.nslders necessary to oarry out thc 

SEC. 6. Title II, Part D of such Act Is Council's statut.ory functions. 

amended as follows: (3) Section 207(d) Is amenr.!Gd to specify (1) Tho first sentence of Section 261(a) Is that at least two appointees out of each 

amended to read as follows: group of seven appointees to the National 

"To carry out the purposes of this title Advisory Commltte'" for Juvenile Justice and 

there IF. authorized to be appropriated such Detlnquency Prevention shall be current sums as are necessary for each of the fiscal members of a State advisory group estabyears ending September 30, 1981, September llshed under the Act. 

30. 1982. September 30, 1983, and Septem- Section 4 amends Title Ii, Part B of the 

ber 30. 1984." Act through six lIeparate provision II related 

(2) Section 261(b) Is amended to read as to Federal assistance programll. 

tol1ows: (1) section 223(0.) (10) 111 amended to add 

"(b) In addltdon to the tunds approprl- to the list ot advanced technique program ated under section 261 (a) of the Juvenile areaa lUlder the formula grant program Justice and Delinquency Prevention Act ot those that Identify, adJudicate, and provide 

1974, the Administration shall maintain eltectlve Institutional and community-based 

trom the appropriation for the Law Enforce- treatment alternatives for the serious, vlo.-

ment Assistance Administration. other than lent, or chronic repeat juvenl1e olTender. 

tunds earmarked for research, evaluation (2) Section 223(a) (10) (A) Is amended to 

and statistics acUvltles, each fisco.lyel\r, at Include programa and services targeted to 

least 20' percent of the total appropriations the treatment and rehabilitation of serious 

tor the Adminlstra.tlon, for' juvenl1e de- Violent, or chronic repeat juvenile olTenders 

llnquency programs. The Administration to the listing of examples of advanced 

shell provide an adequate share of resf'arch, . technique community-based programs and 

evaluatlon and statistics tundlng for services. 

juvenl1e delinquency programs and actlv'- (3) 5eetlon 223(0.) (10) IJ; 'turtber amended 

ties and Is encouraged to provide tundlng by addlng three new IlUbparagraphs that give 

tor Juvenile delinquency programa over and further examplee of advanced technique above the 20 percent maintenance of elTort project o.ctlvltlee related to serloUII Juvenile 

minimum. The Associate Administrator of olTendel'll. 

the OIIlce of Juvenl1e Justice and Dellnquen- Sublparagraph (J) authorizes proJecte de20 

signed to Identify and work with crimInally Involved juvenUe gangs In order to chnnnel 

tholr energy to constructive and lawful 

oUtlets. 

Subpnragrnph (K) authorizes programs thM arc designed to Idcntlfy and foo\1s re- sources on the serious, violent, or chronic 

repea,t juvenile offender. 

Subparagraph, (L) au.thorlzes the funding of ~peclal Institutional units or programs 

to provide Intenslve supervision and treatment for vloltmt juvenile dellnquent offcnd. 

el'S, 

(4) Section 224(a) (10) Is the subject of a technical amcndment. 

(5) Scotlon :1I24:(a) (11) Is the subject of a tlx'hnlcaJ amendmcnt. 

(6) Section 224«(1,) lR further amended by addIng a new ,paragraph t'ho.t authorizes 

Spcl'lal Emphasis prevention and treatment 

funding for progmDl8 designed to Increase 

the ability of the Juvenile justice system to 

gather Information on violent or serious 

juvenile crlme, to assure due process In adJudication, and to provide addltlona.l re- sources necessary to make 111lformed disposi- tions of ju venUe oJfenders. 

Section 6 amends Title II, Part C of the 

Act through three amendments related to the 

National Institute tor Juvenile Justice and 

Dellnquenoy Prevention. 

(1) Section 243 (1) Is amended to llmlt the 

Ilcope of the Institute's resoo.rch authority 

to applied research Into all aspects Of juve- nile delinquency. Basic researo'h Into the causes of crime and delinquency will be 

conducted by the National Institute for Law 

Enforcement and criminal Justice or Its successor. (2) Section 243(5) is also amended to 

specify that studien prepared by the Institute with rfspeot to the prevention and 

treatment of juvenile delinquency shall be 

applied studies related to the development of 

effective programs and proJects. 

(3) Scctlon 245 Is amended to provide that the Instltute Advisory Committee directly advise the Deputy Associate AdminIstrator for the Institute. 

Section 6 amends Title II, Part D of the 

Act, Administrative Provisions, through three amendments to section 261. 

(1) Section 261 (a) Is amended to provide a four-year authorization with an appro- prlatlon level of such sums as are necessary 

tor each of fiscal years 1981, 1962, 1983 and 

1984. ' 

(2) Section 261(b) Is amended to provide for changes In the required maintenance 

of effort ot Crime Control Act funds for 

Juvenile delinquency programs. The re- quirement Is made applicable to all such 

funds except tunds earmarked for research, 

evaluation and statistics activities. These 

latter activities must receive an adequate share of available funds. Tho maiIltenance 

of effort levcl Is set at 20 percent and language added to encourage tile Administration to provide funding for Juvenlle delinquency programs over and above the 

minimum 20 percent level. GUidelines tor 

Implen\entatlon ot maintenance ot effort 

shall be formulated by the Associate Adml~­ Istrator of OJJDP and, tollowlng review and 

approval by the LEAA Administrator, pub- llshed In the Federal Register. 

(3) A new section 261(0) Is added to re- quire that a reasonable "mount of the total. 

annual appropriation under T!tle II &hall 

be allocated and expended for the purpose of planning and Implementing Jointly funded Interagency programs and proJects In accordance with the Joint fUlldlng au- thority provided under the Part A Concentratiun of Federal Efforts program .• 

TF..J(T OF S. 2441, AS INTRODUCED IN THE SENATE, 

A BILL TO AMEND THE JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION ACT OF 1974 (BAYH BILL) 

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96TH OONGRESS S 2441 2n SESSION 

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To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19 (legislative day, JANUARY 3), 1980 

Mr. BAYH introduced the following bill; which was read twiee and referred to the 

Oommittee on the Judiciary 

A BILL 

To amend the Juvenile Justice and Delinquency Prevention Act 

of 1974, and for other purposes. 

1 Be it enacted by the Senate and House of Repl'esenta2 tives of the United States of America in Congress assembled, 

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SHORT TITLE 

SEOTION 1. This Act shall be cited as the "Violent 

5 Juvenile Orime Oontrol Act of 1980". 

6 TITLE I-AMENDMENTS TO TITLE I OF THE JU7 VENILE JUSTIOE AND DELINQUENOY PRE8 VENTION AOT OF 1974 

9 SEO. 101. Section 101(a) of the Juvenile Justice and 

10 Delinquency Prevention Act of 1974 is amended23 

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(1) by striking out "and" immediately after the 

semicolon in paragtaph (6); 

(2) by striking out the period at the end of paragraph (7) and inserting a semicolon and "and"; and 

(3) by adding at the end thereof the following: 

6 "(8) the justice system shouE give additional at7 tention to violent crimes committed by juveniles, par8 ticularly to the areas of identification, apprehension, 

9 speedy adjudication, sentencing, and rehabilitation.". 

10 SEC. 102. (a) Paragraphs (4) and (5) of section 102 of 

11 that Act are repealed. 

12 (b) Section 103(7) of that Act is amended by inserting 

13· after "Pa:cific Islands" the following: "the Virgin Islands, 

14 Guam, American Samoa, the Commonwealth of the Northern 

15 Mariana Islands,". 

16 (c) Section 103(9) of that Act is amended by striking out 

17 "law enforcement" and inserting "juvenile justice". 

18 TITLE IT--AMENDMENTS TO TITLE IT OF THE JU19 VE~lLE JUSTICE AND DELINQUENCY PRE20 VENTION ACT OF 1974 

21 SEC. 201. (a) Section 201 of the Juvenile Justice and 

22 Delinquency Prevention Act of 1974 is amended to read as 

23 follows: 

24 "SEC. 201. (a) There is hereby established within the 

25 Department of Justice under the general authority of the Ad24 I 

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1 ministrator of the Law Enforcement Assistance Administra2 tion, the Office of Juvenile Justice and Delinquency Preven3 tion (referred to in this Act as the 'Office'). The Office shall 

4 be under the direction of an Administrator, who shall be 

5 nominated by the President by and with the advice and con6 sent of the Senate. The Administrator shall administer the 

7 provisions of this Act through the Office. The Administrator 

8 shall have final authority to award, administer, modify, 

9 extend, terminate, monitor, evaluate, reject, or deny all 

10 grants, cooperative agreements and contracts frt)m, and ap11 plications for, funds made available under this title. 

12 "(b) The Administrator may prescribe, in accordance 

13 with section 553 of title 5, United States Code, such rules 

14 and regulations as are necessary or appropriate to carry out 

15 the purposes of this title.". 

16 (b) Section "201(e)" of that Act is renumbered "201(c)" 

17 and amended by striking out "of the Law Enforcement As18 sistance Administration". 

19 (c) Section "201(f)" of that Act is renumbered "201(d)". 

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21 

(d) A new subsection "(e)" is added to read as follows: 

"(e) There shall be established in. the Office a Legal 

22 Advisor who shall be appointed by the Administrator whose 

23 function shall be to supervise and direct the Legal Advisor 

24 Unit whose responsibilities shall include legal policy develop25 ment, implementation, and dissemination and the coordina25 

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1 tion of such matters with all relevant departmental units. The 

2 Legal Advisor, when appmpriate, shall consult with the Law 

3 Enforcement Assistance Administration and the Office of 

4 Justice Assistance, Research, and Statistics on legal nonpol5 icy matters relating to the provisions of this Act.". 

6 (e) Section "201(g)" of that Act is renumbered "201(£)" 

7 and amended by striking out "-five" and inserting "-six". 

8 (£) A new subsection "(g)" is added to read as follows: 

9 "(g) The Administrator shall provide the United States 

10 Senate Oommittee on the Judiciary and the United States 

11 House of Representatives Oommittee on Education and 

12 Labor with a detailed evaluation of the Rahway Juvenile 

13 Awareness Project, the so-called 'Scared-Straight' program 

14 or other similar programs, no later than December 31, 

15 1980.". 

16 SEC. 202. (a) Section 204(b) of that Act is amended by 

17 striking out ", with the assistance of Associate Adminis18 trator,". 

19 (b) Section 204(g) of that Act is amended by striking out 

20 "Administration" and inserting "Office". 

21 SEC. 203. Section 208(d) of that Act is amended by 

22 striking out "Oorrections" and inserting "Justice". 

23 SEC. 204. (a) Section 222(a) of that Act is amended by 

24 striking the last "and" and inserting immediately after 

25 "Pacific Islands" the following: ", the Oommonwealth of the 

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1 Northern Mariana Islands, and any territory or possession of 

2 the United States,". 

3 (b) Section 222(b) of that Act is amended hy striking out 

4 "the Virgin Islands, American Samoa, Guam, and the Trust 

5 Territory of the Pacific Islands" and inserting "as defined in 

6 section 103(7),". 

7 SEC. 205. (a) Section 223(a) of that Act is amended to 

8 read as follows: 

9 "(a) In order to receive formula grants under this pat:t, a 

10 State' shall submit a plan for carrying out its purposes in 

11 accordance with regulations established under this title, such 

12 plan must-". 

13 (b) Section 223(a)(3)(iii) of that Act is amended by strik14 ing out "established pursuant to section 203(c) of the Omni15 bus Orime Oontrol and Safe Streets Act of 1968, as 

16 amended" . 

17 (c) Section 223(a)(3)(iv) of that Act is amended by strik18 ing out "section' 520(b) of the Omnibus Orime Oontrol and 

19 Safe Streets Act of 1968, as amended," and inserting "sec20 tion 1002 of the Justice System Improvement Act of 1979,". 

21 (d) Section 223(a) of that Act is amended by striking out 

22 the last sentence. 

23 (e) Section 223(c) of that Act is amended by striking out 

24 " , with the concurrence of the Associate Administrator,". 

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1 (f) Section 223(d) of that Act is amended by striking out 

2 ", in accordance with sections 509, 510, and 511 of title I of 

3 the Omnibus Crime Control and Safe Streets Act of 1968,". 

4 SEC. 206. The Juvenile Justice and Delinquency Pre5 vention Act of 1974 is amended by substituting "Priority 

6 Juvenile" for "Special Empha'sis" each time it appears. 

7 SEC. 207. Section 225(b) (5) and (6) of that Act· is 

8 amended by gtriking out "planning agency" and inserting 

9 "advisory group". 

10 SEC. 208. Section 225(b)(8) of that Act is amended by 

11 striking out "agency" the first time it appears and inserting 

12 "advisory group". 

13 SEC. 209. (a) Section 228(b) of that Act is amended by 

14 striking out "not funded by the Law Enforcement Assistance 

15 Administration," . 

16 (b) Section 228(g) of that Act is amended17 (1) by striking out "part" and inserting "title"; 

18 and 

19 (2) by striking out "or will become available by 

20 virtue of the application of the provisions of section 

21 509 of the Omnibus Crime Control and Safe Streets 

22 Act of 1968, as amended". 

23 SEC. 210. Section 241(c) of that Act is amended by 

24 striking out "Law Enforcement and Criminal". 

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1 SEC. 211. (a) Section 261(a) of that Act is amended to 

2 read as follows: 

3 "(a) To carry out the purposes of this title there is au4 thorized to be appropriated $200,000,000 for each of the 

5 fiscal years ending September 30, 1981, 1982, and 1983, 

6 and $225,000,000 for each of the fiscal years ending Sep7 tember 30, 1984, and 1985. Appropriated funds not obligat8 ed by the end of each fiscal year, shall revert to the Secre9 tary for the purposes of Title ill, no later than January 1, of 

10 the subsequent fiscal year.". 

11 (b) Section 261(b) of that Act as amended by section 

12 1002 of the Justice System Improvement Act of 1979 is 

13 amended by striking all after the last "appropriations" and 

14 inserting, "under the Justice System Improvement Act of 

15 1979, for programs aimed to curb violent crimes committed 

16 by juveniles, namely, murder, forcible rape, robbery, ag~ra17 vated assault, and arson involving bodily harm, particularly 

18 to the areas of identification, apprehension, speedy adjudica19 tion, sentencing, and rehabilitation. Implementation, includ20 ing guidelines, of this subsection shall be the responsibility of 

21 the Administrator of the Office.". 

22 SEC. 212. Section 262 of that Act is amended to read 

23 as follows: 

24 "SEC. 262. Of the approprit,tion for the Office under 

25 this Act, there shall be allocated an adequate amount for 

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1 administrative expenses other than those support services 

2 performed for the Office by the Office of Justice Assistance, 

3 Research, and Statistics.". 

4 SEC. 213. Section 263 (a), (b), and (c) of that Act are 

5 amended to read as follows: 

6 "SEC. 263. The amendments made by the Violent Ju7 venile Crime Control Act of 1980 shall take effect upon 

8 enactment. ". 

9 

10 

TITLE III-AMENDMENTS TO THE RUNAWAY 

YOUTH ACT 

11 SEC. 301. Amend the caption "TITLE III12 RUNAWAY YOUTH" by inserting "AND HOMELESS" 

13 immediately after "RUNAWAY". 

14 SEC. 302. (a) Section 301 of the Juvenile Justice and 

15 Delinquency Prevention Act of 1974 is amended by insetting 

16 "and Homeless" immediately after IIRunaway,". 

17 SEC. 303. (a) Section 302(1) of that Act is amended by 

18 adding Hor who are otherw~se homeless" after "permission". 

19 (b) Section 302(2) of that Act is amended by adding 

20 Hand homeless" after "runaway". 

21 SEC. 304. (a) Section 311 of that Act is amended by 

22 inserting H(a)" immediately after "SEC. 311'.". 

23 (b) Section 311 of that Act is amended by adding ,at the 

24 end thereof the following: 

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1 "(b) The Secretary is authorized to make grants for the 

2 purposes of providing a national telephone communications 

3 system to link runaway and homeless youths with their fami4 lies and with service providers.". 

5 SEC. 305. (a) Section 312(a) of that Act is amended by 

6 striking the period and inserting "or who are otherwise 

7 homeless.". 

8 (b) Section 312(b)(5) of that Act is ameniled by inserting 

9 "and homeless" after "runaway" the first time it appears. 

10 SEC. 306. Section 315(1) of that Act is amended by 

11 adding Iland homeless" after "runaway". 

12 SEC. 307. (a) Section 341(a) of that Act is amended to 

13 read as follows: 

14 I'(a) To carry out the purposes of parli A of this title 

15 there is authorized to be appropriated $25,000,000 for each 

16 of the fiscal years ending September 30, 1981, 1982, and 

17 1983, and $30,000,000 for each of the fiscal years ending 

18 September 30, 1984 and 1985.". 

19 (b) Section 341(b) is amended by striking "Omnibus 

20 Crime Control and Safe Streets Act of 1968, as amended." 

21 and inserting "Justice System Improvement Act of 1979.". 

22 TITLE IV-MISCELLANEOUS CONFORMING 

23 AMENDMENTS 

24 SEC. 401. Section 5316 of title 5, United States Code, 

25 is amended by striking out "Associate Administrator, Office 

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1 of Juvenile Justice .and Delinquency Prevention" and insert2 ing ((Administrator, Office of Juvenile Justice and DeHn3 quency Prevention,". 

4 SEC. 402. Section 4351(b) of title 18, United States 

5 Code, is amended by striking out IlAssociate". 

6 SEC. 403. Section 1002 of the Justice System Improve7 ment Act of 1979 is amended by striking out all that appears 

8 after Iltitle" and inserting the following: Ilfor programs aimed 

9 to curb violent crimes committed by juveniles, name(y, 

10 murder, forcible rape, robbery, aggravated assault, and arson 

11 involving bodily harm, particularly to the areas of identifica12 tion, apprehension, speedy adjudication, sentenGing and 

13 rehabilitation.". 

14 SEC. 404. (a) The Juvenile Justice and Delinquency 

15 Prevention Act of 1974 is amended by striking out IlAsso16 ciate" each time it appears. 

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TEXT OF S. 2442, AS ImRODUCED IN THE SENATE, 

A BILL '.ID AMEND THE JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION ACT OF 1974 (Art1INISTRATION BILL) 

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II 

96TH OONGRESS S 2442 

2D SESSION • 

To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19 (legislative day, JANUARY 3), 1980 

Mr. BAYH (lIY request) introduced the following bili, which was read twice and 

referred to the Oommittee on the Judiciary 

A BILL 

To amend the Juvenile Justice and Delinquency Prevention Act 

of 1974, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That this Act may be cited as the "Juvenile Justice Amend4 ments of 1980". 

5 SEO. 2. Title I of the Juvenile Justice and Delinquency 

6 Prevention Act of 1974 is amended as follows: 

7 (1) Section 101(a)(4) is amended by inserting the 

8 words "alcohol and" after the word "abuse" and 

9 before the word j, drugs" . 

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(2) Section 101(a) is further amended by striking 

out the word "and" at the end of paragraph (6), by 

striking out the ,period at the end of paragraph (7) and 

inserting "; and" in lieu thereof, and by adding at the 

end thereof the following new paragraph: 

"(8) the juvenile justice system should give additional attention to the problem of the serious juvenile 

offender, particularly in the areas of apprehension, 

identification, speedy adjudication, sentencing and rehabilitation. " . 

(3) Section 103(7) is amended to read as follows: 

"(7) the term "State" means any State of the 

United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 

American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana 

Islands;" . 

(4) Section 103(12) is amended to read as follows~ 

"(12) the term "juvenile detention or cort:ectional 

facilities" means any secure public or private facility 

used for the lawful custody of accused or adjudicated 

juvenile offenders or nonoffenders or any public or private facility, secure or nonsecure, which is also used 

for the lawful custody of accused or convicted adult 

criminal offenders; and". 

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PART A-JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION OFFICE 

SEC. 3. Title II, part A of such Act is amended as 

4 follows: 

5 (1) Section 206(c) is amended' by inserting at the 

6 end thereof the following new sentence: "The Council 

7 shall review and make recommendations on all joint 

8 funding efforts undertaken by the Office of Juvenile 

9 Justice and Delinqu~ncy Prevention with member 

10 agencies of the CounciL". 

11 (2) Section 206(e) is amended to read as follows: 

12 "(e) The Chairman of the Council shall, with the ap13 proval of the Council, appoint a staff director, an assistant 

14 staff director, and such additional staff support as the Chair15 man considers necessary to carry out the functions of the 

16 Council. " . 

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(3) Section 207(d) is amended by inserting after 

the second sentence thereof the following new sentence: "Each group of appointments for four-year 

terms shall include at least two appointees who are 

members of a State advisory group established pursuant to section 223(a)(3) of this Act.". 

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1 PART B-FEDERAI; ASSISTANCE FOR STA'rE AND LOCAL 

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PROGRAMS 

SEC. 4. Title II, part B of such Act is amended as 

4 follows: 

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(1) Section 223(a)(10) is amended by striking the 

word "and" before the words "to establish and adopt", 

and by inserting aft.er "juvenile justice standards" the 

following words: ", and to identify, adjudicate, and 

provide effective institutional and community-base~ , 

treatment alternatives for the serious, violent, or 

chronic repeat juvenile offender". 

(2) Section 223(a)(10)(A) is amended by inserting 

after "rehabilitative service" the following: "including 

programs and services targeted to the treatment and 

rehabilitation of serious, violent, or chronic repeat juvenile offenders.". 

(3) Section 223(a)(10) is further amended by 

adding at the end thereof the following new subparagraphs: 

"(J) projects designed to identify and work 

with criminally involved juvenile gangs in order to 

channel their energy to constructive and lawful 

outlets; 

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"(K) programs designed to identify and focus 

resources upon the serious violent, or chronic 

repeat juvenile offender; 

"(L) special institutional units or programs to 

provide intensive supervision and treatment for 

violent juvenile delinquent offenders;". 

(4) Section 224(a)(10) is amended by striking the 

word "and" at the end thereof. 

(5) Section 224(a)(11) is amended by striking the 

period at the end and inserting "; and" in lieu thereof. 

(6) Section 224(a) is further amended by adding at 

the end thereof the following new paragraph: 

"(12) develop and implement programs designed 

to increase the ability of the juvenile justice system to 

gather information on violent or serious juvenile crime, 

to assure due process in adjudication, and to provide 

resources necessary for informed dispositions of juvenile offenders.". 

PART O-NATIONAL INSTITUTE FOR JUVENILE JUSTICE 

AND DELINQUENCY PREVENTION 

SEC. 5. Title II, part 0 of such Act is amended as fol22 lows: 

23 (1) Section 243(1) is amended by inserting the 

24 word j'applied" after the word "coordinate". 

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(2) Section 243(5) IS amended by inserting the 

word "applied" after the words "private agencies, 

such". 

(3) Section 215 is amended by striking the words 

"Associate Administrator" and inserting the words 

"Deputy Associate Administrator for the National Institute for Juvenile Justice and Delinquency Prevention" in lieu thereof. 

PART D-ADMINISTRATIVE PROVISIONS 

SEC. 6. Title il, part D of such Act is amended as 

11 follows: 

12 (1) The first sentence of section 261(a) is amended 

13 to read as follows: "To carry out the purposes of this 

14 title there is authorized to be appropriated such sums 

15 as are necessary for each of the fiscal years ending 

16 September 30, 1981, September 30, 1982, September 

17 30, 1983, and September 30, 1984.". 

18 (2) Section 261(b) is amended to read as follows: 

19 "(b) In addition to the funds appropriated under section 

20 261(a) of the Juvenile Justice and Delinquency Prevention 

21 Act of 1974, the Administration shall maintain from the ap22 propriation for the Law Enforcement Assistance Admini~tra23 tion, other than funds earmarked for research, evaluation, 

24 and statistics activities, each fiscal year, at least 20 per 

25 centum of the total appropriations for the Administration, for 

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1 juvenile delinquency programs. The Administration shall pro2 vide an adequate share of research, evaluation, and statistics 

3 funding for' juvenile delinquency programs and activities and 

4 is encouraged to provide funding for juvenile delinquency pro5 grams over and above the 20 per centum maintenance of 

6 effort minimum. The Associate Administrator of the Office of 

7 Juvenile Justice and Delinquency Prevention, subject to the 

8 review and approval of the Administration, shall publish 

9 guidelines for the implementation of this subsection.". 

10 (3) Section 261 is further amended by adding at 

11 the end thereof the following new subsection: 

12 "(c) A reasonable amount of the total annual appropri13 ation under this title shall be allocated and expended by the 

14 Administration for the purpose of planning and implementing 

15 joint interagency programs and projects authorized under 

16 part A.". 

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SENA'IE COMMITrEE REPORT NO. 96-705 ON 

S. 2441, CCMMI'I'I'EE ON THE JUDICIARY, MAY 14, 1980 

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Calendar No. 756 

96TH CONORESS } 

2d Se88i()l/~ SENATE { n~l'Olt'l' 

:-; 0, lHJ-iO;; 

JUVENILE JUSrrICE AX D Dl~J..,INQUENCY 

PREVENTION ACT AMENDMEN'rs OF 1980 

RWPOn'l' 

UOl\DU'r'r.Km ON 'jlHlij .J UJHOIAHY 

UNrl'ED STATES SENATE 

H. 2441 

~r.\Y 14 (ic.>ldl>lllltl\'(· lin,\'. ,'.\~I·,\It" !II. 1\JfHl.--Ol'd(·I'(I(1 to lil' 1I1'IIItl.'d 

81-1112 () 

U,H, <Hl\'IolIt~~n:~'I' lilt I~'I'I~C; (WI,'WI': 

\\·.\),lIII~O'I'()~ : 1080 

*(Stal' print) 

Preceding page blank 

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('; 

II 
" 

CmIMITTFlI~ ON TIHl ,Jt!J)JCIARY 

[!l6th COlIgr~~KI 

I~DW'\Hl) :\1, In~:\:\I~\)Y, :\rIlS~I\('IIlI~I'tt~, ('l1li/"/111111 

HIItCI! BAYU. 11111111110 

ROBEIt'£ C, BY ltD. WI'~t Vlrglllhl 

JOSEPH It, HU)EN. ,Til" Deluwure 

,TOHN C, CUI.Vmt, Iown 

HOW AIm lit. lIE'l'ZE:-iUAUlI. Ohio 

DBNNIS DECO:-iClNI. Arizollll 

PATRICK J, r,EAllY. "ermout 

lIlAX BAUCUS. !'tlolltnllil 

HOWELL IIEl~LIN. Aillblllllll 

STltOM 'l'UUIt:\IOND, South Gurollllll 

f'UAltLI-)S :lIce, :11'\'1'111.\8. ,In .. :llnr,I'lllIHI 

PAUL I,AXAr:l" :-i~I"Hln 

OltltlN 0, 1JA1~CII. utnh 

IWlll~lt'l' J)OLJol. KnllHoK 

'I'HAn COCIUUN. :llIsHI~sIJlI)1 

,U.AN K, SIlIIl'SO:\. Wyomlll~ 

STtll'Ul:S Ullllrtlll, Clilel CoulINcl 

,\\',\ ,\UIl'\)lOWl'I'X. 1"'lJleH~/fljllll SIIID ,UIlIIlbc,' 

}'))IOII\' fo\:>m:lltlS, ,1[/l/o,'/Iy 011/(', ('ollll~cl 

HUDCOMMl'l'TE~: ON 'l'IU: CO:-lIi'UTU'l'ION 

UIItcII UA YH. IIIIIIIIUII, (JIlnh'lIIali 

HOWARD III, ME'l'ZENIJAU!\I, Ohio 

DENNIS J)ECONCINI. Arizollll 

HOWELL HEFLIN. AlnlJUllIn 

OltiUN G, IIA'I'CIl, tJtllh 

STItOll 'JHtlltMO:-iD, Soulh Cnrullull 

,U.AN 1\, SUIl'SON, Wyomlug 

1'llI'IN 0, 1''.\Ll:'', Vllie( ('flIIIIH('1 III/II B.rc('utlI!C IJ/reclo,' 

:lI,IIIY K, JOI,I.Y. 1'11110 II/rcc/o,' 11111/ VOlIlIBcl 

'1'11031,\8 1',\1111\', ,1/11/0"/1/1 ('II/cl ('olllllel 

(II) 

46 

CONTENTS 

~ommlttee mpendmenL _____________________________________________ _ 

r.::rrYs~i of amendmenL _____________________________________________ _ g ~ a ~n considered by the commlttee _______________________________ _ ena or Dole's proposal, S, 2434 _________________ ~ ________________ _ Senator Bayh's proposnl, S, 2441-________________________________ _ 

Cnrter administrntion proposnl, S. 2442 ___________________________ _ 

~:~~f:s~~ion of_committee nmendmenL _______________________________ _ 

~ost I e~tlmn n --- te _____________________________ ------------------------------------------------------ ., _________________________ _ C egu ~ try iIllTJncL _______________________ ., _______________________ ---- S omm t ee actlon _________________________________________________ --- ection-by-section nnalysls ___________________________________________ _ Cbanges in existing -law _____________________________________________ _ 

(III) 

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Calendar No. 756 

96TH CONGRESS 

~(l 8e,~8lon } SENA'l'E { REl'OR'l' 

No, !l6-7' Oil 

'====-. 

.JUVENIT~E .JUSTIOE AND J)ELIN(~UliJNCY PRliJVEXTION 

ACT AMEND1\IEN'l'S OF l!lHO 

:\IAY 14 (l(>J.(IHllltl\'l' Illl~', ,J.\:":l'Alty :II, 1USO.-()l'lll'I'p(\ to hl' lll'int(lll 

:Mr, BAYII. frol11 tIl(' COllunittl'e on t.hl' .Judiciary, 

fmbmit.t('d tIw following' 

REPOR']~ 

[To accompany S. 2441] 

The Committee on the .rudicinry, to which WIlH "l'fN'l'(>d the bill 

(S, 2441) to amend the Juvenile .Justice l~nd Dcli!\(lllt'I\l'Y Pl'l'\'cntion 

Act of 1974, and for other purposes, hnvmg consHlel'cd tIl(' Rnnw, l'(~. 

ports favorably thcl'l'on with an an1l'nc1ment in the nlltlll'C of a snbRti· 

tute, and recommends that, the bill as amended do pass. 

COl\[1\[lT'n:}l AMF1ND1\HJN'1' 

Strike out all after thl' cnacting clause Itud insert in !il'U thcreof the 

following: SHORT TITLE 

SECTION I, This Act shall be cited as the ".Tuvenlle ,Tustice and D(llinlJllency 

Prevention Act Anlendments of 1980". 

TITLE I-AMENDMENTS TO 'l'ITLE I OF THE JUVENILB .TUS'L'JCI~ ANll 

DELINQUENOY. PREVENTION AOT QIt' 1974 

SEO. 101. Section 101(a) of the Juvenile Justice and DeUnquenry Prevention 

Act of 19741s amended-

(1) by striking out "and" immediately after the semicolon in paragraph 

(6) i 

(2) by striking out the period at till' end of paragraph (7) and Inserting 

n semicolon amI "and" j nnd 

(3) by adding at the end thereof the fol\owing: 

"(8) the justice system should give additional attention to violent (!rimes 

committed by juveniles, particularly to the areas of identification, tlppre· 

hension, speedy adjudication, sentencing, and rehabllltation.", 

SEO, 102, (a) Paragraph u of section 103 of that Act is· amended to read as 

follows: 

"(G) the term "Administrator" means the agency head designated by section 

201(a) of the Juvenill! Justice and Delinquency Prevention Act of 197'.1, as 

amended i" 

(1) 

48 

. , . " 

2 

th (iI) Seetion 103(7) of Ihut Act Is umended by illsertlng nfter "Pu('llie Islands" etlfO~?Wlng: ''the \'\rJ.(ln Islllll(ll'!, UUOIll, Amerlcun SUIIlOU, til(' ('omlllonweultil o Ie .,00·thel'n :\{nl'!tulIlIslunds,". . 

(ICI) H(lctlloll 103 (H) of thut .\ct is umended by !:Itrlidng out "lllw enforcement" 11Ilt IIsert lilt "jll\'f!nll\' jllstic'e·'. 

I (li) IHectloll 1.03 ( 1) or tllnt Ad. Iii Illu(lnded by Insl'I'tlllJ.( "H)Jl'!'hll e(lllcutiunlll" IIlIIlNI nteb' iI('IOl'l' ""o('nt 1011111", ' 

(el) ~l'<:tl()n loa ( I:.!) 01' thllt .\l'I'iH II II It'l III NI In' lltl'lldllA' Ollt "IIIHI" illlllH.'dlllteh' 

nflt'!' thl' s(,JIl\('ololl. . , 

(fl HrclionlO:ln:{) of Ihllt Apt IH 1l1I1(>1Hlll(l-

(1) h~' IIISl'I'tlll~ "HIH'l'llIl I'l\t\('lItlolllll." hlllllt'Cliateh' iI('fo!'e "Hoc'llIl'" nlld 

(:.!) !'~' HtI'!i,hlA' Hilt Ill(> IJ(!I'iod Ill' tile 1.'1111 II1(11'enf 11II(1 1m.ll1;·tlllA' ll: lieu th~l'l'of a 141'1111('01011 Ilnd ·'HIHI". . 

(g) Hl!<:ti()11 lOa 01' 1'1111 I' Ad IH 1I1Ill'IHlt'l1 h~' lllilllllg lit till.' end therl.'of the 

folloll'inl,: : ' 

"(14) '1'lIe tN'1II 'hulId!t'HppluA' ('()lI(litimui' IIIl'lInH thl' rOllliltionH (l(lscrlbeli In 

the clelilllti()11 of lilt' t!'l'm 'IIHII(\lcIlI111(>(1 l'hlith'PlI' ill sel·tioll U02 (1) of the Ecll1t'11' 

tlon of the 1I11II(lirlllll)(>(I.\l't (:.!() ('.H.('. 1.J0l ). ... 

'l'l'.l'U·) lI-A~lNNl):\mN'I'H '1'0 Tl'nl~ II OF 'l'BI~ ,J{)YNNJUiJ .TUSTICJ·] 

Ai'\J) DNJJli'\Qnl~i'\(~Y PRJ~VJ~N'l'IO~~ A()~' OIl' 10i4 

SEO, :.!O1. (a) Section 201 of tile ,Tuvenlle .Tustice IIncI Delinquency l)re\'ention 

Act of 107.J iii IllllCllt1eli 1'0 reudllH follows: "S.:(,~. 201. (a) ~'Ill'1'1' hi herehy ~stabllshecl within the Deportment of .Justice 

lIlllIer tlln gen(»'nlllllthority of tll(1 AcImlnlstrutol' of the Law .Enforcement Assist· unce Admlllil'ltlrtltioll, the 01fll'll of .JI1Vellt:e .Justlce Ilnd D(llIlIquenc~' l're,'enUon 

(rl.'ferrec\ 10 in (1I1:-t .\ct II!:! thn 'Ottlce'), ~'he Oflice shall be unlie!' till' dh'ectlon 

of lUI A(Imlni:-ttl'lltor, who shull be nomlnatl.'d by the l)re!:!hlent bl' lind with the 

Illlvice III1tI l'OIIHt'nt of tll() Sl'nllte. '1'he Administrator shalllldminister the provl· 

slons of this Act Hn'ol1A'h tile OlHe'll. ~'he Aliminlstrator sllalllul\'c tlnal authority 

to awur(l, IIdminlster, modify, extelld, terminate, monitor, evulullte, reject, or deny 

all grants, cooperath'e agreements lind contracts from, und uppllcations for, funds 

made Il \'Ullahle IInder this title. _ "(bl ',f!IC Atll~llnlstl'utol' lIlUY IlrescriLJe, in accordance with section GG3 of title G, 

t;nit('( . ·te3 <":0(11), slll'h rules andregu:lltions liS nre necessary or appropriate to 

carry" :,Ie 1l1ll'lloseH of thl!; title,". 

(b) Section "201 (e) 0' of that Act is renumbered "201 (c)" IIn(l amended h~' 

striking oul: "of thl' Law I~lIfol'<.'ement Assistance Administration". 

(c) Section ":.!1I1(f) " of thnt Act is rellumuel'ed "201«(1)", 

(d) A new HuhHectiou "( e)" Is Illll1ed to l't'adas fol1oWR: 

"(e) There Hhall hl' estubllslwd iu the Office n Ll'gal Advisor \\'ho shall be uIIpoluted hy the Alllllinistratnr whose functiou Ilhllll be to sUllel"'I~e 1\11(1 dlrt'ct 

the I,eglll Al!\'lsOl' l'nlt \\'hose responslbllltiN! sh\~ll Includl1 1l'J.(ul polllw de· 

velopm(lnt, Implellll.'1Itation, and dissemination and the coordination .,e such 

mutH'rs \\'Ith 1111 l'l.'h'\'Illlt ll(llJllrtmental \lIllts, The Ll.'gnl Ad,'lsor, \\'h('11 np· 

llrOllrlute, Ilhnll l'OIUiIIlt with thl' Law Flnforcl.'ment AHsiRtnnce Allmlnl:<tl'llthm 

allll till' Offil'l' of ,Justice As~lstancl', Research, and Statistics ou leglll UOlll)()lI('y 

mottel'H relnting to the Ill'O"islons of this Act,". ' 

«(I) Sel'Uon "201(g)" of that Act Is renumbered "201(f)" lind IlIneud(ld by 

I!!trlklng out "·lh'l.''' uull hlHertlug "·six", 

(f) New I!!lIh~I'ctlOllH "(g)" alll1 "(h)" ore ndd(ld to read as follows: .. (g) Till' At!mlnlstrntm' shull Ilrovide the Uulted State-s Senote CommitIeI' on the .TI\(lIc1ar~' lIu(l tile {'lilted StateH HOUSl' of Rl'llrl.'Selltath'l.'fl Committee (III Edl1l'ntioll nnd Lnbor. with n detailed evallllltion of the Unhwal' ,J\l\'elllle 

Awal'(,IIl'SS l'roj(>ct, till' so,culled 'Scarell·Stralght' llrogrllll\ 01' other simllm' Ilro, 

Itrllmfl, no lat(ll' tIlIln JUlie 30, 1981", 

"(II) ~'h(> Alhlllnl~trator, In ('()ol)(lratlon with the Dlrertor of till' Hureou of 

Imllan Atl'oh'~. shll11 cOllduct a study of juvenlll' justice and 1lI'IIIIqul.'lIl'\' 111'1" 

\'l'nUoll \lolil'iI'H. 1l!'<lgI'amH, und practices uffl'l'ting'nnti\,(1 AmeriCllns IlIHl Rholl 

rellort 011 till' 1'1.'l'lults of thllt stully to the lTnlted Stutl'fl Rl'nate Comlllltt(ll' 011 

the ,JUl1ldlllT lint! the United Stutl'S BouRe of R('preiil'noti\'es ('ollllulttl'l.' 011 

.Education oml IJnbol' no later than December 31, 1981, Such report shull con- tlliu rl'

('Olllllll'lIdntlouH l'('gor(lIng actionH 'which Rhoull1 hl' tlll;;('u, InrhHlIn~ illiggl'l-Itet1 l(lglslaUou. alld sholl addrl'ss. at a minimum, the nnhll'l' nncl Ilualit~' of 

ju\'enlll' llrogl'lIm~ on Indian reservations, the hllIlllct of Il'(>(lernl Go\'('rnlll('nt 

49 

tr..-_________________ --...:-......J....-_--.:....-_________________ ~_~ ___ _ 

, ,f 

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ii' 

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activities on such l)rogrums, thl' c()nsistellt·~· of ongoing l'fforts with thl' oujec. 

t!ves of the .Tuvenile .Justice and Delinquency Prevention Act and the juvenile 

Justice l'elationsllil)S lJetween Indian tl'iUl'S lind contiguol~~ units ot local government." . 

SEC .. ~O~. (a) Section 204(h) of that Act is amended uy striking out" with 

the IU!Slstance of Associate Administrator ". ' 

(~) Hection 204(1!) of that Act is alll~nded uy striking out "Administration" 

lind 111sl'rting "Offil!Ii'" 

SEC. 203. Section 207 (c) of that Act is amended hy inserting "and other handicapping cOl1d~tions" immediately lifter "Ieaming disabilities" 

SEa. 204. Section 208 (d) of that Act is amended uy strild~g out "Corrections" 

and inserting ".Justice". 

SEc.20u. (a) Section 222(a) of tha·t Act is amended uy striking the last "and" 

and inserting immedlatdy after "J!acilic Islands" the following: " the Uommonwealth of the Nurtht!rn Mariana Islands, and any territory or' 1I0ss!!ssion 

of the United States,". 

(b) Section 22~ (II) of that Act is amended by striking out "the Virgin Islands 

An1l'rican Hamoa, Guam, and the 'I'rust Territory of the Pacific Islands" and 

inserting "as defined in section 103(7),". 

SEC. 206. (a) Section ~3(a) of that Act is amended to read as follows' 

"(a) In order to receive formula grants uuder this part, a State sh~ll subl!lit a plan for carrying out its purposes in accordance with regulatiolls estauhshed under this title, such plan must-". 

. (b) Section 223(a) (3) (iii) of that Act is amended by striking out "estab. 

hshell pursuant to t;ection 203 (c) of the Ol11nibut! Crime Control anll Sate Streets 

Act of 1068, as amended". . 

_ «.) Hl'('tioll 22:!{a) (3) (iv) of thut Act is ;l1l1ended by striking out "section 

,)20(b) of the Onllliuus Crime Control and Safe Streets Act of 1968 as amended" 

ml(lltllwl'tlng "section 100~ of the Omnibus Crime Control I1nd Su're Streets A~t of 1068, as amended,". 

. (d) Sedio1l223(1l) (3) (B) of that Act is amended by inserting "special educatiOn," immediately hl'forl' "or yonth Herv.ices depurtments". ( e) Section !.l23 ( Il) (3) (U) of t'ha t Act is amended-

(1) h~·l.ll~l'l·ting "~pel'illl ell\1('ation" imllle(Untl'ly bl'fol'l' "01' social services 

for ehU!ll'ell"; Hud 

f~) .hy iUNl'I·ti!lg "allli other handlc'Ulllliug ('oudltions" iuune<liateh' lifter "ll'lu'nllll\' lliN/lhilltle~". . 

(C) Section 223(n) (1U) of that Act is amended uy striking out "mentally re- turded and l'lIIotionally or l.hysicully". 

(g) Hpl'liou ~~3 (II) of that Act is lunended by striking out the last sentence 

(h) Section ~:!3(c) of that Act is Ilmended. by stl'iking out ", with the concur: renCl' ()f the ASHoeiate Adminil.trator,'·. 

(1) Section ~;;!a(II) of thH't Act is amended by striking out" in accordance with 

sections 500, lilO, ·anll 511 of title I of the OmnilJus CrilU~ Control and Safe 

::ltreets Act. of 1008,". 

SEC. ~07. Hecticm ~24(u) 111) of thllt Act iH amended by inserting "and other 

hllndiculll.ing t'O!lditions" imllll'diately actel' "learning dhmuilities" H~;(l. :!OH. The .~u\'ell11e Justice Ilml Delinquency Prevention Act of 1974 is 

amendl'!l hy snhHtl tuting "l'l'iority Juvenile" for "Special Emllhasls" each time it appea rs. 

S.X1, :WU. Hec·tiOll 2!.lu(u) (li) and (0) of that Act is amended by striking out 

"plunning agell(!~'" anel inserting "uch'isory group". 

H~:(' .. !.!1(). H~ction 22:;(11) (~) of that Act is amended by striking out "agency" th~ ~rs~) !lUll' It all!,ell rs Ill.l~llllsertll1g "'qd"if;ory group". 

Sf.C. _11. (Il) ~el!tion 221-i(h) of thnt Act is umended by :c;triIdng out "not 

fuulled hy the I,IlW Eufon'ement Asslstunce Administration " 

(b) Sl'ctlon 228 (g) of thll.t Act is fimended- ' . 

(1) hy striking ollt "PIlI't:" find inserting "title'" and 

(2) hy stri~il1g out "or will bl'('ome aynllnhie 'by virtue of the application 

Cl.f the )lrovislOns {)f sect Ion ,,00 of the Omnibus Crime ('ontrol aud Safe 

Htreehol Act' of WIlH. us Ilull'ndell". 

Ht:t'. :!1~. Hl'l·ticlll Ul«') of tllM .\t't is ul11l'nded by strildng out "Law Enfo lUl'nt liud ('rimillnl". rce· 

. (h) ,,~l'l·ti(lll. !!-Il f cl) (If thnt .\c·t I~ nllll'll{led uy inserting "and special cd _ honnl llullle<ilntl'ly nfh'l' "othl!l' eduClltiOllUI". uca 

50 

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SEC. 213. (a) Section 201(a) of thnt .\('t; is Ilmended to rend. as follows: .. ,(a) To carry out the purposes of this title there is authori:'.ec} tu III' IIppropriated $150,OO(),000 for each of the flf:C"al renrs l'nlllng Sl'Iltelllher ao. 1f).'11 nncI 

1982, $175,000,000 for the liscal year ending September 30, 1083, and $200,000.000 

for each of the fiscal ~'ears e1lC1ing Heptemher ao. J!)S-I uncI 1I1S:;. Ap)lrOprintNI 

fUll(ls 1101, ohllgllted hy ·tlle t'nd of each tiseal yellr, shull bE' allocat(~cl directly to the 

States pllrticipatlng in tht~ Act on t.he basis of relative l'oIJIIlation of people under 

age eighteen for the IJllrpOHe of implellll'llting sl'ciioll :.!:.!a(a) (13), no later than 

.Tanuary 1. of the subsequent fi!ll'al year.". 

(b) Section !.l61 (b) of thut Act is amended to read ns follows: 

"( b) In addition to the funds appropriated under section 261 (,a I of the ,1 \lyenile Justice and DelinQuency Pi'~vention Act of lOU, there shall be maintained 

from appropriations for each fiscal year, at least 10.15 per centum of the total 

appropriations under Title I of the Omnibus Crime ('ontrol and Safe Streets Act 

of 1968. for juvenile dellnC)uenc~' progrllnul, with emphasis on l)rograms aimed to 

curb violent crimes committed by jUveniles, nnmel~', lUurder, forcible rape, robbery, aggravated assault, and arson involving uodlly harm, particularly to thE' areas of Identification, apprehension, speed~' adjudication, sentenl'ing .and re- habilitation. This subsection shall be waived when the totul upprollriations for 

each fiscal year under Title I of the Omnibus Crime Control and Snfe Streets Act 

of 1968 do not exceed $150,000,000. Implementation. inl'iUlling guidelines. of this 

subsection shall be the responsibility of the Administl"lltor of the Office.". 

SEC. 214. Sec·tion 202 of thnt Al't Is unll'nc1ctl to read as follows: 

"SEC. 262. Of the IIPllrolll'lntioll for thp OtJil't' undE'l' thi~ .\('t, thl'l'l' ~han 'hl' 

allocated an adequate amount for administrative expenses other than those 

support services performed for the Office by the Office of Justice Assistance, Resenrch, and Statistics.", 

SEO. 2lii. Section 263 (a), (b), und (c) of thut Act are amended to read ns follows: 

"SEC. 263. The amendment.'! made by the Juvenile Justice and Delinquency Pre\'ention Act Amendments of 1080 shall take effect ullon enuetml'lIt. ... 

'!'ITLE III-AMENDMENTS TO THE RUNAWAY YOUTH ACT 

SEC. 301. Amend the caption "TITLE III-RUNAWAY YOUTH" by inserting "AND HOMELESS" immediately after "RUNAWAY". . SEC. 302. ~et'tlon HOI of thl' :TuYtmill' .TustiN' ulllI J)ellllC)uellC'~' I'I'Hention ,\(·t 

of 1974 is amended by Inserting "and Homeless" in\lllec1lutel~' nftE'l' "Runnwa~·.". 

SEC. :l03. (a) Section 302(1) of that Act is amended uy ndding "or who Ilre 

otherwise homeless" after "permission". 

(b) Section 302(2) of that Act is amended by adding "uml hOlllelel's" lifter 

"runaway". 

SEO. 304. (a) Section 311 of ·that Act Is amended by inserting" (a)" immediately after "SEC. 311.". 

(b) Section 311 of that Act is amended by adding at the end thereof the 

following: 

"(b) The Secretary is authorized to make grants for the purIloses of llrm'itling a national telephone communir.ations system to link runuwlly andholl1t'

ll'ss routhH 

with their families and with se'l'vice providers. 

"(c) (1) In addition, the Secretar~' is authori:'.(>d to make grnnt::; lind to pnt'E'r 

Into contracts with governmental nnd IIoIlprofit priYllte agenciel' for the llllrpOl'lef; of providing counsei, ,hg and other sen'iees to meet the imml'cllate needs of runa- way or otherwise lwmeless youth. youth in trouble or in cri!;ls. and the familll'~ 

of such youth, in a manner whir'll is outside the law enfOrCellll'nt strul'turl' Ilnd 

juvenile justice system. 

"(2) The Secretary may provide tl'chnical assistance and training to 1lu('h 

agencies who receive grnnts or enter into contracts under thi::; sll\lf;l'ctlon. 

"(3) The size of the grant or contract shall hl' determined by the numhl'r of 

such youth and families in the community and the existing availahillty of !;Ilt'h 

services,". 

SEC. 305. (a) Section 312(a) of that Ae>t is amended hy striking the period and 

inserting "or who are otherwise homeless.". 

(b) Section 312(b) (5) of that Act is amended by inserting "and hOlneles::;" 

after "runaway" the first time it appears. 

SEC. 306. (a) Section 315(1) of that Act Is amendecl hy adding "andllom(ll(>ss" 

after "runaway". 

51 

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-, .. _-------.... ~---,-,----"------.. ----" 

5 

(u) Section 311) of that Act is amended-

(1) ur inserting "(a)" ilUmediately uftN' "/:lEC. 31G.'·; UII(1 

(2) uy adding at the end thereof the following: 

"(b) The Secretary is authorized to design the information instruments required to collect any information necessary to comply with the 

reporting requirements of this section, 11IId to assess the neell for. and t() 

determine the: elIecth'eness of, progralUs and services funded under thl:,; part.". 

SEC. 307. Section 341 (a) of that A(·t Is umended I'll I'l'lulus follows: 

"(a) To carry out the purposes of part.\. of this title thl:'re is authorized to be 

appropriated $25,000,000 for each of the fiscal l"l'urs ending Heptl:'miJer :-10, 1981 

1982, 1983, 1984, and 108u.". ' 

TITLE IV-lIISCELLANEOUS CONFORMING .\:\IENDllENTS 

SEC. 401. Section 5316 of title 5, United States Code, is umendcd hy striking ont 

"Associate Administrator, Officc of Juvcnile Justice and Delinquency Prel'ention" 

and inserting "Administrator, Office of Juvenile Justice und Dclinqucncy Prevention,". 

SEC. 402. Section 4351 (b) of title 18, United Statcs Code, is amended by striking out "Associate". 

SEC. 403. Section 1002 of Title I of the Omnibus Crime Control and Safc Streets 

Act of 1968 is amended to read as follows: 

"SEC. 1002. In addition to the funds uppropriated under secti()n 261 (a) of the 

.Juvenile Justice and Delinquency Prl:'I'l'ntion Act of 1974. there shall be maintained from appropriations for each fiscal year, at least 19.15 l)er ccntUIll of the 

total appropriations under this title, for juvenile delinqucncy programs, with 

emphasis on programs aimed to curb violent crimes committee by juvcniles, namely, murder, forcible rape, robbery, aggravated assllult, and al'SOU invol\'ing bodily harm, particularly to the areas of identification, IIpprehension, specdy 

adjudication, sentencing and rehabilitation.1'his secUon shall he waived when the 

total appropriations for each fiscal year uuder this title do not l'xcced $150,000,000. 

Implementation, including guidelines, of this section shall be the responsibility of 

the Administrator of the 01llce,", 

SEC. 404. Tbe ,JUI'enile Justice ancI Delinquency Prel'(mtion Act of 1974 is 

amended by striking out "Associate" each time it appellrs. 

PURPOSE OF Al\IENDl\IENT 

The Committee bill, as amended is designed to strengthen, stabilize 

and extend for five years the program established by the .Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93-115) as 

amended in 1977 (Public Law 95-115). The intent of the 1974legislation was to provide Federal leadership and coordination of the resources necessary to develop and implement effective progrnms for the 

prevention and treatment of juvenile delinquency at the State and 

local community level. The Office of Juvenile .rustice Ilnd Delinquency 

Prevention within the Law Enforcement Assistance Administration 

of the Department of .rustice was given responsibility for implementing this program. Throngh substantial g'rnllts to States, locnl governments, nndpublic and privnte agencies, it is the role of the Office to 

encourage development of economical and compr('hel1sh'e programs and services. ' 

The Committee bill should continue to enable the objectives of the 

program to be achie.ved, Comprehensive programs and services to prevent juvenile delinquency have already shown impro\'ement since 1974 

fmd will be further encouraged, additional efforts to curb youth violence will be supported, as well as {>rograms to curb discrimination in 

the system for young girls, minoritIes, and the handicapped, increased 

numbers of juveniles will be able to be diverted :from the juvenile 

52 

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justice sy::stem and alternatives to traditional detention and correctional 

facilities used for confinement of juveniles will be more adequately developed. 

Title III of the 1974 Act is reauthorized and renamed by the Committee bill as the Runaway and Homeless Youth Act. 

I.JEGISLATION CONSIDERED BY 'EHE COMMITTEE 

,During two ~ays of hearings held March 26 and 27, 1980, forty-five 

WItnesses prOVIded testimony on the three bills to reauthorize the 

.Juvenile Justice and Delinquency Preve.ntion Act of 1974: S, 2434, in- tr~duced by Senator ~obert Dole: S. 2441, introduced by Senator Birch Bay~; ,and ~. 2442, mtroduced by Senator Dayh on request of the. AdmImstr~tIOn. The Committee Am~ndment incorporated concepts 

and prOVISIOns from each of the conSIdered measures, witnesses and other organizations. 

EXPLANATION OF COl\IMITTEE AMENDMENT 

OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

The Committee has carefully reviewed the role of the Office of Juvenile Justice and Delinquency Prevention and its executive head the 

Associate Administrator. Congress fully intended in 1974 and 1977'that 

the Administration administer the J uvp,nile .T ustice and Delinquency 

Prevention Act program through the new Office, Section 820 of the 

Omnibufj Crime Control and Safe Streets Act of 1968, as amended in 1~79, .reiaiI?s this. intent by specifyi!lg that all programs .cc;mcerned 

WIth ]uvemle delmquency and ndmImstered by the AdmmIstration 

shall be administered or subject to the policy direction of the Office 

of .Tuvenile .rustice and Delinquency Prevention to carry out the man- dat<~s of the o!uvenile ~ustice and Delinquency Preyention Act of 19'74. 

The overSIght hearmgs held bv the SubcomJmttce to Investigate 

.ruvenile Delinquency on the implementation of the 1974 and 1977 Acts 

from 1975 through 1977 and the oVN'sight hearings held in 1080 by 

the Committee on the .Judiciary established that t.he Administrator 

failed to delegate sufficient authoritv for the Associate Administrator 

to fully implement this program. While the Office did a relatively 

effective job of gettin~ the new program off the ground under difficult 

circullIstnnc('s, aud to keep it. operating as t'ffici('ntly as possible, it is 

the Committ('e1s vi(lw that mandated statutory support of the Office's 

Administmtion of the Program will greatlv enhance the future ability 

of the Office to implement the program as 'intended by Congress, 

TherefoI'C', the ('ommittN' .AllIendment Rpecificnliv d('l<~gat('s authority regarding nIl adlllinistratin·, managerial, o})('rationnl and 

policy responsibiliti('s for the .Tm'('nile .fm;tice and DC'1inqlwnCY Preventioll Art. to tIl(' .\dminiRtrntor of the Otrice of .Tuvc.'l1ile .Tustice and 

Delinquency PI'evention. In 01'<1('1' to inslll'(, C'tr('ctiY(~ impl('ll\('ntation 

of t.his provision the lC'gal nddsol' unit is reC'stahlishec1 in the Office, 

Unobligated funds 

~\ key provision in S, 2441, as introduced, required thnt approprintecl funds unclel' the Juvenile Justice Act, not obligated by the end of 

53 
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each fiscal year shall be transferred to programs funded lmder title 

III-the Runaway and Homeless Youth Act. HIstorically the juvenile 

justice program hall a rocky ooginnillg which l'e::iUltml in its failure to 

properly obliO'nte its funds, even though the necessary program ~pplications we~e amilable to the Office of Juvenile Justice and Delmquency Preventioll. }j'ortuna~ely, in 19~8 the three-year baclcl~g o~ 

funds. was ob~igated and off ~h~ Wasillngton desk at t~}(.~ Qffice of 

Juvemle JustICe. However, wltlun the past year the oblIgatIOn rate 

has diminished substantially, with the prospect of a significant carryoYer. The Runaway Youth Act had not experienced any such pr?blem. 

However, the Committee .A.mendment I~andates that ~ny lUlobhga~ed 

Juvenile Justice funds shall be used to Implement sectIOn 223(a) (13). 

Such funds will be allocated to the I:)tates participating in th~ Act on 

the basis of relative population of peoI?ie, under, the age ?~ elgh~een. The Committee is concerned that thIS Important prOYISlOn of the 

1974 Act, which was intended to prohibit the placement of ju~eniles 

i:t\ any adult facility, including jails, has not been propel'ly unpiemented. In fact, dU~'ing the March h~rin~ the Department of J ustice revealed that SIX years after tlll~ sectIOn became .1!\ w on~y, te~l States even report compliance with tlns laudatory prOVISIon. Of smular concern is that such disappointing progress relates to ll: standard 

of "sight and sound" devel0'ped by the Department of J ushce, rather 

than the fuller prohibition mtended by the 1974 Act. In"tl~at reg~rd 

it was never intended that the words "regular contact III SectIOn 

223(a) (13) allow less than full compliance, as does the "sight and 

Bound" standard. The prohibition on "regular contact" 'ya~ desl~ned to 

allow commingling of juveniles and adults Ul,ld.er specIalIzed, Clreumstances such as a short-term employment trammg program m order 

to avoid costly duplication. . It is obvious to the Committee that much remams to be done to make 

the 1974 Act programs a reality. The allocatioI?- of. un~bligate? funds 

for this. worthy, but somewhat neglected obJective IS partIcularly 

approprIate. 

MaitnteMnce of effort . , The Committee amendment ret,ains the currel~ pr?Yl~lOn of la~y t!lat 

requires at least 19.15.percent of the tot~l apwoprmbon undel TItle 

I of the Omnibus CrIme Control and Safe Streets .\.c~ of 1!)68,~s 

amended, be spent for juvenile delinquency prograJ!ls, WIth ~mph!lsls on programs aimed at curbing viole!lt crilI}es coplDut,ted by Juyemles. 

The Committee acknowledges that. VIolent Juvemle offend~rs s110Uld be 

given an increased focus, but given the comparable coml?~tm~ mterests 

it was fe}t that requirin~ all of the !llaintenanc~ ?f effort funds. for 

this partIcular focus would be exceSSIOn. In addl~l(?n, the Commltt('e 

amendment waives the maintenance of ef!ort pr~YIRIOn when the tot~l appropriations under Title I of the OmnIbus CrIme Control and S!l-fe 

Streets Act of 1968. as amended, does not exceed $150,000,000 durmg 

any fiscal year. 

Oitizeln participation . . .,. The Committee Amendment improves the Act's CltIze~ l?artlclpatlon 

provisions. Under ·the Committee Amendment, the CItIzen groups, 

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namely the State Advisory Groups, will work more closely with the 

State agency perspective applicants linn others interested in the Juvenile Justice program. 

Reports and studies 

The Committee amendment requires the Administrator of the Office 

of .Juvenile Justice and Delinquency Prevention to 'ProV~~,~l a detailed 

evaluation of the seared-straight ty'p'e programs for jU'.!HHes to the 

Congress by June 30, 1981. In addItion, a study of juvelllile justice 

and delinquency prevention policies, programs and practices affecting 

Native Americans is to be completed and submitted to Congress by 

December 31, 1981. 

Title Ill-Rwnaway Youth Act Amendmernts 

This program's title is amended by the Commit.tee Amendment to 

reflect the 1977 Act's homeless yout,h focus. Thus, entitled the Runaway und Homeless Youth Act. The Committee amendment makes statutory the a~thority for the ~ecretary of Health, Education, and Welfare to contmue to fund natIonal telephone networks to link runaway, 

homeless, neglected and abused youth with theill' families and service 

providers. It further, expands the client population eligible for servIce a:nd stimulate the strengthening of governmerlt.al and private sector 

programs for youth and families in need of service. The Secretary will 

continue through the Administrat.ion for ChildJ~en, Youth and Families to collect any information necessary to report on and assess the 

need for programs and services funded under this title. 

The Committee bill authorized funding for lritle III at the same 

level as the 1977 Act of $25 million pel' year for eaoh of five fiscal years, 

1981 through 1985. 

Juvenile JU.lJtice Act authorization 

If one merely looks at the extent and cost of ju'Venile crime and at all 

the needs that are not met by current pro~rams'l one could easily conclude that the authorization levels for thIS Act should 'be doubled or 

tripled. It is the responsibility of t.his Committee, however, to insure 

that juvenile justice programs are developed lin an orderly fashion 

and that all moneys are spent effectively, timely and wisely. Therefore 

the Committee has suggested authorization le'vels that provide for 

the orderly growth of these programs over tllie next five years. As 

reported by the Committee, S. 2441, would uuthorize for each of fiscal 

years 1981 througlt 1985 levels of $150 million, $150 million, $175 

million, $200 million and $200 million respectively. 

The Committee further contemplates that the Subcommittee on 

the Constitution will pursue its oversight responsibilities in a vigorous 

manner so 'as to assure that the Office of Juvenile .Justice and Delinquency Prevention expends the newly authorized funds in a fiscally 

sound manner consistent with the pI:imary goals of the 1974 Act in 

order to assure complete implementation of the .Tuvenile .Tustice and 

Delinquency Prevention Act. 

CONCLUSION 

The Committee believes that S. 2441, as amended, will make more 

accountable 'Und thereby strengthen the program established by the 

Juvenile Justice and Delinquency Prevention Act of 1974. The Com55 

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mittee billl'cflccts recolJunendlltions :included in S. 2441, as introduced, 

S. 2434, Senator Dole's bill, S. 2442, the Administl'lltion bill, and the 

comments of many interested public and private representatives. 

The Federal Go\'erJUnent has an important responsibility to provide 

the leadership and coordination to assist and encourage the dev<,lopmont of sensibl<" humane, and moro economical responses to juvenile 

delinquency. 'rhel'c are no panacens. A l'ennthol'izlltion of tIm 1074 

.Tuvenile Justice and Delinquency Prevention Act will be IlIl importnnt 

step. There must be a commitment by all our citizens to begin to resolve the l<·gal and social I)l'obl('ms and attitudes relevant to childl'en 

in trouble. Alt<'rnntives to unsound policies must be developed and 

encolll'llg-ed. MallY StllteH, localities and pdvah' interest nre nlr<,ady 

b<,ginning to redh'(·ct and increase their efforts. The .Tuvenile .Tustic<' 

Act has contributed to t.his progress. The Committee believes that 

S. 2441, as nrnended, further ernphaHizes the type of commitment that 

is requisite. Passage of the bill wiII refocus this deal' product of a 

bipartisan Congressional and citizen initiative to further r('(hIC<' Crillll' 

and delinquency in this country. 

COXOIU;SSION.\J, nUDm:TOJ;'Fwr·: 

1. Bill 1 llll II 1)(' l' ~ S. 2441. 

~. Bill tit h·: .J u venile .J ustice and Delinquency Prevention ',Act 

Amendments of 1980. . 

3. Bill stahlH: As ordered rcpOl'ted by the Ren/lt(' Committee on the 

.Tudicia.ry, May 7,1980. ' 

4. Bill pUl'pos<,: TIl(' pUl'pos<, of thi's legislation is to authorize the 

a,l>pl'opl'intion of fUlHh; for juvenile justice and delinquency preventlOn and runaway I\nd homeh·ss youth programs. Sp<,cificnlly, the bill 

authorizes $HiO million fOl' <'nch of th.e fiscal years W81nnd i!)82, $175 

million fOl' fiscal year J!)83. nnd $200 million for each of th<, fiscnlyenrs 

1984 and 1985 for juvenile. jUStiC'l' programs, lind $2i1lllilliOll ('nch year 

for the same )wriod for youth progrl1,ms. 

5. Cost estimate (by fiscal y<'ars) :. 

Authorization 1981 _________________ level: Million. --_________ ~_______________________________ $175 

1982 ___________________________ "________________________________ 175 

1983 ___________________________ .________________________________ 200 

1984 ___________________________ .. ________________________________ 225 

198a ____________________________________________________________ 225 

Estimated outlays: 1981 __________________________ "_----------------________________ 102 1982 __________________________ ._________________________________ 175 

1983 __________________________ .. _________________________________ 190 

1984 __________________________ '._________________________________ 215 

1985 __________________________ .. _________________________________ 225 

The costs of this hill fnll prin'/nl'ily within hlt<lgt.·t function 750. 

(l. Bllsis of l'stilllnt<': For the 'purpose of this estimate, it hns been 

nssulll<'ll thnt th<' full nmonnts lint hol'izl'C1 fOI' each fis('al year will be 

np}>l·opl'int<,d. EHt.imatNl outlay:!; nrc hased on information obtained 

from th<' .Tustice D<'pal'tllwnt Illld on historicul Hpending pntterns 

",lli('h indicat<, thnt npproximnt(lly {lO pl'l'cenl' of ('I\('h .venl"s funds for 

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the juvenile justice programs ure spent in the first year, and 40 percent in the second year. The runaway and homeless youth programs 

are estimated to spend 50 percent of their funds in the first year, and 

the remnining 50 percent in the second year. 

7. Estimate comparison : None. 

8. Previous CBO estimate; On May 6, 1980, the eBO prepared an 

estimate of the costs of R.R. 6704, a similar bill, as ordered reported 

by the House Committee on Education and Lubor. The Rouse bill 

authorized a iotal of $225 million in each of the fiscal years 1981 

through 1984, nnd outlays were estimated to be $130 million in 1981, 

$225 million in each of the fiscal years 1982 through 1984, and $95 

million in 1985. 

9. Estit:nate prepared by: Knthy Weiss. 

10. Estimate approved by: 

C. G. NUCKOI,S 

(For James L. Blum, 

Assistant Director for Budget Analysis). 

REQULATORY !ltPACT 

In compliance with paragraph 5, Rule XXIX of the Standing Rules 

of the Senate, the Committee hns concluded that the bill will have little 

or no direct regulatory impact. 

COl\tl\UTTEE ACTION 

Pursuant to section 133 (b) of the Legislative Reorl$anization Act 

of 1946, as amended (Public Law 91-510), the COIllImttee motion to 

report S. 2441, as amended in the nature of a substitute, to the Senah' 

cnrried unanimously. 

SECTION-By-SECTION ANALYSIS 

Section 1 provides that t'hat Act shall be cited as the "Juvenile 

Justice and Delinquency Prevention Act Amendments of 1980." 

Section 101nmends Title I of the Juvenile Justice and Delinquency 

Prevention Act of 1974 to add an additional de('luration of pm'pose. 

The new section 101(a) (8) adds a Congressional declaration of purpose that the justice system should give udditional attention to the 

problem 'Of violent crimes committed by juveniles, particularly to the 

areas of identification, apprehension, speedy adjudIcation, sentencin~ 

and rehabilitation. . 

Section 102(a) amends paragraph (5) of section 103 which defines 

the term "Administra~or" as the ageney 'head d(lsignated by Section 

201(a) of the .TuvenIle Justice and Delinquency Act of 1974, lUi 

amended. 

Section 102 (b ~ amends section 103 (7) to list additional territories 

that qualify ns ' St,ates" eligible for funding under the Act. 

Section 102(c) nmends section 103(9), a technical amendment. 

Section102(d) throug-h (g) amends section 103(1). (12) and (13) 

and adds a ne,,- section (14) to aSSUl'e that ('onUllunity baH('d J>ro~l'flms 

and treatment mn.y include special education Ilnd that handicapping 

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Gonditions means the conditions defined in the ulrm handicapped children in the Education of ,the Handicapped Act. 

Section 201 amends Title II, Part A of the Act in four ways: 

(1) It delegates all final authority to the Administrator of the 

Office of Juvenile Justice and Delinquency Prevention (OJJDP). 

(2) It requires the Administrator of OJJDP to appoint the 

two statutory Deputies, as weU as the Mwly created I-4Cgal 

Advisor. 

(3) It requires the Administrator of OJJDP to provide a detailed evaluation of "Scaroo-Straight"-type. programs to the 

United States Senate CO'mmittee O'n'the Judicil"ry and the United 

States HO'use O'f Representatives CO'mmittee on EducatiO'n and 

Labor, nO' later than June 30, 1981. 

(4) It requires the AdministratO'r to' cO'nduct,!), study O'f juvenile 

justice and delin9.uency preventiO'n PO'licies, programs and practices affecting native Americans and shall re.port O'n the results O'f 

tha,t study to' the United States Senate CO'mmitltee O'n the Judiciary and the United States HO'use O'f Representllltives CO'mmittee 

O'n EducatiO'n and LabO'r, nO' later than Decembell' 31, 1981. 

Section 202 amends Title II, teclmical amendment. 

SectiO'n 203 amends sectiO'n 207 (c) to' include persO'ns eligible fO'r 

membership O'n the NatiO'nal AdvisO'ry CO'mmittee whO' have special 

experience in addressing the prO'blems O'f handicapping conditiO'ns. 

Section 204 amends Title II, technical amendment. 

SectiO'ns 205 and 206 amend Title II, Part B, Subpart I related to 

blO'ck grant Federal Assistance fO'r State and Local Programs, technical amendments. 

SectiO'n 207 amends sectiO'n 224(0.) (11) to develO'P and implement 

prO'grams relating to juvenile delinquency and handicapp;~d cO'nditiO'ns. 

Section 208 amends Title II, Part B. Subpart II rela\'.cd to discretiO'nary grant Federal Assistance fO'r PriO'rity Juvenile.\ PreventiO'n 

and Treatment Programs, technical amendments. 

SectiO'ns 209 and 210 amend sectiO'ns 225 (b) (5), (6), and (8) to' increase citizen participatiO'n in the O'peratiO'n O'f the progl'llm. 

SectiO'ns 211 and 212 amend sectiO'n 228(g) and 241 (c) and (d), 

technical amendments. 

SectiO'n 213 amends Title II, Part D, Administrative ProvisiO'ns, in 

four ways: 

. (i) It provides a. fi:ve-year authO'rizatiO'n with an apprO'priatIon lev('l of $150 millIon fO'r each O'f fiscal years 1081 Ilmd !f)82, 

$175 milliO'n fO'r fiscal year 1983, and $200 milliO'n for each of 

fisC'al years 1984 and 1985, sectiO'n 261 (a). 

(2) It requires that appropriated funds not O'bligated by tIl(', end 

of each fiscal year shall be allocated directly toth(>. States participating in the Act. on tlm basis of relntiv(' PO'Pulation of' peo}>](' 

under eighh'('n years of age no later than January 1 of the next fisc~l year, fO'r the purpose, of implement.ing section 223 (a) (13), 

Rect.lon 261(a). 

(3) It requires that maint.enance O'f effort funds, 19.15 percent 

O'f the tO'tal appropriat.iO'ns of Title I O'f the Omnibus Crime Con58 

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trol and Safe Streets Act of 1968, as amended, shall be maintained 

for juvenile delinquency prO'grams, with emphasis on pl'ograms 

aimed to curb crimes of violence by juveniles, namely, murder, 

forcible rape, robbery, aggravated assault, and arson involving 

bodily harm, particularly to the areas of identification, apprehension, speedy-adjudication! sentencing and rehabilitation. Included, 

is a waiver O'f this prOVision when the total appropriations for 

any fiscal year fO'r title I of the Omnibus Crime CO'ntrol and Safe 

Streets Act of 1968, as amended, do not exceed $150,000,000. 

(4) It reguires the Administrator of O,TJDP to implement and 

be resPO'nsiole for sectiO'n 261 (b). 

Section 214 amends section 262, to provide adequate administrative 

support for the Office. 

SectiO'n 215 amends section 263 to I'equil'c that amendments made by 

the Juvenile Justice and Delinquency Pre\'entiO'n Act. Amendments of 

1980 shall take effect on the date of enactment. 

Sections 301, 302 and 308 amend Title III of the Act to reflect the 

1917 Act's homeless :yO'uth :I,>rogram authority •. 

Section 304 ameni:ls section 311 to authorize the Secretary to make 

grants to link runaway and homeless youth with their families and 

service providel's through the use of a National hO't··line telephone 

network. It further authorizes the Secretary to expand the client population eligible for service and stimulate the strengthening of governmental and private sector programs for youth and families in need of 

service. 

Sections 301) and 306 amend sections 312 (a), (b) (I) and sectiO'n 315 

(1) to reflect the 1977 Act's homeless youth prO'gram authority. It further amends section 315 to authorize the Secretary to continue to ~ollect information to' refO'rt and assess the need for programs and serviceS 

funded under title II . Section 307 amends Title III Part D, Authorization of Approprilitions, to provide a five-year a.uthorization with an appropriatIOn level 

of $25 million per year for each of fiscal years 1981 thl'ough 1985. 

Sections 401 and 402 amend Title 5 and Title 18 of the United States 

Code, technical amendments, 

Section 403 amends section 1002 O'f title I of the Omnibus Crime 

Control and Safe Streets Act of 1968, as amended, a technical 

amendment. . Section 404 amends the Act to carry out the delegation of authority 

for the Administrator of the Office. 

CHANGES IN EXISTING LAW 

In the interest of economy the Committee waived subsection (4) of 

Rule XXIX of the StandIng Rules of the Senate. To reprint the 

current law with the proposed amendment in italics would be very 

lengthy. 

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SENATE DEBATE AND PASSAGE OF S. 2441, A BILL 'ro 

AMEND THE JUVENILE Jlm'ICE AND DELINQUENCY PREVENrION 

ACT OF 1974, ~1AY 20, 1980 

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CONGRESSIONAL RECORD-SENATE S5603 

JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT AMEND~JENTS OF 1980 

Mr, ROBERT C. BYRD. Mr. President, I ask unanimous consent that the 

pending measure be temporarily l,aid 

aside and that the Senate proceed with 

the other measure, S. 2441. 

The PRESIDING OFFICER. The bill 

w1U be stated by title. 

The legislative clerk read as follows: 

A bill (8. 24(1) to amend the Juvenile 

Justice a."ld Delinquency Prevention Act ot 

197f, and for other purposes. 

The PRESIDING OFFICER. Is there, objection to the request, of the Senator 

from West Virginia. There being no objection. the Senate 

pl'oceeded to consider the blll which had 

been reported from the Committee 011 

the Judiciary with an amendment to 

strike all. after the eno.ctlng clause and 

Insert the following: SIlOIIT TITLE 

SECTION 1. This Act shall be eited as the 

"Juvenile Justice and Delinquency Prevention A9t Amendments at 1980". 

TITLE I-AMENDMENTS '1'0 TITLE I OF 

TRE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 

s,;:c. 101. Section 101(110) ot the JUVenile 

J\lst!ce and Delinquency l>reventloll Act of 

1974 Is Rmonded-

(1) by striking out "I\nd" immediately After the semicolon In paragraph (6): 

(2) by striking out the period at the ond 

of paragraph (7) and Inserting It semicolon 

and "and": Rlld 

(3) by adding at the end therClor the 

following: 

"(8) the Justice system Ilhould glvo o.ddltlono.J Dttentlon to violent crimes ccmmittcd 

by Juveniles, partiCUlarly to the IU'MS ot 

identification, apprehenSion, speedy udjudl- cation, Gentenclm;, and rehablUtatlon,". 

SEO. 102. (a) Paragraphs II of scCtioll 103 or that Act Is amollded to I'cad as tollows: 

"(II) the term 'Admh\lstrator' meRns the 

I\gency head deslgllutcd by section 201(a) ot 

the J\\1'enlle Justice and DellnqUel!\'y Pre-

,ention Act of 1974"85 amendedj" \ 

(b) Section 103(7) of that Act Is amended 

by Insertlns after "Pacillc Islands" the fol63 

lowing: "the Virgin Islands, Quem, Amerlcnn 

SPomoa, the COmmonwealth of the Northern 

Mariana Islands,". 

,(c) Section 103(9) of that Act I~ amended 

by striking out "law enforcement" and Inserting "Juvenlle justice", 

(d) Section 103(1) of that Act Is amended 

by Inserting "special educational," Immediately before "vocat~onal". 

(0) Section 103(12) of that Act Is amended 

by iltrlltlng out "and" Immediately atter the senllcolon. 

(f) Section 103(13) of that Act Is amended 

(1) by inserting "special edUcational," Immediately before "social": and 

(2) by striking out the period at the end 

thereof and Inserting In lieu thereof a semicolon and "and". 

(g) Sectlon 103 of that Act Is amended 

by adding at the end thereof the following: 

"(14) The term 'handicapping conditions' means the conditions described In the definition of the term 'handicapped children' In sec~lon 6J2(1) of the Education of the 

Handicapped Act (20 U.S.O. 1401) .". 

TITLE II-AMENDMENTS TO TITLE II OP 

THE JUVENILE JUSTIOE AND DELINQUENOY PREVENTION AOT OF 1974 

SEC. 201, (a) Seatlon 201 of the Juvenile 

Justice Rnd Delinquency Prevention Act of 

1974 Is amended to read as follows: 

"SEC. 201. (a) There Is hereby eotabllshed 

within the Department of Justice under the 

genclIIlauthorlty of the Administrator of the 

Law Enforcement ASSistance Administration, 

the omC'J of Juvenile Justice and Delinquency Prevention (referred to III this Act as the 

'Office'). The Office shall be under the direction of an Administrator, who will be nominated by the President by and with the advice and consent of thil Senate. The AdminIstrator shall administer the provisions ot 

this Act through the Office. T.\Ie Administrator shlill have tinal authority to award, administer, modify, extend, tel'mlnate, monitor, 

eval\IlIte, r.,ject, or deny 1111 grants, coopera- tive agreements and contracts trom, alld I\p~ 

pllcatlons tor, funds made available under 

this title. 

U(b) The AdtnlnlAtrator may presorlbe, In 

aocordance with seatlor, 553 of title 5, United 

States OOde, such nIles Rnd regulations as are necessary or appropl'late to carry out the 

PUI'poseq of this Utle .... 

(b) Section "201 (e)" of that Act Is renum- bered "201 (0)" and amended by striking 

out "ot the Law Enforcement Assistance 

AdmInistration". 

(0) Sectton "201 (f) II ot thet Act Is 

renumbered "201 (dl ". 

(dl A new subseotlon "(e)" Is added to 

read ns follolYs: 

II (e) '1'here shall be esto.bllshed In the 

Office 1\ Lc~al Advisor who shall be appointed by the administrator whose function shall 

be t~ Ilupcrvlse and dlreot the Legal Advl50r 

Unit whose resoonslbllltlel! IIhall Inc hI do 

legal policy development, Implementation, and dissemination and the coordination of 

stirn maLters With al! tcleVnl\t dep:'>l'tnlontal unl~s. The Legl\! Advisor, when appropriate, shall consult with the Law Ellforcement 

Assistance Admlnlstrntlon and the OnIr.o of 

Justlco Assistance. R.esearch, and Statistics on lel=(a1 non pOlicy mattel's relating to the 

provisions of this Act .... (e) Section "201 (g) to of that Act Is renum- bered "201 (t)" and amended by ~trlklng out 

"-five" and Inserting "-six". 

(f) New subsections "(gl" and "(h)" lire 

added to tl!\\d as follows: 

"(g) The Administrator shall provide the 

United States Senate Committee on the 

JUdlcll,\ry and the United States HOllse of 

Representatives Committee on EdUcation 

and Labor with a detailed evaluatlc;m or the 

Rahway Juvenile- Awareness ProJ,"ct, the 

so-called 'Scared-Stralght' program or other 
S5604 CONGRESSIONAL RECORD-SENATE May 2'0, 1980 

slmllaT programs. no later than June 30. 

1981. 

"(h) The admlnlstratol'. In cooperation 

with the Director of the Bureau of Indian 

Affairs. shall conduct a stUdy of Juvenlle 

justice and delinquency prevention policies. 

Programs. and practices affecting native 

Americans and sh"ll report on the results 

of that study to tbe United States Senate 

COmmittee on the ,Judiciary and the United 

States House of Represontatlves Committee on Fducation and Labor no later than 

December 31. 1981. Such report shall can- t,:1ln recommendations regardL'lg actions 

which should be taken. Including suggested 

legislation. and shall address. at a minimum. 

the nature Bnd quality of juvenUe program8 on Indian reservations. the Impact of Federal Government act;!vltles on such programs. 

the consistency of ongoing efforts with the 

objectives of the Juvenile Justice and DeUnquency Prevention Act. and the juvenile 

Justice relationships between Indian tribes 

and contiguous units ot local government .... SEC. 202. (a) Scction 204.(b) of that Act 

Is amended by striking out ". With the 

aSSistance of Associate Administrator .... (b) Section 204(g} of that Act Is amended 

by striking oUl; "Administration" and InsertIng "Office", 

SEC. 203. Section 207(c) of that Act Is 

amended by inserting "and other handloapping condltionu" immediately after "learnIng dlF.Jl.bll1tlcs". 

SEC. 204. Section 208(ct) of that Act Is 

amend>'ld by, strlklrlg out "Corrections" and 

Inserting "Justice". 

SEC. 205. (a) Sectlon 222(a) of that Act 

Is amended by striking th.l last "and" auld 

Inserting Immediately after "Paclfic Tslands" 

the following: ". the Commonwealth at the 

Northern Mariano. Islands. and any territory or possession of the United States.... . (b) Section 222(b) of that Act Is amended 

by striking out "the Virgin Islands. Am~rlcan Samoa. Guam. and the Trust Terrltol'1 

of the PaCific Islands" and Inserting "r.s define(a In aectlon 103(7) .". . SEC. 206. (0.) Section 223(a) of the Act III 

amended to read as tollows: 

"(a) In order to receive tormula grants 

under this part. a State shall submit a plan 

for ca.rrylng out Its purposes In accordance 

with ragulat!onB established under thIs tItle, 

such plan must-". . (b) Section 223(a) (3) (UI) at that Act Is 

amended by striking out "established pursuRnt to sectlon 203(c) of the Omnibus Crime 

Control aud Safe Streets Act of 1968. as amended". 

(c) Sectlon 223(a) (aH'''' at that A ' Is 

amended by striking out • ·ttOI"' S20(b) at 

the Omnibus Crime Contro .. d.',.' Streets 

Act of 1968. as amended." and In!>.- It; "section 1002 of the OmnlbuB CrIme Control and 

Safe streets Act of 1968. as amended .... (d) Section 223(a) (3) (Bl of that Act Is 

amended by Inserting "special educI,tton." 

Immediately before "or youth serVices depart- ments". 

(e) Scctlon 223 (a) (3) (C) of that Act Is 

ameuded-

(1) by Inserting "special ed·.lcatlon" 1mnledlately before "or social services foC' children"; nnd 

(2) by Insertl'lg' "and other handicapping 

conditions" Immediately atter "learn!ng disabilities". 

(f) Section 223(a) (15) of that Act 1111 

amended by striking out "mentall:; -etarded 

gnd emotionally or physically". 

(r.; SectJon 2~3Ia) ot that Act Is amended 

\1y stllklng out the la&t sentrmce. 

(hi Section 223(c) at thnt Act 15 amended 

by striking OUt". with the concurrence ot the 

ASlloclflte Admlnlr.trator .... 

(1) Section 223(d) of that Act Is amended 

by striking out ". In accordAnce with sec- tions 50il. 510. and 511 of title 1 or the Omnlbus Crime Control and Sate Streets Act of 

1968 .... SEC. 207. Section 224(a) (11) of that Act Is 

amended by Inserting "and other handicapping conditions" Immediately after "learning 

disabilities". 

SEC. 208. The Juvenile Justice and Delinquency Prevention Act of 1974 Is amended by 

substlttt,tlng "Priority Juvenile" tor "Special 

Emphs.sls" each time It appears. . SEC. 209. SectIon 225(b) (6) and (6) of 

that Act Is amended by striking out "planning agency" and Inserting "advisory gJ·OUp". 

SEC. 210. Section 225(b) (8) of that Act Is 

amended by striking out "agency" the first 

time It appears an'd insertlllg "advisory 

group". 

SEC. 211. (0.) Section 228(b) 01 that Act 

15 amended by str!:'lng out "not funded by 

the Law Enforcement Assistance Administration .... 

(b) Section 228(g) o! that Act Is amended-

(1) by striking out "part" and Inserting 

"title": and 

(2) by striking out "or wUl become available by virtue of the application of the provisions of section 509 at the Omnibus Crime 

Control and Safe Streets Act of 1968. as amended". 

SEC. 212. (a) Section 241(0) ot that Act 

Is amend.ed by strlltlng out "Law Enforcement and Criminal". 

(b) Section 241(d) of tbat Act Is amended 

by Inserting "and special edtlcatlonal" Immediately after "other educatIonal". 

SEC. 213. (3) Section 261 (a) of that Act 

Is amended to read BS follows: 

"(a) To carry out the purposes at this title 

there Is Buthorlze:i to be appropriated 8150.-

000.000 for each of the fiscal years ending 

Seotember 1,0. 1981 and 1982. 8175.000.000 tor 

the fiscal year ending September 30. 1983. 

and $200.000.000 for eneh of the tlscal years 

endlm! Seot,ember 30. ]984 and 1985. ApproprIated tunds not obligated by the end of 

each fiscal year. sball be allocated directly 

to the States partlclpatlri/J In the Act on the 

basis of relative population of people lmder 

age eighteen for the purpose of Implementing 

section 223(a) (13). no later than Janu&ry 1. 

of the subsequent fiscal year .... (b) Section 261(b) of that Act!s amended 

to read as tollows: 

"(b) In addition to the (unds apPl'Oprlated 

under flection 261(a) of the Juvenlle Justice 

and Delinquency Prevention Act. at 1974. 

there shall be malntahled fror:.l appropriations for each fiscal year, r:..l least 19.15 per 

centum 1)f the total approj.lr!atlons under 

title I of the Omnibus Crime Control and 

Safe Streets Act of 1M8. for Juvenile delinquency programs. with emphasis on programs aimed to curb violent crimes com- mitted by Juveniles. namely. murder. torcible 

rape. robbery. aggravated assault. and arson Involving bodily harm. particularly to the 

areM of Identification. apprehension. speedy 

adjudication. sentenCing and rehabilitation. 

T!lls SUbsection sball be waived when the 

total appropriations tor eacb fiscal year uuder 

title I or the Omnibus Crime Control and 

Safe Streets Act of 1968 do not exceed 8150.-

000.000. Ymplementatlon. Including guide- lines, ot this subsection shali be the responsibility of the Administrator of the Office .... SEC. 214. Section 262 of that Act Is amended 

to read as follows: 

"SEC. 262. Of tbe appropriation for the 

Office under ~h19 Act. there shall be allocated an adequate amount for administrative ex- penses other than those support ilOr\'lces perior •. led for the Office by the Office of Justice A~slstance. Research. and Statistics.". 

SEC. 215. Sectlon 262 (a). (b). and (e) of 

that Act are amended to read as follows: 

"SEC. 263. The amendments made by the 

Juvenile Justice and Delinquency Prevention Act Amendments of 1980 shall take effect upon en&ctment .... 

64 

TITLE III-AMENDMENTS TO THE RUNAWAY YOUTH ACT 

SEC. 301. 'Amend the caption "'l'ITLE III- . 

RUNAWAY YOUTH" by Inserting, "AND 

HOMELESS" Immediately after "RUNAWAY". 

Sr.c. 302. Section 301 of the Juvenile Justice find Delinquency Prevention Act of 1971 

Is amended by Insertlnl'< "and Homeless" ImmediatelY after "Rur,;, ·,lIy. ". . SEC. 303. (a) Section 302(1) ot that Act 

Is amended by adding "or who are otherwise 

homeless" after "permission". 

(b) Section 30!:l(2,) of that Act Is amended 

by adding "and homeless" after "runaway". 

SEC. 304. (a) Section 311 of that Act Is 

amended by inserting "(a)" immediately after "SEC. 311 .... · 

(b) Section 311 of that Act Is amended 

by addlnl\' at the end thereof the fOllowing: 

"(b) The Secretary Is authorized to make 

grants for the purposes ot providing 0. na. tlonal telephone communications system to 

link l'Ullaway and homeless youths with their 

famllles and with service providers. 

"(c) (1) In addition. the secretary Is 

authorized to make grants end to enter Into 

contracts with governmental and nonprofit 

private agencies for the purposes of providing counseling and other services to meet 

the Immediate needs of runaway or otherwise .homeless youth. youth In trotlble or In 

crisiS. and the families of such youth. In a manner whlcl1 Is outside the law enforcement structure and Juvenile justice system. 

"(2) The Secroatary may provide technIcal 

assistance and trainIng to such agencies 

who receive grants or enter Into contracts 

under this subsection. 

"(3) The sIze of the grant or contract 

lIball be determined by the number of such 

youth and famllles In the !;',ommunlty and 

the eXisting availability of such services.". 

SEC. 305. (a) Section 312(6) of that Act 

Is amended by striking the perIod and Inserting "or who ·are otherwise homeless .... (b) Section 312(b) (5) of that Act Is 

amended by InsertIng "Bnd homeless" after 

"runaway" the first time It appears. 

SEC. 306. <a) Section 315(1) of that Act 

Is amended by adding "and homeless" after 

"runaway". 

(b) Section 315 of that Act Is amended-

(1) by Inserting "(a)" Immediately after 

"SEC. 315.": and 

(2) by adding at the end thereof the 

followIng: 

"(b) The Secretary Is authorized to design 

tbe Information Instruments required to 

collect any Information necessary to comply 

with the reporting requIrements of this s~ctlon. and to assess the need for. and to determine the effectiveness of. programs and 

services funded under this part.". 

SEC. 307. section 341(0.) at that Act Is 

amended to read as follo ..... s: "(a) To cllrry out til" purposes of part A 

at this tItle there Is authcrlzed to be appropriated $25.000.000 tor each of the fiscal 

yeats ending l:1eptember 30. 1981. 1982. 1983. 

1984. and 1985.". 

TITLE IV-MISCELLANEOUS CONFORMING AMENDMENTS 

SEC. 401. Section 5316 of title 5. United 

Sta.tes Code, Is amended bl' striking out 

"ASSOCiate Administrator. Office ot Juvenile 

Justice and Dellnquency Prevention" and 

Inserting "Administrator. Office ot JUvenile 

Justice and Delinquency Prevention .... 

SEC. 402. Section 4351 (b) ot title 18. United 

States Code. la amended by striking out 

"Assoctllte". 

SEC. 403. Section 1002 of tItle I of the 

omnibus CrIme Control and SMe Streets Act 

of 1968 Is amended to rear;l as folloW!!: 

"SEC. 1002. In addition to the :funds appropriated undor section 26l(a) of the Juvenile 

Justice and Delinquency Preventloll Act of 

1974. there ~haU be maintained from appropriations tor each l1scal year, at least 19.15 

( 

, 

I 

0), 

May 20, 1980 CONGRESSIONAL RECORD -SENATE 85605 

per centum of the total appropriations under 

this title; for Juvenile delinquency programs. 

with emphasis on programs aimed to curb 

violent crimes committed by juveniles. 

namely. murder. forcible rape. robbery. aggravated asBault. and arson Involving bodily 

harm. particularly to the areas of Identification. apprehenBlon. speedy adJudication. sen· tencing and rebabllItatiol1. This lIectloR shall 

be waived when the total appropriations for 

each l1scal year under this title do not exceed 

t150.000.000. ImplementatMn. Including 

guidelines. of this section shall be the re- sponslbl11ty at tbe Administrator of the 

Office .... SEC. 404. The Juvenile Justlco and Delinquency Prevention Act of 1974 is amended 

by striking out "Associate" each time It 

appears. 

Mr. BAYH. Mr. President, as chairman of the Subcommittee on the Constitution. Committee on the Judiciary. I 

urge the Sena,t.e to adopt the Juvenile 

Justice and Delinquency Prevention Act 

Amendments of 1980 (S. 2441, as amend w 

ed) • This blll would extend the Juvenlle 

Justice and Delinquency Prevention Act 

of 1974, including the Runaway 'Youth 

Act for 5 years, from fiscal year 1981 

through fiscal year 1985. On May 7, 1980, 

the Committee on the Judiciary voted 

unanimously to report this bill favorably 

to the Senate. The cosponsors of S. 2441. 

as reported include Mr. KENNEDY, Mr. 

CULVER, Mr. DECONCINI, Mr. BAUCUS, Mr. 

MATHIAS. and Mr. DoLE. 

Mr. President. this blll is designed to 

strengthen and stabllize our 6-year congressional commitment to the Juvenlle 

Justice and Delinquency Prevention Act 

of 1974 (JJDPA) while at the same time 

mandating that the Administrator of the 

Omce of Juvenile Justice and Dellnquency Prevention (OJJDP) has final accountablllty and responslblllty for implement- ing the juventle justice provisions of this 

act. Section 820 of the Omnibus Crime 

Control and Safe Streets Act of 1968. as 

amended in 1979, also retains this intent 

by specifying that all programs concerned with juvenile delinquency and administered by the Administrator of the 

Law Enforcement Assistance Administration shall be administered or subject 

to the policy direction of the Omce of 

Juvenile Justice and Delinquency Prevention to carry out the mandates of the 

1974 act. 

In 1974. the Congress established ju- venile crime prevention as the Federal 

crime priority. The 19'14 act was the product of a 4-year bipartisan effort, which I 

was privileged to lead. to IlllProve the 

quality of juvenile justiCe throughout the 

United States and to overhaul the Federal response to juvenile delinquency. The 

1974 act was passed by a vote of 88 to 1 

In this body. In 1977. the Congress. by a unanimous 

'>'ote. reauthorized the Juvenile Justice 

Act for 3 additional years to stabUlze 

and revltallze our juvenile crime program. The bipartisan nature of this act's 

supoort from 1970 to the present is refiected In th~act's cosponsors tn this 

body over the years--Mr. Hruska.. Mr. 

MATHIAS. Mr. Cook. Mr .. McClellan. Mr. 

Fong. Mr. Phillip Hart. Mr. Hugh Scott, 

Mr. KENNEDY, Mr. THORMOND, Mr. BURDICK. Mr. Gurney. Mr. Abourezk, Mr. 

Bible. Mr. Brock, Mr. Case. Mr. CHURCH, 

Mr. Clark, Mr. Ca.\NSTON, Mr. GRAVl:L, 

Mr. Hubert Humphrey, Mr. McGee. Mr. 

Montoya, Mr. Moss, Mr. Pastore. Mr. 

RANDOLPR, Mr. RIBICOF6. Mr. MONDALE, 

Mr. CANNON, Mr. EASTLAND, Mr. CmvER. 

Mr. DECONCINI, Mr. HATFIELD, Mr. LEAHY, 

Mr. MAGNUSON. Mr. MATSUNAGA, Mr. METZENBAUM, Mr. PELL, Mr. STEVENS, and Mr. 

HEINZ. 

I originally introduced this measure as 

S. 3148 during the 92d Congress when it 

received strong support from youth- serving organiza,tions and juvenile dellnquency experts around the country. I reintroduced S. 821 on February 8, 1973, 

and S. 1021 on March 17, 1977. 

The Senate Subcommittee to Investigate Juvenile Dellnquency of which I 

was chairman. held extensive hearings that demonstrated the desparate need 

for this legislation. Expert witnesses. inoluding State and local omcials. repre- sentatives of private agencies. social 

workers. sociologists. criminologists. judges. and criminal justice planners testified on the terrible problems of the 

juvenile justice syst.em which did not 

provide individUal justice, effective help 

to juveniles, or protection for our communities. In particular, they repeatedly emphasized that large custodial institutions such as reformatories and training schools were nothing more than schools 

of crime. where juveniles learned the 

skills of the experienced criminal. 

A clear consensus emerged supporting 

strong incentives for State and local gov- . ernments to develop community-based 

programs and services as alternatives to 

training schools for many youngsters. This consensus was further expressed by the National Advisory Commission on 

Criminal Justice Standards and Goals 

which recommended that no new major Institutions for juveniles shOUld be built 

under any circumstances. The Commission provided additional support for the 

philosophy of the legislation that many dellnquents. but especially noncriminal 

status offenders and neglected or dependent children. who had previously been Institutionallzed could be helped successfully in community settings. During the early 1970's the hearings and investigations in Washington and 

throughout the country by the Subcommittee to Investigate Juvenile DelinQuency (abollshed in 1979 with the juve- nile jurisdiction transferred to the Subcommittee on the Constitution) led me 

to two important conclusions. 

The first is that our past system of 

juvenile justice was geared primarily to 

react to youthfu1.offenders rather than to 

prevent the youthful offense. 

Second, the evidence was overwhelming that the system failed at the crucial 

point when a youngster first got into 

trouble. The juvenile who took a car for 

a joy ride. or vandalized school property, 

or viewed shopllftlng as a lark, was confronted by a. system of justice often completely incapable of responding in a constructive manner. 

However, during the late 1970's and 

this new decade, we have begun to build 

on our past experiences wlththe act 

making substantial progress not ~nly at 

the Federal level, but especially at the 

State and local level. We intend that the 

Juvenile Justice Omce be an advocate 

65 

for the families and youth of our States, 

while at the same time protecting their 

human. constitutional and legal rights. During our 2 days of hearings held 

March 26 and 27. 1980. over 45 witnesses 

'provided testimony on three bills pending before the Judiciary Committee to reauthorize the act. Judge Carl Guernsey, president of the National Council of Juvenile and Family Court Judges testified 

that the act had a positive impact on 

lowering the increase of juvenile crime 

from an increase of 15 percent prior to 

1974 to an Increase of less than 1 percent from 1974 to the present. In 1974 the act established a runaway youth program which was expanded in 

1977 to include homeless. neglected and 

abused youth. This program provides 

temporary shelter and counseling for 

thousands of young runaways and other 

homeless youth and attempts to reunite 

these children with their parents. The 

Runaway youth Act is retained and administered by HEW's Administration for 

Children, youth and Families. Runaway and Homeless youth Division. The Runaway Act is renamed the Runaway and 

Homeless youth Act to refiect the act·s 

homeless. neglected and ,abused youth 

program authority. S. 2441, as amended, 

also claSSifies the Secretary's authority to 

continue to fund national telephone networks to link runaway. homeless, neglected and abused youth with their 

famllies and service providers. Mr. President. the 1974 act has dramatically improved the Nation's programs for the prevention and treatment 

of juvenile delinquency. but we must 

continue these efforts' if we are to benefit 

fully from the act·s mandates. After 

careful study of the implementation of 

the 1974 act and 1977 amendments. the 

Committee on the Judiciary has made 

several changes to improve the effectiveness of the act. 

The major changes recommended in 

S. 2441. as amended are: OFFICE OF JUVENILE JUSTICE AND OELINQ'!1ENOY 

PREVENTION 

The Committee has carefully reviewed tbe 

role of the Office of Juvenile Justice and 

Delinquency Prevention and Its executive 

head. the Associate Administrator. Congress 

tully Intended In 1974 aod 1977 that the 

Administration administer the Juvenile Justice and DeUnquency Prevention Act program 

through the new. Office. SectIon 820 of the 

Omnibus >i1!rlme Control and safe Streets Act 

of 1968. as amended In 1979. retains this 

Intent by spec1!ylng that 0.11 programs con- cerned with juvenile delinquency and adminIstered by the Administration shall be adminIstered or subject to the pol1cy direction of 

the Office of Juvenile Justice and Delinquency 

Prevention to carry out the mandates of the 

Juvenile Justice and Delinquency Pre1V'entlon 

Act of 1974. 

The overSight hearings held by the Subcommittee to Investigate Juvenile Delinquency on the Implementation of the 1974 

and 1977 Acts from 1975 througb 1977 and 

the oversight hearings held In 1980 by the 

Committee on the Judiciary estabUshed that 

the Admlnlstrat(lr failed to delegate suffiIl!ent authority tor the Assoolate Aclmlnlntl'ator to fully Impl41ment this progrllm. While 

tbe Office did a relatively effective job of gettln~ the new program off the ground un- der dlmcult circumstances. and tl) keep It 

operating as emclently as possible. It Is the 

Committee's view that mandated Istatutory 

aupport of the Omce's A~!nlstratl()n of the 

I 

\ 

! 

," 
rt ..-'t 

S5606 CONGRESSIONAL RECORD-SENATE May 20,d980 

Program will greatlY enhance the future abilItyof the omce to Implement the program as Intended by Congress. 

Therefore, the Committee Amendment specifically delegates authority regarding all administrative, managerial, oper:ltlonal and 

policy responslb11ltles for the Juvenlle Justice 

and Delinquency Pre\'ent!on Act to the Administrator of the Omce of Juvenile Justice 

and Delinquency Prevention. In order to In- sure effective implementation of this provi- Sion the legal advisor unit Is reestablished In 

theOmce. 

Unobligated lunds 

A key provision In S. 24.41, as Intro~uced. 

required that appropriated funds under the 

Juvenile Justice Act, not obligated by the 

end of each fisc:!.l year shall be transferred 

to programs funded under title IU-the Runaway and Homeless Youth Act. Historically the juvenlle justice program had a rocky beginning which ~esulted In Its failure to prop- erly obligate Its funds, even thouihh the nec- essary program applications weer available 

to the Omce of Juvenile Justice and Dellnqnecy Prevention. Fortunately, In 1978 the 

three-year backlog of funds was obligated and off the Washington desk at the Omce of 

Juvenile Justice. However, within the past 

year the obllgatlon rate has diminished substantially. with the prospect ot a significant 

carryover. The Runaway Youth Act had not 

experienced any such problem. However, the 

Oommlttee Amendment mandates tha't any unobligated Juvenile Justice funds shall be 

used to Implement section 223(a) (13). Such 

funds wl11 be allocated to the states partici- pating In the Act on the basis of relative pop- ulation of people under the age of eighteen. 

The Committee is concerned that this Important provision of the 1974 Act, which was Intended to prohibit the placement of Juveniles In any adult fac11lty,Including Jails, has 

not been properly Implemented. In fact, durIng the March hearings the Department of 

.Justlce revealed that six years after this lIectlon became law only ten states even report compllance with this laudatory provision. Of 

IIlmllar concern III that such disappointing progre~s relates to a standard of "Sight and 

sound" developed by the Department of Justice, rather than the fUller prohibition Intended by the 1974 Act. In that regard It was never Intended that the words "regular contact" In Section 223(a) (13) allow 1_ 

than full compliance, as does the "sIght and 

sound" atandard. The prohllbtlon on "reguJar contact" was designed to allow comming- ling of Juveniles and adultll under IIpeclal- Ized circumstances such as a short-term em- ployment program In order to avoid coatly dupllcatlon. 

It Is obvious to the Committee that much 

remains to be done to make the 1974 Act 

programs a reaUty. The allocation of unobligated funds for this worthy, but some- what neglected objective Is particularly ap- propriate. 

Maintenance 01 effort 

The Committee amendment retains the 

current provision of law that requires at 

least 19.15 rercent of the total aproprla- tlon under Title I of the Omnlbus Crime 

Control and Safe Streets Act of 1938, as amended, be spent for Juvenile delinquency 

programs, with emphasis on programs aimed 

at curbing Violent crimes committed by jUveniles. The Committee acknowledges that 

Violent Juvenile olfenders should be given an Increased focus, but (!\ven the compara- ble compdlng Interests It was felt that re- quiring all of the maintenance of elfort 

funds for this tlartlcular focus would be ex- cession. In addition, the Committee amendment waives the maintenance of elfort pro- vision when the total approprlatlonll under 

Title I of the Omnibus Crime Control and 

Safe Streets Act of 1968, as amended, dou 

not excel~d .160;000,000 dur1ng an,. 1lacal 

year. 

CItt;:en participation 

The Committee Amendment Improves the 

Acts'a citizen partlolpatlon provisions. 'Under the Committee Amendment, the Citizen 

groups, namely the State Adlvlsory Groups, will work more closely with the state agency 

r.erspectlve applicants and others Interested 

In the Juvenile Justice program. 

Reports and studies 

The Committee amendment requires the 

Administrator of the Office of Juvenile Justice and Delinquency Prevention to pro- vide a detailed evaluation of the scaredstraight type programs for juvelllJes to the 

Congress by June 30, 1981. In addition, a study of Juvenile Justice and dellnq\lency prevention policies, programs and practices affecting Native Americans Is to be com- pleted and submitted to congress by December 31, 1981. 

TItle Ill-Runaway youth Act Amendments 

This program's title Is amended by the 

Committee Amendment to reflect the 1977 

Act's homeless youth focus. Thus, entitled 

the Runaway and Homeless youth Act. The 

Committee amendment makes statutory the 

authority for the Secretary of Health, Education, and Welfare to continue to fund na- tional telephone networks to link runaway, homeless, neglected and abused youth with 

their families and service providers. It further, expands the cUent population eligible for service and stimulate the strengthening of governmental and private sector programs for youth and famllles In need of serv- Ice. The Secretary wilt continue through the 

Administration for Children, Yout,h and 

Famllles to collect any Information neces- sary to report on and assess the need for 

programs and services funded under this 

title. 

The Committee bill authorized funding for . title IU at the same level as the 1977 Act 

of U5 mllilon per year for each of ftve fiscal 

yearo, 1981 through 1986. 

Juvenile Justice Aot ,AuthortzClt~on 

U one merely looka lOt the extent and cost 

of Juvenile crime and at all the ueec1a that are not met by current programs, one could 

easU,. conclude that the &uthorlzatlon levelll 

for this Act should be doubled or t,rlpled. It 

III the responslblllty of this COmmittee, however, to insure that Juvenile Justice programs Ilol'e developed In an orderly fashion and that 

all moneya are spent elfectlvely, timely and 

wisely. Therefore the Committee has sug- gested authorization levell that provide for 

the orderly growth of these programs over the 

next ftve yearl. As reported by the Committee, S. 2441, would &uthorlze !or each of fiscal 

years 1981 through 19851evela of .150 ml11lon, • 160 million, .176 mllllon, .200 million and 

.200 million respectlvel,.. 

The COmmittee turther contemplatel that 

the Subcommittee on tbe Constitution will 

pursue Its ovel'slght res~onslb111tles In a vlSorou.1I manner so as to lISBure that t,ll\e Omce 

of Juvenile Justice and Dellnquenc, Proventlon expendl the newl,. authorlzed funds in a fiscally sound mE ,ler con.!lstent with the 

primary goals of the 1974 Act In order to as- lure complete tmpillmentation of the Juvenile Justice and Delinquency Prevention Act. 

Mr. President, I strongly urge my colleagues In the Senate to adopt this legislation. The Juvenile Justice and Delinquency Prevention Act and these 1980 

amendments will provide the stability so vital to the continuation of this con- lP'esslonal initiative. The 5-year extension, with the adequate funding provided, when coupled with fullimplementation of the provisions of the 1974 and 

1977 acta wlll help address the current 

needs (If our juvenile justice sYstem. Although the amounts authorized to date 

have been very frugal relative to the task 

66 

of each of the participating states, such resources provided in a stable, continu- ous fashion will do wondel'S to achieve 

the mandate of the 1974 act. 

Mr. President, the Federal Government 

has an important responsibility to provide the leadership and coordination to 

assist and encourage the development of 

sensible, humane, and more economical 

responses to juvenile delinquency. There are no panaceas. A reauthorization of the 

1974 Juvenile Justice and Delinquency 

Prevention Act will be an important steP. 

There must be a commitment by all our citizens to begin to resolve the legal and 

social problems and attitudes relevant to 

children in trouble. Alternatives to un- sound policies must be developed and en- couraged. Many states, localities and 

private nonprofit interest groups are already beginning to redirect and increase 

their efforts. The Juvenile Justice Act has 

contributed to this progress. 1 ask unanimous consent that two attachments be printed at this point in 

the RECORD, one a letter from the Ameri- can Legion, dated March 27, 1980, and 

the second being a list of organizations endorsing the Juvenile Justice and Delinquency Act of 1974. 

There being no objection, the mat~rial 

was ordered to be printed in the RECORD, 

as follows: 

TIll: AMERICAN LEGION, 

Washington, D.C., March 27, 1980. 

Hon. BmCH BAYH, 

U.S. Sonate, Russell Senate O/lioe Build.ing, 

Washington, D.C. 

DEAR SENATOR BAYH: The American Leglon'l longstanding concern over juvenile crime across the country was the basis for our support In 1974 of the Juvenile Justice 

and Delinquency Prevention Act. We belleved then as we do now that the problem demands a comprehensive and coordinated 

approach at the federal level. 

As you know, Juvenile crime continues to 

be one of our most perSistent social ailments. It, therefore, Is essential that federal efforts be continued and that the Act 

be extended through reauthorization. We are pleased to ler.rn that you have Intl~oduced S. 2441 Which, If enacted, would pro- vide for such reauthorlzat>lon and we con- tinue to support the maintenance of elfort 

concept as part of any reauthorizing man- date. 

The American Legion stands ready to 

assist you and every member of the Committee In this worthwhile endeavor. 

Sincerely, 

MYLIO S. KIIAJA, 

Director. 

ORGANIZATIONS ENDORSING THE JUVENILE 

JI';'STICE AND DELINQUENCY PREVENTION ACT or 1974 (PuBLIC LAw 93-416, AS AMENDED 

IN 1977, PuBLIC LAw 95-116) 

American: Federation of State, County, and 

Municipal Employees. 

American Institute of Family Relations. 

American Legion, National Executive Committee. 

American Parents Committee. 

American. Psychological Association. 

B'nal B'rlth Women. 

Chlldren.'s Defense Fund. 

Child study AssOCiatIon of America. 

Chinese Development Council. 

Christian Prison Ministries. 

AFL-CIO Department of Community serv- Ices. 

AFL-CIO, Department of Social security. 

American Association of Psychlatl'lc Serv- lc~s for Children. 

American Assoclstlon of tT~verslty Womell. 

i, 

• c 

nt. 

May 2'0, 1980 CONGRESSIONAL RECORD-SENATE S5607 

Amerlclm Camp1ng A8I!OOlatlon:. 

American. Federation of Teacherl. 

American Occupational Therapy A.IIsocla- . tlon. 

National Information Center 011 Volunteerl 

In: Courts. 

National League of Cities • 

Mr, President, although I support the 

concept of separating juveniles from 

adult offenders in jails and lockup facilities, the current separation on the basis 

of "sight and sound" seems to be an achievable goal. My own Stat.e of South 

Carolina has been able to achieve com- pllance with this requirement. Unfortunately, for a rural State like mine a 

National Legal Aiel and Defender Associa- American OptometriC Association. tion. 

American Paren,ts Committee. 

American Psychological Assoc1atlon. 

American Publlc Welfare A!I8OClatlon. 

American SChool Counselor AsSOCiation. 

American SoCiety for Adolescence Psychia- try. 

National Network of ·a.unaway and Youth 

services. 

National tTrban CoaUtlon. 

Publlc Affairs Committee, National Association for Mental Health, Inc. 

Association for Chlldhood EducatiOn. Intetnatlon,al. 

Robert P. Kennedy Action Corps. U.S. Conference of Mayors. 

Big Brothers/Big Sisters of America. 

National ·Youth Workers Alllance. 

National Council of Juvenile and Family 

Federal requirement that there be co:Oplete separation-in separate fQ()ll1tiesof 'jUvenile and adult offenders ma.y be 

impossible to achieve in the immediate 

future. states .are taking steps to correct 

this situation, but they should be enAssociation of Junior Leagues. 

Emergency Task Force on Juvenile Delinquency Pr&ventlon. 

John. Howard AssOCiation. 

Juvenlle Protective AssOCiation. 

Natlon,al Al;tanpe on Shaping Safer CIties. 

National Association of Counties. 

National Association of Social Workers. 

National Association of state Juvenile Dellnquency Program Admlnlstrators. 

National Collaboration for youth: Boys' Clubs of America. Boy SCouts of America 

Camp Plre Girls, Ill,c., Future Homemaker~ of America, Girls' Clubs, Girl SCouts of 

U.S.A., National Federation of Settlements 

and Neighborhood Centers, Red. Cross youth Service Programs, 4-H Clubs, Federal El(ecutlve service, National Jewish Welfare Board, 

National Board of YWCAs, and National 

Councll of YMCAs. 

National Commission on the Observance of 

International Women's Year Committee Qn 

Child Development, Audrey Rowe Colomi, 

Chalrnerson Committee Jill Ruckelshaus 

Presiding Officer of Commission. ' 

National Conference of Criminal Justice 

Planning Administrators. 

National COn!erenco of State Legislatures. National Councll on Crime and Delinquency. ' 

Boys' Clubs of America. 

Boy Scouts of the USA. 

Chlld Welfare League of America. 

Family Impact Seminar. 

Faml11,f Service Association of America. 

l"ou.,'-O of Bergen County. Girls Clubs of America. 

Home and School Institute. 

Lutheran Council In tho U.S.A. 

Mary}and Committee for Day Care. 

Massachusetts Committee for Children and 

Youth. 

Mental Health Film Board. 

National Alliance Concerned With SchoolAge Parents. 

National Association ot SOCial Workers. 

National Child Day Care Association. 

National Conferellce of Christians and Jews. 

National Council for Dlack ChUa Develop- ment. 

National CO\1ncil or Ch\1rches . National COUllOU of Jewish Women. 

National CO\1ncll of State Committees for 

Chlldren und Youth. 

NCttlollnl Jewish Welfo!'£: Board, 

National Ul'ban LeRijUc. 

New YOl'k State Division fOl' 'Yo\1(h. 

Palo Alto Commuulty ChUd Cnre. 

Phlladolphla Commt1l11ty Coordinated 

Chlld Care Council, 

The Salvation Army. School Days. Illc. 

SO()iety of St. Vincent Do Paul. 

Unl{,ed AlIta Worlters. 

United Cerebral Palsy As~ocint.loll. 

United Church of Christ-Board for Homeland Mllll~trles, DlvMoll of Health nnd Wel- fare. 

United Methodist Chtu'ch-Doard of Global Ministries. 

United Neighborhood Houses of New York Inc. ' 

United Presbyterian Ch\1rch. USA. 

Westt'hestel' Children's ASSOCiation. 

National Federation of State Yo',,~h ServIce 

Bureau Associations. 

National Governors Conference. 

COurt Judges. 

National COuncil of Criminal Justice 

Planners. 

youth Network Council. 

American Bar Association. 

American Civil Liberties Unlon. 

National Juvllnlle Law Center. 

National Oo"Utlon for Children's Justice. 

Chlldren's ~.(press. 

Chjldren's Defense Fund. 

Coalition for Ch'lldren and Youth. 

Mr. THURMOND. Mr. President, today, the Sena.te considers legislation to 

rea.uthorize the Juvenile Justice and Delinquency Prevention Act of 1974. 

The original legislation, the Juvenile 

Justice anci Protection Act of 1974, was the first comprehensive Federal response 

to the problem of juvenile crime. I sup- ported that leg·lslation because I was deeply concerned about the rise in juve- nile crime and the number of youths who were running away from their homes. 

We have now had 6 years of experience with this legislation. It has been, I think, a rocky road. There are confiictlng.views throughout the country on how to re- s?Dnd to juvenile crime, how to separate 

status offenders from nonstatus offenders, and how much of the overall 

criminal justice resources shoUld be devoted to this problem. 

These problems are even more difficUlt 

to resolve now that we are in a. period of budgetary restraint. Although this blll 

authorizes a total of $875 million over the next 5 fiscal years, it is clear from 

recent Budget Committee actions that ~uncls for jUvenile justice and criminal 

Justice programs will be hard to come by through the appropriation process. 

Mr. PreSident, 1 hope that supporters of this program will understand these 

current funding realities. The LEAA 

program, for example, has been reduced 

sUbsta,ntlally. The maintenance of effort 

proviSIOn of the Omnibus Clime Control 

and Safe streets Act, which requires that ~O peJ'cent of LEAA fW1cls also go to 

Juvenile jUstice prograll,"IS, should be SUSpended temporarily while LEAA funding 

levels are so low. OtherWise juvenile 

just,ice will receiVe a disproportionate share of total criminal justice fWlding I 

believe, tJlat, in a period of spending r~­

~tra!nt, all components of the criminal 

JUstlce system shoUld share equally. 

The Juvenile Justice and Delinquency Prevention Act of 1974 is scheduled to bc 

funded at a $100 million level. I think 

that is adequate for the time being. This 

program has been sllccessful in lnlU1Y 

states, but efforts to gO too far too fa~t 

may hul'~ the progrlllll. For example, on the question of separating juveniles from 

adults in lockups and jails, a requirement 

tl!at. absolute separation be reached 

wlthm a few years may be impOSsible to 

achieve. 

67 

couraged to do so, not forced to do so 

under the threat of sanctions by the Federal Government. 

Mr. President, I support this legislation and iIB objectives and urge my colleagues to approve it. 

Mr. DOLE. Mr. President,1 rise in support of this legislation that would amend 

the Juvenile Justice and Delinquency 

'Prevention Act of 1974. This bill is similar to S. 2434, legislation that the Senator from Kimsas introduced to extend 

tho Juvenile Justice and Delinquency 

Prevention Act of 1974 through fiscal 

year 1984. That bill authorized $125 mlllion in fiscal yeai 1981 and $125 million 

in each succeeding year for the pro- . grams that arc created by the act. In 

addition, S. 2434 required that there 

would be maintained from appropriations for each fiscal year allotted to each 

State under title I of the Omnibus Crime 

Control and Safe Streets Act of 1968, at 

least, the average percentage of the 3 

most recent fiscal years for which figures are available of the total expenditures made for criminal justice programs by 

State and local governments which Is 

expended for juvenile delinquency programs by such State and local govern- ments. 

MAINTENANCE Oli' EI'TORT 

An important aspect of the 1974 Juvenile Justice Act was the "maintenance 

of effort" provision. That law called for a set aside of 19.15 percent of all law en- forcement assistance administration 

(LEAA) funding to be reserved for juve- nile justice programs. This percentage was based on the ratio of LEAA eXJlcndltures for juvenile justice to the agency's 

total expenditures for fiscal 19'd. The 

Senator from Kansas felt tha~ it was time to carefully reexamine this ratio in t~e light of experience in its administratIOn. 

The Senate version of the Justice SYStem Improvement Act of 1979 provided fol' the complete elimination of the 

maintenance of effort provision. S. 2434 

did not go that far. Irlstead it attempted 

to develop a new formula based on the 

average pel'centage of the 3 most recent 

fiscal years of the total elLpenditures made fol' criminal justice programs by 

state and IOCRl governments. 

Al!'J.'HORn'Y OF' TIlE;, ASSISTANT .lDMIN1!jl'MTOR 

Under S. 2434, the Office of Juvenile 

Justice and Delinquency Prevention 

would have remained within the LEAA 

of the U.S. Department of Justice The 

Assistnnt -:'-dminlstrator of r,EAA would 

hnve contmued to head the Office although he would have been under the 

policy direction and control of the Administrator of LEAA. 
• 

85608 CONGRESSIONAL RECORD -SENATE May 20, 1980 

COMPROMISE LEGISLATION 

S. 2441 represents a good compromise between the concerns of Senator BAYH 

and the concerns of this Senator. In reviewing the original proposal that this 

Senator offered and S. 2441, there are 

only three major differences. Those differences concern the role of the Administrator of the Office of Juvenile Justice 

and Delinquency Prevention, the funding level, and the maintenance of effort 

provision. In S. 2441 the Administrator of the 

Office of Juvenile ':ustice and Delinquency Prevention is given final accountability and responsibility for implement- ing the act. The funding level. in the leg- isIat,ion that we ax:e reviewing today. is 

$150 million in 1981. $150 million in 1982. 

$175 million in 1983. an.d $200 mllli<)n in 

1984 and 1985. Under S. 2441, the 19.15 

requirement for spending on juvenile justice programs will be waived when 

total appropriations for LEAA fall to exceed $150,000,000. 

The Federal Governmrnt has n, respon- sibility to continue its efforts to improve the quality of justice that is aval.1able tB 

juveniles ill this country. The problem of 

juvenile delinquency must continue to 

be dealt with in an effective and meahingful manner if the lovels of juvenile crime are to continue their decline. 

It is my hope that by extending the 

authorization for the Juvenile Justice 

and ~linouency Prevention Act of 1974, 

States and local governments. private and public organizations will have the 

assistance that is necessary to continue 

the development of practical approacaes 

to the problems of youths that have become involved in the juvenile justice 

s:;stem. Juvenile crime and delinquency prevention must continue to be a top Federal, State. and local priority. It is 

clear to me that a major cause of this 

Nation's staggering crime rate is juvenile crime end violence. This legislation will 

deal with that cause. 

The PRESIDING OFFICER. Who 

yields time? 

The bill is open to further amendmf:nt. 

If there be no further amendment to be 

proposed. the question is on agreeing to 

the committee amendment in the nature 

of a substitute. . The committee amendment was agreed 

to. 

'l'he bill was ordered to be engrossed for a third reading, was read the third 

time. anct passed as follows: 

S.24-11 

Be it enacted by the Senate and House 0/ 

Rcp! es('ntatives 0/ the United Stales 01 

A:merica in Congress assembled, 

SHORT TITl.E 

SECl'lON 1. This Act shall be cited ItS the 

"Juvenile .Justice and Dellnquency PI'e~cntlon Act Amendments of 1980". 

TITLE I-AMENDMENTS TO TITI.E I OF 

THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 

SEC. 101. Section 101 (a) oC the Jm'enl1e 

Justice and Del111qur.ncy Prevention Act of 

1974 Is nmended0) by striking out "and" ImmedIately after tIle semicolon in paragraph (6): 

(2) by striking out the pe,rlod at the end or paragraph (7) and Inserting a semicolon 

and "and": and . 

(3) by adding at the end thereof the tollowing: 

. 

"(8) the Justice system shOUld give additional attention to violent crimes committed 

by juveniles. particularly to the areas ot 

Identification. apprehension. speedy adJudication. sentencing. and rehab1l1tatlon .... SEC. 102 (a) Paragraph 6 ot section 103 ot 

that Act 11' amended to read as follOWS: 

"(6) the term 'Administrator' means the 

agency head designated by section 201 (a) of 

tile Juvenlle JUstice and Delinquency Prevention Act of 1974, as amended;". 

(b) Sectlon 103(7) of that Act Is amended 

by Inserting after "PacifiC Islands" the following: "The Virgin Islands. Guam. AmerIcan Samoa. the Commonwealtl:l of the 

Northel'n Mariana Islands.". 

(c) Section 103(9) of that Act Is amended 

by striking out "law Ilnforcement", and Inserting "juvenile Justice". 

(d) Section 103(1) of that Act Is amended 

by Inserting "special edllcatlonal," Immediately before "vocational". 

(0) Section 103(12) of that Act Is amended 

by strlltlng out "and" Immediaetly after the 

semicolon. 

(f) Section 103(13) of that Act Is 

umended-

(1) by Illsertlng "special educational." Immediately before "social"; and 

(2) by striking out the period at the end 

thereof and Inserting In lieu thereof a semicolon and "and". 

(g) Section 103 of that Act Is amended by 

adding at the end thereof the following: 

"(14) The term 'handlcnppl'ilg conditions' means the conditions descrlbod In the definition of the term 'handicapped children' In 

section 602(1) of the Education of the 

Handicapped Act (20 U.S.C. 1401) .... 

TITLE II-AMENDMENTS TO TITLE r.c OF 

THE .TUVENILE JUSTICE AND DELINQUENcy PREVENTON ACT OF 1974 

SEC. 201. (a) Section 201 of the Juvenile 

Justice and DeUnquency Prevention Act of 

1974 Is amended to read as follows: 

"SEC. 201. (a) There Is hereby estabUshed 

within the Department, of Justice under the 

general authority of the Administrator of the 

Law Enforcement ASSistance Administration. 

the Office of Juvenile Justice and deUnquency Prevention (referred to In this Act as the 'Office'). The Office shall be under the 

direction of an Administrator. who shall be 

nominated by the President by ant!. with 

.the advice and con6ent of the Senate. The 

Administrator shall admInister the provi- sions of this Act through tha Office. The Administrator shall have final authority to 

award. admInister. modify. extend. termInate. monitor, evaluate. reject, or deny all 

grunts. cooperatl ve agreements a,nd contracts 

fl'om, lind applicnt\ons for. tunds mnde available under this title. 

"(b) The Administrator may prescribe, In 

accordance wi th section 653 of tl tie 5. United 

States Code. such rules and regUlations as are necessary or appropriate to carry out 

the purposes of tIlls title.''. 

(b) Sectlon "201 (e)" of that Act Is re- numbered "201 (C)" and amended by strikIng out "of the Law Enforcement Assistance 

Administration", 

(c) Section "201 ef)" of thRt Act Is renum. berl1d "201 (d) ". 

(d) A new su bsectlon "( e)" Is added to rca d as follows; . 

"(e) There shall be established In the 01-

flce a Legal Advisor who shall be appointed 

by tho administrator whor;e fUl\ctlon shall 

be to supervise and direct the Lega.l Advisor 

Unit Whose responsibilities shall Illclude legal policy development. Implementation. and 

dissemination and the coordination of such 

matters with all relevant departmental units. 'the Legal Advisor. when appropriate. shall consult with the Law Enforcement Assistance Administration and !;he Office ot 

Justice Assistance. Research. and Statistics on legal nonpolicy matters relatl.ng to the 

provisions ot this Act.'·. 

(e) Section "201 (15')" of that Act I. re68 

- , 

numbered "201 (f)" and amended by strikIng out "-five" and Inserting "-six". 

(f) New subsections. "(g)" and "(h)" are added to read as follOWS: 

"(g) The Administrator shall provide the 

United States Senate CommIttee on the Judiciary and the United stutes House of Rep- resentatives Committee on Education and 

Labor with a detalled evaluation of the Rahway Juvenile Awareness Project. the 80-

called 'Scared-Straight· program 01' other 

similar programs. no later than June 30. 

1981. 

"(h) The administrator. In cooperation with the Director of the Bureau of Indian 

Affairs. shall conduct a study of Juvenile justice and delinquency prevention policies. programs. and practices affecting native Ameri- cans and shall report on the results of that 

study to the United States Senate Commit. 

tee on the Judiciary and the United States 

House of Representatives Committee on Education and Labor no Inter than December 31. 

1981. Such report shall contain recommendations regarding actions which shOUld be 

taken. Including suggested legislation. and 

sha.l1 address. nt a minimum. the nnture and 

quality of jttvcnile. programs on Indian 

reservations, the Impact of Federal Government actlvltle,q on such programs. the con- sistency of ongoing efforts with the objectives of the Juvenile Justice and Delinquency Prevention Act. and the Juvenile Justice 

relationships between Indian tribes and con- tiguous units of local government.'·. SEC. 2.02. (a) Section 204(b) of that Aot 

Is amended by striking out ". with the as- sistance of ASSOCiate Administrator .... (b) Section 204(g) of that Act is amended 

by striking out "Administration" and InsertIng "Office". 

SEC. 203. Section 207(c) of that Act Is 

amended by Inserting "and other handicapping conditions" Immediately after "learning dlsablUtles". 

SEC. 204. Section 208(d) ot that Act Is 

amended by striking out "Corrections" and 

Inserting "Justice". , SEC. 206. (a) Section 222(a) of that Act 

Is amended by striking the last "and" and 

Inserting immediately after "Pacific Islands" 

the following: ", the Commonwealth ot the 

Northern Mariana Islands. and any territory or possession ot the United States .... (b) Section 222(b) of that Act Is amended 

by striking out "the Virgin Islands, Ameri- can Samoa. Guam. and the Trust TelTltory of the Pacific Islan·ds" and Inserting "as 

defined In section 103(7) .... SEC. 206. (a) Section 223(0.) of that Act Is 

amended to read as follows: 

"(a) In order to receive formula grants under this part. a state shall submit a plan for carrying ont Its purposes In accordance 

with regulations established under this title. 

such plan must--... 

(b) Section 223 (a) (3) (UI) of that Act Is 

amended by striking out "established pursuant to seotlon 203(0) of Lile Omnibus 

Crime Control and Safe Streets Act of 1968. as amended". 

(c) Section 2!l3(a) (3) (Iv) of that Act Is 

amended by striking out "section 520(b) of 

the Omnibus Crime Control and Safe Streets 

Act of 1968. as amended." and Inserting "section 1002 of the Omnibus Crime Control and 

Safe Streets Act of 1968. as IImen.ded .... (d) Section 223(a) (3) (B) ot that Act Is 

amended by Inserting "special 11.1ucatI01l." 

Immediately before "or youth services departments". 

Ce) Section '223(a) (3) (0) of that Act Is 

amended-

(1) by InsertIng "special education" immediately before "or SOCial services for children"; and 

(2) by Inserting "and other handicapping conditions" Immediately after "learning disabilities". • 

(f) Section 223(a) (15) ot that Act Is 

amended by striking out "mentally retarded 

and emotionally or physically". 

It, 

, "~ 

. May 20, 1980 CONGRESSIONAL RECORD -SENATE 85609 

(g) Section 223(a) ot that Act III amended 

by striking out the lllllt sentence. 

(h) Section 228(c) of that Act Is amended 

by striking out ". with the concurrence ot 

the Associate Administrator .... (I) Section 228(d) of that Act III amended 

by striking out ", In accordance with IeCtlons 509. 510. and 511 of tltl8 I of the Omnibus Crime Control and Safe Streets Act 

of 1968 .... 

SI:C. 207. Section 22"(a) (11) of that Act 

Is amended by Inserting "and other bandlcapping conditions" Immediately after 

"learning disabilities". 

SEC. 208. The Juvenile Justice and Delinquency Prevention Act of 197" Is amended 

by substituting "Priority Juvenile" tor 

"Special Emphllllls" each time It appeara. 

SEC. 209. Beotion 225(b) (5) and (8) of 

that Act Is amended by striking out "plannIng agency" and Inserting "advisory group". 

SEC. 210. Section 225(b) (8) of that Act 

Is amended by striking out "agency" the 

l1rst time Is appears and Inserting .. advlao ..... group". ., 

Sl:c. 211. Ca) Section 228(b) of tbat Act 

Is amended by striking out "not funded by 

the Law Entorcement AsSistance Adminis- tration .... 

(b) Section 228(g) ot tbat Act I. 

amended-

(I) by striking out "part.. and InaertlnlP 

"title"; and .. 

(2) by striking out "or will become available by vlrtuG ot the application of the pro- visions ot section 509 of the Omnibus Crime 

Control and Safe Streets Act of 1968. at 

amended", 

SEC. 212. Ca) Section 2"1(c) of that Act 

Is amended by striking out "Law Enforcement and Criminal", 

(b) Section 241 (d) of that Act Is amended 

by Inserting "and speCial educational"lmmedlately after "other educational". 

SEC. 213. (a) Section 261(a) of that Act 

Is amended to read as follows' 

"Ca) To carry out the purpo~s of this title 

there as authorized to be appropriated ,lIlO.- 000.000 tor each of the nscal years ending 

September 30. 1981 and 1982. '175.000,000 for 

thtl fiscal year ending September 30. 1983. and 

'200,000.000 tor each ot the nscal years ending 

September 30. 198<1 and 1985. Appropriated funds not obllgl'.ted by the end of each tlscal 

year. shall be allocated directly to the States 

participating In the Act on the basis of relative popUlation of people under age eighteen 

tor the purpose of Implementing scctlon 223 

(a) (HI), no later than January 1. Of the 

subsequen t ficlcul year .... 

(b) S~(·t.lon 261 (b) of that Act Is amended 

to read t...'1 :u:lowa: 

penses other than those support services performed for the OMce by the Office of Justice 

Assistance, Research. and Statistics.". 

Sl:c. 215. Bectlon 263 (a). (b). and (c) of 

that Act are amended to read as follows: 

"SEC. 263. The amendments made by the 

Juvenile Justice and-Delinquency Pl'eventlon 

Act Amendments of 1980 shall take effeot 

upon enactment.'·, 

TiTLE III-AMENDMENTS TO THE 

RUNAWAY YOUTH ACYr 

SEC. 301. Amend the caption "TITLE IURUNAWAY YOUTH" by Inserting "AND 

HOMELESS" immediately alter . "RUNAWAY". 

SEC. 302. Section 301 ot the Juvenile Justice and DeUnquency Pl'eventlon Act of 1974 

la amended by Inserting "and Homele.'lII" 

immediately after "Runaway". 

SEC. 303. (a) Section 302(1) ot that Act 

Is amended by adding "or who are otherWise 

bomeless" after "permission". 

(b) Section 302(2) Of that Act Is amended 

by adding "and homeless" after "runaway". 

SEC. 304. (a) Section 311 ot that Act Is 

amended by Jnsertlng "(a)" Immediately after "SEC. 311.". . 

(b) Section. 311 of that Act Is amended 

by adding at the end thereof the follOWing: "(b) The Secretary Is authorIzed to make 

grants for the purposes of providing a na.- tlonal telephone communications system to 

link runaway and homeless youths with 

their famlUes and with service providers 

"(0) (1) In addition. the Secretary Is au- thorized to make grants and to enter Into 

contracts with governmental and nonprofit private agencies for the purposes of providIng counseling and other services to meet 

the Immediate needs ot runaway or otherwise homeless youth. youth In trouble or In 

crisis. and the farolUes ot such youth. In a manner Which Is outside the law entorce- m~nt structure and juvcnlle justice system. (2) The Secretary may provide technical 

assistance and training to such agencies who 

receive grants or enter Into contracts under 

this subsection. 

"(3) The size Of the grant or contract shall 

be determined by the number of such youth 

and families In the community and the 

existing avallablllty ot such services .... SEC. 305. (a) Section 312(a) of that Act 

Is amended by striking the period and Inlertlng "or who are otherwise homeless.". 

(b) Section 312(b) (5) of that Act Is 

amended by Inserting "and homeiess" after 

"runaway" the tirst time It appears. 

SEC. 306. (a) Section 315(1) of that Act 

Is amended by adding "and homeless" after 

"runaway". 

(b) Section 315 of that Act Is amended-

(1) by Inserting "(a)" Immediately after 

"Soo, 315."; and 

(2) by adding at the end thereof the following: 

"(b) In addItion to the funds appropriated 

under sen !On 261(1') ot the Juvenile J~st1ce 

and Dllllnqllcncy Prevention Act of 1974 

there &hllll be maintained trom approprlB~ 

tlons tor each fiscnl year. at least 19.15 per 

cent'lm or the total appropriations under 

title I ot the Omnibus Crime Control and 

Sate Steets Act ot 1968. for juvenile dellnquency programs, with emphaSis on programs 

aimed to curb violent crimes commlt,ted by 

Juvenlles. nalllely. murder. forcible rape. robbc!'y, aggravated assault, and arson InvolvIng bodlly harm. partlcularll' to the areas ot 

Identification. apprehension. speedy adJudication. sentencing and rehabll1tat!on. This 

subsection shall be waived when the total 

appropriations for each fiscal year under title 

I ot tile Omnibus Crime Control and Safe 

Streets Act of 1968 do not exceed 'lliO.OOO.OOO. 

Implementation. Inc111dlllg guidelines, ot this 

subseotlon shall be the responsll'rlllty ot the 

Administrator of the Omce. ". 

"(b) The Secretary III authorized to design the Information Instruments required to collect any In!ormatlon necessary to comply with the reporting requirements ot this sec- tion. and to assess the need for. and to determine the effectiveness ott programs and serv- Ices tunded under thlll part.'·. 

SEC. 307. Section 341(a) ot that Act Is 

amended to read as follows: 

SEC. 21". Section 262 of that Act Is amended 

to read as follows: 

. "SEC. 262. Of the appropriation for the 

Omce under this Act. there shall be allocated an adequate amount for administrative ex-

"(a)' To carry out the purposcs of part A 

of this title there Is authorized to be ap- proprln.tcd "25.000,000 for each ot the fiscal 

years ending September 30. 1981 1962 1983 1984. and 1981i,". ,.. 

TITLE IV--MISCEI,LANEOUS CONFORMING 

AMENDMENTS 

SEC. "o1. Section 5318 of tltle 6, United 

States Code. Is amended by striking out 

"Associate AdmInistrator. Office of Juventle 

Justice and DelinqUency Prevention" and inserting "Aclmlnlstrator. Office ot Juvenile 

Justice and Delinquency Prevention". 

69 

SEC. 402. Section "351(b) of title 18. United 

States Code Is amended by strlklng out 

"Associate". -

SEC. 403. Seotlon 1002 of title I of the 

Omnibus Crime Control and Safe Streett> 

Act of 1968 Is amended to rend as follows' 

"SEC. 1002. In addition to the funds e.pp~o­ printed under section 261(a) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974. there shall be ma.intalned tr~':Il appro- priatiOns tor each fiscal year. at least 19.11i 

per .cantum of the toml a.pproprlatlons un- der this tlt),e. for juvenUe del1nquency programs. with emphaSis on programs a.imed to 

curb violent crimes committed by Juveniles. 

namely. murder. forcible rape, robbery. ag_ 

gravated assault. and arson Involving bodily 

harm. particularly to the areas of Identification. appr.ehenslon. speedy adjudication. sentenclllg and rehabIlitation. This section 

shall be waived when the total appropriations 

tor each fiscal year Under this tit':') do not 

exceed $160,,000,000. Implementation. InclUdIng guldel1nes. o~ this section sh(~ be the 

responSlblJolty ot the Administrator of the 

Office.". 

SEO. 404. The JuviinUe Justice and Delinquency Prevention Act of 1974 Is amended 

,by striking out "Associate" each time It 

a"1:lears. 

NIr. BAYH. Mr. PreSident, I suggest the 

absence of a' quorum. 

The PRESIDING OFFICER. The clerk 

will call the roll. 

The legir.lative clerk proceeded to call the roll. . 

Mr. BAYH. Mr. PreSident. I ask unanimous consent that the order for the 

quorum call be rescinded. 

The PR~SID!NG OFFICgR. Without 

objection. It is so ordered. 

Mr. ROBERT C. BYRD. Mr. PreSident, 

I move to reconsIder the vote by which 

the bill passed. 

Mr. BAYH. I move to lay that motion 

on the table. 

The motion to lay on the table was agreed to. 

, 
.. 

, 

" 

, . , I . 

STATEMENT BY SENATOR MATHIAS FOlLOWING SENATE 

PASSAGE OF S. 2441, A BILL TO AMEND THE 

JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974, 

MAY 22, 1980 

71 

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85764 

JUVENn.E JUSTICE AND DELINQUENOY PREVENTION ACT 

Mr. MATHIAS. Mr. President. the reauthorization of the JuvenUe Justice and 

Delinquency Prevention Act gives Us the 

chance to take a clooe look at our national effort to combat juvenile delinquency and detenntne what direction 

this effort should take in the futUre. 

In the past few Years, we have tried to 

find Q, balance between protecting tho 

public and providing OUr troubled youth with an oPPOrtunity to live productive, noncriminal lives. The Juvenile Justice 

and Delinquency Prevention Act of 1974 

and the amendments of 1977 have been 

the primary vehicles for seeking this balance on the Federal level. 

Even so, the alarming crime rate 

among youngsters continues and has 

quite naturally triggered a "get-tough," "lock-em-uJ)" attitude on the part of 

many people. EXpCrience has taUght us. 

however, that our prisons serve as graduate schools in crime, pure and simple. Instead, prevention of delinquency and 

rehabUttation of juvenile offenders must 

be the focus of our efforts. 

In my home State of Maryland. Juvenile delinquency has decreased and, at 

the same time. Maryland has succeeded 

in completely removing all jUveniles from adult jails. I am prOud of these accompUsh~ents. and of the various 

programs In the State which have made 

these advances possible. Many of these 

programs were made possible throuch 

the JUvenile JUstice and Delinquency Act. 

S. 2441, the Juvenile JUstice and Delinquency Prevention Act Amendments 

of 1980, renews our congressional com-, 

mttmem to prevent Juvenile delinquency for an additional 5 years. It also r('au- thorizes the Runaway Youth Act. The 

purpose of the Runaway Youth Act is to 

create a network to provide assistance 

and protection to homeless youths, youths on the run. Tho reaRons YOUllf: 

people become runaways arc complex and deep-seated: Parental drug and 

alcohol abuse, persona) strife, parentnl emotional Instabilities, peer relationships, trouble at school and parentnl abuse p.re aU viewed as contributing factors. Other young people would more 

properly be termed "throw-aways"_ they have left home because they have 

been told they are no longer Wanted and 

must leave. These kids are truly home~ 

less. Wh(ln a troubled youth runs to escape from his or her enVironment, it Is 

bnperative that there be someone, somewhere, to listen, to help, to pro\'ide pro- tection cnd survival needs. The Runaway Youth Act is the Federal Government's attempt to encourage and aid 

states 111 this important work, and to 

help children in this Situation outside 

of tho ju\'enlle JUstice system. 

A few days ago, I called to the attention or my colleagues an article by Oarl 

Rowan Which appeared in tbe Washington star entltJed "Some sad Facts About 

America's Ohildren." At that time, it 

occurred to me that as we strive to conserve the Nation's tillanclal resources, 

we must also take stepS to insure that 

precious human resources arc not 

wasted, 'l'he annUal coot of Juvenile dePreceding page blank 

CONGRESSIONAL RECORD-SENATE May 22, 1980 

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85765 

Hnquency is enormous in economic 

terms. But it is even more devastating 

ill human terms. An effective Federal 

campaign to prevent juvenile deUnqucmcy may result in a brighter future 

for countless young people; tbat Is my idea of a cost-effective program. 

I commend the Senator from Indiana 

(Mr. BAvn) for his dedication and hard 

work on this reauthorizing legislation and for his ndvocncy of a more humane 

and constructive jUvenile justice systelQ. 

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TEXT OF H~R. 6104, AS Itf.['R()DUCED IN rrHE HOUSE, 

'ID Al£ND 'l1:IE JUVENILE Jtm'ICE AND DELINQUENCY 

PREVEm'ION A~ OF 1974 (ANDRE.WS BILL) 

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JUVENILE JUSTICE Al\IENDl\IENTS OF 1980 

WEDNESDAY, MARCH 19, 1980 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON HUMAN RESOURCES, 

EDUCATION AND LABOR COMMITTEE, 

Washington, D.O. 

The subcommittee met at 10 a.m'.dlUrsuant to notice, in room 2261t Rayburn House Office Building, Hon. Ike Andrews (chairman 01 

the subcommittee) presiding. Members present: Representatives Andrews, Coleman, and Kildee. 

Staff present: Gordon A. Raley, staff director; Deborah L. Hall, 

clerkj and John E. Dean, minority legislative associate. 

[Text of H.R. 6704 follows:) 

(1) 

Preceding page blank 77 

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96TH OONGRESS H R 6704 2D SBSSION •• 

To amend the Juvenile JUltice and Delinquency Prevention Act 01 197. to 

extend the authorization 01 appropriatiODll for such Act, and lor other 

plll'pOlel. 

IN THE HOUSE OF REPRESENTATIVES 

MuCH 5, 1980 

1Ir. AND •• we 01 North Carolina (lor himlell, Mr. PERKINS, and Mr. COLEMAN) 

introduced the 101\owing bill; which wu relerred to the Committee on Education and Labor 

A BILL 

To amend the Juvenile Justice and Delinquency Prevention Act 

of 1974 to extend the authorization of appropriations for 

such.Act, and for oth,er purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 

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SHORT TITLE 

SEOTION 1. This Act may be cited as the "Juvenile 

5 Justice Amendments of 1980". 

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1 AUTHORIZATION OF APPROPRIATIONS 

2 SEO. 2. (a) Section 241(a) of the Juvenile Justice and 

3 Delinquency Prevention Act of 1974, as so redesignated in 

4 section 14, is amended5 

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(1) by striking out "$150,000,000" and all that , follows through "1979, and"; and 

(2) by striking out '~for the fiscal year ending Sep8 tember 30, 1980" and inserting in lieu thereof "for 

9 each of the fiscal years ending September 30, 1981, 

10 September 30, 1982, September 30, 1983, and Sep11 ' tember 30, 1984". 

12 (b) Section 341(a) of the Juvenile Justice and Delin13 quency Prevention Act of 1974 (42 U.S.C. 5751(a» is 

14 amended by striking out "June 30, 1975" and all that fol15 lows through "1980" and inserting in lieu thereof the followi6 ing: "September 30, 1981, September 30, 1982, September 

17 30,1983, and September 30, 1984". 

18 :FINDINGS 

19 SEO. 3. Section 10 1 (a) of the Juvenile Justice and De20 linquency Pre,:ention Act of 1974 (42 U.S.C. 5601(a» is 

21 amended-. 

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(1) in paragraph (4) thered, by inserting "alcohol 

and other" after "abuse"; 

(2) in paragraph (6) thereof, by striking out "and" 

at the end thereof; 

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(3) in paragraph (7) thereof, by striking out the 

period at the end thereof and inserting in lieu thereof 

"; and"; and 

(4) by !lading at the end thereqf the following new 

paragraph: 

"(8) the juvenile justice system should give additional attention to the problem of juveniles who commit 

serious crimes, with particular attention given to the 

areas \"f sentencing, providing resources n~cessary for 

illfor~lIcd dispositions, and rehabilitation.". 

Ptl"RPOSE 

~EC. 4. Section 102(b)(1) of the Juvenile Justice and 

13 Delinquency Prevention Act of 1974 (42 U.S.O. 5602(b)(1» 

14 is amended by inserting before the semicolon'lt the end 

15 thereof thc following: ", including methods with a special 

16 focus on maintaining and strengthening the family unit so 

Ii Ihnl jll\'l'lIilt'S III:I,\' lit' rt,f'litll'd in IIlt'ir hnnlt's", 

I:' 

20 Delinquency Prevention Act of 1974 (42 U.S.O. 5603(1» is 

21 amended by inserting "special education," after "training,". 

22 (b) Section 103(4) of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.O. 5603(4» is 

24 amended to read as follows: 

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"(4)(A) the term 40ffice of Justice Assistance, Research, and Statistics' means the office estlllblished by 

section 801(a) of the Omnibus Orime Oontrol and Safe 

Streets Act of 1968; 

"(B) the term 4Law Enforcement Assistance Adminfstration' means the administration established by 

section 101 of the Omnibus Orime Oontrol and Safe 

Streets Act of 1968; 

"(C) the term 4National Institute of Justice' 

means the institute established by section 202(a) of the 

Omnibus Crime Control and Safe Streets Act of 1968; 

and 

"(D) the term 'Bureau of Justice Statistics' means 

the bureau established by section 302(a) of the Omnibus Crime Control and Safe Streets Act of 1968;". 

16 (c) Section 103(7) of the Juvenile Justice and Delin17 quency Prevention Act of 1974 (42 U.S.C. 5603(7» is 

18 amended by striking out 4'and any territory or possession of 

19 the United States" and inserting in lieu thereof Hthe Virgin 

20 Islands, Guam, American Samoa, and the Commonwealth of 

21 the Northern Mariana Islands". 

22 (d) Section 103(9) of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.C. 5603(9» is 

24 amended by striking out "law enforcement" and inserting in 

25 lieu thereof "juvenile justice and delinquency prevention". 

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1 (e) Section 103(12) of the Juvenile Justice ,and Delin2 quency Prevention Act of 1974 (42 U.S.O. 5603(12» is 

3 amended to read as follows: 

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44(12) the term 4secure detention facility' means 

any public or private residential facility whichU(A) includes procedures or construction fIXtures, or both, designed to physically restrict the 

movements and activities of juveniles or other individuals held in lawful custody in such facility; 

and 

U(B) is used for the temporary placement of 

any juvenile who is accused of having committed 

an offcnsc, of any nonoffender, or of any other in- " 

dividual accused of having committed a criminal 

offense;" . 

(0 Section 103 of the Juvenile Justice and Delinquency 

17 Prevention Act of 1974 (42 U.S.O. 5603) is amended18 

19 

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(1) by redesignating paragraph (13) as paragraph 

(15); and 

(2) by inserting after paragraph (12) the following 

new paragraphs: 

"(3) the term 'secure correctional facility' means 

any public or private residential facility which-

"(.-\.) includes procedures ,or construction fixtures, or both, designed to physically restrict the 

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movements and activities of juveniles or other individuals held in lawful custody in such facility; 

and 

U(B) is used for the place~ent, after adjudication and disposition, of any juvenile who has 

been Il-djudicated as having committed an offense, 

any nonof~ender, or any other individual convicted 

of a criminal offense; 

44(14) the term 'serious crime' means criminal 

homicide, forcible rape, mayhem, kidnapping, aggravatcd assault, robbery, larceny or theft, motor vehicle 

theft, burglary or breaking and entering, extortion accompanied by threats or violence, and arson punishable 

as a felony; and". 

(g) Section 103(15) of the Juvenile Justice and Delin16 qucncy Prevention Act of 1974, as so redesignated in subsec17 tion (0(1), is amended18 

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(1) by inserting "special education," after ueducational,"; and 

(2) by striking out uand benefit the addict" and 

all that follows through u, and his" and inserting in 

lieu thereof u, including services designed to benefit 

addicts and other users by eliminating their dependence 

on alcohol or other addictive or nonaddictive drugs or 

by controlling their dependence and". 

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OJ<'FIOE OJ<' JUVENILE JUSTICI~ AND DEIJINQUENCY 

I'REVENTION 

SEC. 6. (a) Section 201(a) of the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (42 U.S.O. 5611(a» is 

5 amended by striking out HLaw Enforcement Assistance Ad6 ministration" and inserting in lieu thereof "under the general 

7 authority of the Attorney General". 

8 (b) Section 201(d) of the Juvenile Justice and Delin9 quency Prevention Act of 1974 (42 U.S.O. 5611(d» is 

10 amended11 (1) in the first sentence thereof, by strJdng out 

12 "direction of" and all that follows through "Adminis13 tration", and inserting in lieu thereof "general authori14 

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ty of the Attorney General"; 

(2) in the second sentence thereof, by striking out 

Ie, subject to the direction of the Administrator,", and 

by inserting "prescribe regulations for," before 

"award"; 

(3) in the third sentence thereof-

(A) by inserting "of the IJaw Enforcement 

Assistance Administration and the Director of the 

National Institute of Justice" after "Administra_ 

tor" the rust place it appears therein; and 

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(B) by inserting Hof the Office of Juvenile 

Justice and Delinquency Prevention" after 41 Administrator" the last place it appears therein; and 

(4) by striking out the last ,sentence thereof. 

5 (c) Section 201(e) of the Juvenile Justice nnd Delin6 quency Prevention Act of 1974 (42 U.S.O. 5611(e» is 

7 amended by striking out HAdministrator of the Law Enforce8 ment Assistance Administration" and inserting in lieu thereof 

9 HAttorney General". 

10 (d) Section 201(0 of the .Juvenile Justice nnd DelinU quency Prevention Act of 1974 (42 U.S.O. 5611(0) is 

12 amended13 (1) by striking out "Administrator" the last place 

14 it appears therein and inserting in lieu thereof "Attor15 ney General"; and 

16 (2) by striking out "National Institute" and all 

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that follows through "this' Act" and inserting in lieu 

thereof "staff activities of the O~uncil on Juvenile justice and Delinquency Prevention established by section 

206". 

CONCENTRATION OF FEDERAL EFFORTS 

22 SEC. 7. (a) Section 204(b) of the Juvenile Justice and 

23 Delinquency Prevention Act of 1974 (42 U.S.O. 5614(b» is 

24 amended85 

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(1) by striking out ", with thc assistance of the 

Associate Administrator,"; and 

(2) in paragraph (6) thereof, by insertin~ Hand 

training assistance" after "technical assistance". 

5 (b) Section 204 of the Juvenilc Justice a.nd Delinquency 

6 Prevention Act of 1974 (42 U.S.C. 5614) is amended by . 7 adding at the end thereof the following new subsection: 

8 "(m) To carry out the purposes of this section, there is 

9 authorized to be appropriated for each fiscal year an amount 

10 which does not exceed 7.5 percent of the total amount appro11 priated to carry out this title.". 

12 COORDINATING COUNCIL ON JUVENILE JUSTICE AND 

13 DELINQUENCY PREVENTION 

14 SEO. 8. (a) Section 206(a)(1) of the Juvenile Justice and 

15 Delinquency Prevention Act of 1974 (42 U.S.C. 5616(8)(1» 

16 is nmended17 (1) by inserting "the Secretary of Education, the 

18 Secretary of Housing and Urban Development, the Di19 rector of the Community Services Administration," 

20 after ClSecretary of Labor,"; and 

21 (2) by striking out "the Secretary ?f Housing and 

22 Urban Development," and inserting in lieu thereof 

23 "the Director of the Bureau of Prisons, the Commis24 sioner of the Bureau of Indian Affairs, the Director for 

25 the Office of Special Education and Rehabilitation 

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Services, the Commissioner for the Administration for 

Children, Youth, and 'Families, and the Director of thc 

3 Youth Developmcnt Bureau,". 

4 (b) Section 206(c) of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (42 U.S.C. 5616(c» is 

6 amended7 

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(1) by st-liking out "the Attorney General and"; 

(2) by inserting ", and to the Congress," after 

"President"; and 

(3) by adding at the end thereof the following new 

sentence: ':The Council shall review, and make recommendations with respect to, any joint funding proposal 

undertaken by the Office of Juvenile· Justice and Delinquency Prev~ntion and any agency represented on 

15 the Council.". 

16 (c) Section 206(d) of the Juve,nile Justice and Delin17 queney Prevention Act of 1974 (42 U.S.C. 5616(d» is 

18 . I.lmended by striking out "a minimum of four times per year" 

19 and inserting in lieu thereof "at least quarterly". 

20 (d) Section 206(e) of the Juvenile Justice and Delin21 quency ,Prevention Act of 1974 (42 U.S.C. 5616(e» is 

22 amended by striking out "may" and inserting in lieu thereof 

23 "shall". 

24 (e) Section 206(g) of the JU'\r~nile Justi~e and Delin25 quency Prevention Act of 1974 (42 U.S.C. 5616(g» is 

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III/Wllllcd by inserting ", not to exceed $500,000 for each 1 problems of youth unemployment, school violence and van2 risenJ year" before the period at the end thereof. 2 daIism, and learning disabilities. 

3 NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE 3 "(3) At least 3 of the individun.ls appointed as members 

4 AND DELINQUENCY PREVENTION 4 of the Advisory Oommittee shall not havc attained 24 years 

5 SEC. 9. Part A of title IT of the Juvenile Justice and 5 of age on or before the date of their appointment. At least 2 

6 Delinquency Prevention Act of 1974 (42 U.S.O. 5611 et 6 of the individuals so appointed shall have been or shall be (at 

7 seq.) is amended by striking out section 207, s~ction 208, and 7 the time of appointment) under the jurisdiction of the juvenile 

8 section 209, and inserting in lieu thereof the following new 8 justice system. The Advisory Oommittee shall contact and 

9 section: 9 seek regular input from juveniles currently under the jurisdic10 "NATIONAJJ ADVISORY COMMITTEE FOR JUVENILE . , 10 tion of the juvenile justice system. 

11 JUSTICE AND DELINQUENCY PREVENTION I 11 "(1) The President shall designate the Ohairman from 

12 "SEC. 207. (a)(1) There is hereby established a National 12 members appointed to the Advisory Oommittee. No full-time 

13 Advisory Oommittee for Juvenile Justice and Delinquency 13 officer or employee of the Federal Government may be ap14 Prevention (h~reinafter in this Act referred to as the 'Adviso- 14 pointed as a member of the Advisory Oommittee, nor may 

15 ry Oommittee') which shall consist of 15 members appointed 15 the Ohairman be a full-time officer or employee of any State 

16 by the President. 16 or local government. 

17 "(2) Members shall be appointed who have special 17 1/(b)(I) Members appointed by the President shall serve 

18 knowledge concerning the prevention and treatment of juve- . i 18 for terms of 3 years. Of the members ftrst appointed, 5 shall \ 19 nile delinquency or the administration of juvenile justice, such 19 be appointed for terms of 1 year, 5 shall be appointed for 

20 as juvenile or family court judges; probation, correctional, or 20 terms of 2 years, and 5 shall be appointed for terms of 3 

21 law enforcement personnel; representatives of private, volun- 21 years, as designated by the President at the time of appoint22 tary organizations and community-based programs, including 22 ment. Thereafter, the term of each member shall be 8 years. 

23 youth workers involved with alternative youth programs; and 28 The initial appointment of members shall be made not later 

24 persons with special training or experience in addressing the 24 than 90 days after the effective date of this section. 

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13 1 "(4) mn'ke refinements in recommended, standards 

1 "(2) Any member appointed to fill II. vacancy occurring 2 for the administration of juvenile justice at the Federal, 2 11 before the expiration of the term for which the predecessor of 3 State, and ~oeallevels which have been, reviewed under 

3 such member was appointed shall be appointed only for the 4 section 24:7 (as such section is in effect on the day 4 remainder of such term. The President shall fill a vacancy 5 before thfl effective date of this paragraph), and recom5 not later than 90 days after such vacancy Occurs. Members 6 mend Fflderal, State, and local action to facilitate the 

6 shall be eligible for reappointment and may serve after the 7 adoption of such standards throughQut the United 

7 expiration of their terms until their Successors have taken 8 Staterl. 

8 office, but not to exceed 90 days. 9 lI(e) Beginning in 1981, the Advisory Oommittee' shall 

9 lI(e) The Advisory Oommittee shall meet at the call of 10 submit ,.mch interim reports as it considers advisable to the 

10 the Ohairman, but not less than quarterly. Ten members of 11 Presid,ent and to the Oongress, and shall submit an annual 

11 the Advisory Oommittee shall constitute a quorum .. t 

12 report 'to the President and to the Oongress not later than : 

12 "(d) The Advisory Oommittee shall13 March 31 or each year. Each such report shall deacribe the 

13 11(1) review and evaluate, on a continuing basis, 14 activities of the Advisory Oommittee and shall contain such 

14 Federal policies regarding juvenile justice and delin- 15 findings and recommendations as the Advisory Oommittee 

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queney prevention and activities &Hecting juvenile jus- 16 considers necessary or appropriate. 16 tice and delinquency prevention conducted or assisted , , 17 //(0 The Advisory Oommittee shaIi have staff personnel, 17 by all Federal agencies; 18 appointed by the Ohairman with the approval of the Advisory 18 "(2) advise the AdmInistrator with respect to par- 19 Oommittee, to assist it in oarrying out its activities. The head 

19 tieular functions or aspects of the work of the Office' 20 ot each Federal agency shall make available to ~he Advisory , 20 11(3) advise, consult with, and make recommenda_ 21 Oommittee such information and other assistance as it may 21 tions to the Nationfll Institute of Justice concerning 22 require to carry out its activities. 22 the overall policy and operations of the Institute re- 23 11(g)(1) Members of the Advisory Oommittee shall, while 28 garding juvenile justice and delinquency prevention re- 24 serving on business of the Advisory Oommittee, be entitled to 24 search, evaluations, and training provided ,by the Insti- 25 receive compensation at a rate not to exceed the daily rate 25 tute; and 

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slleeified for Gradtl GS-18 of the General Schedule in section 16 

2 5382 of title 5, United States Oode, including traveltime. .1 1 is amended by striking out Hconsistent with the provisions" 1 

3 "(2) Members oC the Advisory Oommittee, while serving 2 and all that follows through "Such plan must" and inserting 

4 away from their places of residence or regular places of busi- 3 in lieu thereof the following: "applicable to a 3-ycar period. 

5 ness, shali be entitled to reimbursement Cor travel expenses, 4 Such plan shall be amended annually to includc new pro6 including per die~ in lieu of subsistence, in the same manner 5 grams, and the State shall submit annual performance re7 as the expenses authorized by section 5703(b) oC title 5 . 6 ports to the Administrator which shall describe progress in , 

8 United States Oode, for persons in the Federal Government 7 implementing programs contained in the original plan, and 

9 service employed intermittently. 8 shall describe the status of compliance with State plan re10 "(h) To carry out, the purposes oC this section, there is 9 quirements. In accordance with regulations which the Ad11 authorized to be appropriated such sums as may be neces- 10 ministrator shall prescribe, such plan shall". 

12 sary, not to exceed $500,000 for each fiscal year.". l! (2) Section 223(a)(3)(A) of t!>e Juvenile Justice and De13 ALLOCA~ION 12 linquency Prevention Act of 1974 (42 U.S.O. 5633(a)(3)(A» 

14 SEC. 10. The first sentence of section 222(b) of the Ju- 13 is amended by striking out "twenty-one" and inserting in lien 

15 venile Justice and Delinquency Prevention Act of 1974 (42 14 thereof "15". 

16 U.S.O. 5632(b» is amended by striking out "in a manner" 15 (3) Section 223(a)(3)(B) of th~ J'uvenile Justice and De17 and all that fonows through "part" and inserting in lieu 16 linquency Prevention Act of 1974 (42 U.S.O. 5633(a)(3)(B» 

18 thereof "in an equitable manner to the States which are de- 17 is amended19 tertnined by the Administrator to be in compliance with the 18 (A) by inserting Hlocally elected officials," after 

20. requirements of section 223(a)(12)(A) and section 223(0.)(13) 19 Hinclude"; and 

21 for use by such States in a manner consistent with the pur- 20 (B) by inserting "special education," after "educa22 poses of section 223(a)(10)(H)". 21 tion,". 

23 STATE PLANS 22 (4) Section 223(a)(3)(E) of the Juvenile Justice and De24 SEC. 11. (a)(1) Section 223(a) of the Juvenile Justice 23 linquency Prevention Act of 1974 (42 U.S.O. 5633(a)(3)(E» 

25 and Delinquency Prevention Act of 1974 (42 U.S.O. 5633(0.» 24 is amended- " i 

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(A) by striking out "ono-third" and inserting in 

lieu theroof "onc-fifth" j 

(B) by striking out "twcnty-six" and inserting in 

lieu thercof "24"j 

!j (C) by inserting ", and" after "appointment"j and 

6 (D) by striking out "of whom" and inserting in 

7 lieu thereoC "of whose members". 

8 (5) Section 223(a)(3)(F) of the Juvenile Justice and De9 linquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)OO) 

10 is amended11 (A) by striking out "(ii) may advise" and all that 

12 follows' through "requestedj" and inserting in lieu 

13 thereof "(ii) shall submit to the Governor and the legis14 lature at least annually recommendations with respect 

15 to matters related to its functions, including State com16 pliance ",ith the requirements oC .paragraph (12)(A) and 

17 paragraph (13);"; and 

18 (B) by adding at the end thereof the Collo,ving: 

19 "and M shall contact and seek regular input from ju20 veniles currently under the jurisdiction of the juvenile 

21 justice systemj". 

22 (6) Section 223(a)(3)OO(iii) of the Juvenile Justice and 

23 Delinquency Prevention Act of 1974 {42 U.S.C. 

24 5633(a)(3)OO(iii» is amended by striking out "and" at the 

25 end thereof. 

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1 (7) Section 223(a)(8) of the Juvenile Jw;tice and Delin2 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(8» is 

3 amendcd to read as follows: 

4 "(8) provide for (A) an analysis of juvenile crime 

5 problems and juvenile justice and delinquency preven6 tion needs ,\ithin the relevant jurisdiction, a description 

7 of the services to be provided, and a description of per-

'8 formance goals and priorities, including a specific state9 ment of the manner in which proffl'ams are expected to 

10 meet the identified juvenile crime problems and juve11 nile .justice and delinquency prevention needs of the ju12 risdictionj (B) an indication of the manner in which the 

13 programs relate to other similar State or local pro14 grams which are intended to address the same or simi15 lar problems; and (C) a plan for the concentration of 

16 State efforts which shall coordinate all State juvenile 

17 delinquency programs with respect to overall policy 

18 and development of objectives and priorities for all 

19 State juvenile delinquency programs and activities, in20 cluding provision for regular meetings of State officials 

21 with responsibility in the area of juvenile justice and 

22 delinquency preventionj". 

23 (8) Section 223(a)(1O) of the Juvenile Justice and Delin24 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(10» is 

25 amellded-:.. 

95 

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15 

16 

17 

18 

19 

19 

(A) by striking out "juvenile detention and correctional facilities" and inserting in lieu thereof ",confinement in secure det.ention facilities and secure correctiona I facilities"; 

(B) by striking out "and" the fifth place it appears therein: 

(C) by inserting after "standards" the following: 

" and to provide programs for juveniles who have 

committed serious crimes, particularly programs which 

are designed to improve sentencing procedures, provide 

resources necessary for infonned dispositions, and provide for effective rehabilitation"; and 

(D) by adding at the end thereof the following 

new subparagraph: 

"(J) projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of juvenile 

gangs and their members:". 

(9) Section 223(a)(lO)(A) of the Juvenile Justice and 

20 Delinquency Prevention Act of 1974 (42 U.S.C. 

21 5633(a)(10)(A» is amended by inserting "education, special 

22 education," after "home programs,". 

23 (10) Section 223(a)(10)(E) of the Juvenile rrustice and 

24 Delinquency Prevention Act of 1974 (42 U.S.C. 

25 5633(a)(10)(E» is amended by striking out "keep delinquents 

96 

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20 

1 and to", and by inserting "dclinquent youth and" aftcr 

2 "encourage". 

3 (11) Section 223(a)(10)(11) of the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (42 U.S.C. 

5 5633(a)(10)(II) is amended to read as follows: 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

"(II) statewide programs through the use of 

subsidies or other financial incentives to units of 

local government designed to-

"(i) remove juveniles from jails and 

lockups for adults: 

"(ii) replicate juvenile programs designated as exemplary by the National Institute 

of Justice: or 

"(iii) establish and adopt, based upon 

the recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the State:". 

18 (12) Section 223(a)(lO)(I) of the Juvenile Justice and 

19 Delinquency Prevention Act of 1974 (42 U.S.C. 

20 5633 (a) (1 0) (I) is amended to read as follows: 

21 

22 

23 

24 

25 

"(1) programs designed to develop and implement projects relating to juvenile delinquency and 

learning disabilities, including on-the-job training 

programs to assist law enforcement and juvenile 

justice ,personnel to more effectively recognize and, 

97 

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1 provide for learning disabled and other handi2 capped juveniles; and". 

3 (13) Section 223(a)(12)(A) of the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (42 U.S.O. 

5 5633(a)(12)(A» is amended by striking out "juvenile de ten6 tion or correctional facilities" and inserting in lieu thereof 

7 "secure detention facilities or secure correctional facilities". 

8 (14) Section 223(a)(14) of the Juvenile Justice and De9 linquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14» is 

10 amended by inserting before the semicolon at the end thereof 

11 the following: ", except that such reporting requirements 

12 sh.all not apply in the case of a State which is in compliance 

13 with the other requirements of this paragraph, which is in 

14 compliance with the requirements in paragraph (l2)(A) and 

15 paragraph (13), and which has enacted legislation which con16 forms to such requirements and which contains, in the opin17 ion of the Administrator, sufficient enforcement mechanisms 

18 to ensure that such legislation will be administered 

19 effectively". 

20 (b) Section 223(c) of the Juvenile Justice and Delin21 quency Prevention Act of 1974 (42 U.S.C. 5633(c» is 

22 amended23 

24 

(1) by striking. out ", with the concurrence of the 

Associate Administrator"; and 

98 

, " 

" ". 

, 

, , 

I ' 

22 

1 (2) by inserting after "juvenile" the following: "or 

2 through removal of 100 percent of such juveniles from 

3 secure correctional facilities,". 

4 (c) Section 223(d) of the Juvenile Justice and Dclin5 quency Prevention Act of 1974 (42 U.S.C. 5633(d» is 

6 amended7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

(1) by striking out "section 224" and inserting in 

lieu thereof "section 224(a)(5)"; 

(2) by striking out "endeavor to"j 

(3) by striking out "preferential" and inserting in 

lieu thereof "equitable"; 

(4) by striking out "to programs in nonparticipating States under section 224(0.)(2)"; 

(5) by striking out "substantial or"; and 

(6) by striking out "subsection (a)(12)(A) requirement" and all that follows through "subsection (c)" 

and inserting in lieu thereof "requirements under subsection (a)(12)(A) and subsection (a)(13)". 

SPEOIAL EMPHASIS PREVENTION AND TREATMENT 

PROGRAMS 

21 SEO. 12. (a) Section 224(a)(5) of the Juvenile Justice 

22 and Delinquency Prevention Act of 1974 (42 U.S.C. 

28 5634(a)(5» is amended to read as follows: 

24 "(5) develop statewide programs through the use 

25 of subsidies or other fmancial incentives designed to99 .' ; 
Ii lIlq~-r; '" w • m~ "~c'sn!l ' 

23 

1 U(A) remove juveniles (rom jails and lock-ups 

2 for adl;llts; 

3 u(B) replicate juvenile programs designated 

4 as exemplary by the National Institute of Justice; 

5 or 

6 U(C) establish and adopt, based upon recom7 mendations of the Advisory Committee, standards 

8 for the improvement of juvenile justice within the 

9 State;". 

10 (b) Section 224(a)(11) of the Juvenile Justice and Delin11 quency Prevention Act of 1974 (42 U.S.C. 5634(a)(11» is 

12 amended by inserting before the period at the end thereof the 

13 following: u, including on-the-job training programs to assist 

14 law enforcement personnel and juvenile justice personnel to 

15 more effectively recognize and provide for learning disabled . 

i6 and other handicapped juveniles" . 

17 (c) Section 224 of the Juvenile Justice and Delinquency 

18 Prevention Act of 1974 (42 U.S.C. 5634) is amended by 

19 adding at the end thereof the following new subsection: 

20 \ 

'l(d) Assistance provided pursuant to this lection shall' 

21 be available on an equitable basis to deal with disadvantaged 

22 youth, int'luding females, minority youth, a:ad mentally re23 tarded and emotionally or physically handicapped youth.". 

• 

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1 P A Yl\IENTS 

2 SEC. 13. (s.) Section 228 of the Juvenilc Justice and 

3 Del~nquency Prevention Act of 1974 (42 U.S.C. 5638) is 

4 amended by striking out subsection (b) thereof, and by redc5 signating subsection (c) through subsection (g) as subsection 

6 (b) through subsection (0, respectively. 

, 7 (b) Section 228(0 of the Juvenile Justice and Delin8 quency Prevention Act of 1974, as so redesignated in subsec9 tion (a), is am!3nded10 (1) by inserting uin an equitable manner to States 

11 which have complied \\ith the requirements in section 

12 223(a)(12)(A) and section 223(a)(13)" after "realloca13 tion"; and 

14 (2) by striking out usection 224" and inserting in 

15 lieu thereof usection 224(a)(5)". 

16 NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND 

17 DELINQUENCY PREVENTION 

18 SEC. 14. Title n of the Juvenile Justice and Delinquen19 cy Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is 

20 amended by striking out part C thereof, by redesignating part 

21 D as part C, and by redesignating section 261 through sec22 tion 263 as section 241 through section 243, respectively. 

101 

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1 ADMINISTRATIVE PROVISIONS 

2 SEC. 15. Section 242 of the Juvenile Justice and Delin3 quency Prevention Act, as so redesignated in section 12, is 

4 amended to read as follows: 

5 "APPLICABILITY OF OTHER ADMINISTRATIVE PROVISIONS 

6 "SEC. 242. (a) The administrative provisions of sections 

7 802, 803, 804, 805, 806, 807, 810, 812, 813, 814{a), 

8 815{c), 817(a), 817(b), and 817{c), and 818(a), 818(c), and 

9 818(d) of the Omnibus Crime Oontrol and Safe Streets Act of 

10 1968 are incorporated in this Act as administrative provi11 sions applicable to this Act. References in the cited sections 

12 authorizing action by the Director of the Office of Justice 

13 Assistance, Research and Statistics, the Administrator of the 

14 Law Enforcement Assistance Administration, the Director of 

15 the National Institute of Justice, and the Director of the 

16 Bureau of Justice Statistics also shall be construed as author17 izing the Administrator of the Office of Juvenile Justice and 

18 Delinquency Prevention to perform the same action. 

19 j'(b) The Office of Justice Assistance, Research, and 

20 Statistics shall directly provide staff support to, and coordi21 _ nate the activities of, the Office of Juvenile Justice and De22 linquency Prevention in the same manner as it is authorized 

23 to provide staff support and coordinate the activities of the 

24 Law Enforcement Assistance Administration, National Insti25 tute of Justice, and Bureau of Justice Statistics pursuant to 

102 

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26 

1 section 801(b) of the Omnibus Crime Control and Safe 

2 Streets Act of 1968.". 

3 

4 

RUNAWAY AND HOMELESS YOUTH 

SEC. 16. (a) The heading for title III of the Juvenile 

5 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

6 5701 et seq.) is amended to read as follows: 

7 "TI~LE ill-RUNAWAY AND HOMELESS YOUTH". 

8 (b) Section 301 of the Juvenile Justice and Delinquency 

9 Prevention Act of 1974 (42 U.S.C. 5701 note) is amended by 

10 inserting "and Homeless" after "Runaway". 

11 (c) Section 311 of the Juvenile Justice and Delinquency 

12 Prevention Act of 1974 (42 U.S.O. 5711) is amended13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) by inserting "(a)" after the section designation; 

(2) by inserting "equitably among the States 

based upon their respective populations of youth under 

18 years of age" after j'shall be made"; 

(3) by inserting ", and their families" after 

"homeless youth"; 

(4) by inserting after "services." the following 

new sentence: "Grants also may be made for the provision of a national communications system for the purpose of assisting runaway and homeless youth in communicating with their families and with service providers."; and 

103 

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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

27 

(5) by adding at thc end thcrcof the following new 

subsections: 

"(b) The Secretary is authorized to provide supplemental grants to runaway centers which arc developing, in cooperation with local juvenile court and social service agency 

personnel, model programs designed to provide assistance to 

juveniles who have repeatedly left and remained away from 

their homes or from any lacilities in which they have been 

placed as the result of an adjudication. 

"(c) The Secretary is authorized to provide on-the-job 

training to local runaway and homeless youth center personnel and coordinated networks of lo~allaw enforcement, social 

service, and welfare personnel to assist such personnel in recognizing and providing for learning disabled and other handicappe d Juve · nil es.. It 

(d)(1) Section 312(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5712(a» is 

amended by striking out "houses" and inserting in lieu thereof ucenters", and by inserting "or to other homeless juveniles" before the period at the end thereof. 

21 (2) Section 312(b) of the Juvenile Justice and Delin22 quency Prevention Act of 1974 (42 U.S.C. 5712(b» is 

23 amended24 (A) by striking out uhouse" each place it appears 

25 therein and inserting in lieu thereof "center"; and 

104 

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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

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(B) in paragraph (4) thereof, by inserting "social 

service rersonnel, and welfare personnel," after "personnel,". 

(e) SI:ction 313 of the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5713) is amended by 

striking out "$100,000" and inserting in lieu thereof 

U$150,000", and by striking out "any applicant whose program budget is smaller than $150,000" and inserting in lieu 

thereof "organizations which have a demonstrated experience 

in the provision of service to runaway and homeless youth 

11 and their families". 

12 (0 Section 315 of the Juvenil~ Justice and Delinquency 

13 Prevention Act of 1974 (42 U.S.C. 5715) is amended by 

14 striking out "hous~" and inserting in lieu ther'3of "center". 

15 TEOHNIOAL AND OON}"OBMING AMENDMENTS 

16 SEO. 17. (a) Section 103(5) of the Juvenile Justice and 

17 Delinquency Prevention Act of 1974 (42 U.S.C. 5603(5» is 

18 amended by striking out usection 101(b)" and all that follows 

19 through u&mended" and inserting in lieu thereof usection 

20 201(c)". 

21 (b)(1) Section 201(0) of the Juvenile JUltice and Delin22 queney Prevention Aot of 1974 (42 U.S.C. 56H(a)} is 

23 amended24 (A) in the first sentence thereof, by striking out 

25 "Associate"; and 

105 

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29 

(B) by striking out the last sentence thereof. 

2 (2) Section 201(d) of the Juvenile Justice and Delin3 qucncy Prevention Act of 1974 (42 U.S.O. 5611(d» is 

4 amended by striking out "Associate" each place it appears 

5 therein. 

6 (3) Section 201(e) of the Juvenile Justice and Delin7 quency Prevention Act of 1974 (42 U.S.O. 5611(e» is 

8 amended by striking out "Associate" each place it appears 

9 therein, and by striking out "Office" the last place it appears 

10 therein and inserting in lieu thereof "office". 

11 (4) Section 201(0 of the Juvenile Justice and Delin12 quency Prevention Act of 1974 (42 U.S.O. 5611(0) is 

13 amended by striking out "Associate". 

14 (c)(l) Section 202(c) of the Juvenile Justice and Delin15 quency Prevention Act of 1974 (42 U.S.O. 5612(c» is 

16 amended by striking out "Associate". 

17 (2) Section 202(d) of the Juvenile Justice and Delin18 quency Prevention Act of 1974 (42 U.S.O. 5612(d» is 

19 amended by striking out "title I" and inserting in lieu thereof 

20 "title 5". 

21 (d)(l) Section 204(d)(1) of the Juvenile Justice and De22 linquency Prevention Act of 1974 (42 U.S.O. 5614(d)(l» is .. 23 amended by striking out "AssociateH • 

24 (2) Section 204(g) of the Juvenile, Justice and Delin25 quency Prevention Act of 1974 (42 U.S.O. 5614(g» is 

106 

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amended by striking out "Administration" and inserting ir. 

2 iicu thereof "Office". 

3 (3) Section 204(i) of the Juvenile Justice and Delin4 qucncy Prevention Act of 1974 (42 U.S.O. 5614(i» i$ 

5 amended by striking out "Associate". 

6 (4) Section 2040)(1) of the Juvenile Justice and Delin7 quency Prevention Act of 1974 (42 U.S.O. 56140)(1» i$ 

8 amended by striking out "Associate". 

9 <,e) Section 205 of the Juvenile Justice and Delinquency 

10 Prevention Act of 1974 (42 U.S.O. 5615) is amended by 

11 striking out "Associate" each place it appears therein. 

12 (0(1) Section 206(a)(l) of thtJ Juvenile Justice and De18 Jinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1» i~ 

14 amended15 

16 

17 

18 

19 

20 

21 

22 

28 

24 

(A) by striking out ", Education, and Welfare" 

and inserting in lieu thereof "and Human Services"; 

(B) by striking out "the Commissioner of tht' 

Office of Education,"; 

(C) by inserting "the Director bf the Office of 

Justice Assistance, Research,and Statistics, the Administrator of the Law Enforcement Assistance Administration," after "designees,"; . 

(D) by striking out ~'Associate" the first place it 

appears therein; and 

107 

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1 (E) by striking out "Deputy Associate Adminis2 trator of the Institute for Juvenile Justice and Delin3 quency Prevention" and inserting in lieu thereof "Di4 rector of the National Institute of Justice". 

5 (2) Section 206(e) of the Juvellile Justice and Delin6 queney Prevention Act of 1974 (42 U.S.O. 5616(e» is 

7 amendcd by striking out" Associate". 

8 (g)(1) Section 223(a)(I) of the Juvenile Justice and De9 linqucncy Prevention Act of 1974 (42 U.S.O. 5633(a)(l» is 

10 amended-· 

11 (A) by striking out "planning agency" and insert12 ing in lieu thereof "criminal justice council"; and 

13 (B) by striking out "section 203 of such title I" 

14 

15 

16 

17 

and inserting in lieu thereof "section 402(b)(1) of the 

Omnibus Orime Oontrol and Safe Streets Act of 

1968". 

(2) Section 223(a)(2) of the Juvenile Justice and Delin18 quency Prevention Act of 1974 (42 U.S.O. 5633(a)(2» is 

19 amended by striking out "planning agency" and inserting in 

20 lieu thereof II criminal justice council". 

21 (3) Section 223(a)(3)(A) of the Juvenile Justice and De22 linquency Prevention Act of 1974 (42 U.S.O. 5633(a)(3)(A» 

23 is amended by striking out "a juvenile" and inserting in lieu' 

24 thereof "juvenile". 

108 

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-, 

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(4) Seetion 223(a)(3)(F) of the Juvenile Justice and De2 Iinqueney Prevention Act of 1974 (42 U.S.O. 5633(a)(3)(F» 

3 is amended4 (A) in clause (i) thereof, by striking out "planning 

5 agency" and inserting in lieu thereof Hcriminal justice 

6 council"; 

7 (B) in clause (iii) thereof, by striking out "plan8 ning agency" and all that follows through "as amend9 ed" and inserting in lieu thereof· "criminal justice coun10 cillO; and 

11 (0) in clause (iv) thereof12 (i) by striking out "plannillg agency and re13 gional planning unit supervisory" and inserting in 

14 lieu thereof "criminal justice council and local 

15 criminal justice advisory": and 

16 

17 

18 

19 

(li) by striking out "section 261(b) and section 502(b)" and inserting in lieu thereof "section 

1002". 

(5) Section 223(a)(11) of the Juvenile Justice and Delin20 queney Prevention Act of 1974 (42 U.S.O. 5633(a,(11» is 

21 amended by striking out "provides" and inserting in lieu 

22 thereof "provide". 

23 (6) Section 223(a)(12)(B) of the Juvenile Justice and 

24 Delinquency Prevention Aet of 1974 (42 U.S.O. 

25 5633(a)(12)(B» is amended by striking out "Associate". 

109 

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(7) Stlcl.ion 22~)(,t)(14) of the Juvtlnile Justice and Delin2 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(14» is 

3 amended by striking out "Associllttl". 

4 (8) Section 223(a)(17)(A) of thc Juvenile Justice and 

5 Delinquency Prevention Act of 1974 (42 U.S.C. 

6 5633(a)(17)(A»' is amended by striking out "or" the first .1 

7 place it appears therein and inserting in lieu thereof "of". 

8 (9) Section 223(a)(20) of the Juvenile Justice and Delin9 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(20» is 

,10 amended11 (A) by striking out "planning agency" and insert12 ing in lieu thereof "criminal justice council"; 

13 (B) by striking out "then" and inserting in lieu 

14 thereof "than"; and 

15 (C) by striking out "Associate". 

16 (10) Section 223(a)(21) of the Juvenile Justice and De17 linquency Prevention Act of 1974 (42 U.S.C. 5633(a)(21» is 

18 amended by striking out "Associate". 

v 

19 (11) The last sentence of section 223(a) of the Juvenile 

20 Justice and Delinquency Prevention Act of 1974 t42 U.S.C. 

21 5633(a» is amended by striking out "303(a)" and inserting in 

22 lieu thereof "section 403". 

23 (12) Section 223(b) of the Juvenile Justice and Delio24 quency Prevention Act of 1974 (42 U.S.C. 5633(b» is 

110 

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1 amended by striking out IlpJanning agency" and inserting in 

2 Heu thereof "criminal justice council". 

3 (13) Section 223(d) of the Juv~nile Justice and Delin4 quency Prevention Act of 1974 (42 U.S.C. ~633(d» is 

5 amended by striking out Iisections 509, 510, and 511" and 

6 inserting in lieu thereof "sections 803, 804, and 805". 

7 (h) Section 228(0 of the Juvenile Justice and Delin8 quency Prevention Act of 1974, as so redesignated in section 

9 11(a), is amended by striking out "section 509" and inserting 

10 in lieu thereof Iisection 803". 

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Preceding page blank 

HOUSE REPORT ON H.R. 6704, 

HOUSE REPORT NO. 96-946, 

CCJ.1MITrEE ON EDUCATION AND LABOR, 

MAY 13, 1980 

113 

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96TH CoNGRESS} 

2d Session HOUSE OF REPRESENTATIVES { 

JUVENILE JUSTICE AMENDMENTS OF 1980 

REPORT 

No. 96-946 

MAo y 13, 1980.-Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. PERKINS, from the Committee on Education and Labor, 

submitted the following , 

REPORT 

together with 

SUPPLEMENTAL 

and 

INDIVIDUAL MINORITY VIEWS 

[To accompany H.R. 6704] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Education and Labor, to whom was referred 

the bill (H.R. 6704) to amend the Juvenile Justice and Delinquencr ,Prevention Act of 1974 to extend the authorization of appropriations for such Act, and for other purposes, having considered the 

same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SHORT TITLE 

SECTION 1. This Act may be cited as the "Juvenile Justice Amendments of 1980". 

AUTHORIZATION OF APPROPRIATIONS 

SEC. 2. (a) Section 261(a) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5671(a» is amended61-648 0 

115 

Preceding page blank 

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, 
2 

(1) by striking out "$150,000,000" and all that follows through "1979, and": 

and 

(2) by striking out "for the fiscal year ending September 30, 1980" and inserting in lieu thereof "for each of the fiscal years ending September 30, 1981, Sep- tember 30, 1982, September 30,1983, and September 30,1984". 

(b) Section 341(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5751(a» is amended by striking out "June 30, 1975" and all that follows 

through "1980" and inserting in lieu thereof the following: "September 30, 1981, 

September 30, 1982, September 30, 1983, and September 30, 1984". 

FINDINGS 

SEC. 3. Section 101(a) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5601(a» is amended-

(1) in paragraph (4) thereof, by inserting "alcohol and other" after "abuse": 

(2) in paragraph (6) thereof, by striking out "and" at the end thereof; 

(3) in paragraph (7) thereof, by striking out the period at the end thereof and 

inserting in lieu thereof ": and": and 

(4) by adding at the end thereof the following new paragraph: "(8) the juvenile justice sr,stem should give additional attention to the prob- lem of juveniles who commlt serious crimes, with particular attention given to 

the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation.". 

PURPOSE 

SEC. 4. (a) Section 102(a) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5602(a» is amended-

(1) in paragraph (6) thereof, by striking out "and" at the end thereof: 

(2) in paragraph (7) thereof, by striking out the period at the end thereof and 

inserting in lieu thereof ": and": and 

(3) by adding at the end thereof the following new paragraph: "(8) to assist State and local governments in removing juveniles from jails and 

lockUps for adults.". 

(b) Section 102(bX1) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5602(b)(l)) is amended by inserting before the semicolon at the end 

thereof the following: ", including methods with a special focus on maintaining and 

strengthening the family unit so that juveniles may be retained in their homes". 

DEFINITIONS 

SEC. 5. (a) Section 103(1) of the Juvenile Justice and Delinquency Pr~vention Act 

of 1974 (42 U.S.C. 5603(1» is amended by inserting "special education," after "training,". 

(b) Section 103(4) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5603(4» is amended to read as follows: 

"(4XA) the term 'Office of Justice Assistance, Research, and Statistics' means the office established by section 801(a) of the Omnibus Crime Control and Safe 

Streets Act of 1968; 

"(B) the term 'Law Enforcement Assistance Administration' means the administration established by section 101 of the Omnibus Crime Control and Safe 

Streets Act of 1968: 

"(C) the term 'National Institute of Justice' means the institute established 

by section 202(a) of the Omnibus Crime Control and Safe Streets Act of 1968: 

and 

"(D) the term 'Bureau of Justice Statistics' means the bureau established by section 302(a) of the Omnibus Crime Control and Safe Streets Act of 1968;". 

(c) Section 103(7) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5603(7» is amended by striking out "and any territory or possession of the 

United States" and inserting in lieu thereof "the Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana Islands". 

(d) Section 103(9) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 56&3(9» is amended by striking out "law enforcement" and inserting in 

lieu thereof "juvenile justice and delinquency prevention". (e) Section 103(12) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5603(12» is amended to read as follows: 

"(12) the term 'secure detention facility' means any public or private residential facility which116 

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"(A) includes construction fixtures designed to physically restrict the 

movements and activities of juveniles or other individuals held in lawful 

custody in such facility: and 

"(B) is used for the temporary placement of any juvenile who is accused 

of having committed an offense, of any nonoffender, or of any other individual accused of having committed a criminal offense:", 

(t) Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-

(1) by redesi~nating paragraph (Ill) as paragraph (15): and 

(2) by insertmg after paragraph (12) the followmg new paragraphs: "(13) the term 'secure correctional facility' means any public or private residential facility which-

"(A) includes construction fixtUres designed to physically restrict the 

movements and activities of juveniles or other individuals held in lawful 

custody in such facility: and 

"(B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense: 

"(14) the term 'serious crime' means criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion 

accompanied by threats of violence, and arson punishable as a felony: and". 

(g) Section 103(15) of the Juvenile Justice and Delinquency Prevention Act of 

1974, as so redesignated in subsection (0(1), is amended-

(1) by inserting "special education," after "educational,": and 

(2) by striking out "and benefit the addict" and all that follows through ", 

and his" and inserting in lieu thereof ", including services designed to benefit 

addicts and other users by eliminating their dependence on alcoliol or other addictive or nonaddidive drugs or by controlling their dependence and". 

OFFICE m- JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

SEC. 6. (a) Section 201(a) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5611(a» is amended by strikin~ out "Law Enforcement Assistance 

Administration" and inserting in lieu thereof' under the general authority of the 

Attorney General". I 

(b) Section 201(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5611(d» is amended-

(1) in the first sentence thereof, by striking out "direction or' and all that 

follows through "Administration" and inserting in lieu thereof "general authority of the Attorney General"; 

(2) in the second sentence thereof, by striking out", subject to the direction of 

the Administrator,", and by inserting "prescribe regulations for," before 

"award"; 

(3) in the third sentence thereof-

(A) by inserting "of the Law Enforcement Assistance Administration and 

the Director of the National Institute of Justice" after "Administrator" the 

first place it appears therein: and 

(B) by inserting "of the OffiCI) of Juvenile Justice and Delinquency Prevention" after "Administrator" the last place it apPears therein; and 

(4) by striking out the last sentence thereof. 

(c) Section 201(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5611(e» is amended bX striking out "Administrator of the Law Enforcement Assistance Administration and inserting in lieu thereof "Attorney General". 

(d) Section 201(t) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5611(t)) is amended by striking out "Administrator" the last place it appears therein and inserting in lieu thereof "Attorney General". 

CONCENTRATION OF FEDERAL EFFORTS 

SEC. 7. (a) Section 204(b) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5614(b» is amended-

(1) by striking out ", with the assistance of the Associate Administrator,": and 

(2) in paral;raph (6) thereof, by inserting "and training assistance' after 

"technical assIstance". 

(b) Section 204 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5614~ is amended by adding at the end thereof the following new subsection: 

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"(m) To carry out the purposeS of this. section, there is a~~5riz~:~t ~f ~h~rtg{;i ated for each fiscal year an amount. w~lch"does not excee . pe 

amount appropriated to carl'y out this title. . 

COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

SEC. 8. (a) Section 206(a)(1) of. the Juvedile Justice and Delinquency Prevention 

Act of (\r~i4i~~~i~g 5~~~~a~~~r~t:~e~rE~cation, t~e Secre.tary Ad ~0~1in~. an~ Urban Deveit.Zlment, the Director of the Commumty Services mmls ra lOn, 

after "SecrE!t~ry of ~~r'''~:~r~tar of Housing and Urban Development," and 

~lfl;'~~~~kjh!}~~~~~i1f~i~~0£~~ji~ tion for Chlldr.en, Yout , an ami les, 

(b)mS:~i!~r20~~)' of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5616(c» is amended- II. 

(1) by striking out "the Attorney Gener,al !ind... . II. 

(2) by inserting" and to the Congress, after. President ,and. "'l'h Co '1 

(3) b dd' t' the end thereof the followmg new sentence. e uncI 

~:~ll rJ~~~tl~! b:~h:()ftTc~~f~~~~~il:~~s[icSra~dtl>e'r.fqt>~~~:Wr~i::nri~~ d any agency represented on the Council. . . A t f 1974 

(c)aSection 206(d) of the Juvenile J~s~ice and"Deli~!J.uency ~rl,ven\~on ~~ year" (42 U.S.C. 5616(d» is amende[! by strlkmg out "a mmlmum 0 our Imes 

;J~h~~~~~;E~\~~~:~:~~d:~~~:~1\~:1~t ,~~;,9~~r:f~!~~rin~ir~ lte~ ~~;;~1 

~:r:b~~~~056f3~~) i~fa~:n~~de~~11n~~~~\~~ ~\dn~te~~n~~~~~a r50o.og~if~r ~~~hf J!~1 year" before the period at the !:lnd theroof. 

NATIONAL ADVISORY COMMIT'rEE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

SEC 9 Part A of title II of the Juvenile Justice and Delinqu~ncy Preven~ion Act 

of 1974 (42 U.S.C. 5611 ot seq.) is amended by striking. out section .20:, section 208, 

and section 209, and inserting in lieu thereof the followmg new sectIOn. 

"NATIONAL ADVISORY COMMI'M'EE FOR JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION 

"SEC 207 (a)(ll There is hereby established a National Adv~sory Committee for 

Juveniie Ju~tice and Delinqu~ncy Preventi!>n (hereinaft1:'e in thiS .A~lif;~he:p~e: the 'Advisory Committee') which shall consist of 15 lintJm rs appom 

der.(2) Members shall be appointed who have special knowledge c~>ncerp!ng t~r I?re-

~~~fg~~M~~:.a;!~~~~~~!~~,~~£~; and persons With specIIll trammg or experience m r. d' b' 'ti unem 10 ment, IlChoo\ violence and vand!llism, and learmng Isa I I e~. . _ "(at Afleast 5 of the individuals appomted as members of the Adltst:rr Com~'t 

tee shall not have atta!!ledd. ~4d yelars of agE! ~ O\t::ifoh:V~hbe~~t~~ sha1ilb:f~fhe ment At least 2 of the m IVI ua 5 so appom s .. t' t Th Advi 

time ~f appointment) under the jurisdiction lor tre j~vfnlle )USe~~e?~uer~~ntl: unde; 

sory Committee shall contact and ~eek regu ar npu rom JUV 

the jurisdiction of the juv(lnile justice system. be' ted t th 

"(4) The Prp.sident shall desi~nate the Chairman from mem F rd aprbn 0 t ~!~ib:Ya.;;:rn~~jU:· ~~:!1l;:~~1 ~~C:dvi~o~;~~~i~~:,h~or e.n:~ the °Ch~i:.n~:n be a full-time officer or employee 0hf anpy S~date tor hloc)all go~erro~e~~~s of 3 years Of 

I/(b)(l) Members appointed by t e resl en s a ser e 5 h Ii be 

the members first appointed, 5 shall be app<>inted f,?r terms of 1 yeaf'3 s a appointed for terms of 2 years, and 5 shall be appomted for terms 0 years, as 

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designated by the President at the time of appolntment. Thereafter, the term of 

each member shall be 3 years. The initial appointment of members shall be made 

not later than 90 days after the effective date of this section. 

"(2) Any member appointed to fill a vacancy occul'ring before the expiration of 

the term for which the predecessor of such member was appointed shall be appoint- ed only for the remainder of such term. The President shall fill a vacancy not later 

than' 90 days after such vacancy occurs. Members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have 

taken office. 

"(c) The Advisory Committee !'hall meet at the call of the Chairman, but not less 

than qU8.rtedy. Ten members of the Advisory Committee shall constitute a quorum. I/(d) The Advisory Committee shall1/(1) review and evaluate, on a continuing basis, Federal policies regarding ju- venile justice and delinquencr prevention and activities affecting jUvenile jus- tice and delinquency prevention conducted or assisted by all Federal ager,ciesj 1/(2) advise the Administrator with reE'pect to particular functions or aspects of the work of the Officej . 1/(3) advise, consult with, and make recommendations to the National Institute of Justice and the National Institute for Juvenile Justice and Delinquency Prevention concerning the overall J.lOlicy and operations of each such Institute 

regarding juvenile justice and delinquency prevention research, evaluations, 

and training provided by each such Institutej and 

"(4) make refinements in recommended standards for the administration of 

juvenile justice at the Federal, State, and local levels which have been reviewed 

under section 247, and recommend Federal, State, and local action to facilitate 

the adoption of such standards throughout the United States. 

I/(e) Beginning in 1981, the Advisory Committee shall submit such interim reP,Orts 

as it considers advisable to the President and to the Congress, and shall submit an annual report to the President and to the Congress not later than March 31 of each 

year. Each such report shall describe the activities of the Advisory Committee and 

shall contain such findings and recommendations as the Advisory Committee con- siders necessary or appropriate. . "(I) The Advisory Committee shall have staff personnel, appointed by the Chair- man with the approval of the Advisory Committee, to assist it in carrying out its 

activities. The nead of each Federal agency shall make available to the Advisory Committee such information and other assistance as it may require to carry out its 

activities. The Advisory Committee shall not have any authority to procure any 

temporary or intermittent services of any personnel under section 3109 of title 5, 

United States Code, or under any other provision of law. "~)(l) Members of the Advisory Committee shall, while serving on business of the 

AdVISOry Commit.tee, be entitled to receive compensation at a rate not to exceed the 

daily rate specified for Grade G8-18 of the General Schedule in section 5382 of title 

5, United States Code, including travel time. 

"(2) Members of the Advisory Committee, while serving away from their places of 

residence or regular places of business, shall be entitled to reimbursement for travel 

expenses, including per diem in lieu of subsistence, in the same manner as the ex- penses authorized by section 5708 of title 5, United States Code, for persons in the 

Federal Government service employed intermittently. "(h) To carry out the purposes of this section, there is authorized to be appropri- ated such sums as may be necessary, not to exceed $500,000 for each fiscal year.". 

ALLOCATION 

SEC. 10. The first sentence of section 222(b) of the Juvenile Justice and Delinsuency Prevention Act of 1974 (42 U.S.C. 5632(b» is amended by striking out' in a manner" and all that follows through "part" and inserting in lieu thereof "in an .equitable manner to the States which are determined by tbe Administrator to be in 

compliance with the requirements of section 223(a)(12)(A) and section 228(a)(13) for use by such States in a manner consistent with the purposes of section 

223(a)(10)(H)" . 

STATE PLANS. 

SEC. 11. (a)(1) Section 223(a) of the Juvenile Justice and Delinquencr. Prevention 

Act of 1974 (42 U.S.C. 5683(a» is amended by striking out "consistent With the provi- sions" and all that follows through "such plan must" and inserting in lieu thereof 

the following: "applicable to a 3-year period. Such plah shall be amended annually 

to include new programs, and the State shall submit annual performance reports to 

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the Administrator which shall describe pr~gress in implementin~ progr~ms con- tained in the original plan and shall describe the status of comphunce with State 

plan requirements. In acc~rdance with regulations which the Administrator shall 

prescribe, such plan shall". '. A f 

(2) Section 223(a)(3)(A) of the Juvenile Justice and Dehnquency Prevention c~ 0 

1974 (42 U.S.C. 5633(a)(3)(A» is amended b)' ~triking (Jut "tw.enty-<!ne". an~ insertmg in lieu thereof "15", and by striking out "thirty-three" and msertmg m heu thereof "33" 

(3)' Section 223(a)(3)(D) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(3){D» is amended- . '" 

'(A) bv inserting "locally elected offiCials," aft.er "mclude ; and 

(9) by inserting "special education," after "education,". 

(4) Section 223(a)(3)(E) of the Juvenile Justice a<ld Delinquency Prevention Act of 

1974 (42 U,S.C. 5633(a)(3)(E» is amended- .. 1/ " 

(A) by striking out "one-third" and inserting m heu thereof one-fifth ; 

(D) by striking out "twenty-six" and inserting in lieu thereof "24"; 

(C) by inserting ", and" after "appointment"; and " 

(D) by striking out "three of whom" and inserting in lieu thereof 3 of whose 

members". . '" . (5) Section 223(a)(3)(F) of the Juvenile JUStlCfI and Dehnquency PreventIon Act of 

1974 (42 U.S.C. 5633(a)(3)(F» is amended- "" 

(A) by striking out "(ii) may advise" and all that follows through requested; and inserting in lieu thereof "(ii) sh~1l suh';Dit to the Governor and the legis!ature at least annually recommendations With respect to matters related to Its 

functions, including State compliance with the requirements of paragraph (12)(A) and paragraph (13)''': and . 

(D) by adding at the end thereof the foUt>wmg: ':ap{l {y) ~hall con~ct an.d ~k regular input from juveniles currently under the jurisdiction of the Juvenile JUS-

(6) 

tice 

Section system:". 223(a)(3)(F)(iii) of the Juvenile Just.lce 

". 

and Dehnquency Prevention Act 

of 1974 (42 U.S.C. 5633(a)(3)(F)(iii» is amended by striking out "and" at the end 

thereof. . . d Del' P t' A t f (7) -Section 223(a)(8) of the Juvenile Justice an mquency reven Ion c 0 

1974 (42 U.S.C. 5633(a)(8» is amended to read as follows: .. . . "(8) provide for (A) an analysis or juv~nile crime pro~le'!ls !In~ Juvenile J!1st.lce 

(;,nd delinquency preventi~n needs withm ~he. relevant Jurlscilctlon, a descrlpt.lC~n of the services to be p~ovlded, and a descriptIOn of IM!rform.ance goals and prior- ities, including a specific stau:men~ of t~e manner m Whlc~ propa~s flre ex- pected to meet the identified Juvenile c~lm~ p'ro~lcms and JuyeD;i1e ~ustlce and 

(Ielinquency prevention needs of the Ju,rlsdictloni (D) an mdlcatlon of the manner in which the pr~ams relate to other similar State or local programs which are intended to address the same or similar problems; and (C) a plan for 

the concentration of State efforts which shall ~oordinate all State juvenil~ d~lin­ quency programs with respect ~ overflll pohcy and developmen~ ?~ obJ!lCtlves and priorities for all State juvemle dehnquency progra'!ls and actly*~s, Ipclud- ing provision for regular meetings of State offiCials With responslblhty m the area of juvenile justice and delinquency preventIOn:". . (8) Section 223(a)(10) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(10» is amended- . ,." d' t 

(A) by striking out "juvenile detention and correctional faclhtles an mser- ing in iieu thereof "confinement in secure detention facilities and secure correc- tional 

(B) by 

facilities": 

striking out "and" tbe fifth place 

'. 

It appears therem: 

(C) by inserting after "standards" the following: ", and to provide progra~s for juveniles who have committed serious crimes, p~rticularly programs which are designed to improve sentencing procedures, prOVide resources necessary for 

informed dispositions, and provide for effective rehabilitation": and 

(D) by addmg at the end thereof the follo\,Ving new subpa~agraph: ... "(J) projects designed both to deter mvolvement m megal actiVIties and 

to promote involvement in lawful activities on the part of juvenile gangs 

(9) Section 

and their 

223(a)(10)(A) 

members;". 

of the Juvenile Justic~ and pehnquenc~ '. Prevent!on Act of 

1974 (42 U.S.C. 5633(a)(10)(A» is amended by msertmg "education, special education," 

(10) 

after 

Section 

"home 

223(a)(10)(E) 

programs,". 

of the Juvenile Justice ~n.d Dehn~uency 

'. 

Pr!lventlon Act 

of 1974 (42 U.S.C. 5633(a)(10)(E» is amended by strlkmg out 'keep dehnquents and 

to" and by inserting "delinquent youth and" after "encourage". . <ill Section 223(aXlO)(H) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5633(aXlO)(H» is amended to read as follows: 

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"(H) statewide programs through the Use of subsidies ot' other financial incentives to units of local government designed to-

"(i) remove juveniles from jails and lock-ups for adults; 

"(ii) replicate juvenile programs designated as exemplary by the Na- tional Institute of Justice; 

"(iii) establish and adopt, based upon the recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the State: or 

"(iv) increase the use of nonsecure community-based facilities and 

discourage the use of secure incarceration and detention;". 

(12) Section 223(a)(1O)(I) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(1)) is amended to read as follows: 

"(I) programs designed to develop and implement projects relating to ju- venile delinquency and learning disabilities, including on-the-job training 

programs to assist law enforcement and jUvenile Justice personnel to more effectively recognize and provide for learning disabled and other handi- capped jUveniles' and". 

(13) Section 223(a)(12)(A) of the Juvenile Justice and Delin~uency Prevention Act 

of 1974 (42 U.S.C. 5633(a)(12)(A» is amended by striking out 'juvenile detention or correctional facilities" and inserting in lieu thereof "secure detention facilities or secure correctional facilities". 

(14) Section 223(a)(15) of the Juvenile Justice and Delinquency Prevention Act of 

1974, as so redesignated in ~aragraph (15XA), is amended-

(A) by striking out 'paragraph (12)(A) and paragraph (13)" and inserting in 

lieu thereof "paragraph (12)(A), paragraph (13), and paragraph (14)"; and 

(B) by inserting before the semicolon at the end thereof the following: ", 

except that such reporting requirements shall not apply in the case of a State 

which is in compliance with the other requirements of this paragraph, which is 

in compliance with the requirements in paragraph (12)(A) and paragraph (13), 

and which has enacted legislation which conforms to such requirements and 

which contains, in the opinion of the Administrator, sufficient enforcement 

mechanisms to ensure that such legislation will be administered effectively". (15) Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(a», as amended by the foregoing provisions of this subsection. is fur- ther amended-

(A) by redesignating paragraph (14) through parafP'aph (21) as paragrar:h (15) throulfh paragraph (22), respectively, and by insertmg after paragraph ( 3) the followmg new paragraph: 

"(14) provide that, be~nning after the 5-year period following the date of the 

enactment of the Juvemle Justice AmendmenU! of 1980, no juvenile shall be detained or confined in any jail or lockup for adults;"; and 

(D) by adding at the end thereof the following new sentence: "Such plan shall 

be modified by the State, as soon as practicable after the date of the enactment 

of the Juvenile Justice Amendments of 1980, in order to comply with the re- quirements of paragraph (14).". 

(b) Section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c» is amended-

(1) by striking out If, with the concurrence of the Associate Administrator,": 

(2) by inserting after "juveniles" the following: "or through removal of 100 

percent of such juveniles from secure correctional facilities"; and 

(3) by adding at the end thereof the following new sentence: "Failure to 

achieve com~liance with the requirements of subsection (aX14) within the 5-year time limitation shall terminate any State's eligibility for funding under this 

subpart, unless the Administrator determines that (1) the State is in substantial 

compliance with such requirements through the achievement of not less than 75 

percent removal of jUveniles from jails and lockups for adults: and (2) the State 

has made, through appropriate executive or legislative action, an unequivocal commitment to achievin" full compliance within a reasonable time, not to exceed 2 additional years. '. 

(c) Section 223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(d» is amended-

(1) by striking out Ifs~ial emphasis prevention and treatment": 

(2) by striking out 'section 224" and inserting in lieu thereof "subsection (a)(10)(H)": 

(3) by striking out "endeavor to": 

(4) by striking out "a preferential" and inserting in lieu thereof "an equita- ble": 

(5) by striking out "to programs in nonparticipating States under section 224(aX2) and": 

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(6) by striking out "substantial 01'''' and 

(7) by striking out "subsection (aXI2XA) requirement" and all that follows 

through "subsection (c)" and inserting in lieu thereof "requirements under subsection (aXI2XA) and subsection (aXI3)". 

SPECIAL EMPHASIS PREVENTION AND TREATMENT PROGRAMS 

SEC. 12. (a) Section 224(aX5) of the Juvenile Justice and Delinquency Prevention 

Act of 1974 (42 U.S.C. 5634(aX5» is amended to read as follows: 

"(5) develop statewide programs through the use of subsidies or other financial incentives desi~ed to-

"(A) remove Juveniles from jails and lock-ups for adults; 

"(B) replicate Juvenile programs designated as exemplary by the National 

Institute of Justice; or "(C) establish and adopt, based upon recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the 

State'''. 

(b) Section 224(aXll) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5634(aXll) is amended by inserting before the period at the end 

thereof the following: ", including on-the-job training programs to assist law enforcement personnel and juvenileJ'ustice personnel to more effectively recognize and pro- vide for learninf disabled an other handicapped juveniles". (c) Section 22 of the Juvenile Justice and Oelinquency Prevention Act of 1974 (42 

U.S.C. 5634) is amended by adding at the end thereof the following new subsection: 

"(d) Assistance provided pursuant to this section shall be available on an equita- ble basis to deal with disadvantaged youth, including females, minority youth. and 

mentally retarded and emotionally or physically handicapped youth.". 

PAYMENTS 

SEC. 13. (a) Section 228 of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5638) is amended by striking out subsection (b) thereof. and by redesignating subsection (c) through subsection (g) as subsection (b) through subsection 

(0. re~pectively. 

(b) Section 228(0 of the Juvenile Justice and Delinquency Prevention Act of 1974. as so redesignated in subsection (a). is amended-

(1) by inserting "subr.art II of" after "ap,plicant under"; and 

(2) by striking out • under section 224' and inserting in lieu thereof "in an equitable manner to States which have complied with the r~uirements in sec- tion 223(aXI2XA) and section 223(aXI3). under section 224(aX5)' . 

ADMINISTRATIVE PROVISIONS 

SEC. 14. Section 262 of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5672) is amended to read as follows: 

"APPLICABILITY OF OTHER ADMINISTRATIVE PROVISIONS 

"SEC. 262. (a) The administrative provisialns of sections 802(a). 802(c). 803. 804. 800. 

806. 807. 810, 812. 813. 814(a). 815(c). 817(a). 817(b). 817(c). 818(a). 818(b). and 818(d) of 

the Omnibus Crime Control and Safe Streets Act of 1968 are incorporated in this 

Act as administrative provisions applicable to this Act. References in the cited sec- tions authorizing action by the Director of the Office of Justice Assistance. Research 

and Statistics. the Administrator of the Law Enforcement Assistance Administration, the Director of the National Institute of Justice. and the Director of the 

Bureau of Justice Statistics also shall be construed as authorizing the Administrator 

of the Office of Juvenile Justice and Delinquency Prevention to perform the same action. 

"(b) The Office of Justice Assistance, Research, and Statistics shall directly pro- vide staff support to. and coordinate the activities of, the Office of Juvenile Justice 

and Delinquency Prevention ill the same manner as it is authorized to provide staff 

support and coordinate the activities of the Law Enforcement Assistance Administration. National Institute of Justice. and Bureau of Justice Statistics pursuant to 

section 801(b) of the Omnibus Crime Control and Safe Streets Act of 1968.". 

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RUNAWAY AND HOMELESS YOUTH 

SEC. 15. (a) The heading for title III of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5701 et seq.) is amended to read as follows: 

"TITLE III-RUNAWAY AND HOMELESS YOUTH". 

(b) Section 301 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5701 note) is amended by inserting "and Homeless" after "Runaway". (c) Section 311 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5711) is amended-

(1) by inserting "(a)" after the section designation; (2) by inserting "equitably among the States based upon their respective pop- ulations of youth under 18 years of age" after "shall be made"; 

(3) by inserting ", and their families." after "homeless youth"; (4) by inserting after "services." the following new sentence: "Grants also 

may be made for the provision of a national communications srstem for the pur~ of assisting runaway and homeless youth in communicatmg with their 

families and with service providers."; and 

(5) by adding at the end thereof the following new subsections: 

"(b) The Secretary is authorized to provide supplemental grants to runaway cen- ters which are developing, in cooperation with local jUvenile court and social service 

agency personnel. model programs designed to provide asaistanc.e to juveniles who 

have repeatedly left and remained away from their homes or from any IBcilities in 

which they have been placed as the result of an adjudication. "(c) The Secretai'll is authorized to provide on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, Q3ld welfare persOnnel to assist such personnel in recognizing and providing for learning disabled and other handicapped Juveniles .... (d)(l) Section 812(a) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5712(a» is amended by striking out "house" and inserting in lieu 

thereof "center". and by inserting "or to other homeless juveniles" before the period 

at the end thereof. 

(2) Section 312(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5712(b» is amended-

(A) by strikinl. out "house" each place it appears therein and inserting in lieu 

thereof "center' ; and 

(8) in paragz:aph (4) thereof. by inserting "social service personnel, and welfare personnel." after .. personnel .... (e) Section 313 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5713) is amended by striking out "$100.000" and inserting in lieu thereof 

"$150,000", and by striking out "any applicant whose ~rogram pudget is smaller 

than $150.000" and inserting in lieu thereof "organizations which have a demonstrated experience in the provision of service to runaway and homeless youth and 

their families". 

(0 Section 315 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5715) is amended by striking out "houses" and inserting in lieu thereof "centers". 

TECHNICAL AND CONFORMING AMENDMENTS 

SEC. 16. (a) Section 103(5) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5603(5» is amended by striking out "section 101(b)" and all that 

follows through "amended" and insertfng in lieu thereof "section 201(c)". 

(bX1) Section 201(c) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 56ll(c» is amended-

(A) in the first sentence thereof. by striking out "Associate"; and 

(D) by striking out the last sentence thereof. 

(2) Section 201(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 u:.S.C. 5611(d» is amended by striking out "Associate" each place it appears therem. 

(3) Section 201(e) of the Juvenile Justice and DelinquencyJ,lrevention Act of 1974 

(42 U.S.C. 5611(e» is amended by striking out "Associate') each place it appears therein. and by striking out "Office" the last place it appears therein and inserting in lieu thereof "office". . (4) Section 201(0 of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5611(0) is amended by striking out "Associate". 

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(c)(l) Section 202(c) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5612(c» is amended by striking out "Associate". 

(2) Section 202(d) of the Juvenile Justice and Delin9,uency Prevention Act of 1974 

(42 U.S.C. 5612(d» is amended by striking out "title I and inserting in lieu thereof 

"title 5". 

(d)(l) Section 204(d)(l) of the Juvenile Justice and Delinquencr Prevention Act of 

1974 (42 U.S.C. 5614(d)(l) is amended by striking out "Associate' . (2) Section 204(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5614~» is amended by striking out "Administration" and inserting in lieu 

thereof 

(3) Section 

"Office' 

204(i) . of the Juvenile Justice and Delinquency 

'. 

Prevention Act of 1974 

(42 U.S.C. 5614(i)) is amended by striking out "Associate". 

(4) Section 204(k) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5614(k» is amended by striking out ::the Department of Heal~h, ~ducation and Welfare" and inserting in lieu thereof Health and Human Services. 

(5) Section 204(1)(1) of the Juvenile Justice and Delinquenc¥ Prevention Act of 

1974 (42 U.S.C. 5614(1)(1» is amended by striking out "Associate' . (e) Section 205 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5615) is amended by striking out "ABI!ociate" eac~ place it appea~ therein. 

(0(1) Section 206(a)(l) of the Juvenile Justice and Dehnquency Prevention Act of 

1974 (42 U.S.C. 5616(a)(1) is amended-

(A) by striking out ", Education, and Welfare" and inserting in lieu thereof 

"and Human Services"; " 

(B) by striking out "the Commissioner of the Office of Education, ; 

(C) by inserting "the ,Director of the Office of Justice Assis~nce, Resea.rcJt. 

and Statistics, the Admmistrator of the Law Enforcement Assistance Admmlstration," after "designees,"; . . (D) by striking out "Associate" each place It appears therem; and 

(E) by inserting "the Director of the National Institute of Justice," after "Prevention," the last place it appears therein. 

(2) Section 206(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5616(b» is amended by striking out "Associate". 

(3) Section 206(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5616(e» is amended by striking out "Associate". 

(g)(l) Section 223(a)(l) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(1) is amended- . . (A) by striking out "planning agency" and inserting in lieu thereof "crlmmal 

justice council"; and . (B) by striking out "section 203 of such title I" and inserting in beu thereof 

"section 402(b)(1) of the Omnibus Crime Control and Safe Streets Act of 1968". 

(2) Section 223(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(2» is amended by striking out "planning agency" and inserting in lieu thereof '1criminal justice council". 

(3) Section 223(a)(3)(A) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(3)(A» is amended by striking out "a juvenile" and inserting in lieu thereof "juvenile". (4) Section 223(a)(3)(F) of the Juvenile Justice and DelinqueJ.lcy Prevention Act of 

1974 (42 U.S.C. 5633(a)(3)(F» is amended-

(A) in clause (i) thereof, by striking out "planning agency" and inserting in 

lieu thereof "criminal justice council"; 

(B) in clause (iii) thereof, by striking out "planning agencr" and all that follows through "as amended" and inserting in lieu thereof "criminal justicE' coun- cil";and 

(C) in clause (iv) thereof- . . (D by striking out "planning agency and regional planning umt SUpervi- sory" and inserting in lieu thereof "criminal justice council and local criminal justice advisory"; and ,. . . (ii) ,by striking out "section 261(b) and section 502(b)' and insertmg m heu 

thereof "section 1002". 

(5) Section 223(a)(l1) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(ll» is amended by striking out "provides" and inserting in 

lieu thereof "provide". . (6) Section 223(a)(12)(B) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(12)(B» is amended by striking out "Associate". 

(7) Section 223(a)(15) of the Juvenile Justice and Delinquency Prevention Act of 

1974, as so redesignated in section 11(a)(15)(A), is anlended by striking out "Associate". 

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(8) Section 223(a)(18)(A) of the .Juvenile Justice and Delinquency Prevention Act of 

1974, as so redesignated in section 1l(a)(15)(A), is amended by striking out "or" the 

first place it appears therein and inserting in lieu thereof "of'. 

(9) Section 223(a)(21) of the Juvenile Justice aud Delinquency Prevention Act of 

1974, as so redesignated in section 11(a)(15)(A), is amended- , (A) by striking out "planning agency" and inserting in lieu thereof "criminal 

justice council"; 

(B) by striking out "then" and inserting in lieu thereof "than"; and 

(C) by striking out "Associate". 

(10) Section 223(a)(22) of the Juvenile Justice and Delinquency Preyention Act of 

1974, as so redesignated in section U(a)(15)(A), is amended by strlkmg out "Associate". 

(11) Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C; 5633(a», as amended in section 11(a)(15)(B}, is fur~her awende~ (in ~he 

sentence preceding the last sentence thereoO by strlkmg out 303(a) and msertmg 

in lieu thereof "section 403". 

(12) Section 223(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(b» is amended by striking out "planning agency" imd inserting in 

lieu thereof "criminal justice council". 

(13) Section 223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(d» is amended by striking out "sections 509, 510, and 511" and inserting in lieu thereof "sections 803, 804, and 805". 

(h) Section 224(a)(6) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5634(a)(6» is amended by striking out "Commissioner" and inserting in lieu thereof "Secretary". 

(i) Section 228(0 of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in section l1(a), is amended by striking out "section 509" and inserting in lieu thereof "section 803". 

(j)(1) Section 241(b) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5651(b» is amended by striking out "Associate" each place it appears therein. 

(2) Section 241(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5651(c» is amended by striking out "National Institute of Law Enforcement and Criminal Justice" and inserting in lieu thereof "National Institute of Justice". 

(k) Section 244(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5654(3» is amended by striking out "sections 249, 250, and 251" and inserting in lieu thereof "sections 248, 249, and 250". ' 

(I) SecHon 245 of the Juvenile Justice and Delin~uency Prevention Act of 1974 (42 

U.S.C. 5655) is amended by striking out "Associate' . (m) Section 246 of the Juvenile. Justice and Del~nquency Prev~n~ion Act of 1974 

(42 U.S.C. 5656) is amended by striking out "ASSOCiate" each place It appears therein. 

(n) Section 248(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5658(a» is amended by striking out "Associate" each place it appears therein. 

(0) Section 249 of the Juvenile Justice and Delin9uency Prevention Act of 1974 (42 

U.S.C. 5660) is amended by striking out "Associate' . (p)(l) Section 250(a) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5661(a» is amended by striking out "Associate" each place it appears therein. 

(2) Section 250(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5661(b» is amended by striking out "Associate" each place it appears therein. 

(3) Section 250(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5661(c» is amended by striking out "section 5703(b)" and inserting in lieu 

thereof "section 5703". 

I. INTRODUCTION 

The Juvenile Justice and Delinquency Prevention Act .of 1974 

represents an attempt on the part of Congress to provide leadership and assistance to States, local governments, and private agencies in order to develop and implement effective programs for the 

prevention and treatment of juvenile delinquency. The Office of Juvenile Justice and Delinquency Prevention (OJJDP), established 

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within the Justice Department, assumes primary responsibility for 

implementing Federal assistance, as well as the coordination of 

Federal resources and policy. 

The committee bill, H.R. 6704, would extend the Juvenile Justice 

and Delinquency Prevention Act of 1974 for four years and provide 

amendments to strengthen efforts to prevent and control juvenile delinquency and improve the juvenile justice system. H.R. 6704 

also extends Title III of the Juvenile .Justice and Delinquency Prevention Act, the Runaway and Homeless Youth program, located 

within the Department of Health and Human Services, for four 

years at currently authorized levels. 

Cited as The Juvenile Justice Amendments of 1980, H.R. 6704 

makes several significant changes in current law. Completing the 

reorganization initiated by the Justice System Improvement Act of 

1979, H.R. 6704 administratively separates the Office of Juvenile 

Justice and Delinquency Prevention (OJJDP) from the Law Enforcement Assistance Administration (LEAA), placing it under the 

coordination of the Office of Justice Assistance, Research, and Statistics (OJARS) and the general authority of the Attorney General. 

OJJDP would thus become an administrative "fourth box" under 

OJARS, equal to LEAA, the National Institute of Justice (NIJ), and 

the Bureau of Justice Statistics (BJS). 

H.R. 6704 makes an additional finding that the juvenile justice 

system should give additional attention to the problem of juveniles who commit serious crimes. It expands the purpose of the Act to 

include assisting State and local governments in removing juve- niles from jails and lock-ups for adults and providing a special focus on maintaining and strengthening the family unit. 

Changes are m~de within .the Federal program i~te~ded both. t~ 

streamline operatIon and strengthen Federal coordmatIOn and CItIzen input. Separate budget line item categories are provided and 

spending caps are placed on the administrative operation of 

OJJDP, the Federal Coordinating Council on Juvenile Justice and 

Delinquency Prevention, and the National Advisory Committee on 

Juvenile Justice and Delinquency Prevention. Membership on the 

Federal Coordinating Council is expanded to include other relevant 

agency heads, including those of the newly formed Department of 

Education, the Community Services Administration, and the Office 

of Special Education and Rehabilitation Services. The National Advisory Committee is reorganized and streamlined to make it more 

closely parallel to other Presidential advisory committees, specifi- cally the Federal Council on Aging and the National Advisory Committee on Economic Opportunity. . Several significant changes are made with regard to Fe<!eral assistance for State and local programs. Changes are made III State 

plan requirements to streamline paperwork requirements. Annual 

plans are replaced by 3-year plans, with annual plan updates to 

report on performance and plan implementation. New program authority is added by H.R. 6704 to address the needs of juveniles who 

commit serious crimes and to provide projects designed to work 

with juvenile gangs, intended both to deter their involvement in illegal activities and to promote activity in lawful activities. Existing authorities are expanded to include education and special education as appropriate community-based treatment alternatives and to 

provide statewide subsidies or incentives to local governments de126 

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signed to remove juveniles form adult jails and lock-ups, replicate exemplary programs, establish and adapt standards for the improvement of juvenile justice, and increase the use of' nonsecure 

community-based facilities. Existing program authority relating to . delinquency and learning disabilities are expanded to include onthe-job training to assist law enforcement and juvenile justice per- sonnel to more readily recognize and provide for handicapped 

youngsters. 

Beginning five years after the date of enactment of the Juvenile Justive Amendments of 1980, H.R. 6704 requires that State 

plans provide that no juveniles shall be detained or confined in any jail or lock-up for adults. A provision is also made so that if States 

are in substantial compliance after five years, an additional two 

years may be allowed for full compliance. 

H.R. 6704 would require for the first time that Federal discretionary assistance be available on an equitable basis to deal with 

disadvantaged youth, including minority, female, and handicapped youth. This provision parallels existing requirements for State formula grant assistance. 

Finally, H.R. 6704 also makes several changes regardin~ Title III 

assistance. The name of this title is expanded to read I Runaway 

and Homeless Youth" in acknowledgement of the fact that many of 

the young people presently served by the program do not leave 

home of their own volition. Under new amendments, Title III assistance would be required to be distributed equitably among the 

States based upon their respective population of youth under 18 

years of age. Clarifications are also made so that services provided by shelters would also be available to the families of runaway and 

homeless youth as well as the youth themselves. New program authorities are added under Title III for the development, in coopera- tion with juvenile court and social service personnel, of model programs designed to assist chronic runaways and for the development of on-the-job training programs to assist local personnel in recog~ 

nizing and providing for learning disabled and other handicapped juveniles. 

II. LEGISLATIVE HISTORY 

Federal concern for juvenile justice extends back to 1912, when 

Congress created the Children's Bureau and authorized it to investigate and report on juvenile courts, among a number of other 

youth related issues. As early as 1948, Congress sought to develop a 

Federal concentration of effort around youth services. In that year, 

the Interdepartmental Committee on Children and Youth was established with the purpose of developing closer relationships 

among Federal agencies concerned with children and youth. Two 

years latel', the Midcentury White House Conference on Children 

and Youth met to consider methods to strengthen juvenile courts, 

develop juvenile police services, and examine the treatment and 

prevention capability of social service institutions and after care 

agencies. 

Despite Presidential requests in 1955, and again in 1957, no legislation was enacted to help State and local governments address the 

problem of delinquency until passage of the Juvenile Delinquency 

and Youth Offenses Control Act of 1961. The legislation authorized 

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the Department of Health, Education and Welfare (HEW) to make 

grants to State, local, and private agencies to establish pilot projects demonstrating improved methods for the prevention and control of juvenile delinquency. For the first three years, a total of $30 

million was authorized. Only $19.2 million was actually ,appropriated. 

The 1964 extension of the Juvenile Delinquency and Youth Offenses Control Act provided $5 million to HEW to carry out a special demonstration project in Washington, D.C. The act was further 

extended through June 1967, with an authorization level of $6.5 

million for fiscal year 1966, and $10 million for fiscal year 1967, 

with the stated congressional intention of conducting hearings the 

following year to review the impact of the legislation. The program 

expired in 1967. 

In 1968, two major pieces of legislation were enacted which concerned delinquency and its prevention. The Juvenile Delinquency 

Prevention and Control Act of 1968 replaced the Juvenile Delinquency and Youth Offenses Control Act. The 1968 Act was much 

broader in scope than its predecessor and through it, HEW was expected to help States and localities strengthen their juvenile justice 

programs, as well as conrdinate intergovernmental activities. Also 

in 1968, as an outgrowth of the President's Commission on Law Enforcement and the Administration of Justice, the Omnibus Crime 

Control and Safe Streets Act was passed creating the Law Enforcement Assistance Administration (LEAA). Among eligible block 

grant funding categories for States was one providing for the prevention and control of delinquency. The HEW administered program, during its first three years, was disappointing because of 

delay and inefficiency. A director of the Youth Development and 

Delinquency Prevention Administration was not appointed for over 

18 months. Less than a third of the $150 million authorized for 

fiscal years 1968 through 1971 was appropriated. Furthermore, 

only half of the funds that were appropriated were ever actually 

expended. Those funds were too often spent on underfunded, unrelated, and scattered projects. Weakness in program administration, 

the dominance of LEAA, and inadequate funding contributed to a 

general lack of success. 

In 1971, Congress approved a one-year extension of the Juvenile 

Delinquency Prevention and Control Act. It was understood that 

any further extension of the program would not be forthcoming 

unless HEW showed a marked improvement in its efforts to provide national leadership. The 1971 amendments authorized $75 million for fiscal year 1972, and $10 million was appropriated. An interdepartmental council to coordinate Federal delinquency programs was aiso established. 

In 1972, the Juvenile Delinquency Prevention and Control Act 

was extended for two more years under the name "Juvenile Delinquency Prevention Control Act." An attempt was made to more 

clearly delineate the respective roles of LEAA and HEW. LEAA 

was to assist programe inside the juvenile justice system while 

HEW was to fund preventive programs outside the traditional juvenile justice structure. In extending the program, the Congress 

again made it clear that the extension was no substitute for vigorous national leadership, coordination, and provision of resources to 

combat the delinquency problem. 

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After its creation in 1968, LEAA had considerably more congressional support than the juvenile deliquency programs of HEW. 

While LEANs role was more limited to programs within the traditional juvenile justice system, millions of d()llats in State and local 

assistance for juvenile justice improvement programs had been 

funded. By the end of 1970, over 40 of the LEAA funded State planning agencies, which administered funds under the Safe Streets 

Act, were also administering HEW supported Juvenile Delinquency 

Prevention and Control Act programs. In 1971, amendments to the 

Omnibus Crime Control and Safe Streets Act were enacted which 

expressed the intent that LEAA should focus greater attention on 

juvenile delinquency. More emphasis of juvenile delinquency 

within LEAA, coupled with the failure of HEW to fully implement 

the Juvenile Delinquency Prevention and Control Act, led to increased LEAA leadership at the Federal level. In short, HEW had 

the broader mandate, but LEAA had the greater financial resources. 

The Crime Control and Safe Streets Amendments of 1973 required LEAA to place more emphasis on delinquency programming. The Act's declaration of purpose specifically recognized the 

need to prevent juvenile crime through coordinated action at all 

levels of government. More importantly, the 1973 Amendments required each State planning agency to specifically address juvenile 

delinquency in its comprehensive plan. Thus, all State comprehensive plans competing for Federal funds were required to include 

plans for juvenile justice. As a result, it was found that individual 

States, in addressing their own needs and priorities, were able to 

direct a substantial amount of LEAA block grant money to projects 

relating to juvenile delinquency. 

In 1974, as the Juvenile Delinquency Prevention Act was about 

to expire, several bills were proposed to extend or replace it. H.R. 

13737 provided assistance to agencies within the juvenile justice 

system for programs in the area of youth development, and would 

have addressed the problems of runaway youth. H.R. 6265, on the 

other hand, was more far-reaching. It provided for both categorical 

and block grants to States and localities, required submission of a 

State plan, mandated that 75 percent of the State funds be passed 

on to localities, and provided administrative provisions to coordinate juvenile delinquency efforts. A third bill, H.R. 9298, was 

known as the Runaway Youth Act. 

On June 12, 1974, this committee ordered a clean bill, H.R. 

15276, reported to the House, as amended, by a vote of 28 to 1. The 

bill passed the House on July I, 1974, by a vote of 329 to 20. The 

Juvenile Justice and Delinquency Prevention Act of 1974 was 

signed by President Ford on September 7, 1974. The act provided 

for a three-yeur authorization of $350 million and the creation of 

the Office of Juvenile Justice and Delinquency Prevention (OJJDP) 

within LEAA for the purpose of coordinating all Federal juvenile 

justice programs. Programs funded under Title III of the act, however, were to be administered by HEW. 

Other provisions of the act included the creation of a National 

Advisory Committee for Juvenile Justice and Delinquency Prevention to advise LEAA on juvenile justice matters. A Coordinating 

Council on Juvenile Justice and Delinquency Prevention, composed 

of major Federal agency heads, was created to assist in the concen129 

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tration of Federal effort. A National Institute for Juvenile Justice 

and Delinquency Prevention was also created to serve as a 

clearinghouse for delinquency information and to conduct training, 

research demonstrations, and evaluations relative to juvenile justice programs. The act further provided for formula grants to State and local 

governments and grants to public and private agencies to develop 

programs with special emphasis on the prevention of delinquency, diversion from the juvenile justice system, and community-based 

alternatives to traditional incarceration. The granting mechanism 

provided for both block grant and categorical assistance. All of the 

approved advanced techniques and special emphasis areas were 

aimed at decreasing juvenile crime, whether through control or 

prevention, and reducing juvenile recidivism. Similarly, the act 

provided that status offenders (juveniles committing offenses that 

would not be offenses if the juveniles were adults), must not be 

placed in secure detention or secure correctional facilities and that juv~niles should not be J?laced in any in.stitutions ~~ere they would 

be m regular contact Wlth adults convlCted of crlmmal charges or 

awaiting trial on such charges. 

In 1977, the act was reauthorized for three additional years. H.R. 

6111 was the primary House bill, incorporating administration 

amendments, as well as provisions from H.R. 1137, which proposed 

an additional focus on learning disabled children who become involved in the juvenile justice system. Representing a strong bipartisan .effort, on May 5, 1977, H.R. 6111 was reported to the House by 

this l~ommittee by a vote of 34 to O. On May 19, 1.977, H.R. 6111 was 

considered and passed by the House by a vote of 401 to 5. On October 3,'1977,' H.R. 6111, the Juvenile Justice Amendments of 1977, 

was signed by President Carter. 

Although Federal efforts to alleviate the causes of juvenile delinquency and improve the juvenile justice system da:te back for over 

half a century, prior to the Juvenile Justice and Delinquency Prevention Act of 1974, the issue was not approached in a comprehensive fashion. Since passage of the act in 1974, the proportion of serious crime committed by juveniles has steadily fallen as has the 

number of status offenders and nonoffenders housed in secure detention and correctional facilities. It is now time to again consider 

the act's reauthorization. This legislation deserves the continued 

support of the Congress. 

III. HEARINGS 

Hearings on H.R. 6704 were held before the Subcommittee on 

Human Resources on March 19, 1980. Oversight hearings held by 

this committee since the act's last reauthorization in 1977 were 

held on January 24, 1978, March 7, 1978, June 27, 1978, March 20, 

1979, and June 4, 1979. . Testifying at the reauthorization hearings on March 19, 1980, 

were Deputy Attorney General Charles B. Renfrew, representing 

the Justice Department, accompanied by Ira Schwartz, Administrator of the Office of Juvenile Justice and Delinquency Prevention; 

Acting Assistant Secretary for Human Development Services Cesar 

Perales, representing the Department of Health, Education and 

Welfare, accompanied by John A. Calhoun, III, Commissioner of 

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the Administration 01'1 ChildreJ,'l, Youth, and Families and Larry 

Dye, Director of the Youth DevEllopment Bureau; and, New Orleans 

Mayor Ernest N. MoriaI. Testimony was also received from the National Advisory Committee on .Juvenile Justice and Delinquency 

Prevention, the National Gover'nor's Association, the National Association of Counties, the National Council of Juvenile and Family 

Court Judges, the Director of the California Youth Authority, the 

Director of the Division of Public Safety for the State of North 

Carolina, the National Collaboration for Youth, the Council for Exceptional Children, the Associal;ion of Junior Leagues, the National 

Council of Jewish Women, and program representatives from Madison, Wisconsin, Pierre, South Dakota, Chicago, Illinois, and Davis, California. 

The committee also received written submissions from Representatives Thomas Ludlow Ashby, Julian C. Dixon, and Parren J. 

Mitchell, the National PTA, the National Council on Crime and 

Delinquency, the Association for Children with Learning Disabilities, the National Association of Social Workers, the National Coalition of Hispanic Mental Health and Human Services Organizations, the Child Welfare League of America, the National Criminal 

Justice Association, the National Association of Criminal Justice 

Planners, the Association of state Juvenile Justice Administrators, 

the National Network of RUIllaway and Youth Services, Inc., the 

National Youth Workers Alliance, the National Runaway Switchboard, the Arizona Juvenile ,Justice and Delinquency Prevention 

Advisory Council, the Juvenile Justice Advisory Group of Maine, 

the Massachusetts Juvenile Justice Advisory Committee, the Michigan Advisory Committee on Juvenile Justice, the New Jersey Governor's Advisory Committee On Juvenile Justice and Delinquency 

Prevention, the New ME'xico cJuvenile Justice Advisory Committee, 

the Commonwealth of Virgin.ia Juvenile Justice and Delinquency 

Prevention Advisory Council; the California Child, Youth and 

Family Coalition, the Pennsylvania Congress of Parents and Teachers, Inc., Georgetown Univerlsity, the Albuquerque Association for 

Children with Learning Disabilities, the Cleveland Association for 

Children with Learning Disabilities, the YWCA of Greater Pittsburgh, ana. other interested and concerned citizens. 

The committee has fully considered all views presented in recommending the legislation here reported. 

IV. LEGISLATION CONSIDERED BY THE COMMITTEE 

AUTHORIZATWN OF APPROPRIATIONS 

H.R. 6704 extends the Juvenile Justice and Delinquency Prevention Act of 1974, including Title III, the Runaway and Homeloss 

Youth program, for four additional years at current authorization 

of appropriations levels. 

FINDINGS 

The committee proposes additions to the findings of' the act to 

clarifY t~at alc,?hol should also ~e con.sidered as an addicting drug 

causmg mcreasmg problems for Juvemles and to express the belief 

61-640 0 - 00 - 3 

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that the juvenile justice system should give additional attention to 

the problems of' juveniles who commit serious crimes. 

PURPOSE 

H.R. 6704 would expand the existing purposes enumerated ~or 

the act in two respects. It specifies as a purpose of the act provId- ing assistance to State and local governments in the rem?val of ju- veniles from jails and lock-ups for adults, to conform Wlt~ ~ewly 

added State plan requirements and new program authorItIes. It 

further expresses a declared policy of Congress that am<?ng effective prevention programs encouraged by the act, those wIth a special focus on maintaining and strengthening the family unit should 

be included. The committee believes that many juveniles removed 

from their homes could be better served if resources were focused 

on strengthening the family so the child could be maintained there 

as opposed to focu~ing resources on creatin~ facilities t? serve as 

alternatives to fanuly placement. The co~mlttee sees th~s as more 

efficient and less costly, as well as potentIally more effectIve. 

DEFINITIONS 

A number of definitional clarifications are made by the committee bill. These clarifications include defining what services may be 

appropriately considered as "community-based"; d~fining new orga- nization entities within the Office of Justice Assistance, Research 

and Statistics (OJARS) subsequent to reauthorization in 1~7~ of the 

Omnibus Crime Control and Safe Streets Act of 1968; cl~rlfrmg th!'l 

definition of the term "State" with regard to the terrItories; and, 

expanding the definition of what constitutes appropriate I treatment" under the act, to include special education and programs ~esigned to eliminate juvenile dependence on alcohol or other addictive and nonaddictive drugs. H.R. 6704 redefines and clarifies the term /lcorrectional institution or facility" in order to recognize the difference between dete~­

tion and correctional facilities and to define the term secure, m 

conformance with current practice. The new definition is intended 

to provide more specificity and clarity. It is not intended, particu- larly with regard to the term "secure", to indicate a desire on the 

part of ~he commit~ee for a change in cur~e.nt practice as expressed in existmg regulatIons. The current defimtlOn of secure, as defined 

in current regulations, see~s acceptab~e both to the ~t~tes and to 

practitioners. Current practIce as prOVided for by eXlstmg regulations defines a secure facility as one which is designed and operat- ed s~ as to ensure that all entrances and exits from such facility 

are under the exclusive control of the staff of such facility, wheth~r 

or not the person being detained has freedom of movement wlthm 

the perimeters of the facility, or which relies on locked rooms and 

buildings, locked fences, or physical restraints in order to control 

the behavior of its residents. 

The committee also provides a new definition. That is for the 

term "serious crime" which relates to references throughout H.R. 

6704 to new program authority for juveniles who commit ser!ous 

crimes. The . definition is the same as those considered as serlOUS 

(Part I offenses) by the Uniform Crime Reports of the Federal 

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Bureau of Investigation and all reporting police departments throughout the nation. 

Office of Juvenile Justice and Delinquency Prevention 

The Office of Juvenile Justice and Delinquency Prevention 

(OJJ'DP), including the role of its Administrator, was carefully examined during committee oversight. Current law establishes 

OJJDP within the Law Enforcement Assistance Administration 

(LEAA) and makes the OJJDP Administrator specifically subject to 

the direction of the Administrator of LEAA. 

In 1979, when the Omnibus Crime Control and Safe Streets Act 

of 1968 was reauthorized through the Justice System Improvement Act Amendments of 1979, LEAA was reorganized. A coordinative 

body known as the Office of Jusitice Assistance, Research, and Statistics (OJARS) was created and under it three administrative 

/lboxes" constructed from what has been LEAA. LEAA itself was 

retained as one box of provide State and local assistance. The National Institute of Law Enforcement and Criminal Justice 

(NILECJ), which had conducted research within LEAA, was removed from LEAA and made a separate box, known as the National Institute of Justice (NIJ). Statistical operations were removed 

from LEAA and coupled with other statistical operations carried 

on elsewhere in the Justice Department and made a third box, the 

Bureau of Justice Statistics (BJS). H.R. 6704 would establish 

OJJDP as a '%urth box" under the coordination of OJARS and 

/lunder the general authority of the Attorney General", on equal footing with LEAA, the NIJ, and the BJS. 

Establishing OJJDP as a separate administrative entity should 

succeed in making the Office more accountable to Congress and 

this committee as it implements the act. The Juvenile Justice and 

Delinquency Prevention Act of 1974 is a free-standing piece of leg- islation authorizing a Presidentally appointed Administrator to implement the act. Congress should be able to hold the Administrator 

responsible for implementing the act. Establishing OJJDP as a 

"fourth box" should also establish it as a separate line item within 

the Federal budget and increase efficiency by reducing bureaucratic time-delays caused by the duplication involved in dual decisionmaking. During hearings on H.R. 6704, establishing OJJDP as a 

separate entity was endorsed by, among others: 

The National Advisory Committee on Juvenile Justice and Delinquency Prevention; 

Governor's State Juvenile Justice Advisory Groups from New 

Jersey, Massachusetts, Virginia, Arizona, Michigan, and Maine; 

The National Association of Counties; 

The U.S. Conference of Mayors; 

The National Council of Juvenile and Family Court Judges; 

The National Collaboration for Youth (on behalf of the American 

Red Cross, Boy's Clubs of America, Camp Fire, Inc., Girls Clubs of 

America, YWCA, YMCA, National Network Services of Runaway Youth and Families, United Neighborhood Centers, and Girl Scouts); 

The National Council of Jewish Women; 

The Child Welfare League of America; 

The Association of State Juvenile Justice Administrators' 

The National Youth Workers Alliance; , 

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The National Association of Social Workers;. . Re~ion I Coalition of State Advisory Group Chalrs (representmg Mainoe, New Hampshire, Vermont, Connecticut, Massachusetts and 

Rhode Island). . OJARS is intended to provide coordination and support serVIces 

for OJJDP in the same manner as it does for LEAA, NIJ, and BJS. 

It is not intended that OJARS exercise any policy control over the 

activities of OJJDP. The relationship between OJJDP and the Department of Justice is expected to be similar to that enjoyed by 

LEAA since 1968. It is not anticipated nor intended that the Attorney General be involved in the day-to-day operations of the OJJDP 

program. OJJDP is established by H.R. 6704 as a separ~te ~gency 

within the Department of Justice, .under the co.or:dmat~on of 

OJARS but vested with all the operatlOnal and admlmstratlVe authority 'necessary to enable it to accomplish ~he purposes of the act. 

It is expected that, for the purposes of the O~ganization of the Department of Justice, set forth .a Part ~ of Tltle 28 of.th~ Code of 

Federal Regulations, OJJDP wIll be desIgnate? as a prmClpal orga- nizational unit within the Department of Justice. 

The phrase, /lunder the general authority of the Attorney Gen~ral", is intended to empower the Attorney Gener~l to set major policy objectives within which OJJDP would function. The Attorney General may exercise l'e~ulatory authority r~gardin~ OJJDP 

pursuant to Title 5 of the Umted States Code, whlch speclfies that 

the Department of Justice as an Executive Agency and that the Attorney General, as head of the Justice Department, may prescribe 

regulations for the governance of the departmel,lt, the. conduct of 

employees, the distribution and performance of ltS duties and the 

like. The Attorney General also has budgetary powers over OJJDP. 

Coordinating Council on Juvenile Justice and Delinquency 

Prevention 

The Federal Coordinating Council on Juvenile Justice and Delinquency Prev~ntion was mand~ted ~y the ~97 4 act for the purpose of coordinatmg all Federal Juvemle dehnquency. prog.rams a.nd 

policy. While one of the most important and potentially mnovatIye 

components of the Federal pro~am, its performance .thr<?ug~ mld1979 can be described as sporadlc. Through much of ltS hf~, It has 

not even succeeded in meeting the required number of times. In 

1977 the Juvenile Justice Amendments of 1977 reduced the 

number of required. annual meetings. from .6 to 4, hoping that a 

greater interval of tm~e betwee~ meetmgs mlght ~llow for more extensive staff preparation. Yet m 1978~ after ~onslderable ~ressure 

from committee oversight, the CounClI met lts four meetmgs requirement only by meeting on three consecutive days near the end 

of the year-on December 18th, 19th, an? 20.th. . . The committee intends for the Coordmatmg CouncIl to functlOn 

and function successfully. 'the coordination of ~ederal progra!Ds and policy are a prerequisite for Federal leadershlp .. It can prov~de 

a means of avoiding duplication while at the same time promotmg 

cooperative Federal efforts to address coml,l1on pr.oblems. H.R. ~704 

therefore makes the following change~: ~1) It reqUlres t.hat meetm~~ 

be held /lquarterly" rather than lIa nummum of four times a year ; 

(2) it requires that annual reports ~e submitted to the 90ngress as 

well as to the President; and (3) It adds a new functlOn for the 

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Council to review and make recommendations with respect to any joint funding proposal undertaken by the Office and any agency 

represented on the Council. H.R. 6704 further re9uires that the Administrator of OJJDP /lshall" rather than /lmay' appoint staff support. It is the intent of the committee that the Coordinating Council be given its own budget line item with a cap on appropriations not to exceed $500,000 for each fiscal year. 

H.R. 6704 expands Council membership to include the following Federal agency heads: the Secretary of Education, the Director of 

the Community Services Administration, the Director of the 

Bureau of Prisons, the Commissioner of the Bureau of Indian Affairs, the Director for the Office of Special Education and Rehabilitation Services, the Commissioner for the Administration of Children, Youth and Families, the Director of the Youth Development Bureau, the Director of OJARS, the Administrator of LEAA, and 

the Director of the National Institute of Justice. 

Nationel Advisory Committee on Juvenile Justice and Delinquency Prevention 

'fhe role of the National Advisory Committee (NAC) is to advise 

OJJDP, the President, and the Congress with respect to matters 

pertaining to Federal juvenile justice programs and policy. It pro- vides citizen input. While generally successful, there have been 

problems, as documented during committee oversight in 1978 and 

1979. 

Fail)lre on the part of the President to appoint new members in 

a timely fashion to replace those whose terms had expired left the 

NAC with seven vacant chairs for eight months. This caused difficulties obtaining quorums and subsequent problems in meeting the 

act's requirement to meet a minimum of four times a year. 

Staff support was also a problem-seemingly dependent on the 

willingness of OJJDP's Administrator to provide such support. Since passage of the 1977 amendments, such staff support as has 

been provided has been somewhat inconsistent-supplied at times 

by various personnel assigned from OJJDP on a less than full-time 

basis and two different private consultant contractors. The result 

has been inconsistent performance in some areas. A report on 

standards, required by law for submission to the PI'esident and 

Congress by the end of 1975 has yet to be submitted. 

It is the intent of the committee that citizen input be taken seriously. To correct existing problems, H.R. 6704 reorganizes the NAC 

to bring it more in line with other Presidental advisory committees 

under the jurisdiction of the committee-namely the Federal Council on Aging and the National Advisory Council on Economic Op- portunity. This reorganization calls for streamlining NAC membership from 21 to 15 members, mandating full-time, independent, non-contractual staff support, consolidating NAC duties, and allowing NAC members to serve until their replacements are named, 

while requiring the President to fill vacancies not later than 90 

days after they occur. 

Section 207(0 of the committee bill authorized the chairman of 

NAC, with the approval of the membership, to appoint personnel to 

provide staff services. It also forbids procurement of any temporary 

or intermittent contrnctural services of personnel under section 

3109 of Title 5, United States Code. Section 207(h) places a cap on 

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appropriations, not to exceed $500,000 for each fiscal year. It is the 

intent of the committee that appropriations for NAC be considered 

as a separate line item in the Federa.l budget. 

Part B-Federal Assistance for State and Local Programs 

REALLOCATION OF PART B FUNDS 

The committee bill amends section 222(b) to provide that formula 

grant funds unobligated at the end of the fiscal year shall be reallocated in an equitable manner among States which have demonstrated compliance with the deinstitutionalization and separation requirements of the act. "Equitable", with regard to the reallocation of unobligated formula grant and special emphasis funds, is intended to mean on the basis of a compliant State's relative popula- tion of people under age eighteen as compared to that of other compliant States. 

Similarly, section 223(d) is amended to provide that where formula funds are to be reallocated during a fiscal year, whether voluntarily or because of a State's failure to submit a plan meeting the 

section 223 requirements, such funds are also to be reallocated 

among compliant States. Funds reallocated under section 222(b) 

would be added to the allocation of funds for the following fiscal 

year and those reallocated under section 223(d) would be allocated 

as a supplement to qualifying States' current fiscal year awards. In 

either case, these awards would be for programs consistent with 

the purpose of section 223(a)(10)(14) of the act. 

Any unused Part B special emphasis (discretionary) funds reverting to OJJDP are to be available, for reallocation as special empha- sis awards to compliant States on an equitable basis consistent 

with the amendments made by H.R. 6704 in section 228(0 of the act 

as reported out of committee. These additional allocations would be 

for the purpose of E'(dction 224(a)(5) of the act. 

STATE PLANS 

H.R. 6704 makes several chaJ}ges in State plan requirements in 

order to reduce paperwork and bring juvenile justice and delinquency prevention plan requirements into conformance with State 

planning agency criminal justice plan requirements subsequent to 

the 1979 reauthorization of the Omnibus Crime Control and Safe 

Streets Act of 1968. These include provision of three-Ylllar, rather 

than annual, plan submission requirements and a revision in plan format made to section 223(a)(8). H.R. 6704, for the first time, requires that participating States provide for a State concentration 

effort to parallel the Federal concentration of effort provid.ed for in the act. 

STATE ADVISORY GROUPS 

In an effort to further strengthen State advisory groups, H.R. 

6704 makes several minor changes. In accord with the reorganiza- tion of the National Advisory Committee, the committee bill provides that membership should consist of not less than 15 rather 

than not less than 21 members. The committee bill requires that 

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locally elected officials be incl';1ded in advisor:y group. members~ip· 

and specifies that public agenCles concerned WIth speCIal education 

ought to be among those considered for representatIOn. . H.R. 6704 reduces the mandatory Rercenf,age of advls<?ry group members who are to be considered youth representat.lves from 

one-third to one-fifth but correspondingly lowers the maXImum age 

for inclusion in this category from 26 ye~r~ ?f ~ge to 24 ye~rs of 

age. This should give' Governors mor.e flexlbII~t:y m the selectIOn of 

group members while at the same time provI~mg for a more t~ue 

reflection of youth needs. It should be empha~Ized th~t the reqUIrement specifies "at least" one-fifth. The commIttee beheves a hI~her 

percentage can be advantageous but would leave that determmation to individual States. d 

The committee bill requires that three of the mem~er~ of t~e a 

- visory group shall have been or shall ~e under .the JurIsdICtion of 

the juvenile justice system. The preVIOUS reqUirement had been 

that these three members had to be from among the youth members. H.R.. 6704 broadens this requirement to include ~ull membership but adds the additional mandate that State adVIsory groups 

contact and seek regular input from juveniles curre~tly under the 

jurisdiction of the juvenile justice! system. The commIttee firmly believes that advisory groups should have a first-hand awareness of 

state correctional facilities and justice systems and that at le~st 

part of that awareness should come from young people who ar.e mvolved at the time. The committE~e is c?ncerned that some adVIsory 

groups might consider their duty to gam sucl?- awareness co~pleted 

when a few youth members with such e:cperl~nce are appomt~d to 

advisory group membership. The com~l1lttee ~n~ends th~t ~dvlsory 

group members be activelx involved m acqumng contmumg per- spectives from "consumers' withiln t~e juvenile justice .system. 

H R 6704 also makes it a r,eqUIrement that adVIsory groups make 'at least annual recommendations to the Governor and the 

legislature. Previously, advice could be provided only on request. 

ADVANCED TECHNIQUES 

Current law provides that not less than 75 percent of formllia 

grants funds allocated to a part:icular State m~st be used for 'Iad_ 

vanced technique" programs. The~e pr~grams. mclude programs. to 

develop, maintain, and expand Juv~11l1e. de~mq~ency preventIOn services, to direct juveniles from tl?-e Juvemle JustIce s~stem, and to 

provide community-based alternatIv.es to co~~~ment m secure detention facilities and secure conectIonal faCIhtIes. H.R. 6~04 a~ds, 

as an additional authority, the provision of programs for Juvem.les 

who have committed serious cd~es, particularly pro~rams whIch 

are designed to improve sentencmg procedu~es, prOVIde ~esources 

necessary for informed dispositions, and prOVIde for effective rehabilitation. I' f 'fi d In addition the committee bill expands the 1St 0 speCI IC. a - vanced techniques mentioned in the bill. It bro~dens and clarIfies 

the advanced technique program category calh.ng for the ~se. of 

local government subsidies or financial. incentives by speclfy~ng 

that such subsidies shall be d1dsigned to eIther: (1) remove Juvemles 

from jails and lock-ups for adults; ~2) replic~te juvenile ,Pr?grams designated as exemplary by the National Institute of Justice, (3) es137 

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tablish and adopt standards for the improvement of juvenile justice; or (4) increase the use of nonsecure community-based facilities 

and discourage the use of secure incarceration and detention. 

H.R. 6704 expands eligibility of programs designed to implement 

projects relating to juvenile delinquency and learning disabilities to 

include on-the-job training programs to assist law enforcement and 

juvenile justice personnel to more effectively re~ognize and provide 

for learning disabled and other handicapped youth. ' 

The committee bill also identifies projects designed to work with 

juvenile gangs as an eligible advanced technique program area. 

REMOVAL OF JUVENILES FROM JAILS AND LOCK-UPS FOR ADULTS 

The committee bill would add a new section 223(a)(14) to current 

law to require the removal of juveniles from jails and lock-ups for 

adults. States participating in the formula grant program would 

have five years from the enactment of the Juvenile Justice Amendments of 1980 to achieve compliance with this new provision. 

States that are in substantial compliance with the requirement 

after five years, through the achievement of at least 75 percent removal of juveniles from jails and lock-ups for adults, may be given 

up to two additional years to achieve full compliance if the State 

has made, through appropriate executive or legislative action, an 

unequivocal commitment to achieving full compliance within a reasonable period of time not to exceed two years. This new paragraph complements the existing deinstitutionalization and separation provisions of the act. Section 

223(a)(12) requires that participating States remove all juveniles 

who have committed offenses that would not be criminal if committed by an adult (status offenders) and nonoffenders such as dependent or neglected children, from secure juvenile detention or secure 

correctional facilities. Most States are in the process of completing 

this effort. Section 223(a)(13) of the act requires participating States 

to provide that juveniles who are alleged to be or found to be delinquent, as well as juveniles within the scope of section 223(a)(12), 

shall not be detained or confined in any institution in which they 

are in regular contact with adults incarcerated because they have 

been convicted of a crime or are awaiting trial on criminal charges. 

The committee believes, based on evidence presented during 

hearings on H.R. 

6rt04, that the time has come to go farther. Statistics from recent surveys covering nine states indicated that 18 percent of the juveniles jailed in adult facilities had not committed a 

criminal offense. It was reported that 4 percent had committed no 

offense at all. Furthermore, it was reported that of those juveniles 

in jail for criminal offenses, 88 percent were there on property and 

minor charges. Witnesses during the hearings pointed to potential 

physical and sexual abuse encountered by juveniles incarcerated in 

adult jails. It was pointed out that during 1978, the suicide rate for 

juveniles incarcerated in adult jails was approximately seven times 

the rate of children held in secure juvenile detention facilities. One 

Depadment of Justice official termed this a "national catastrophe." 

Statistics on inappropriate placements, the evidence of harm, the 

growing body of constitutional law, and the expressed belief that 

properly planned and implemented removal of juveniles from all 

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adult jails and lock-ups is economically feasible, promoted the committee amendment. Among those on record supporting the removal 

of juveniles from adult jails and lock-ups were the Justice Department; the National Coalition for Jail Reform; the American Correctional Association; the National Council of Juvenile and Family Court Judges; the National Sheriffs Association; the National Association of Counties; the National League of Cities; the National 

Association of Blacks in Criminal Justice; the Association of Junior 

Leagues; the National Council on Crime and Delinquency; the 

Child Welfare League of America; and the American Civil Liberties 

Union. 

The new provision does not require the release of any juvenHe 

delinquent offenders from secure detention or secure correctional 

facilities. Juveniles alleged to have committed delinquent offenses 

can still be detained in secure facilities-but not in adult jails and 

lock-ups. The committee intends the new provision to extend to all juveniles who may be subject to the exercise of juvenile court jurisdiction for purposes of adjudication and treatment based on age and . offense limitations established by State law. If a juvenile is formally waived or transferred to criminal court by a juvenile court and 

criminal charges have been filed or a criminal court with original 

or concurrent jurisdiction over a juvenile has formally asserted its 

jurisdiction through the filing of criminal charges against a juvenile, the section 223(a)(14) prohibition no longer attaches. 

The committee recognizes that flexibility may be required in the 

case of juveniles who are waived or otherwise come under criminal 

court jurisdiction. Appropriate alternative secure placements for 

serious and violent juvenile criminal offenders waived or bound 

over to adult court are often not available. For these juveniles, a 

judicial or legislative determination has been made that they are 

not to be processed in the juvenile justice system. However, the 

new provision is not intended to encourage increased waivers of juveniles to criminal court, a decrease in the age of original or concurrent criminal court jurisdiction, or a lowering of the age of juvenile court jurisdictions for specific categories or classes of offenses 

committed by juveniles. 

The new provision requires removal of juveniles from adult jails 

and lock-ups. For the purposes of this provision, a jail for adults is 

defined as a locked facility, administered by State, county, or local 

law enforcement and correctional agencies, the purpose of which is 

to detain adults charged with violating criminal law, pending trail. 

Also considered as adult jails are those facilities used to hold convicted adult criminal offenders sentenced for less than one year. 

The new provision is intended to require the removal of juveniles 

from such facilities. A lock-up for adults is similar to a jail for 

adults except that it is generally a municipal or police facility of a 

temporary nature which does not hold persons after they have 

been formally charged. 

Facilities which are not authorized to or do not in practice hold 

adults convicted of a crime or awaiting trail on criminal charges 

are not considered adult jails or lock-Ups. Also, institutions and 

facilities that are used exclusively for the post-conviction or postadjudication detention or confinement of offenders who have been 

convicted of crimes or adjudicated delinquent are not adult jails or 

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lock-ups. Juveniles adjudicated delinquent, if confirted in an institution that incarcerates adult criminal offenders, would continue to 

have to be separated from regular contact with adults in order for 

the State to be in compliance with the section 223(a)(13) separation requirement. 

The committee expects a IIrule of reason" to be followed in the 

implementation of section 223(a)(14). For example, it would be permissible for OJJDP to permit temporary holding in an adult jail or 

lock-up by police of juveniles arrested for committing an act which 

would be a crime if committed by an adult for purposes of identification, processing, and transfer to juvenile court officials or juvenile shelter or detention facilities. Any such holding of juveniles 

should be limited to the absolute minimum time necessary to complete this action, not to exceed six hours, but in no case overnight. Section 223(a)(13) would prohibit such juveniles who are delinquent 

offenders from having regular contact with adult offenders during this brief holding period. 

MONITORING REQUIREMENTS 

Current law requires that participating States provide for an 

adequate system of monitoring jails, detention facilities, correctional facilities and non-secure facilities to insure that the 

deinstitutionalization and separation requirements are being met 

and provide for annual reporting of results. H.R. 6704 provides that 

monitor.ing reports shall also include progress regarding the new 

requirement of removing juveniles from jails and lock-ups for adults. 

It also provides that annual monitoring report requirements shall not apply to States which are fully in compliance with the 

deinstitutionalization, separation, and removal-from-adult-jail requirements and which have enacted State legislation which conforms to those requirements and which, in the opinion of the Administrator, contain sufficient enforcement mechanisms to insure 

that the legislation will be administered effectively. The intent of 

the committee is to reduce paperwork, to provide an additional incentive for full compliance, and to encourage States to pass State 

legislation which conforms to the requirements of the act. 

SUBSTANTIAL COMPLIANCE , Current law provides, in section 223(c), for termination of a 

State's eligibility to participate if there is a failure to comply with 

the deinstitutionalization requirement but also provides for up to 

two years additional participation, if substantial compliance with 

the requirement has been reached. H.R. 6704 extends the substantial compliance provision to the removal-of-juveniles-from-adultjails requirement and, with regard to the deinstitutionalization 

mandate, provides an additional criteria for what substantial compliance might look like. Current law recognizes no differences between status offenders held in secure detention and those placed 

for long periods of time in secure correctional facilities. It provides 

that if a State has deinstitutionalized not less than 75 percent of 

such juveniles and has an unequivocal commitment to achieve full 

compliance within a reasonable time, eligibility can continue. H.R. 

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6704 modifies that definition only to the extent that eligibility 

could also be continued if a State had tot~lly re~.oyed s~at}ls offenders and other non offenders from correctlOn faClh~Ies withm the 

three year period, as opposed to a 75 percent r~ductIo~ of both detention and correctional placements. The maXImum tIme allowed 

for full compliance would remain the sa~e-five years. . The committee is concerned about chIldren who have. commItted 

no criminal offense being locked away in secu!e corr~ctIo~al placements for long periods of time. Secure d~tentlOn, whIle stI~1 harmful to status offenders and nonoffenders, IS of shorter duratIon. T.he 

committee believes that States who have tota!ly ended the pr~ctIce 

of placing status offenders and nonoffenders.m secu~e correctIonal 

placements within the allowable three year tIme perIod should also 

be judged to have made a good faith effort. 

SPECIAL EMPHASIS PROGRAMS 

H.R. 6704 makes only slight modifications to the progra~s identified by the act as special emphasis areas. It adds a statewIde subsidy program similar to that provided for among. formula g~ant advanced techniques and expands program. auth~>rlt:r .f~r proJ~cts relating to juvenile delinquency and learnmg. dIsa~Ih~Ies .to mclude 

on-the-job training for law enfo~cement and Juvemle JustIce personnel, also similar to that prOVIded for among formula grant advanced techniques. . . . h' 

The committee bill does make a noteworth~ ~dditIon to t IS section, however, by requir~ng that the A~mmistra~or of OJJ~P 

makes this assistance avaIlable on an eqUl.tabl~ baSIS to deal WIth 

disadvantaged youth, including females, .mmority y~uth, and mentally retarded and emotionally or physlCally handI~apped youth. 

Similar requirements are placed on the States by eXIstmg la~ and 

it is only reasonable the Federal discretionary funds be avaIlable 

under the same requirement. . . There have been rather seriOllS allegatIons brought. to the .attention of the committee that assistance has ~een avaIlable, .m t~e 

past, on an inequitable basis, particularly WIth regard. t? mmorIty 

youth. The committee strongly encourages t~e Admimstrator of 

OJJDP to formally investigate these allegatIon~ ~nd report the 

findings. Should such inequity exist, as allegerl, It IS the mtent of 

the committee that it be corrected. 

Part C-National Institute for Juvenile Justice and Delinquency 

Prevention 

The committee bill makes no change in ~he structu~e or function 

of the National Institute for Juvenile JustIce and Delmquency Prevention (NIJJDP). It is the belief of the com~itee th~t research 

conducted br NIJJDP should be closely coordI~ated 'Yith. t~at ?f 

the Nationa Institute of Justice in order to aVOId duphcatIon. It IS 

further the intent of the committee that appropriations for NAC be 

considered as a separate line item in the Federal budget. 

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RUNAWAY AND HOMELESS YOUTH 

H.R. 6704 broadens the name and scope of Title III programs to 

Runaway and Homeless Youth, in recognition of the fact that 

many youth presently being served by Title III projects do not 

leave home of their own accord, but may, in many instances, be 

pushed out or be running from physical or sexual abuse. 

The committee bill requires for the first time that Title III 

grants be made equitably among the States based upon their respective population of youth under 18 years of age. This conforms 

grant allocation under Title III to the same criteria for distributing assistance utilized in Title II of the act. It is done also in recognition of evidence presented to the committee during oversight that 

more children running away today are running within their own 

communities or being pushed out rather than running across country. This being the case, assistance is needed in communities across 

the country and funds should be allocated in such a way as to reflect that fact. 

Two additional program authorities are given the Secretary of . Health and Human Services. One is to provide supplemental 

grants to centers which develop, with the cooperation of juvenile 

court and social services personnel, model programs addressing the 

needs of chronic runaways-those who run from home or placements repeatedly. The second is to provide on-the-job training to 

local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare 

personnel to assist them in recognizing and providing for learning 

disabJed and other handicapped juveniles. 

V. CONCLUSION 

The committee believes that H.R. 6704 will strengthen and revitalize programs established by the Juvenile Justice and Delinquency Prevention Act of 1974. The committee bill reflects recommendations included in H.R. 6704, as originally introduced, H.R. 6983, the 

Administration's bill, and the comments of many interested public and private representatives. 

The Federal government does have a valuable role to play in supplying resources needed to combat delinquency and leadership required to assure coordination and cooperation at all levels. The 

problems associated with juvenile criminality and delinquency will 

not be easily cured. Many factors are involved which have only 

begun to be addressed. Funding is certainly an important component in the implementation of a national strategy to deal with delinquency. But more than money is needed. There must be a como' 

mitment by all involved to resolve the legal and social problems 

which lel:\d children into trouble. Alternatives to traditional poli- cies must be developed and innovation must be encouraged. Many 

States, localities, and private organizations are already redirecting 

and increasing their efforts in this area. The committee believes 

that H.R. 6704 can further emphasize the commitment that is 

needed. Passage of the bill will provide important focus for this 

program and permit its full potential to be realized. 

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VI. COMMITTEE ApPROVAL 

In compliance with clause 2(c)(I)(2)(b) of rule XI of the Rules <?f 

the House of Representatives, the committee states that on AprIl 

22, 1980, a quorum being present, the committee favorably reported 

H.R. 6704, as amended by a roll call vote of 32 to O. 

VII. OVERSIGHT STATEMENT 

In compliance with clause 2(1)(3)(A) of rule XI of the Rul.es of the 

House of Representatives, this report embodies the findmgs and 

recommendations of the Subcommittee on Human Resources, established pursuant to clause 2(B)(I) of Rule X of the Rules of the 

House of Representatives and rule 18(a) of ~he Rules ?f.t~~ Committee on Education and Labor. Pursuant to Its responsIbIlItIes, the 

committee has determined that legislation should be enacted as set 

forth in H.R. 6704, as amended. 

VIII. INFLATIONARY IMPACT STATEMENT 

In compliance with clause 2(1)(4) of rule XI of the Rules of the 

House of Representatives, the commi~tee s~ates th:;tt the enactm.ent 

into law of H.R. 6704 will have no mflatIOnary Impac~ on. prIces 

and costs in the operation of the economy .. H.~. 6704 mamtaI!l~ the 

current level for authorization of appropr~atI<?ns for an add~tIOnal 

four years. This amounts to a total authOrlZatIOn level for TItles II 

and III programs of $225 million, which represents less than four 

hundredths of one percent of the $691.3 billion budget authority 

proposed in the Administration's revised budget fo~ fiscal year 

1981. The $130 million is estimated budget. outlays. projected by the 

Congressional Budget Office for the Juvemle JustIce Act programs 

in fiscal year 1981 represents about two hundredths of ~)l~e per:cel}t 

of the $611.5 billion in total outlays under the AdmimstratIOn s 

proposed budget for fiscal year 1981. 

IX. OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE 

ON GOVERNMENT OPERATIONS 

In compliance with clause 2(1)(3)(D) of rule XI of the Rules. of the 

House of Representatives, the Committee states that no findmg~ or 

recommendation of the Committee on Government OperatIOns 

were submitted to the Committee. 

X. COST OF THIS LEGISLATION 

A. ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE 

In compliance with clause 2(1)(3)(C) of rule XI of the Rules of the 

House of Representatives, the .estimate and comparison p~epared 

by the Director of the CongreSSIOnal Office pl;lrsuant to s~ctlOn ~03 

of the Congressional Budget Act of 1974, as tImely submItted prIor 

to the filing of this report, is set forth below. 

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CONGRESSIONAL BUDGET OFFICE, 

U.S. CONGRESS, 

Washington, D.C. May 6,1980. 

Hon. CARL D. PERKINS, 

Chairman, Committee on Education and Labor, 

U.S. House of Representatives, Washington, D.C. 

DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congres- sional Budget Act of 1974, the Congressional Budget Office has pre- pared the attached cost estimate for H.R. 6704, the Juvenile Justice 

Amendments of 1980. 

Should the Committee so desire, we would be pleased to provide 

further details on this estimate. 

Sincerely, JAMES BLUM, 

(for Alice M. Rivlin, Director). 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE-MAY 6,1980 

1. Bill number: H.R. 6704. 

2. Bill title: Juvenile Justice Amendments of 1980. 

3. Bill status: As ordered reported by the House Committee on 

Education and Labor, April 22, 1980. 

4. Bill purpose: The purpose of this legislation is to authorize the 

appropriation of funds for juvenile justice and delinquency preven- tion and runaway and homeless youth programs. Specifically, the 

bill authorizes $200 million for each of the fiscal years 1981 

through 1984 for juvenile justice programs, and $25 million each 

year for the same period for youth programs. The bill also limits 

the authorizations for the Coordinating Council and the National 

Advisory Committee for juvenile justice and delinquency prevention to $500,000 per year. This amount is contained in the $200 million authorization for the juvenile justice programs. 

5. Cost estimate: 

(By fiscal years, in millions of dollars] 

Authorization level: 

1981......................................................................................................................... 225 

1982 ......................................................................................................................... 225 

1983 ......................................................................................................................... 225 

1984 ......................................................................................................................... 225 

1985 ....................................................................................................................................... . Estimated outlays: 1981......................................................................................................................... 130 

1982 ......................................................................................................................... 225 

1983......................................................................................................................... 225 

1984 ......................................................................................................................... 225 

1985 ......................................................................................................................... 95 

The costs of this bill fall primarily within budget function 750. 

6. Basis of estimate: For the purpose of this estimate, it has been 

assumed that the full amounts authorized for each fiscal year will 

be appropriated. Estimated outlays are based on information obtained from the Justice Department and on historical spending patterns which indicate that approximately 60 percent of each year's funds for the juvenile justice programs are spent in the first year, 

and 40 percent in the second year. The runaway and homeless 

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youth programs are estimated to spend 50 percent of their funds in 

the first year, and the remaining 50 percent in the second year. 7. Estimate comparison: None. 

8. Previous CBO estimate: None. 

9. Estimate prepared by: Kathy Weiss. 

10. Estimate approved by: C. G. Nuckols for James L. Blum, Assistant Director for Budget Analysis. 

B. COMMITTEE ESTIMATE 

In compliance with clause 7(a)(1) of rule XIII of the Rules of the 

House of Representatives, the committee adopts the estimate pre- pared by the Director of the Congressional Budget Office. 

XI. SECTION-By-SECTION EXPLANATION 

SHORT TITLE 

Section 1 of the bill provides that this lee-islation may be cited as 

the IIJuvenile Justice Amendments of 198011• 

AUTHORIZATION OF APPROPRIATIONS 

Section 2(a) amends section 241(a) of the act as redesignated to 

provide for a 4-year reauthorization at current authorized levels of 

funding for Title II programs. 

Section 2(b) amends section 341(a) of the act to provide a 4-year 

reauthorization at currently authorized levels of funding for Title 

III programs. 

FINDINGS 

Section 3 amends Section 101(a) of the act to clarify that alcohol 

is also found to be a drug which contributes to delinquency, by making a technical amendment preparatory to the addition of a 

new paragraph, and by adding a new paragraph, (8), finding that 

"the juvenile justice system should give additional attention to the 

problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providint; resources necessary for informed dispositions, and rehabilitation.' 

PURPOSE 

Section 4(a) amends section 102(a) of the nct to provide that an 

additional purpose of the aet is to as..'llst State and local governments 

in removing juveniles ~l'om jails find lockups for adults. 

Seotion 4(b) amends section 102(b) (1) of the act to clarify that it 

is the purpose of Congress, in providing necessary resources, leadership, and coordination for developing and implementing methods of 

preventing and reducing delinquency, to include methods with a special focus on maintaining and strengthening the family unit. 

DEFINITIONS 

Seotion 5(l~) amends section 103(1) of the act to clarify that special eQucation is an appropriate rehabIlitative service which may be carried out in a "communIty based" facility. 

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Seotinn 6(b) amends section 103(4) of the act to specify that the 

"Office of Justice Assistancel Research and Statistics,' the "Law Enforcement Assistance Admimstration," the "Nationu.l Institute of Justice," and the "Bureau of Justice Statistics" are those agencies established resp'-ectively by sections 801(a), 101, 202(0.), and 302(11.) of the 

Omnibus Crime Control and Safe Streets Act of 1968. 

Section6(c) amends section 103(1) ofthe act to specify which territories or possessions are to he treated as "States" for the purpose of the 

act. 

Section 6(d) amends section 103(9) to clarify that juvenile justice 

and delinquency ('revention plans ratllef than law enforcement plans 

are those qualifymg groupings of St'ates and units of local governments as a "combination" for the purposes of the act. 

Section 6(e) amends section 103(12) of the act to strike the definition of "correctional institution or facility" and to replace it with a 

more specific definition of "secure detention facility" describing such 

facility as any public or private residential facility which is designed 

to be physically restrictive for those held in lawful custody and used 

for temforary placement of juveniles or other individuals, accused of 

crimina offenses. 

Secti01l. 6(/) amends section 103 of the act to make a technical 

amendment and inserting 2 new paragraphs to define the terms "secure 

correctional facility" and "serious crime". The term "secure correctional facility" is defined to include any public 01' private residential 

placement which is designed to be physlCally restrictive for those held 

m lawful custody and used for placement after adjUdication and disposition. The term "serious crime" is defined to include criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery, 

la.rceny or theft puni~hable as ": felony, motor vehicle t.heft, bl!-rglary 

or breaking and entermg, extortion accompamed by threats of VIolence, 

and arson punishable as a fe.lon~:.._ ,~_. A" • ,__ , • 

Section 6 (g) amends section lIJ3 ~ 10) ot the act to clarIfy that specIRI 

education is an appropriate form of treatmen~ for the pl!-rp'oses of the 

act and to clarify that alcohol should be conSIdered addlCtmg for the 

purposes of the act and that treatment is also appropriate to eliminate 

or control dependence on nonnddictive as well as addictive drugs. 

OFFIOE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

Section 6(a) amends section 201(a) of the act to place the Qffi~e 

under the general au(hority of t,he Atto1'l1ey Generalmther than wlthm 

the La;w Enforcement Assistance Admin~strati~il. . . Section 6 (b) amends section 201 ( d) to prOVIde that the .admmlstrator exercises all necessary powers under the general authorIty of the 

Attorney Genernlrather than.the Admini~tl'ator of the Law.~nforcement Assistance Administratl?n j to clarI,fy that the Adm}ms~rator 

of the Office of Juvenile JustIce and Delmquency PreyentIOn IS a~­

thorized to presr-ribe regulations for all grants and con~rncts aVaIlable under part B and part C of title II; a!ld to provId~ ~at ~he 

Administrator of the Law Enforcement ASSIstance AdmmlstratIon 

and the Director of the National Institute of Justic~ may, d~leg~te 

authority to the Administrator of the Office for aU Juvemle ]ustl,ce 

and delinquency prevention grants and contracts 'for funds made avaIlable under the Omnibus Crime Control and Safe Streets Act of 1968. 

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Section 6 (0) amends section 201 (e) of the act to provide that ~,he 

Deputy Administl'lltor of the Office shall be appointed by the Attol'llley 

General mther than the Administmtor of the Law Enforcement Assistance Administration. 

Section 6(d) amends section 201(f) to ('rovide that the Deputy 

Administrator of the Office whose function IS to supervise and direct 

the National Institute for Juvenile Justice and Delinquency Prevention shall be appointed by the Attorney General rather than t.he Administrator of the Law Enforcement Assistance Administration. 

CONOENTRATION OF FEDERAL EFFORTS 

Section 7'(a) amends section 204(b) to make a conforming amendment and to authorize the Admimstrator of the Office of Juvenile 

Justice and Delinquency Prevention to provide training assistance, as 

well as technical assistance, t.o Federal, State, and local governments, 

courts, public and privatea.genciesl institutions, and individuals, in 

the planning, establishment, fundmg, operation, or evaluation of 

juvenile delinquency programs. 

Section 7'(b) amenus section 204 to place a limit on appropriations 

for the purposes of section 204, not to exceed 7.5 percent of the total 

amount appropriated to carry out title II for'68ch fiscal year. 

COORDINA'l'INO COUNOIL ON JUVENILE JUSTICE AND DELINQUENOY 

PREVENTION 

Section8(a) amends section206(a) (1) of the act to clarifI that the 

Secretary of Housing and Urban Development is a cabinet level secretary included on th.e Coordinating Council; to add the Secretary of 

Education as a new cabinet level member; and to add the Director of 

the Community Services Administration, the Director of the Bureau 

of Prisons, the Commissioner of the Bureau of Indian Affairs, the 

Director for the Office of Special Education and Uehabilitation Services, the Commissioner for the Administration for Children, Youth, , and Fam.ilies, and the Director of the Youth Development Bureau to 

the Coordinating Council. 

Section 8 (b) amends section 206 ( c) to provide that the Coordinating Council make its annual recommendations to the Congress as well 

as the President and to provide that the Coordinating Council sha.ll 

review and make recommendations with respect to any joint funding 

proposal undertaken by the Office of Juvenile Justice and Delinquency 

Prevention and wny agency represented on the Council. 

Section 8(0) amends section 206(d) of the act to stipulate that the 

Cool'dinating Council should meet at least quarterly rather than 

simply four times a year. 

8ection 8(d) amends section 206(e,) of the act to provide that the Ad~inistrntor of the Office of .Tuve~li1e Justice and Delinquency PreventIOn sl~all, ruther than may, appomt such personnel or staff support 

as he conSIders necessary. . 

8ection 8(e) amends section 206(g) of the act to place a limit on 

l1.ut,horizations of appropriations for the Coordinating Council, not to 

exceed $500,000 for eai."h fiscal year. 

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NATIONAL ADVISORY COMMI'l'TEE }'OR JUVENILE JUSTICE AND 

DELINQUENOY 1'ltEVENTlON 

Seotio?t 9 amends part A of title II of the act to strike out section 

207, sectIon 208, and sectio~ ¥09, and inserting a single new section 

for the purpose of reorgalllzmg the National Advisory Committee. 

Changes subsequent to the reorganization: (1) provide for 15 rather 

than ~1 members, appo,inted by the President;, (2) provide til at nve 

of the,members so app'omt~d shall,not have attamed 24 years of age on 

01' before the date of theIr appomtment; (3) req,uire that 2 of the 

~emb,el's. sh~ll be 01' shall have ,been under the Jurisdiction of the 

Juvelllle JustlCe system; (4) reqUlre the Advisory Committee to cont~ct,a.nd seek r~gula~' invut,from juveniles currently WIder the juris- dlCtl(~n of the Juvemle Justlce system; (5) provide that members be 

appomted for 3 rathel' than 4 yeal'S; (6) require the initial appointment of me.mbers to be made not later than 90 da,ys after the effective 

date of the new section; (7) require the President. to fill vaClmcies 1110 

later tha!l 90 days ltf~er a va,cancy occurs; (8) allow mombcrs to serve 

after theIr terlll/) expm.', lllltli tlll'ir HuceeHHorH Ill'(' Hnllled; (!) rt'<luire 

at le~t qualt,er!~' lII?e~lllgs ruther thnl~ n, llIiI!illlllm of ·1 llleet,ingH It 

J:ell.r, (10) PI0\ l,de fOl It dute of Hubullsslonfor n.IlIlllul l'eolllJlHmdatlOns, to the PresIdent u,nd Congress; (11) provide for stn.ff assistance 

appomted by th~ Chuu'llllln rather thun till' AthuiniHtl'lltol' of the 

Office;, (1~) provIde. that the Ad,'isory COlllmittee Hhullnot Im.ve, any 

!l-uthor~ty to prOCl!r~ C'mployment of {'XpertH and ('ollsultants ILS speciJied 

I!l ~ectlOn 3109 .of t,ltle ;i of thcUnit{'{l ::;tlltt'~ Codo; und (1:3) plnce It 

bnut of lLuthol'lzatiolls of Il.ppl'opl'iations, not to oxct'ed $500,000 pel' fiscal year. 

ALLOOATION 

Seo~ion 10 amends section 222(b) to provide that formula :funds 

uno,bhgated at the end of each fiscal yeal' shall be reallocated in an 

eqUltll;Dle manl!e.l' to St~ltes which a,re determined by the Admiuistrator 

t,o be III ~omphance WIth the reqUlrements of section 223(a) (12) (A) 

and sectlOn 223 (a) (13) for use by the States in a manller conSIstent 

with the purposes of section 223 (a.) (10) (H). 

STATE PLANS 

Section 11 (a) (J) amends sedioll 223 (a) of the act to provide for 

B-year, rat~er than a,nuual, plans"lt~d annllall~ submitted performance ~eports w~l1~h descrlbe progi'C'SS III 1Il1plenwntmg programs contuined 

m tl~e orIgmal plan Ilnd the status of ('ompliance with State plan reqUlrements. 

Section JJ(a) (13) ulIIl'nds I'l'ction 22:3(1t) (:1) (A.) to provirh\ that. 

State advisory gl'OUpH shull consist of between 15 una :13 Illembl'l'fj 

rather than between 21 and 33 members, 

Section lJ(a) (~~ ItmNl?S sl~('tion 22:-l(1l) (:-l) (A) to pro\'icl(~ th'llt loca~ly ehlcted othmuls be mduded on State adVISOl'Y g'l'OUpH and to 

cl~rt:fy that sp~d,al ed~clttion departm{,l~ts should b{~ in:-Iudt'd Itlon~ 

WIth other publIc agencIes for repl'esclltuhon on Stllte adVisory groups, 

Secti01t U (a) (4) IUlI(mds section 223 (a) (:3) (E) oft.he aet to provid'i} 

that one-fifth of the members of Rtatn advisOl'Y gl'oups shull he unde:I' 

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24 years of age at the time of their appointment, 'L'ather than one-third 

under 26 years of age. 

Seotion 11 (a) (5) amends section 223(11.) (3) (F) of the act to require 

that State adVIsory g,t'oups submit recommendatIons to the Governor 

and the state legislature at least annually regarding matters related 

to its functions and to re<Juire that State advisory groups contact and 

seek regular input from Juveniles currently under the jurisdiction o:f 

the juvenile justice system. 

Section 11,(a) (6) amends section 223(a) (3) (F) (iii) of the act to 

make a techmcal amendment. 

Section 11 (a) (1) amends section 223 (a) (8) to conform State juvenile justice plan requirements with State criminal justice application 

reqUlrements and to require a State concentration of effort to coordinate State juveuile delinquency programs and policy. 

Section 11 (a) (8) amends section 223 (a) (10) of the act to clarify 

that the advanced techniques described in the para~raph are to be used 

to provide community-based alternatives to "secure' juvenile detention 

and correctional facilities; to make a technical amendment; to clari:fy 

that advanced techniques can be used for the purpose of providing 

programs for juveniles who have committed serious crimes, particularly programs designed to improve sentencing procedures, provide 

resources necessary for informed dispositions, and provide :for effective rehabilitation j and to add for a new advanced technique category 

providing for projects designed both to deter involvement in illegal 

activities and to promote involvement ill lawful activities on the pa.rt 

of juvenile gan~ and their members. 

Seotion 11 (a / (9) amends section 223 (a) (10) (A) of the act to clarify that educatIon and special education nrograms are appropriate to 

00 included among community-based programs and services. 

Seotion 11(a) (10) amends section 223(a) (10) (E) of the act to 

clarify that educational programs included as advanced techniques 

should be designed to encourage delinquent and other youth to remain 

in school. 

Seotion 11(a) (11) amends section 223(a) (10) (H) of the act to 

provide that statewide programs through the use of subsidies or other 

financial incentives to units of local government should be designed 

to: (1) remove juveniles from jails and lock-ups for adults; (2) replicate juvenile programs designed as exemplary by the National Institute of Justice' or, (3) to establish and adopt standards for the 

improvement of juvenile justice within the State; 01', (4) to increase 

the use of nonsecure, community-based facilities and discourage the 

use of seUllre incarceration and detention. 

Seot'ion 11(a) (1~) amends section 223(a) (10) (I) of the act to 

clarify that advanced technique programs designed to develop and 

implement projects relating to juvenile delinquency and learning disabilities may include on-the-job training programs to assist law en-

:forcement tmd juvenile justice personnel to more effectively recognize 

and provide for learning disabled and other handicapped juveniles. 

Seotion 11(a) (18) amends section 223(a) (12) (A) of the act to 

clarify that juveniles who are charged with or who have committed 

offenses that would not be criminal if committed by un adult. shall not. 

be placed in "secure detention facilities or secure correctional facilities" 

rather thll,n simply "juvenile detention or correctional fa.cilities." 

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Section 11 (a) (14) amends section 2-23 (0,)( 14) to make a technical 

amendment redesignating it as section 223 (a) (15) and to provide that 

annual reporting requirements of the results of such monitoring as 

required by the section can be waived for States in compliance with 

the requirements of pRc1,'agraph (12) (A), paragraph (13), and the 

new paragraph (14), and which have enacted legislation, COnfOl'iUillg 

to those requirements, which contains, in the opinion of the AdministJr/l.tor, sufficient enforcement met'hanisms to ensure that such legislation will be administered effectively. 

Section 11 (a) (15) further amends section 223 (a) of the act to make 

a technical amendment; to add ,a. new paragraph to provide the State 

plans shall provide that, 5 years following the enactment of the J uvenile Justice Amendments of 1980, no juvenile shall be detained or confined in any jailor lockup for adults; and, to provide that State plans 

be modified,as soon as practicable alfter enactment of the 1980 amendments to comply with the r~uirements of the new paragraph (14). 

Section 11 (b) amends sectIon 223 (c) of the act to make IL conforming amendment; to redefine "substantial compliance" with Il-e~a.rd to 

paragraph 223 (a) (12) (A) to include either 75 percent deinstltutionaliz'ation of juveniles who IU.re chll,r~ed with 01' who have committed 

offenses that would not be criminallf committed by ,an adult, or snch 

llQnoffenders as dependent 01' neglected children or the "removal of 100 

percent 'Of such juveniles from secure correctional facilities"; and, to 

add a new sentence at the end defining the term substantial compliance 

with regard to new paragl\'l.ph 223 (a) (14). 

'Section 11 ( c) 9,mends section 223 ( d) of the act to providl~ that allotments redistributed under that paragraph shall be for the purpose~ of 

removing juveniles from jails and lock-ups for adults, replicatmg 

exemplary juvenile programs, or establishing and adopting standards 

to improve the juvenile justice system, or to increase the use of nonsecure community-based facilities -and to p~ovide that the ~dministr~­

tor shaH make such reallocated funds avaIlable on an eqUItable baSIS 

to States that have achieved full compliance with the requirements 

under subsection (a) (12) (A) and suhsection (a) (13). 

SPEOIAL EMPHASIS PREVENTION AND TREATMENT PROGRAMS 

Section l~(a) umends section 224(a) (5) of the. 1lCli to provide, as a 

special emphasis cat~ol"Y, st!ltewide programs through the use of subsidies 01' other financml incentives designed to remove juveniles from 

jails and lock-ups for adults; replieute juvenile programs designated 

as exemplary by the National Institute of .Tustice; or, to estahlish and 

adopt standards for the improvement of juvenile justice within the 

State. 

Section l~(b) aml'nds section 224(,u,) (11) of the. act to ('la.rify that 

special emphasis programs designNl to dE.'velop and implement programs l'('latin[( t.o juvenile delinqneney and learning disabiJiti<'f'1 may 

mclude on-th(l-job training programs to assist law enforc{'ment personnel and juyenile justice p(·rsonnel to more effectively re('oWlize and 

prodde for ll'arning f1.i:;abl~d und other handicapped juveniles. 

Section l~(a) amends S(>ction 224 of the act. to require that. spl'c~al 

emphasis assistaBee be Iwnilable. on un equitahle basis to deal with dlSadvantaged youth. including female!;;, minor!ty youth, and mentally 

retarded and f.'motionally or phy::;i('all~' handwlpped youth. 

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PAYMENTS 

Section 13 (a) amends section 228 of the act. tQ strike out subsection 

(b) which gave the Administrator discretion to allow States to use 

25 per centum of their 'formula grant funds to match other Federal 

juvenile delinquency grants and to redesignate the remaining 

subsections. 

Section 13(b) amends section 228(f) of the act, as redesignated, to 

provide funds available for reallocation under subpart II shall be 

reallocated in an equitable manner to States which have complied 

with the requirements in section 223(0,) (12) (A) and section 223(a,) 

(13) for purposes specified under section 224 (a) (5). 

ADMINISTRATIVE PROVISIONS 

Section 14 amends section 262 of the act to bring relevant applicable 

administrative provisions of the Omnibus Crime Control and Safe 

Streets Act of 1968 into conformance subsequent to the Justice System 

Improvement Amendments of 1979 and to pl'ovide that the Office of 

.rustice Assistance, Research, and Statistics shall provide staff support 

to, and coordinate the act,ivities of the, Office in the same manner as it 

does for the Law Enforcement Assistance Administration, National 

Institute of .TustiC{', and Bureau of Justice St!.1,tistics pursua.nt to section 801 (b) of the Omnibus Crime Control aud Sa,fe Streets Act of 

1968. 

RUNAWAY AND HOMELESS YOUTH 

Section 15(a) provides that the heading ff.)r title III of the act shall 

be amended to read: "Title III-Runaway and Homeless Youth Act". 

Section 15(b) makes an amendment to the short title of title III. 

Section 15(c) amends section 311 of the act: (1) to make a confonning technicalamendment; (2) to provide that title III funds be 

distributed equitably among the States based upon their respective 

popUlation of yOlJth under 18 years of age; (3) to clarify that services 

provided by runaway and homeless youth centers under title III are 

also appropriate for the families of the youth as well as the youth 

themselves; (4) to clarify that the provision of a national communications system for the purpose of assisting runaway and homeless 

youth to communicate with their families and with service providers 

is appropriate under title III; (5) to provid~ a new authority for the 

Secretary of Health and Human Services to provide supplemental 

grants to runaway centers which are developing, in cooperation with 

juvenile court and welfare persOlmel, model programs for repeat runnel'S; and (6) to provide a new authority for tlie provision of on-thejdb training to local runaway and homeless youth center personnel 

and coordinated networks of local law enforcement, social service 

and welfare pel'Sonnel to assist· to recognize and provide for learning 

disabled and othedlandicapped juveniles. 

Section 15(<1) (1) amends section 312(11,) of the act by cln.rifying 

that grantees are to provide for runaway centers rather than runaway 

houses and to clarify that services provided by title III should 00 

Rvaila:ble to other homeless juveniles besides tllOse who have left 'home 

without permission of their parents or guardians. 

Section 15(<1) ('fJ) amends section 312(b) of the act to again clarify 

t.hat services will be provided through "centors" rather than "houses" 

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and to clarify that grantees should include in their plans provisions 

for assuring proper relations wit,h social service and welfare personnel 

as well as law enforcement personnel. 

Section 15(e) ampnds section 313 of the act to provide that, in considering grant· application, priority be given to grants smaller than 

$150,000 rather than those smaller than 1ji100,000 and to provide that 

priority be given to organizations which have demonstrated experience in the provision of service to runaway and homeless yout;h and 

their families rather than to applicants 'having program budgets smaller than $150,000. 

Sectipn 15 (I) amends section 315 of the act to clarify that services 

will be provided through "centers" rather than "houses," 

TECHNICAL AND CONFORMING AMENDMENTS 

Section 18(a) amends section 103(5) of the act to conform with 

amendments proposed by section 6 of these amendments to provide 

that the term "Administrator" refers to the head of the Office of 

Juvenile Justice and Delinquen('.y Prevention subsequent to_placement 

of the Office under the generallluthority of the Attorney General. 

Section 16(b) (1) amends section 201(c) of the act to conform with 

amendments ~roposed in section 6 of these amendments, 

Section 18(b) (B) amends section 201(d) to conform with amendments J?roposed in section 6 of these amendments. 

Sectzon 16( b) (3) amends section 201 (e) of the act to conform with 

amendments proposed in section 6 of these amendments to make It 

technical amendment. 

Section i6(b) (4) amends section 201(f) of the act to confo,rm with 

amendments proposed in section 6 of these amendments. 

Section 16(c) (1) amends section 202(c) of the act to cunform with 

amendments proposed in section 6 of these amendments. 

Section 16(c) (B) amends section 202(d) of the act to make a technical amendment. 

Section 16(d) (1) amends section 204(d) (1) of the act to conform 

with amendments proposed in section 6 of these amendments. 

Section 18(d) (B) amends section 204(g) of the act to confonn with 

amendments proposed in section 6 of these amendments. 

Section 16(d) (3) amends section 204(i) of the act to confonn with 

amendments proposed in section {) of these amendments. 

8ection 16(d) (4) amends section 204dk) oUhe act to change a refer-

('nce to the Sl'eretary of Health, Education, and Welfare to a reference 

to the Secretary of'Health and Human Services. 

Ref'tion 16(if.) (5) amends section 204(1) (1) of the act to confonn 

with amendments proposed in section 6 of these amendments. 

8eotio71:18( e) amenfls S(>ction 205 of the act to confonn with nmendments proposed in section 6 of these amendments. 

8eotion 16 (f) (1) amends section 206(a) (1) oftheact: (1) to make 

technicnl amendments subsequent to the creation of the Department of 

Educntion; (2) to add the Director of the Office of Justice Assistance, 

Research. and Statistics and the Administrator of the Law Enforcement Assistan'C'e Administration to the Federal Coordinating Council 

on ,TuveniJe .Tustice and Delinquency Prevention to conform with 

nmendments proposE'd in section {) of these amendments; (3) to con152 

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form other parts of section 206(0.) (1) to a.mend~ents proposed iI!- section 6 of these amendments; and (~) to.add the DI,rector of the NatIonal 

Institute of Justice to the Coordmatmg COUnCIl. . Section 16'(1) (fJ) amends S(>ction 206(b) of the nct to conform WIth 

amendml:'nt(' proposed in section 6 of these amendments. , . Sectio~ /6 (I) (9) amends ~ction 206 «» of the act to ('onfvrm WIth 

amendments proposed in sechon 6 of these amendments. 

Section 16«(J) (1) amends s~ction ~23(a) (1) of the, act to conform 

to I'elated sectIOns in the Ommbus CrIme Control and Safe Streets Act 

of 1968, as amended. t t . f ' t 

Section 16(g) (fJ) Ilimends section 223 (a) (2) ofthe nc 0 con olm 0 

related sections in the Omnibus Crime Control nnd Safe Streets Act 

of 1968, as amended. ) (A) f tl t t k Section 16(g) (3) amends section 223(a) (3 0 leae oma e 

It technical amendment. t t 

S t'on 16(g) (4) amends section 223(a) (3) (F) of the ltC, 0 con- for::'Ct~ related sections in the Omnibus Crime Control and Safe Streets 

Act of 1968, ns amended. h' I 

Section 18(g) (5) amends section 223(a) (11) to make a tec mca 

amendment. . • () (B) t f 'th Section 16(g) (6) amends sectIOn 223(0.) 12 0 con orm WI 

amendments proposed in section 6 of these amendments. 

Section 16(g) (7) amlNllds section 223(a) (14) of the act to conform 

with amendments proposed in section (I of these amendments. . Section 16(g) (8) amends section 223(a) (17) (A) to make It techmcal amendment. ) fIt. t f'm Section 16(g)(9) amends section 223(a) (20 0 he ac . 0 con A t 

to related sections in the Omnibus Crime Control and Safe Streetf c 

of 1968 as amended' to make a, technical amendment; and, to con orm 

with ar:.endments p~oposed in section 6 of these amendments. 

Q8(!tion 16(g) (10) amends section 223 (a) (21) of the, act to conform to~ amendments proposed in section 6 of these amendments. 

Section 16(g) (11) amends sectiO!l 223(a) of the act to confo.rnA ~ 

related sections in the Omnibus Ct'Ime Control and Safe Streets c 

of 1968, as amended. 1 t t f' t 

Section 16(g) (lB) amNlds section 223(b) of t le nc 0 con °A~ 'f 

related seCtiOlis in the Omnibus Crime Control and Safe Streets c. 0 

1968 as amended. .) f th t t f m to 

Se'rtion .16(g) (13) amends s(>ch~)O 223( d 0 deSacf SOt c01 A t of 

related sections in the Omnibus CrIme Control an '" a e ree S c 

1968 as amended. fIt t f m to Se~tion 16(h) amends sP('tion 224(0.) (6) 0 h!" ac 0 con or ' 

the establishnwnt of the Dennl'tment. of Educaho~. d . t' 

Rection 16(7) amends section 228(f) as so r(>des1!~nat~ m Sl'C I~i' 

11 (ll) of these amendments, to conform to related sechons m the Om - bus Crime Control1tnd Safe Streets Act. of 1968, as amended. . 8eotion IOU) (1) amends se~tion 241 (b) of the act to conform WIth 

nmlmdments propospd in sechon 6 of these amendments. 8~cfion 18(1) (B) amends section 241(c) of th(>. act to conform to 

rE'll1tNl !WctiOlls in the. Omnibus 0"inll' Control and ~afe ~trl'ets Act 

d 196R. nH aml'nded. 1 t 1 • 1 

8pf'fion 16(lc) am(>nds s('ction 244(:\) of the aet to ma {(' a e(' mlcn 

!lmE'ndment . 

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Section 16(l) amends section 245 of the act to conform with amendments proposed in section 6 of these amendments. 

Section16(m) :tmends section 246 of the act to conform with amendments proposed in section 6 of these amendments. 

Section 16(n) amends section 248(a) of the act to conform with 

amendments proposed in section 6 of these amendments. 

Section 16(0) amends section 249 of the act to conform with amendments proposed in section 6 of these amendments. 

Section 16(p) (1) amends section 249 of the act to conform with 

amendments proposed in section 6 of these amendments. 

Section 16(p) (~) amends section 250(b) of the act to conform with 

amendments proposed in section 6 of these amendments. 

Section 16(p) (3) amends section 250(c) of the act to make l\ technical amendment. 

CHANGl~S IN EXIS'l'ING LAW MADE BY THE BILL, As REPORTFJ> 

In compliance with clause 3 of Rule XIII of the Rules of the House 

of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is 

enclosed in black brackets, new matter is 1?rinted in italic, existing law 

in which no change is proposed is shown m roman) : 

JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

ACT OF 1974 

'l'ITLE I-FINDINGS AND DECLARATION OF PURPOSE 

J!'INDINGS 

SEC. 101. (a) The Congress hereby finds that-

(1) juveniles account for almost half the arrest!:i for serious 

crimes in the United States today; 

(2) understaffed, overcrowded juvenile courts, probation services, and correctional facilities are not able to provide individualized justice or effective help; 

(3) present juvenile courts, roster and protective care programs, and shelter facilities are inadequate to meet the needs of 

the countless, abandoned, and dependent children, who, because 

of this failure to provide effective services, may heeome 

delinquents; 

(4) existing progrnms have not adequately responded to the 

particular problems of the increasing numoors of young people 

who. are addicted to 01' who abuse alcohol and othe1' drugs, partic- ularly nonopiate 01' polydrug abusers; 

(5) juvenile delinquency can be prevented through programs 

designed to keep students in elementary and secondary schools 

through the prevention of unwarranted and arbitrary suspen- sions and expulsions; 

(6) States and local communities which experience directly the devastatin~' failures of the juvenil~ justice Rystem do not presently have sumcient technical expertise or adequate resources to 

deal comprehensively with the pl'oblems of juvenile delinquency; [and] 

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(7) existing Federal programs have not provided the direction, 

coordination, resources, and leadership required to meet the crisis 

of delinquency[.] ,. and 

(8) tM jWl)enife justice system shquld give additional attention 

to the problem of juveniles who commit serious vrimes, wit'" 'Particular attention given to the areas of 8entencing, providi71t,:S 1'('-

sources necessary /01' info'I"IMd dispositions, and rehabilit~~t~;"'it. 

. (b) Co~gress finds further that t~e high incidence of delinquel[cy 

m the Umted States today results m enormous annual cost and immeasurable loss of huni:tn life, personal security, and wasted human 

resources .and that juvenile. d.elin9uency, constitutes a growi~g th~at 

to the national welfare l'eqmrmg lllllnedlaoo and comprehenSive acbon 

by the Federal Government to reduce and pr~vent delinquency. 

PURPOSE 

SEC. 102. (a) It is the purpose uf this Act-

(1) to provide for the thorough and prompt evaluation of all 

federally assisted juvenile delinquency programs' 

. (2). to .pro.vide tech~ica~ ~ssista~ce to publ~c and private agen- CIes, mstItutlOns, and indiViduals In developing and implement- ing juvenile delinquency programs; 

(~) to establish train.ing programs for persons, including pro- fes~lOnals, paraprofeSSIOnals, and volunteers, who work with 

dehnquents or potential delinquents or whose work or activities 

relate to juvenile delinquency programs; 

(4) to establish a centralized research effort on the :t>roblems 

of juvenile delinquency, including an information clearinghouse 

to disseminate the findmgs of such research and all data related to 

juvenile delinquency; 

(5) to develop and encourage the implementation of national 

standards for the administration of juvenile justice, including 

rec?mmendations for administrative, budgetary,. ~nd legislative 

action at the Federal, State, and local level to faCIlItate the adop- tion of such standards; 

(6) to assist State and local communities with resources to 

develop and implement programs to keep students in elementary 

and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions; [and] 

(7) to establish a Federal assistanc3 program to deal with the 

problems of runaway youth[.] ,. and 

(8) to assist State a.nd 70cal g()1)m'nments in removing jW1JeniZes from jails and 70clcups j()'I' adults. 

. (b) It is t.herefore the further dl~clared policy of Congress to proVide the ne~essary resources, leadership, and coordinatioll (1) to ~evel<?p anc~ nnp1emel'!t ef£ec.tive methods of preventing and red.ucing Juvemle delmquency, z'1I('Zud1'llg 'nwthods 'with a special focus on maintain~ng a''!a 8t'l'~ngf.hening the family unit ,'10 that juveniles may 'be 

reta1'llfd ?n tlU'.z1' home,y; (2) to de\'elop and conduct effective pro- ~l'am~ to.preyent delinquency, t.o divE'rt Ju.veniJes from the traditional Jllv~ml~ Just!ce system and t.o providl' critically Deeded alternatives to 

mst.lhltlOnahzation; (3) to improve. the. quality of juvenile justiel} ill 

thl\ United StatE's; and .(4) to mC~"ease the ca1?ncity of State and local 

governments and pubhc and prn'ate agencies to conduct effective 

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juvenile jm;tic('. and rlelinqll('m'v pl'('vention and 1'('habilitation pl'O- ~rams antI to provide rNl('al'eh. ~va.llla,t.ion, and t.raining servieeA in the 

fi(>lcl of jllYC'nil(> clC'liJl(fll('nc~' pl'C'vf'nt.ion, 

l>}<jFINl'fIONA 

SEC, 103, For purposes of this Act-

(1) the term "community bns(l{F' facility, J(rogrnm, 01' service 

menns It small, open group hOlM 01' other sllltable plac('. located 

nenr the jlwenile's home 0)' fltmily nnd progrnms of comml1nity 

supervision und service which mainhtin community nnd consumer 

pa.rticiplttion in the planning operation, and evaluation of their 

programs which 1l11ty includf'. but ar('· not limited to, medical, educlttional, vocatiollal, social, nnd psycholop:ical guidnnce, training, 

8pecial ed1.t('ation, counseling, alcoholism treatment, drug treat.-

ment, and otlwr rehabilitath'e sel'vic('l:;; 

(2) the term "Fed('ral juvenile d('linquency program" means 

any juvenile delinquency program which is conducted, directly, 01' 

indirectly, or is assisted by any Federal department or agency. 

including any prl~gram funded under this Act; 

(3) the term "tjuv(',nile delinquency program" means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, 

training, and r('search, including, drug and alcohol abuse programs; the improvement of the juvenile justice syst,em; and any 

program or activity for negleeted, !1bandoned, or dependent youth 

and other youth to help prevent. dehnquency ; 

,[( 4) the term "Law Enforcement Assistanc(' Administration" 

means the agency established by section 101(a) of the Omnibus 

Crime Control and Safe Streets Act of 1968, as amended;] 

(4) (A) the term "Offioe of J1.ISUCe Assistance, Resea1'oh, and 

Statistics" means the office established b71 section 801 (a) of the OmlrLi7Ju~ Orime Oont1'ol and Safe Streets Act of 1968,' 

(B) the term "Law Enfo'rcement Assistance Administration" 

means the administration establis7wd by section 101 of the Ornnibus Ori'IM Oontrol and Safe St'reets Aot of 1968,-

(0) the term "National Instit'l.tte of ,l'I.tstice" means the institute established by section '1JOl3(a) of tlte Omnibus Onme Oontrol 

and Safe Streets Act of 1968; and 

(D) . tlte term "BU1'eau of J1.t8tice Statistios" means the bureau 

establislted by secti01i 3013 (a) of the Ownibus 01-ime Oont1'ol and 

Safe St'reets Act of 1968,-

(5) the term "Administrator" means the agency head designated by [section 101 (b) of the Omnibus Crime Control and 

Safe Streets Act of 1968, as amended] section 1JOl (c) ,. (6) the term "law enforcement and criminal justice" means 

any activity perta,inill~ to crime prevention, control, or reduction 

or the enforcement of the criminal law, including, but not limited 

to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction 

and related agencie~l (including prosecutorial and defender services, activities of corrections, probation, or parole authorities, and 

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J;lrograms relating to the prevention, control or reduction of 

Juvenile delinquency or lUll'cotic addiction' ' 

,(7), the term "Stn:te" means any State of the United States, the 

Dlstrwt of ColumbIa, the Commonwealth of Puerto Rico the 

Tru,st Territory O! the Pacific Islands, [and any territory or' posseSSlOn of the Umted States] tlw Tl-il'gin Islands Guarn Amerioan, Samoa, and the Omn?/wn1.oealth' of the No~t1U3m Manana 

Islands; 

, (8) the term "un~t of general local gov~rnm<:nt" means any 

City, county, townsI~IL)' town, ~~r~>ugh, parIsh, VIllage, or other gCl~eral PU,l'pose pohtlC~1 subdIVISIOn ()~ It State, an Indian tribe 

wInch performs lnw enforcem('nt flllwbons as determined by the 

S,e9retal'Y of the Int~rior, 01:, f~r the IJ,Ul'pose, of assistance eligi- ~lhtJ:' Ilny agency of the DIstl'lCt of Columbm government perfOl'llllng law enforcement functions jn and for the Disrtict of 

qolumbia and funds appropriated by the Congress for the activihes of such agency may be used to provide the non-Federal share 

of the cost of programs or projects funded under t.his title' 

(9) the term "combination" as applied to States or units of 

general local govern~ent means any grouping or joining together 

of s~ch States ,or umts for the purpose of preparing, developing, 

or Implementmg a [law enforcement] juvenile justice and 

delinquency p'revention plan; 

(10) ~he term "construction" means acquisition, expansion, 

remodelmg, and alteration of existing buildings, and initial equipment of nny such buildings, or any combinat.ion of such activities 

(including architects' fees but, not the cost. of acquisition of land 

fo(' buildings) ; 

(11) the term "public agency" means any State. unit of local 

government, combination of snch States or units, or any department, agency, or instrumentality of any of t.he foregoing; 

[(12) the term "correctional institution 0)' facility" means any 

place for the confinement or rehabilitntion of juvenile offenders 

01' individuals charged with or convicted of criminal offenses; 

and] 

(113) the te1'7n "secll're detention frwilit?I" means any publio O?' 711'l"vate 'l'esidenti(Jll facility 1.lJldoh-

(A) inc7udes con8tl'Uoh'on fiwt~tl'es designed to physioally 

'restrict. the movements ana aotivities of juveniles or other 

individua7s 1/('1d in lawfu7 ~llstody in s~lOh facility; and 

(B) 'l's ~l,~ed fO?' tlw te7np01'a1"!1 p7aoement of any jwvenile 

who is aoaused of ha1Jing oom,mitted a.n offen8e, of any 11011.-

offende'r, 01' of any othm' indi1Jidual aoollsed of ltavinq oommitted ((, O1'iminal offense,. " 

(t.1) the- te'rm, "8Nm}'e cOl"1'ectional faoilit1J" means any public 

O?' 7J1'i1'ale residentia7 faoilit71 1oMdt- ' 

(A) inc7ud(w construoiton fiwtu'res designed to phys-ioally 're8f1'i(,t tIle ?)1,OVement8 and ((('tivities of :iw'eniles or other 

i1uliQJirluals lleld by 7all·fu7 (,1l,~tod~1 in 8~lCll facility: and 

(B) 18 used for the pla('ement, after ar/,iudication amd disp08ition, of any }~l'/)enile 'who lla,~ been adJudicated as ha.ving 

cO?nm.itted an offen.~e, any nonoffen.(hw, O?' any of-lle'r individHal. n011.1'ioted of n rrriminal offense " 

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(14) the term "8eri0U8 mime" meana oriminal homicide, forcible 

rape, mayhem~ kid'napping, aggravated aa8ault, robbery, laroeny 

or tlt.e!t pwnialtable aa a felony, motor vehiole theft, burglm'1/ 01' break~ng and entering, ewtortion aooompanied by tllreat.9 of violence, and ar80n p'll!nullable a8 it felony; and' 

[(13)] (15) the term "treatment" includes but is not limited to 

mec!Icaf, educational, 8peoia7. education, social, psychological, and 

vocational services, corrective and preventive guidance Ilnd tmining, and other rehabilitative services desi~ned to protect the public 

[and benefit Nle addict or other user by elIminating his dependence 

on addictin~ 01' other drugs 01' by controlling his dependence, and 

his] , inclu.aing 8ervioe8 de8igned to benefit aadict8 and otlte?' U8er8 

by eliminating their dependenoe on aloolwl 01' other addiotive 0'1' 

nonaddiotive d1'ug8 01' by oontrolling their dependence and 

susceptibility to addiction or use. 

TITLE II-JUVENILE JUSTIC1~ AND DEIJINQlTENCY 

PRI~VENTION 

PAR'l' A-.TuVENILE .JUSTIOE AND DELINQUENOY PmWEN'l'ION OFFIOJo) 

ESTADLISIIlIIFlNT OF OFFICE 

SEC. 201. (a) Thero is hereby created within the Department of 

Justiee, [Law I~nforcement Assistance Admillhitration] 1tnde1' the 

general authority of the Att01'MI/ Geneml, the Office of ,Juvenile 

.Justice and Delinquency Pl'erelltion (refer1'ed to in this Ad, ns tll(' 

"Oflice"). The Administrator shall administer the pr(Jyisions of this 

Act through the Office. 

(b) 'fhe progralllS authorized pUl'suant to this Act unless otherwiHo 

specified in this Act shnll be ntlministered by tIl(' Office cstnblished 

under this Hectioll. 

( c) Thel'l\ shnlllw ut the head of the Office Ull [Associutl'] .\.dmini:.;-

tratol' who shulllX' nominated by thl' President by and with the Ildvicll 

and ('.onsent, of th(' Senute. [Th~, Assoeiate Adnlinistmtor mny be referred to the Administrator of the Office of .Tuvenile ,Tustice Itnd 

Delinquency P1'en'ntion in connection with the perr01'llInnCe of his 

functions as tll(' head of the Office, ('xcept that IlIlY I'(lfl'l'l'nco in this 

Act to the "Administrator" shall not be constrlle(] IlS U reil'rl'nce to 

the ASRocinte .\.d11linistrator.l 

(d) 'rhl' [Associate] Admimstratol' shall exerrise nllnecessary powers, subject to the [direcHon of the Administ1'lltol' of the Lnw Enforceml'nt, Assistamcl' Alll11inistmtion] fleneral autl101-i.ty of the Attorney 

General. The [Associate] Adlllilllstmtor is nuthorized[, subject to 

the dit,(,ction of the .\.dministratol',] to 'In'esoribe ?'egulatiorl8 for. 

awurd, ndministl'l" modify, ext('nd, terrninatl', monitor, evalunte, 

reject, or deny all grants and contracts from, and applicntions 

for, funds IlIIHl(' Itvnilnbl(' und('r part n nlld part 0 of this title. 

1'h(' Administ1'lltol' of flte Law gnfol'cement A,~,yi.'1t(ln('e A(1miniRtratum and tIle nil'('ctol' of tll(' .ratiollal I'Mtitut(· of .J.t'.'INc(' IllIlV ele]('- ~ate such nllthol'ity to th(' [Assorinh'] .\dministt·jttor of tlu' o'fPce 01 

J'ltl'enih! .Tustir.e rmd D('.linquen(,1/ P'P('l'entioll fo)' n11 ~l'I\ntH lind contrncts from, and npplicntions fOI':fllnds mnd(> n\'nilabl(lundel' this pnrt 

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and funds made available for juvenile justice and delinquency prevention progmms under the Omnibus Crime Control and Safe Streets 

Act of 11)68, IlS mnend(ld. [The Assoein.te Administrat.or shall report. 

directly to the Administ,rntor.] 

(e) There shall be in thl' OfliCl' It Deputy [Associate] Administrator 

who shall be Itppointed by the [Administmtor of the I,It'" Enforcement Assistance Admillistmtion.] Att01"1ley General. The Deputy 

Associate Administmtol' shall perform such functions us the [Associate] Administrutor from time to time assigns 01' deleg!ltes, !lna shall 

act ItS [Associate] Administrator during the Itbsence 01' <liSlthility of 

the [Associate] Administrator 01' in the event of It vncnncy in the 

[Office] offioe of the [Associate] Administrator. 

(f) There shall be established in the Office It Deputy [Associate] 

Administrator who shall UP n.ppointed by th(' [.\dmillistrlltor] Attorney Geneml whose function shall be t.o supervise and direct the. 

National Institute for Juveni1e J'ustice and Delinquency Prevention 

established under section 2.41 of this Act. 

(g) Section 5108 (.c) (10) of title 5, United Stutes Code first occurrence; is amended by deleting the word "twenty-two" und inserting in 

lieu thereof the word "twenty-five". 

PERSONNEL, SPEOIAL PERSONNEL, EXPERTS, AND CONSULTANTS 

SEo.202. (a) The Administrator is authorized to select, employ, and 

fix the compensation of such officers and emploYl~cs, including attorneys, I\S are necessary to periorm the functions v(lsted in him and to 

prescribe their functions. 

(b) The Administrator is authorized to select, appoint, and employ 

not to exceed three officers and to fix their compensation Itt rates not 

to exceed the rate now or hereafter prescribed for GS-18 of the General 

Schedule by section 533,2 of t.itle 5 of the United States Code. 

(c) Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursnblo basis, any of its 

personnel to the [AssociatelAdministrator to assist him in carrying 

out his functions under this cJ:. 

(d) '1'he Administrator may obtain services as authorized by section 3109 of title 5 of the, Fnited Sttttes Code, at rates not to exceed 

the rate now or hereafter prescribed for GS-18 of the General Schedule by section 5332 of [title I] title 5 of the United States Code. 

VOI,1UNTARY SERVIOE 

SEO. 203. The Administrator is authoriz('d to accept, and employ, in 

carry out the provisions off this Act, voluntary and uncompensated 

serVIces notwit.hstnnding the J>rovisions of section 3679 (b) of t.he Revised Statutes (31 U.S.C. 6'65 (b) ). 

CONCFlN1'UA'I'ION OF FEDERAl, EFFORTS 

SJ~O. 204. (a) The Administrator shun implemmlt overall llolicy and 

devE)lop objectives .a~q priorit~es for all Fede~'al ju~renil~ d('linq~e.ncy 

. programs and actIVItIes relatmg to preventIOn, dIVerSIOn, trammg, 

treatment', rehabilitoHon, evaluation, research, and improvement of 

the juvenile justice system in the United Stntes. In carrying out his 

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fun~tions, the Administrator shall consult with the Council and the 

NatIOna! Advisory Committee for Juvenile Justice and Delinquency PreventIOn. 

(b) In carrying out the purposes of this Act, the Administrator 

[, wlth the assistance of the Associate AdministratorJ shall-

(1) n.dvise th~ President throug}l th~ Att~l'ney Gen(>ral as to 

all matters relatmg to federally assIsted Juvemle delinquency programs an~ Fedel'a~ policies ~'egal'd.ing juveni}e, delinquency; 

(9) aSSIst op~ratmg agenCIes whIch have dIrect responsibilities 

for the pre,venbon and treatment of juvenile delinquen('y in the developm~nt ~nd promulgation of regulations, I"ruidelines. i-equir(>-

ments, crIte.rIa, standards, procedures, and budO'et requ('sts in accor~ance with the policies, priorities, and to> objecth'es 11<' 

est.aJhhshes ; 

(3) conduct and SUppOl't evaluations and studies of the performance and res!ll.~ achieved by Federal juv('nil(> delinquenc)· 

programs and ,actIvItIes a~l(l of tlie prospec~Ive performance and r~~~ts that mIght be achI('ved, by .alternatIve programs and actIVItIes supplementary to or m lIeu of thos(' cut'r('nt.1y being administered; • 

. (4) implement Federal juvenile delinquency p~ogl'ams and actlVItIes among Federal departments and agenCIes and betwe('n 

Federal juvenile delinquency programs and activities and other 

Federal programs and activities which he determines may have 

an ~mportant bearing on the success of the entir() Federal jti"enile delmquency effort; , 

.(5) develop annually with the assistance of the Advisory COllimittee and the Coordinating Council and submit to the President and the Con~l'ess, after the first yea,r following the dnte of 

the enadment, of the .Tuvenile .Tustice Allll'ndments of 1977, prior 

to December 31, an analysis and evaluation of Federal juv('ni1(' 

de1inqu{'ncy programs ('ondncted and assisted by Federal d{'paItments and agencies, the expenditures made, the results a(·hievecl. 

t,he.plans dev('loped, and problems,in th(' open;ttions and coorlli~ natIOn of such progrll.ms and a brIef but, preCIse compl'ehensiv{' 

plan for Fed{'l'al jtnrenil{' delinquency programs, with particnlal' 

emphasis 011 the prevention of juv('nile delinquency and t·he dm'pIopment of programs and sCl'dc{'s which will {'n('ourage incl'('asecl 

dlY('·rsion of juveniles from the tl'aditional juvl'nile justice systell\, 

whi('h nnalysis and evnluntion shall include r<'Commendations for 

modifications in organization, mnnngeml'nt, personnel, standards. 

budget requests, and implementation plum; ne('.essnry to in('reas(' 

the effectiv{'uess of HwS{' prog-rams: n.nd . (6) provide technicnl o,ssistance and fl'oirdng o,~,~i.,torlC(i to Fed-

('.ral, State, and locnl gm'ernments, courts, public and pl'ivat(' 

ngen<'i{'s, institut.ions, and individuals, in the planning, cstllhlishllwnr. funding, oppration, 01' evaluation of juv{'nile cl{'1illqll('nc), 

programs. 

(C) The Prl'sident, shall, no lat{'r than ninety days after receiving 

('ach annual report nndN' subsection (b) (5), s'ubmlt a report to the 

Congl'l'ss and to the Council containing n detailed statement of any 

action tnhn 01' anticipated with r('sped to re('ommcmdntiolls made by 

each snch annual report, 

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(d) (1) The first. annual report submitted to the President and the 90ngt~s~ by th~ Admini.st.rator l~nder subsection (b) (5) shall contain, 

m addItIon to ~nf0.rmahon l'eqUll'('d by subsection (b) (5), a detailed ~t,ate~{,I~t of criterm developed by the [Associate] Administrator for 

Ident,Ifymg the .chnra~ted~tics of juvemle de.1inqu~ncy, juvenile delinquency pl'eVl'UhOll; ~IyerSlOn of youths from the Juvenile justice sys- t,(>~, and the trammg, treatment, and rehabilitation of juvenile 

dehnquents. 

. (9) The second such annual report shall cont,ain, in addition to 

mformation I'equh:ed by sllbsect-ion (b) (5), an identification of Federal progl'llms wlncll nrc r('lated to juvenile d(>linquency prevention 

or tr{'atment, together wit.h a stateml'nt, of the moneys expended for ~ach ~uch ,program during the most recent complete fiscal year. Such Id~ntI,ficatIOn sha]] be mnae by the Administrator through the use of 

crIterIa developed under paragraph (1). 

(e) The third such annual report, snbmitt{'d to the President and 

the qon~ress ~y' the Administrator ~mder subsection (b) (5) shall 

contam, m addItIOn to the comprehenSIve plan required by subsection 

(b) (5), a detailed statement. of procedures to btl used with respect to 

the sub~is~ion of juvenile d('linqu~ncy development statements to 

the Admllllstl'n~or by Federal agenCl{,s under subsection ("I"). Such sta~ement sl~bnlltted by the Admmistrntor shall inclucle a description 

of mformatIOn, data. and analyses which shall be contained in each ~uch development statement.. 

(f) The Administrator may require, th~'ouO'h appropriate authority 

Federal depa~tmeI~ts and ap:{'ncies engaged in any activity involving ~I1}" Fed~raJ Juveml(l dl'1inqu{'ncy program to provide him with such 

IllIOrlllatlOn and reports, and to conduct such stuoies and surveys as 

he may deem to ~e .n{'c{'ssary to carry out the purposeR of this part. 

,(g), The AdmImst.rator mn.y delegate any of his functions under 

tIns tItle, to any officer or employee of t.he [Administ.rationl Office, 

Ql) . The Administrator is authorized to utiliz('. the servICes and faCII~tIes of any agenc,v o~ th<; Fedm'al Govern!l1('nt and of any other 

pubhc agency or lllstItubon III accordance WIth appropriate agree- m~nts, and to pay for such services eit.her in advance or by way of rell~bursement ~s ,may b(' I!-greed up,on. 

(1) Th~ A,dmIlllstrntor IS authOrIzed to transfer funds appropriated 

under tIns htle to any ag-ency of th(\ Federal Government to develop ~r del!l~ms~rate new methods in jU':eI~ile deI~nquency prevention and 

1 (>hnh~l!tat!on and to supple!11('nt eXIshng ~('Imqn('ncy prevent,ion and rehabIht~tlOn progran~s wInch t.he lAsflO<'Inte] Administrator finds to 

be exceptIOnally effectl\Te or for wInch he finds there exists exceptional 

need. 

(j) The Administrator is authorized to make errnnts to or enter into co~tra.ct~ with, any public 01' private agency, or;allizatio~l, institution, 

01' mdlvIdual to c.a,rry ont, the purposes of this title. 

(1r). All functIOns o~ the ;Administrator under this title shall be 

('ool'dmat('d as aPPl'opl'lat{' WIth t,he functions of th(' Recl'{'tnry of [the 

Dppll;rtmpnt of ~{l'alth, Edu('ation. and Welfar{'] Healt1/. and H~mu:rn 

R(,1'1'U'(!8 unON' ht]{' III of this Act. 

(1) (~) The Admillisf·rator shall require throug-h appropriate 

autpority each Federal agency which admi~ist~rs a Federal juvenile 

delmquency program wInch meets Itlly CriterIOn developed by the 

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[Associate] Adn¥nistratol' under section 204(d) (1) to submit annually to tlie COlmci1 a juvenile delinquency development statement. 

Such statement shall be in addition to any information, report, study, 

or survey which the Administrator may i'equire under section 204(f). 

(2) Each juvenile delinquency development statement submitted to 

the Administrator under subsection ("I") shall be submitted in accordance with procedures established by t.he Administrator under section 

204 ( e) and shall contain snch infoi'mation, data, ilnd analyses as the 

Administrato1' may require nnd('r section 204 (e). Such analysel~ shall 

include an analysis of the extent to which the juvenile deiinquency 

program of the Federal agency submitting such development statement conforms with and filrthers Federal juvenile delinquency pre- vention and treatm('nt. goals and policies. . (3) The Administrator shall review and comment upon each juvenile delinquency development statement transmitted to him under subsection ("l'~). Such development statement., together with the comments of the Administrator, shall be included by the Federal agency 

involved in every r('commendlltion 01' request made by such agency for 

Federal. legislation which significantly affects juvenile delinquency 

preventIon and treatment. 

(m) To aarry O'Ut the 'P'IJ/rposes of tMs seation, tlw1'e is authorized to 

be approp1iatea for each fiscal yea?' an amount 'which does not ewceed 

7.5 pe?'aent of t'M totaZ amount app7'opriated to ca?'7'Y out this title. 

JOINT FUNDING 

SEO. 205. Notwithstanding any other provision of law) where funds 

are made available by more than one Federal agency to be used by any 

agency, organization, institution, or individual to carry out It Federal 

juvenile delinquency program 01' activity, anyone of the Federal a~ncies providing funds may be reqnested by the Administrator to act for 

all in admimstering the :funds advanced whenever the [Associate] 

Administrator finds the program 01' activity to be exceptionally effective or for which the [Associate] Administrator finds exceptional 

need. In snch cases a single non-Federal share re.quirement may be 

('stablished according to the proportion of funds advanced by each 

Federal agency, and the Administrator may order Ilny such agency to 

waive any technical grant 01' contract requirement (as defined in su~h 

regulations) which is inconsistent with the similar requirement of the 

!ldminist('rinl! agency 01' which the administering agency doos not 

lmposc. 

OOORDINATING OOUNOIJJ' ON JUVENTLE JUSTIOE AND DELINQUENOY 

X>REVENTION 

SEO. 206. (a) (1) Ther" is hereby establiShed, as an in.dependent 

organization in the executive 'branch of the Federal Government I). 

Coordinating Council on Juvenile Justice and Delinquency Prevention. (hereinafter referred to as the "Council") composed of the Attorney General~ the Secretary of Health[, Education, and WelfareJ 

and Human Services, the Secretary of Labor, the Se(J'J'eta'l"!/ of Education, the Sem'etm'lj of Housing an:;" U?'ban Development, the Di?'ecto?' 

of the Oom;munity SC'MJice8 Admi7l,ist'ration, the Director of the Office 

of Drug Abuse Policy, [the Commis!;lioner of the Office of Education,] 

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tho Director of th(' A01'ION Agency, [the Secret.ary of Ho~sand Urban Dev<.>lopmt·ntJ the Db'ector 01 tlw Bu?'eau of Pm011.S. thf' Oommis8ione7' of Uw Bureau of Indian Affairs, the Di1'eot01' fol' tlle Offi('e of Rp(!oial Education and Reltabilitation fJe'MJ- ioe8, tM fT01nm.i88ione1' for the Administ?'ation for Oldld7'en, Y('rUth, 

and Fmnilhw, ((1ul the Dh'e('to1' of the YoutlL De'lJelopment BU'l'eau~ 

01' their l'(,H})('CtiVC dl'signl'cs, tlte Di1'eat07' of the Office of J'tItBt?ae AS8~~tance, Res('aroh, and Statistics, the Admini8tratO?' of the Law 

Enforoement A88i.~ta11.ae Ad'lnini8t'l'atio1t, the [Associat.e] Administl'atot' of the Offico of .Tllnmile .• TusHce and Delinquency Prevention, the Dl'pllty [Assoeinte] Adm~llistratot· of t.he Institute for .Tuvenile Justice and Delinquency Prevention, the Dh'{'cto?' of the Nati(Yn,(J,l 

Institute of J1t8tiae, and reprcsent.atives of such other agencies as 

the Pl'esid<'llt shall designate. (2) Any individual designated under this section shall be selected 

from individuals who exercise significant. decisionmaking authority 

in th<.> F('d('l'al agency involved. 

(b) The Attoi'ney General shall serve as Chairman of the Council. 

The [Associate] Administrator of the Office of Juvenile Justice and 

Delincrlwllcy Pr('\"('ntioll shall S(,1'\'(, as Vice Chairmnn of the Counci1. 

The Vice Chairman shall act as Chairman in the absence of the 

Chairman. 

( c) The function of the Council shall be to coordinate all Federal j~lvenile delinf.)uency pr~rams. The Council sh!tll make recommendatIOns to [tho Attorney ueneraI and] the PresIdent, and to the Oongl'e88, at least annuaily with respect to the coordination of overall 

policy and development of objectives and priorities for all Federal 

Juvenile delinqu(,llcy programs and activities. The Council is authorized to review the pl'ograms and pract.ices of Federal agencies and report on the degree to which Federal agency funds are used for purposes which are consistent 01' inconsistent with the mandates of section 223(a) (12) (A) and (13) of this title. TILe 001.tnciZ SlLalZ review, 

and make 1'ec01nmendatio'1l8 'with 'respect to, any joint f7tndin.q pro7)0.'1al 'Ilnd('l'fal..·(~n bl1 flu' Of/l('e of ,lwwnile. .lUStiN' m~d Delinq·ueney Pr('I'{'nfion and amI fl(!Ml(,111'em'('.Qented on tllC (!o1fll('zl, 

(d) The Council shall Jlleet [1\ minimum of foul' times pel' year] at 

least qllartM'ly Ilnd a d('scriptioll of the activitics of the Council shall 

be included in the anllllnJ l'epOl't required by sect.ion 904(b) (5) of this 

title. «') The [Assoeint('] AdminiHtl'ntol' [may] 8lwll. with the approval 

of th(' Council, IlPpoint Hurh I>('rsonn('l 01' staff support us h(' considerR 

necessary to carry Oltt. the purr.oses of t.his title. 

(f) Membot's of t.he CouncIl who are employed by the Federal GovN·Il111ent. full tilll(' Rhull he r(·tmbm·fled for 'trayel, subsistenc('. and 

other neeessary expens('s incnrred by them in carrying out the duties 

of tl1<.> Council'. . . 

(~) 1'0 enl'l'v out the purposes of this s('ction there is authorized to 

ho IIPJlI'()IlJ'jntt~d S1Ie'1\ stllllR us ma." 1)(' I)('C('SSI\I',\'. not fo e;('('('ei!. /'1.500,-

000 ff)]! eaclL fUJcaZ yea?'. 

[.\DVIRORY (,o:\D£I'fTF)Jo1 

[RJ~(·. 207. (u) 1'11('1'(' is h('J'('hy t',c.;tnhlishNlll. Nntional £\Ch'lSOl'V CommiTtet'. iOl' .Tm'('nile .THstiC'(' nnd D('linqtl<'ncy Prev('ntion (hereinafter 

~1-64D 0 - DO - 4 

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referred to as the "Advisory Committee;') which shall consist of 

twenty-one members. 

[(b) The memhors of the Coordinating Councilor their respective 

designees shall be ex officio mem hers of the Committee. 

t<c.) The regular ml'.mbers of the Advisory Committee shall be appomted by the President from persons who by virtue of their trainIng or experience have special knowledge concerning the prevention 

and treatment of juvenile delinquency or t,he administration of juvenile justice, such as juvenile or fu,mily ctmrt judges; pr<?bation, correctional, or law enforcement personnel; and representatlves of prIvate 

voluntary organizations and community-based programs, including 

youth workers involved with alternative youth prO~I'ams and personR 

with special experience and competence in addressing the problem of 

school violence and yandalism and the problem of learning disabilities. The President. shall designate, the Chairman. A majority of the 

members of the Advisory Committee, including the Chairman, shaH 

not be full-time employees of Federal, State, or local governments. At 

least seven members shall not have attained twenty-six years of age 

on the date of their appointment. of whom at leaSt three shall have 

boon or shall currently be under the jurisdiction of the juvenile justice system. 

[( d) Members nppo]nted by the President to the Committee shall 

serve for terms of four years and shall be eligible for reappointment. 

except that for the first composition of the Advisory Committel', onethird of these members shall b~ appointed to one-year terms. one-tllird 

to two-yq~,r terms, wnd one-thIrd to t.hllCe-year terms; ther('after each 

term shall be four years. Such members shall be appoint.ed witllin 

ninety days after the date of the er::actment of this title. Anv members 

appointed to fill a vacancy occurring prior to the expiration of the 

term for which his predecessor was appointed, shall be appointed 101' 

t.he rernn.inder of suchtarm. Ele'.'pll mpmbers of the committe<> shall 

const.it.nte a quorum. 

[DUTffiS OF TIlE ADVISORY CO)[)UTl'EE 

[SEC .. 208. (,a) The Advisory Committee shall meet at the CfiJll of 

the Cha,Irman, but not..Jess than foul' times a year. 

[(b) The Advisory Committee sha11 ,make recommendations to the 

Associate Administratof. the Pr('sid~nt: and the Congress at least 

annually Wit11 respect, to' plannin~. policy. priorities. operations. and 

management, of all Federal juvenile delinqueno,Y programs. ' 

[(c) The Chainr'ln shall deHignate a subcommittee of members of 

the ~d ,'ry Committee to advise the Associate Administ.rator on 

pa,rtIculll. •. m, ;,:>11S or aspects of the work of the Office. 

[(d) The (5ulilrman shaH designat(' a subcommittee of not ,less than 

five members of the Committee to SetTp, together with the Director of 

the National Institute of Corrections, as members of an Advisory 

Committee for the Nationa.l Institute for Juvenile .Justice and DelinQuency Pl'evep,tioJl to p{:!rform the functions set forth in section 245 

of this title. 

[( e) The Chairman shall rlesip.nate a subcommittee of not less than 

five members of th{! Committee to serve as an Advisory Committee 

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511 

to the Associate Administrator on Standards for Juveni.le Justice to 

perform the functions set 1Ot·tll ill section 247 of this title. 

[(f) The Chain:nan: with. t~e approval of the Committee shall request of the ASSOCIate AdmInIstrator such staff and other support as m~ be necessary to carry out the duties of the Advisory Committee. 

[(g) The Associate Administrator shall provide such staff and 

other support as may be necessary to perform the duties of the Advisory, Committee. 

[COMPENSATION AND EXPENSES 

[SEC. 209. (18.) Members of the Advis~ll'Y Committee ,,:ho are.employed by the Federal Government full tune shall ~rve WIthout compensation but shun be reimbursed f<?l' trave~, SubSIstence, Il;nd other 

necessary expenses incurred by them In carrYIng out the dutIes of the 

Advj,sory Committee. . [(b) Members of the Advisory Committee not employed full tlffie 

by the Federal Government sha.ll receive compensation at a rate not 

to exceed the rate now 01' hereafter prescribed for GS-18 of the General Schedule by section 5332 of title 5 of the Unit~ States Code, 

including tl1lLveltime for each day they are engaged In the performance of their duties as members of the Advisory Committee. Members 

shall be entitled to reimbursement for travel, subsistence, and other 

necessary expenses incurred by them in carrying out the duties of the 

Advisory Committee.] 

NATIONAL AD'VI80RY OOMMITTEE FOR JUVENILE JUS7'lOE AND DEUNQUENOl:' 

PREVEN7'ION 

SEC. ~07. (a) (1) There i8 hereby e8tabli8hed a National.Advisory 

Oommittee f01' Juvenile .lu.yto/ce {(rul Delinquen.cy P1'e1Jentwn (horein.a,jter in this Act referred to (J8 the "Advis01'Y Oorntmittee") which 

8hall oOruJi8t of 15 member8 appointed by the P1'e8ident. 

(11) Member8 8hall be a'Ppointed 'who have 8peaial kno'lvledge conoernr.ng the prevention and treatment of jUlIJenile delinquerw,y 0'1' the 

admini8tration of juvenile j'u8tioe, 8uoh a8 jwvenile or fann~ly oourt 

judge8,. p1'obation, o01'1'ectional, 0'1' law. en~orcement per80n~tel,. rep- re8entative8 01 rnivate, '1JolwntaMJ 01'gan~zatwn8 (md oOrnJm/l1/n.~ty-b(J8ed 

prograrh8, including youth worker8 invo7lved 'lvith aZternat~ve youth 

'fYI'ogram8/ and 1}e1'S0118 with 8peoial training or emp,erience in addre8sing the p1'oblem8 of youth unemployment, 8chool vwlenoe and vandali81n, and learning di8abilitie8. 

(3) At lea8t 5 of the individua18 appointed (J8 member8 of the Advr'80'f'!J Oomm'ittee. 8hall not have attained ~4 years of age on 01' before 

tlte date of their appointment. At lea8t ~ of t~te individ~l~ 80 appointed 81lall ha1.'e been 01' 8hall be (at the t~me of appoznt~nt) 

'lender the ,'l'ltri8diotion of the jwvenile j'U8t~oe 8ystem. ~he. ~dvUJo'f'!J 

OO'/n.'lnittl'e ,ylw71 ('Olltaf'f and S('e1,~ r'(',qu7a1' mInd ,h'orrl> J1.wemles ()urrently ~mdM' the. f!tri8aiction of the jW/}enil~ justice 8ystem. 

(4) 'l'lw Pl'eside'llt 8hall designate the Oha~rman frO?n member's appointed to the Advi80MI Oommittee. No full-time office1' 01' employee 

of the Federal qo'Vemrrtent may be ap'P,ointed (J8 a mem~e7' of the 

Advisory Oomm~ttee, nor may the Ohatrman be a lull-tzme offioer 

01' emplo!lee of any State or'local gover'1lrment. 

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(b) (1) M ember8 appointed by the Pre8ident 8hall 8e1"Ve f07' te~"11UJ 

of 3 year8. Of the member8 first appointed, 5 8hall be appointed for 

terms of 1 year, 5 8lwll be appointed for terms of 2 years and 5 shall 

be appoin.ted fO'l' terms of 3 years, a.s designated by tlw P'l'esident at 

the time of appo~n~1i'!,ent. Th?'l'eaftm', the term of each member shall 

be 3 ?/emw. Thl'l1litw7 appol;lIbnenf. of '1IU!mO(lr.s 8hall 7)(' made not 

7ater than 90 days aftm' the effective date of this 8eotion. 

(2) An?1 membm' appoin.ted to fill a vacancy 000u1'1ing before the 

ewpirlftion of the term fo?, 'which the.p1'eaeoessor of suoh membe1' 'wa.s 

ap'pOlnt('d 8hall 7)('. appOInted 011111 tOl' the 'l'ema-i?ulel' of 81(r'h t('1'ln. 

The P1'e8ident shall fill a vaoanaiJ 1iot later than 90 days afte1' such 

'/lacaney OOC1(.1'8. 111 enl.bmw shan be eligible f01' real>pointment and mml 

8e1"Ve afte'l' the eropi'l'ation of their term.s ~lIntil their 8uooessors have 

tcdcen offioe. 

(c) The Advisory Oorwrnittee shall meet at the oall of tlte Ohairman, but not less tlian f]Ua'l'terly. Ten membe'l's of the Adviso'Mj Oommittee shall oomtitute a gworwm. . 

(d) The Advisory Oommittee shallr-

(1) review and evalJuate, on a oontinuing bas'is, Fede'l'al polioies 

regarding juvenile justice and delinguenoy prevention and activitie8 affeotzng juvenile ju,stioe and aelinquenoy pl'evention oonducted 01' assisted by all Federal agencies,. 

. (2) advise the Administrat01' 'tvith respect to particula'l' funot'tOm 01' aspeots of the 'tvork of the Offioe,. 

(8) advi.r;e, oonsult with, and make l'eoomnumdations to the N ational Imtitute of Justice and the Nati.onal Imtitute f01' Juvenile 

Justice and,Delinquency PrevenUon conoernin.q tlte rYlJc'l'all polioy 

and ope;atwns of each "f!~ch I mtitute 'l'ega1'di1!U jUI/Jenile justioe 

and deZznquency preventwn 'l'esea'roh, evaluatwns, and training provided by each such /rI)Jtitute,. and 

(4-) make 'l'efinement8 in 'recommended standards 101' the administration 01 juvenile justioe at the Federal, State and looal 

levels which have been 'l'evlewed under section 1B4-?', and ;ecomnnend 

Federal, State, and looal aotion to faoilita,te Me adoption of such 

stamdard8 th'l'oughout the United States. 

(e) Beginnina in 1981, the Adv?,,s01'1j Oomm-ittee sltallsubmit suoh 

interim reports Vas it oomidm's advisable to the P'l'e8ident and to the 

Oongress, and 8ltall submit an annual report to tlte President and to 

the Oong?'ess not late'l' than Ma'l'oh 31 of each yea?'. Eaoh such report 

sh,!ll des01'ibe ~he aotivities of the Advisory Oommittee and 8hall oontam, such find'mg8 and'l'eo0111lmendatiom as the Advis01'1/ Oorwrnittee 

comiders necessary 01' approp'riate. . 

(l) The Advisory Oommzttee shall have staff personnel, aP'f.ointed 

by the Ohairman 'tvith the app?'oval of the Advisory OO'nlllnzttee to 

assi8t it in oarrying.out its activities. Ttte l;,ead of each Fedeml age~ 8hall malce available to the Advisory Oommittee su(}l) information arui o~he'l' assistanqe as it may requil'e to oarry out its activities. The Aa-

'lJZsory 0011~m~ttee. shall not .have any· ;ethority to procure any tempora,ry or znt~rmzttent se1"Vzoes of an71personnel unde1' sl}otion 3109 

01 tztZe 5, Unzted States Oode, or' unde?' any other provJsion of la'tv. 

(g) (1) Member8 of the Advisory Omnmittee shall, 'tvhile se1"Ving 

on bus~nes8 of the Advis01'Y Oommittee, .be entitled to reoeiv'e C01'flr 

pematwn at a rate not to erooeed tlte dazly 'rate 8pecified for Grade 

166 

GS-18 of the Genetral 8clLedtl-le in seotion 5331B of title 5, United 

State8 Oode. inol·uding tmvel time. . (IB) 1IIembe1'8 of the Adviso'Mj Oommittee, while 8e1"Ving away from 

titei?' plaoe8 of 1'esidence or regular places of business, 8hall be entitled 

to 1'eimbu1'sement fol' f.l'al'el errpenSe8, inctl.lding per diem, in lieu of 

subsistenoe, in the 'sante manner as the eropeme8 authorized by seotion 

li703 of title 5, United States Oode, for pel'som in tIle Federal Government serviqe employed int81'1nittently. 

(h) To carry out the purposes of tMs seotion, tlw'l'e i8 authorized 

to be approp1iated suoh st~m.8 as may be necessary, not to emceed 

$500.000 f01' each fiscal yea?'. 

PAR'!' B-E'EDERAL ASSrS'I'.\NCE FOR S'!'ATE AND LOOAl, PROGRAMS 

Subpart I-Formula Grants 

SEC. 221. The Administrator is authorized to make g;'ants to States 

and units of generallocllJ government or conlbinations thereof to assist 

them in planning, estu,blishing, opernting, coordinating, and evaluating projects directly or through grants and cont.rnds with public and 

prlvaro agencies for the develer,ment of more effective education, 

training, researoh, prevention, uiversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice systmn. 

ALLOCATION 

SEC. 222. (a) In accordance with regulations promulgated under 

this part, funds shall be allocated annually ftJllong the States on the basi~ of relative populat.ion of people. under age eighteen. No such 

allotment to any St.ate shall be less than $225,000, except that for the 

Virgin Islands, Guam, Americlm Samoa, and the. Trust Territory 

of the Pacific Islands no allotment shall be less than $56,250. 

(b) Except for funds appropriated for fiscal year 1975, if any 

umount so allotted remains unobligated at the end of the fiscal year, 

such funds shall be reallocated ~in a manner equitable and consisront 

with tJle purpose of this part] in a'll equitable manner to the States 

'which Q.1'e dete1'1nined by tlte Adm-inist'l'ato1' to be in oompliamoe with 

tIle 'l'ep.ti?'ement8 of seotion 93938(0,) (JIB) (A) a,nd seoti01~ 131B8(a) (13) 

fOl' USe b:l/ such Sta,tes in a m,ann.e1' cO'n.'tistent 'with the lJUrposes of 

section fJIB3(a) (JO) (11). Funds appropriated for fiscal year 1975 ma.y 

be obligate(:. in accordance with subsection (a) until June 30, 1976, 

aftel' which t.ime tlhey may be reallocated. Any amount so reallocated 

shall be in addition to the amounts already a1lotted and available to 

the Rtate, the Virgin Islands, American Ramoa, Guam, and the Trllst 

Territory of t.he Pacific Islands for the samE' lleriod. . «') In accordanee with regulat.ions promulgated under this part, 

a portion of any allotment to any Stlllte under this palt shall be available to develop it Rtate plan or foi' other pre-awll,rd activities associated 

with such State plan, and to pay t,hat portion of the expenditures which 

are necessary for efficient administration, induding monitoring and 

evaluation. Not more than 7112 per centum of the total annual allotment of such Stnte shall be ayailable for such purposes, except that 

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any amo.unt expended 0.1' o.bligated by such State, 0.1' by units o.f genera110.cal go.vernment 0.1' any co.mbinatio.n thereo.f, fro.m amo.unts made 

available under this subsectio.n shall be matched (in an amo.unt equal 

to. any such amo.unt so. expended 0.1' o.bligated) by such State, 0.1' by 

such units 0.1' combinatio.ns, fro.m State o.r lo.cal funds, as the case :may 

be. The State shall make availablf} needed funds fo.1' planninO' and. ~dministratio.n to. units o.f general lo.cal go.vernment 0.J,' combinatIOns 

thereo.f within the State o.n an equitable basis. 

(d) In acco.rdance with regulatio.ns pro.mulgated under this parl, 

5 per centum o.f t~e minimum. annual al1?tment to. /tuy St!tt~ und~r this 

part shall be avaIlable to. aSSIst the adVISo.ry gro.up establIshed under 

sectio.n 223 ( a) (3) o.f this Act. 

STATE PLANS 

SEo.223. (a) In o.rder to. receiv~ £o.rm~la grants under t~lis par~, a 

State shall submit It plan fo.r carrymg o.ut Its purpo.ses [Co.nsIstent WIth 

the pro.visio.ns<tf sectio.n 303(a), (1), (3), (5), (6), (8), (10), (11), 

(12), (15). and (1'7) o.f title I o.r the Omnibus Crime Co.ntro.l and Safe 

Streets Act o.f 1968. In acco.rdance with regulatio.ns established under 

this title, such plan lUuSt] applicable to a 3-yea1' l)el'iod. lfhwh plan 

slw,ll be amended annually to include nM(} prograrn8, and the State slwll 

submit annual per/ormmwe ?'cports to the Administmtor 1vhich 8hall 

de8cribe prog1'ess in i~plementing p?'ogram8 !fontairotfcl in tl~e originaZ 

plan, and shall describe the status 0/ com,plw.nce 'with State plan requirements. In accordance 'IlJith 1'egulatiorl.y 'lvMch the Arlm-inistratO'l' 

shall prescribe, such plan shall-

(1) d(,Rignate the Stat~ [planning agency] m'iminal :lu.'ltice 

council ('stablished by tho State under sectio.n [203 o.f such tItle I] 

¥m(b) (1) 0/ the 071l1nibus Ori71W O~1~t?'ol and Safe ~t1'eets Act of 1968 as the so.le agency for superVIsmg the prp.paratIo.n and 

administration of th(' plan; 

(2) contain satisfactory evid('nce that the Stat,e agency designatecl in acco.rdance with para~l'aph (1) (hereafter referred to. in 

this part, as t.he "State [pJanlllng agency] criminal justice council") hus 0.1' will have autho.rity, by legislatio.n if necessary, to implement such plan in conro.rmity with this part; 

(3) pro,-ide £0.1' an advisory gl'oup ap!?o.int('d by the ?hiefexecutive of the Stat~ to carry out tIl(' fUllctIo.ns sp£'cified m subparagraph (F). and to. participate in the dev£'loplnent. and review o.f 

th£' Stnte'R juvenile justic(' plan prio.r to submissio.n to the superviso.r.v bo.ard fo.r final actio.n and (A) which shall co.llRist o.f not less 

than [tw('nty-o.ne] 15 and not mor(' than [thirty-thre('] .93 perso.ns 

who. have training, experience, 01' Rpecial knowledge concerning 

the prev£'ntion and treatment of [It] juv£'nile d£,]inqlwncy or the 

administration of jm'('nile justic(', (R) which Rhall include locally 

elected officials, re'presentatio.n o.f units o.f lo.cal go.vernment, law 

enforc('m£'nt and illYl'nile justic(' ag('nei('s such as law <mforcement, 

corr('ctio.n ()1' pro.bation personnel, and juv('uile. 0.1' family Co.urt 

jUdges. and public ag(,llci€R eou('('rned with delinquency prevention 01' treatm('ut such as welfa,l'e, social Rervices. mC'nt:ll health. 

educatio.n, special education. 0.1' yo.uth services departments, (0) 

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whioh shall include representatives o.f private o.rganizatio.ns concerned with delinquency prevention Qr treatment; concerned with 

neglected 0.1' dependent children; concerned with the quality of 

juvenile justice, education, 0.1' so.cial services fo.r children; which 

utilize vo.lunteers to. wo.rk with delinquents 0.1' po.tential delinquents; co.mmunity-based, delinquency preventio.n 0.1' treatment 

pro.gram~ i business ~TOUpS and ~usinesses emplo.ying yo.uth, youth 

workers mvo.lved WIth alternatIve yo.uth pro.grams, and persons 

with special expedellCe and competence in addressing the problem of scho.o.l ~riolenC('> and vandalism and the pro.blem o.f learning 

disabilities; Gnd organizations which represent emplo.yees af-

:£eoted by this Aot, (D) a majo.rity o.f who.se members (including 

the chainnall) shall not be full-time emplo.yees of the Federal, 

State, 0.1' lo.cal govenlment, (E) at least [o.ne-thirdJ lYIte-fifth o.f 

who.se members shall be under the age o.f [twenty-sIx] $lJ4 at the 

time o.f appo.intm~nt, and at least [three o.f who.m] 3 0/ whose 

71wmbers shall have been o.r shall currently be under the jurisdict~o.n o.f t~e juv:en~le jus~i~ft system; nnd (F) ~vhich (i) shall, con- ~ISte!lt WIth t~IS tItle, advise ih~ State [plannlll~ agency] crfminal 

JU8twe cOUn6"ll and ItS sUpetvISo.ry bo.ard; [(11) may adVIse the 

Governo.l· and the legisla,ture O~l matters related to. its functio.ns, as 

requested;] (ii) 8hall8ubrnit to the Governor' and the legislatu1'e 

at least annually 1'ecommentlatiorl8 1,vith ?'espect to matte?'s ?'elated 

to its functi07UJ, including Statd cmnpliance (with tlw requirements 

of paragraph (1$IJ) (A) and pm'agraph (13); (iii) shall have an 

oppo.rtunity fo.r review and co.mment o.n all juvenile justice and delinguency preventio.n grant applicatio.ns submitted to. the State 

[planning agency other than tho.se subject to. review by the State's 

judicial planning; cli.nmittee established pursuant to. seotio.n 203 

( 0) o.f the Omnibus Crime Co.ntrolnnd Sa f~ Streets Act of 1968, a~ amended] crim,ina.l ,iu8tir.e ooundl, eX(,Q"~t that any such reVIew and co.mment shall be made nQ later than 30 days after the s~bmissio.n o.f any such application to the adviso.ry group; [and] 

(lV) .may be given a ro.le in mo.nito.ring State compliance with the r~.lUrements o.f paragraph (12) (A) and paragraph (13), in adVISlllg' ,on State [planning agellZly mid re~ional planning unit 

superVIsory] nrim1:nal ,1u8Nce counf)il and local m'iminal jU8tice 

advisory board compo.sitio.n, in advising on the State's maintenance of effort undel' [sectio.n 261 (b) and section 502 (b)] section 

l00$IJ o.f the Omnibus Crime Co.ntr0.1 and Saf(\ Streets Act o.f 

1968, as nt~ende~! n~d i!l l'eview o.f. the progres13 I1nd .accomplishments of )lwemle JllstIce and delInquency pr(>vent1on pro.jeots 

funded und~r th(> comprehf'flsive State plan: and (1) shall con-

~aaf; a~ul. 8ep,'k 1'eg~~7a1' irl,'pu! /1:01n ,iU'llen,i7('.8 mM'7'ently ~ttuler the 

JU'rUldu:twn () f tlte ,?ut1end (' .7ustwe 8Y8terr~; 

(4). provide for tl'o fict,ivl' consuItat.ion with and pal't.icipatio.n 

o.f umt,s of gl'Yl(>l'al local go.vernment, or co.mbinations t11e1'eo.£ in 

the development, of a State plan which adequately takes into. 

acco1}nt ~he needs and l'~quests 'Of loeal go.vl'ruments, except that 

no.thIng' In the plan l't'qUIi'ement.!i, 'Or finy regulatio.ns promulgated ~o. oarry o.ut SUdl l'eqniretn('nts, shall be construed to. pro.hibit or 

Impede ~he Stat.e fr~m mnJdng. grants to., 0.1' entering into. Co.Ilt.racts WIth. local prlyate ngencl(,S or tIle adviso.ry gro.up; 

169 , 
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(5) unless the provisions of this paragraph are waived atthe 

discretion of the Administrator for any State in which the services for delinquent or other youth are organized primarily on a 

statewide basis, provide that at least 66% per centum of funds 

received by the State under section 222, other than funds made 

.available to the State advisory group under section 222(e), sha11 

be expended through- . (A) programs of lUlits of general local government or 

combinations thereof, til the extent such programs are consistent with t.1w Bb\tt! plun: and 

(B) programs of local private agencies, to the extent such 

programs are consistent with the State plan, except that 

direct funding of any local private agency by a State shall 

be permitted only if such agency requests such funding I!-fier 

it has applied for and been denied funding by any UnIt of ~enerallocal government 01' combination thereof; 

(6) provide that the chief executive officer of the unit of generallocal government shall assign responsibility for the preparation and administration of the local government's part of a State 

plan, 01' for the supervision of the preparation and administ,ration of the local government's part of the State plan, to that 

agency within the local goverrunent's structure or to a re~onal 

Planninj agency (hereinafter in this part referred to as the 'local 

agency" which can most effectively carry out the purposes of this 

part an shall provide for supervision of the programs funded 

under this part by that local,<,gency; 

(7) provide for an equitable distribution of the assistance 

received under section 222 within the State; . [( 8) set forth a detailed study of the State needs for an effective, 

comt>rehensive, coordinated approach to juvenile delinquency preventIon and treatment and the improvement of the juvenile justice 

system. l'his plan shall include itemized estimated costs for the 

development and implementation of such programs. Programs 

and projects developed from the study may be funded under paragraph (10) provided that they meet the criteria for advanced 

technique programs as specified therein j] 

. (8) provide for (A) an aMZysis ol.juveniZe crime p7'oblems and 

juvenile ,?ustice and deZi'M/uency pre1)ention needB within the relevant jurisdiction, a description of thE.' services to be pro'vided, and 

a description of perf01'lnance goals and priorities, including a spe- cific statement of the manner in whi(th programs are eaJpected to 

meet the identified jI.wenile crime rn'o'blems and juvenile justice 

and delinquerunJ pre7Jentionneeds 0ltl/,e ,iurisdiction,- (B) anindication of the 'fIUl.nne'J' in 'I.vMcl" the proqrams relate to other si'frdlar State 0'1' locaZ p'l'Og'l'a'111,8 'I.ohich m'e int~l'r/.(led to address the same or 

similar problems l and (0) a plan fOj~ the concentmtion of Sf;ate 

efforts wMch shatZ coordiMte alll{tal!e rUIIJenile delinquency programs 'I.oithrespect to ove~'all7)olicy a'f,!d develo'P'm.ent of oojectiv88 

and priorities for all State .1U'1.'e1lile deUnque1W'lJ 'P'l'ogmms and 

activWes, including p1'07Jiswn for 'l'et?ular 'meetings of State officials 'I.o#h re8ponsibility in the Q1'ea OIf juvenile justice O/I/,d delinquency prevention,' 

170 

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(9) provide for the active consultation with an,d participation 

of private agencies in the de,:,elol?ment and ex~cutlOn ~f. the. State 

plan' and provide for coOrdInatIon and ma~nmum utIlIzatIon of 

existing juvenile deli~quency programs and ot~er. related programs such as educatIon, health, and welfare WIthIn the State; 

(10) provide that not less than 7'5 per centum of the funds 

available to such State under section 222, other than funds made 

available to the State advisory group under sec~ion 222(e) , whether expended directly by the State, by the UnIt of general 

local O'overnment or combination thereof, or through grants and 

contr;'cts with public 01' private agencies, shall be used for advanced techniques in developing, maintaining, and expanding 

programs and services designed to prevent juvenile delinquency, 

to divert juveniles from the juvenile justice system, to provide 

community-based alternatives to [juvenile detention and correctional facilities] confinement in secure detention facilities and 

secure c01'1'ectionaZ facilities, to encourage a diversity of ~lternatives within the juvenile justice system, [and] to establIsh and 

adopt juvenile justice standards, and to provide programs for 

juveniies who have committed serious crimes, partimilarly programs 'I.ohich are designed to im,prove sentencing procedure8, 

pr07Jide resources necessary for info1WU3d dispositwm, and provide for effective 1'ehabiZitation. These advanced techniques 

include-

(A) community-based programs and services for the prevention and treatment of juvenile delinquency through the 

development of foster-care and shelter-care homes, group 

homes, halfway hOllses, homemaker and home health services, 

twenty-four hour intake screening, volunteer and crisis home 

nroO'rams. educa.tion. spemal eau('((.tion, day treatment. and 

honi"'e probation, and' any other designated community-based 

diaWlostic, treatment, or rel1abilitative servi?e ; . . (B) community-based programs and serVICes to work WIth 

parents and other family members to maintain and strengthen 

the family unit so that the juvenile may be retained in his 

home; 

(0) youth service bureaus and other community-based programs to divert youth from the juvenile court or to support, 

counsel, or prov~de work and recreational oppo~unities for 

delinquents and other youths to help prevent delInquency; 

(D} projects design~d. t!l deyelop an? imple:ment PI"?grams 

stressIng advocacy actiVItIes aImed at ImprOVIng serVIces f~r 

and protecting the rights of youth impacted by the juvenIle 

justice system j • 

(E) educational programs or supportive services deSIgned 

to [keep delinquents and to] encourage delinquent youth a:nd 

other youth to remain in elementary and secondary schools or 

in alternative learning situations; 

(F) expanded use of probation and recruitment and training of probation officers, other professional and p'araprof~­

sional personnel and volunteers to work effectively WIth 

youth; 

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(G) youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached , by traditional youth assistance programs; :[(H) provide for a statewIde program through the use 

of probation subsidies, other subsidies, other financial incentives 01' disincentives to units of local government, 01' other 

effective means, are designed to-, " 

[(i) reduce the number of commItments of Juvemles to 

any form of juvenile facility a~ a percentage of the State 

juvenile population; , ' f , ~ (ii) increase the use of nonsecure, commum~y-ba~d 

faCIiitIes as a percentage of total commItments to Juvemle 

facilities; and 

[ ( iii) discourage the use of secure incarceration and 

detention ;1 

(9) 8tateWw,e. progm'mS thrO'Uflh the use 018ub8idie8 0'1' 

othe?' fi;narwi<it incentive8 to wnits 01 looal g()'/}ernment designed to-

(i) remove juveniles from jail8 and lockup8 for adUlt8,. 

(ii) replicate juvenile progm'mS de8ignated as eQJempl{:try; by the National Institute of JUstioe ' 

(iii) e8tablish and adopt, based upon the recommeruiationa of the AdvUJory Oommittee 8tandard8 for the wnprovement of juvenile jU8tice within the State,. or 

(iv) increase the use of nonsecure community-based facilztie8 and dUJoourage the use 018eCU?'e incaroeration and 

detention,. 

[(I) programs and activities to establish and adopt, based 

on the recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the 

State;] , (I) program8 de8igned to develop and implement proJeots 

relating to juvenile delinquency and learning di8abilities, inc'/;uding on-tlLe-~ob ,tm~ning progr0Jm8 to assUJt l~ enforcement 'dinil juvenzle JUBt'tOe per80nneZ to more e:/fectwe7;y reoognize and pr()'/}ide fo'l' learning dUJabled and other handioapped 

jwvenUes; and , , (J) projeots de8igned b,oth to deter !nvolvement !n, z?legal 

aotivitw8 and to promote ~nvolvement zn la~ofuZ aotwztzes on 

the l!art 0l~enile gangs a'!ld their members,' 

(11) [provIdes] provide for the developmen~ of an adequate 

research training, ,and evaluation capacity withm t~e ~tate; 

(12) (A) provide within three years afte;r submIssIon of the 

initial plan that juveniles who are cha!g~d wI~h or wh? have committed offenses that would not be crImmal If commItted by an 

adult or such nonoffenders as dependent 01' neglect~d child!7l}' 

shall 'not be placed in [juvenile detention or correctIonal,f!L~Ih­ ties] 8ecure detention facilitie8 or 8ecure correotional facihtw8,. 

and 

(B) provide that the State shall submit annual reports to the 

[Associate] Administrator contai,ning a ,revi(~w C?f the prog~ess 

made by the State to achieve the demstItutIonahzatlOn of Juvemles 

172 

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described in subparagraph (A) and a review of the progress made 

by the State to provide that snch juveniles, if placed in facilities, 

are placed in facilities which (i) are the least restrictive alte~natives appropriate to the needs of the chil~ and the commumty; 

(ii) are in reasonable proximity to the famIly and the home c?mmunities of such juveniles; and (iii) provide the services descrIbed 

in section 103 (1) , (13) provide that juveniles alleged to be or found to be delinquent and youths within the purview of para~raph (12) shall not 

be detained or confined in any institution m which they have 

regular contact with adu~t persons incarcl:r!lted b~cause they ~ave 

been convicted of a crnne 01' are aWl\ltmg trIal on crImmal 

charges: ' 

(14,) Provide {kat, beginning after the 5-'!lear period following 

the date of the enactment of the j~lIVenile Justice Amendment8 of 

1980, no juvenile shall be detained Q?' confined in any jail Q?' lookUP. lor adults,' . , , " 

[(14)] (15) provide for an adequate Rystem of momt,ormg Ja~l~, 

detention facilities, correctional facilities, and non-secure facIlIties to insure that the requirements of paragraph (12) (A) [and], 

paragmph (13), and paragraph (14), ar,e met, and for a~nual 

reporting of the reRults of such momtorm~ to the [AssoCIate] 

Administrator, emcept that 8uch, reporting requlrernent8 8hall not 

appl?/ in the aa..~e of a State which UJ in compliance with the othm' 

requirements of this pa?'agrapl~, ~(,'~ic'/' i8 in compliance 'with the 

requirernent8 in paragraph (12) (Ai and paragraph (13), and whial~ lUJ,8 enacted legi8lation 10hian conforms to such ?'eq~drement8 and 'lohich contain8, in tlte opinion of tlie. Adtministrator, 

8ufficient enforcement meclU)?iis'mS to en,YU1'e that 8uch legislation 

will be administered ejfectiveZ?j" 

[(15)] (16) provide nssurniH.'C' t.hat aRsiRtanee will be available 

on an equitable basis to deal with diRlldvantaged ~'outh including, 

but not limited to, females, minority youth, and mentally retarded 

and emotionally or physically lumdieapped youth; , [(16)] (17) provide for procedures to be estabhshed for protecting the rights of recipients of services and for assuring appropriltte privacy with regard to records relating to sllch services 

provided to any indi~idual und?r the Stat? plan; 

[(17)] (18) prOVIde that fall' and eqmtable Ilrrangements are 

made to protect. the interests of employees affected by assistan<:e 

under this Act. Ruch protective al'l'angementR shall, to the maXImum extent feasible, include, without being limited to, such pro- visions as may be necessary fol'-

(A) tlie {,reservation [or] 01 rights, privileges, and benefits (includlll~ continuation of pension ril!hts and b('nefits) 

under existing collective-bargaining agreements or otherwise: 

(R) the continuation of collective-bargaining rights; 

(C) the protection of individual employees against a 

worsening of their positions with respect to their employment; .. 

(D) assurances of employrn('nt to employees of any State 

or political subdivision thereof who will be affected by any 

173 
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program funded in whole or in part under provisions of this 

Act· 

(E) training 01' retraining programs. 

The State plan shall provide for t he terms and conditions of the 

protection arrangements establishe,,! pursuant to this section; , [(18)] (19) provide for such fiscaL control and fun~ accountmg 

procedures necessary to assure prudent use, proper dIsbursement. 

and accurate accounting of funds received under this title; 

[(19)] (~O) provide reasonable assurances that Federal funds 

made available under this part for any period will be so used as to 

supplement and increase (but not supplant) the level of the State, 

local, and other non-Federal funds that would in the absence of 

such Federal funds be made available for the programs described 

in this part, and will in no event replace such State, local, and 

other non-Federal funds; 

[(20)] (~1) provide that t'he State [planning agency] criminal 

justzce council will from time to time, but not less often [then] 

than annually, review its plan and submit to the [Associate] Administrator an analysis Q,nd evaluation of the effectiveness of the 

programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local n~.ds~ 

which it considers necessary; and 

[(21)] (~~) contain such other terms and conditions as the 

[Associate] Administrator may reasonably prescribe to assure the 

effectiveness of the programs assisted under this title, 

Such plan may at the discretion of the Administrator be incorporated 

into the plan specified in [303 (a)] section 1,1)3 of the Omnibus Crime 

Control and Safe Streets Act. Sucli plain shall be modified bJI the State, 

aB soon aB practico1Jle after the date of the enactment of the Jwvenile 

Justice Amendments of 1980, in order to cO'mp71!/ with the requirements 

of paragraph (14). 

(b) The State [planning agency] criminal justice cO'UlTWil designated pursuant to section 223 (a), after l'e(leiving and considering the 

advice and recommendations of the advisory group referred to in sect.ion 223 (a) , shall approve the State plan a.nd any modification thereof 

prior to submission to the Administrator. 

( c) The Administrat.or shall approve any State plan and any modification thereof that meets the requirements of this section. Failure to 

achieve compliance with the subsection (a) (12) (A) requirement within the three-year time limitation shall terminate any State's eligibility 

for funding under this subpart unless the Adminlstrator[, with the 

concurrence of the Associate Administrator,] determines that t.he 

State is in substantial compliance with the requirement, through 

achievement of deinstitutionalization of not less than 75 per centum of 

such juveniles or through removal of 100 percent of such juveniles 

frO'm 8eCU1'e correctional facilitie8, and has made, through appropriate 

executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time not exceeding two additional y(>ars. Failure to aohieve compliance with the requirements of 

subsection (a) (14) within the 5-year timfllimitation shall terminate 

any State'8 eligibility for fwtuling under tJiis subparJ, wnles8 the Administrat07' determine8 that (1) the State is in sub8tootial compliance 

174 

611 

'with 8uch requirements through tILe achievement 01 not le88 than 75 

percent removal of juveniles from jails and lockup8 for adult8' and (~). the State ~s made, througlb appropriate eroecutive or legisiatilve 

actzon, am, une,/uwocal commitment to achieving full cO'mpliance within 

a reasonable tzme, not to eroceed 2 additional years 

( d) I?l the event that any State chooses not ~ submit a plan fails 

to subml~ It, plan, or submits a plan or any modification thereof, ~hich ~he -4-dmImstrat.or, n:fter re~onahle notice and opportunity for hearmg" m accordance w~th sect~ons '[509, 510, and 511] 803, 804, and 805 

of htle,I of the Ommbus CrIme Control and Safo Streets Act of 1968 ~etermmes does not Jhe(>t the requirements of this section, the Admin! I~tra~or shall ffi'l!'ke t.hat State's allotment under the provisions of sectIOn ;",22(a) aV!l'Ila:ble to public and private agencies for [special emphaSIS preventIOn and treatment] programs as defined in subsection 

[2

1il (a) (10) (II), r:r:he Administrator shall [endeavorto] make such 

rea ocn.ted, funds ava~~b]e ,on [a preferential] an equitable 'basis I:to 

programs 'Ill nonpartlClpatmgStates under section 224(a) (2) and] ~ those States t~at have achieved [substantial or] full compliance 

WIth the [su~s,ect.l(?n (,a) (12) (A) requirement within the init.ial three 

years ,of partlclpatIOn or haye achieved full compliance within a rensonable tll~e thereafter as prOVIded by su,bsootion (c)] requirements under 

,u'lMeotwn (a) (72) (A) and subsection (a) (13). 

Subpart II-Special Emphasis Prevention and Treatment Programs 

~EC. 224; (a) The A.dm~nistratol' is authOlized to make grants to 

8:n e~ter, m~ contr~cts, 'Ylth public I!.nd private agencies or~.niza- tIons, mshtutlOns, 01' mdlvIdU'als to- ' e-

(1) dev~lop and imp']eme~t ne'Y approaches, techniques, and 

methods wINl respect to Juvemle delmquency programs' 

(2) ,develop and maintain community-based alte~atives to 

tradItIonal forms of, institutionaliza.tion; 

, (3) develop and Implement effective means of diverting juve-

!ules f!'om the t1'aqitional juvenile justice and correctional syStem, 

mcl,ndm,g restItutton projects which test and validate selected 

al'bltrn.h,on, model,s~ such as neiihborhood courts 01' panels and in- cl'eas~ VIctIm sn~lsfaetion while providing ulternatives t~ incar- cernhOl~ for d~tallled or adj}l?icated delil~quents; 

(4) lIn~ro,~, tht:' capabIlIty of pubhc and private agencies 

ane1 01'ga1llZatlOJlS to pr<?vido services for delinquonts a,nd other 

youth to help prevent. delInquency' 

[(5) faci1itat~ the adoption of t.he recommendations of the 

,\d':lSOl'Y ComnuttC'(' and the Institute as set. forth pursuant to 

Sl'dlOll 247:] 

(5) de'l.telop .. '1t~tC1ol.df pl'og1:ams tlt1'ough the 'use of subsidie8 

01' otlle1' filla,llmal mcentwes deszgned to-

(A) ~em11Je ,iuyenile,s /,J'01n .fa.ils and wck-ulps for adults,. 

( B) ., ep?zcate JU/I}~nile prog1'ams designated as eroemplary; by tlte Nat20nallrlstztute of J1lstice' 01' 

(0) ('~ta'b7.islb and .adopt, based ~pon 1'eC0mJl1MndatiOrl8 of ~ll,e A~m~01'y. OO'I1}I1n,1ttee, standards for the imp1'ovement of ,1uvenile Justwe 1.vztltm the State' J 

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(6) develop and implement, in coordination with the [Commissioner] Secreta?'!J of Education, model programs and methods 

to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions and 

to encourage new approaches and techniques with respect to the 

prevention of school violence and vandalism; 

(7) develop and support programs stressing advocacy activities aimed at Improving services to youth impacted by the juvenile justice system; 

(8) develop, implement, and support, in conjunction with the 

Secretary of Labor, other public and private agencies and organizations and business and industry programs for youth employment; 

(9) improve the juvenile justice system to conform to standards of due proces;;; 

(10) develop and support programs designed to encourage 

and enable State legislatures to consider and further the purposes 

of this Act, both by amending State laws where necessary, and 

devoting greater resources to those purposes; and 

(11) develop and implement programs relating to juvenile 

delinquency and learning disabilities, including on-the-1ob training p'l'ograms to as8ist law enfO?'oement pm'sonnel amd jwvenile 

justice pe'l'8onnel to mO'l'e effectively 'l'ecognize and p1'ovide fO?' 

learning disabled and otM'l' handicapped jwvenile8. 

(b) Twenty-five pel' centum of the funds appropriated for each 

fiscal year pursuant to this part shall be available only for special 

emphasis prevention and treatment grants and contracts made pursuant to this section. 

(c) At least 30 per centum of the funds available for grants and 

contract-') made pursuant to this section shall be available for grants 

and contracts to private nonprofit a~encies, organizations, 01' institutions who have had experience in dealmg with youth. 

(d) A88istance p'l'ovided pu'l'8uant to this 8ection 8hall be amailable 

on an egltitable basis to deal with disadvantaged youth, including 

female8t mino'l'ity youth, and mentally ')'eta'l'ded and emotionally 01' 

phY8icatly handicappea youth. 

CONSIDERATIONS FOR APPROVAL OF Al'PLIOATIONS 

SlllC. 225. (a) Any agency, institution, or individual desiring to 

receive a grantl 01' enter into any contract under section 224, shall 

submit an applIcation at such time, in such manner, and containing 

or accompamed by such information as the Administrator may prescribe. 

(b) In accordance with guidelines established by the Administrator, 

each such application shall-

(1) provide that the program for which assistance b sought 

will he administered by or under the supervision of the applicant; (2) set forth a program for carrying out one or ,nore of the 

purposes set forth in section 224; , 

(3) provide for the proper and efficient administration of such 

program; 

(4) provide for regular evaluation of the program; 

176 

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(5) indicate that the applicant has requested the review of the 

application from the State planning agency and local agency 

designated in section 223, when appropriate, and indicate the 

response of such agency to the request for review and comment 

on the application; 

(6) provide that regular reports on the program shall be sent 

to the Administ'!'ator and to the State planning agency and local 

agency, when appropriate; 

(7) provide for such fiscal control and fund accounting p~ocedures as may be necessary to assure prudent use, proper dISbursement, and accurate accounting of funds received under this 

title; and 

(8) indicate the response of the State agency or the local 

agency to the request for review and comment on the application. 

(c) In determining whether or not to approve ap:plications for 

grants under section 224, the Administrator shall conslder-

(1) the relative cost and effectiveness of the proposed program in effectuating the purposes of this part; 

(2) the extent to which the proposed program will incorporate 

new or innovative techniques; 

(3) the extent to which the proposed program meets the objectives and priorities of the State plan, when It State plan has been 

approved by the Administrator under section 223 ( c) and when 

the location and scope of the program makes such consideration 

ap:propriate ; 

(4) the increase in capacity of the public and private agency, 

institution, or individual to provide services to delinquents and 

other youth to help prevent delinquency; 

(5) the extent to which the proposed project serves communities which have high rates of youth unemployment, school dropout, and delinquency; 

(6) the extent to which the proposed program facilitates the 

implementation of the recommendations of the Advisory Committee as set forth pursuant to sect.ion 247; and . (7) the adverse impact that may result from the restriction of 

eligibility, based upon population, for cities with a population 

greater than forty thousand, located within States which have 

no city with a population over two hundred and fifty thousand. 

(d) No city should be denied an application solely on the basis of 

its population. 

GENERAl, 1'IWVISIONS 

Withholding 

SEC. 226. Wheneyer the Administrator, after giving reasonable 

notice and opportunity for }H'aring to a recipient. of financial assistance under this tiUe. fiilds-

(1) that, the· program or activity fut' which such grant was 

made has been so changed that it no longer complies with the 

provisions of this ti,t1e; or 

(2) that in the operation of the program or activity there js 

failure to comply substantially with any such provision; 

the Administrator shall initiate such proceedings as are appropriate. 

177 

.~. .~ : .... ~~ .................................................. __ .. ____________________ ~s~. __________ ~ __________________ ................ ~ ................ ____________________________________________________ ~ __ _ 

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US}; m' FONDS 

;SEC. 227. (a) Fund~ p~id ~urs~an~ to this title to any public 01' 

prIvate agency, organIZatIOn, lIlshtutlOn, 01' individual (whether directly 01' throug~ a St.at.e pl~nning agency) may be used fol'-' 

(1) plannmg, developmg, or opemtin'F the proO'ram designed 

to CatTY out the purposes of this part· and '"' 

(~) not 1!10re than 50.per centum of the cost of the c~nstruction of mnovatIye ~ommu~lt.y-based facilities for less than twenty 

persons Wlllcl~, m th(> Judgment of the Administrator. are neceR- sa)'~ fO!' currymg o.ut. the purposes of this pal.t. 

( b) }i..xcep.t as provIded by subsection (a) no funds paid to any 

pubhc or [!rlvate agency, institution. or individual under this purt 

(whether chrectly.or throug-h It State agency or local uO'ency) may be llsed fO)· rOnfltl'llrtlOll. "', . 

PAYl\IENTS 

. SEC, 2~H .. (a) In a~cordance with cdteria established by the Admin- l~tI'ator, It IS tl~e poh~y of Congress that programs fllndea under this 

tIbl(1 shall con~.mue to ,receive financial assistance providing that the 

yearly evaluatI01;l of s~lCh programs is satisfactory, 

[(b) At. the discretIOn of the Administrator when there is no other 

way to fund an essential juvenile delinquency prOO'l'am not funded b~ ~he Law Enforcement Assistanee Administratio~, the State. ma nt~lIze 25 per centum of the formula grant funds available to it unde;' 

tlus part to m~t th~ non-~ederal matching share ,requirement fol' any other Federal Juvemle delmquency pirogram grant.] , 

.[(c)] (b) Wheneve.r t.he Administrator determines that it will con- t~'I~ute to the purposes of pavt A or part C he may requi.re the 1'(>-

ClpI~nt of any grant or contract. to contribute money facilities o~. servIces. ' , 

[( d)] (c) Payments under this pM·t" pursuant to a O';ant or contract, may be made. (a:lite.r necessary adjustment, in the c~ of grant.s, 

on account of prevIOu~ly made overpayments or Undell)ayments) in It(lvda~~e or by way of r~lI!lbl1rsement:>, in such installments and on surh 

('on ItJons as the AdmmIstrrutor may determine. 

( [(e)] (~) Exc~pt as provided in the second sentence of section 222 

c). finanCIal aSSIstance extended under the provisions of ,this title 

sh8;ll. be 100 pel' centum of the approved costs of any promlwn or acttvIty. ' 1:>'- , 

[(f)] (e) ~n.the case of a grant. under this part to an Indian t.dbe o~:bt.her a?orIgmal g.roup, if the A?ministrator detel'mines that the foll e or group does not. have suffiCIent funds availahln to meet the 

o('al shar(l of the c~t. of any program or project to be funded under ~he gmnt, tJ}(' .AdllllllIstrator may increase the Federal sha.re of bhe 

cost. thereof to tJle extent he deems necessary, Where a State does not 

~av~ ,an adequaJ!:e foryxm to enforce grant provisions imposing any ~a;bIhty 0!l. IndIan trIbes, the Adminisbrator is authorized to waive 

tate habthty and may pursue such legal remedies as are necessary [~g)] CO If the ~dminist.rator detelmines. on the basis of infor~ ma;tIOn avaIlable to lum ~uring any fiscal year, t.hat a portion of li:Jhe ~undls gra.nte.d to an apph~ant, under 81tbpa,rt I/ of this part for that 

sea yea! WIll not he,requll'eo by the applIcant O'I' will become avail178 

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a.ble by virtue of the applica.tion of the provisions of sootion [509] 

880 of the Omnibus, Crime Control and Safe Streets Act of 1968, 

as amended, that portion shrull be available for reallocation in an equitable mn,nne1' to States whioh have com.plied with the requirementlt 

in section 93933(a) (lfJ) (A) and section fJ938(a) (13), under section 93~4 

(a.) (5) [under section 224] of this title, 

CONFIDENTIALITY OF PROGRA:ft[ RECORDS 

SEC. 229. Except as authorized by law, program records containing 

the identity of individual juveniles gathered for purposes pursuant to 

this title may not be disclosed except with the eonsent of the service 

recipient or legally authorized I\epresentative, or as may be necessary 

to perform the functions required by this tit1e. Under no circumstances 

may project reports or findings available for public diSsemination 

contain the actual names of individual service recipients. 

PART C-NATIONAI. IXSTITUTE FOR .JUVE~IJ.E .JUSTICE AND 

DELINQUENCY PREVENTION 

SEC. 241. (a) There is hereby established wit.hin t.he Juvenile Justice and Delinquency Prevention Office a National Institute for Juvelli1e Justice and Delinquency Prevention, 

(b) The National Institute for .J uvenile Justice and Delinquency 

Prevention shall be under the supervision and direction of the [Associate] Administrator, and shall be headed by a Deputy [Associate] 

Administrator of the Office appointed under section 201 (f) . (c) The activities of the National Institute for Juvenile Justice 

and Delinquency rrevention shall be coordinated with ~he activit!es ?t 

the National InstItute of [Law Enforcement and Crlll1lnal] JustIce m 

accordance with the requirements of section 201 (b) , (d) It shall be the purpose of the Institute to provide a coordinating center for the collection, preparation, and dissemination of useful 

data regarding the treatment,and control of juvenile offenders, and it 

shall also be the purpose of the Institute· to provide training for representatives of Federal, State. and local law enforcement officers, 

teachers, and other educat.ional personnel, juveni1e welfare workers, 

juvenile judges and judicial perso~n~l, p,robation personn~l, cor~ectional personnel and other pe·rsons, mcludmg lay personne1, mcludmg 

persons associated ~ith law-r~lated education p~'ograms, you~h w.orkers, and representatIves of prIVate youth age~Cles !Lnd orgamzatIOns, 

connected with tl1(l trC'atment and control of ]nvem)e o~enders. , (e) In addit,ion to the other powers. express and ImplIed, t.he Inshtntc\ mv.y- , . (1) request any Federal agency; to supply su~h statIstIcs, data, 

program l'epol'ts'.un~ oth~r matel'lal us the InstItute deems necessary to cal'l'y out. ltS functIons; . (2) arrange with and reimburse the heads of Federal agenCles 

for the, nse of personnel 01' facilities or equipment of such agencies; . . (3) confer with and avail itself of the cooperatIon, ser~lCes, 

l'ecords, and facilities of State. municipal, or other publIc 01' 

prh-at(\'lO<'al agellrieR: 

61-646 0 - 60 - 2 

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UEU; m' FUN))S 

;SEC. > 227. (a) Fund~ p~id ~urs!lan~ to this title to any public 01' 

prlvatt, agency, orgamzatIon, lIlstItutIOn, 01' individual (whether directly OJ' throug~ a State pl~nning agency) may be used for-' 

(1) plannmg, developmg, oroperatin,r the program designed 

to carry out the purposes of this part· and 

. (¥) not. 1~10re than 50,Per centum of th(> cost of the construction 

of mnovatJ,ve ~onllnurylt:v-based facilities for less than twenty 

persons wlncl~, In tlu,' Judgment of the Administrator are neces- sal'~ ~Ol' carrymg o,ut the purposes?f this pal't. ' , 

(b) hxcep,t as prOVIded, by subsectIon (a), no funds paid to any 

public OJ:' ~rlvate agency, mstitution. or individual under this part 

(whether dIrectly, or through a .state agency 01' local naency) may be Ils(~(l fOl' l~onstl'll('tIOJ\, I':> , 

PAYl\IENTS 

, SEC, 2~~H, ,( a) In a~col'dance with cI'iteria established by the .A.dmin- l~trator, It IS tl~e polIcy of Congress that programs fl1ndeu under this 

ttblo shall con~mue to ,I'eceive financial nssistance providing thnt the 

yearly evaluatlOl,l of s~lCh programs is swtisfactory, 

[(b) At the dIscretIOn of the Administrator when there is no othel' 

wny to fl1nd an essential juvenile delinquency proal'fi'l11 not funded 

by: ~he Law Enforcement Assistan!'.e Administratio~, the State rna \1ot~hze 25 per centum of the formula grant funds available to it unde;' 

tlns part to n1f~t th~ non-¥ederal matching share ,requir(>ment fol' any other Federal Juvemle delmquency program grant.] . 

.[ (c)] (b) Wheneve.r the Administrator determines that it will con- trI~ute to the purposes of pal1t A 01' part C he may requi.re the rpclpII;mt of any grant or contract, to contribute money facilities o~, servICes. ' . l 

[( cl)] (c) Payment.s under this pa,l't, pursuant to a arant or contract, may be made, (a:lite,r necessary adjustment, in the c~ of grants. 

on account of prevIOu~ly mad .... overpayments or underpayments) in a(lvda~~e or by way of r~lI!lbul'sement::ll ill such installments and on such 

con lbons as the AdmmIstrator may determine. 

( [(e)] (~) Exc~pt llS provided in the second sentence of section 222 

c). finanCIal aSSIstance extended under the provisions of ,this title sh~ll, be 100 pel' centum of the approved costs of any promram or actIVIty. . 0'-

[( f)] (e) ~n ,the case of a grnnt. under il:his part to an Indian tdbe 

ol:b°t.her aborlgmn.l g.roup, if the Administrator detelmines that th .... P'I e or group does not. have sufficient funds available to meet the 

oral ~hal'(>' of the c~st. of Hny progr!lm or project to be funded under ~he gU\J1t, th(l ~\dlllImstrator may Increase the Federal share of the 

cost. ther(>of to the extent he deems necessary. Where a State does not 

~av~ ,an adequ~ forytm to enforc~ grant provisions imposing an ~abllIt:y 0!l. Indlltn trIbes, the ,A.dmll1ISorator is authorized to wn.iv~ tate lIabIlIty and may pursue such legal remedies as are necessary 

[~g)] CO If the ~dminist.rator detelmines. on the basis of infor~ matIOn avaIlable to Inm during any fiscal yea I:, t.hat a portion of the 

~undls gra.nt;.d to an appli~ant under 8~~bpart II of this part for that 

sea yeat "Ill not be. reqUIred by the applicant or will become avail178 

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able by virtue of the application of the provisions of section [509] 

830 of the Omnibus, Crime Control and Safe Streets Act of 1968, 

as amended, that portion shwl,l be available for reallocation in an equitable 77UJ,nne1' to State8 which have cO'llI.plied with the refJUirementlJ 

in 8eotion ~fJ3(a) (1~) (A) and 8ection ~fJ3(a) (13), under 8ection ~~4 

(a.) (5) [under section 224] of this title . 

CONFIDENTIALITY OF PROGRAM RECORDS 

SEC. 229. Except as authorized by law, program records containing 

the identity of individual juveniles gn.thered for purposes pursuant to 

this title may not be disclosed except with the consent of the service 

recipient or legally authorized i'epresentative, or as may be necessary 

to perform the functions required by this tit](>. Under no circumstances 

may project reports or findings available for public dissemination 

contain the actual names of individual service recipients . 

PART O-NATIONAl. IXSTITUTE FOR .JUVENII.E .JUSTICE AND 

DELINQUENCY PREVENTION 

SEC, 241. (n.) There is hereby estn.blished wit.hin the Juvenile Justice and Delinquency Prevention Office a National Institute for J uvenile Justice and Delinquency Prevention. 

(b) Th .... National Institute for .J uvenile Justice and Delinquency 

Prevention shall be under the supervision and direction of the [Associate] Administrator, and shall be headed by a Deputy [Associate] 

Administrator of th(> Office n.ppointed under section 201 (:l). 

(c) The activities of the National Institute for Juvenile Justice 

and Delinquency Prevention shall be coordinated wit.h the activities of 

the National Institute of [Law Enforcement and Criminal] Justice in 

accordanee with the requirements of section 201 (b). 

( d) It shall be the purpose of the Institute to provide a coordinating center for the collection, preparatiOli, and dissemination of useful 

data regarding the treatmentn.nd control of juvenile offenders, and it 

shall also be the purpose of the Institute' to provide training for representatives of Federal, State. and local law enforcement officers, 

teachers, and other educational personnel, juvenill' welfare workers, 

juvenile judges n.nd judicial persol,lnel, ~robn.tion personn~l, cor~ectionn.l personnel and other pe'rsons, lllcludlllg lay personnel, lllcludlllg 

persons associn.ted with law-r~lated education p~'ograms, you~h w,orkers, and representatives of prIvate youth age~CIes !1nd orgamzatIons, 

connected with th(l treatment and control of ]llvemle offenders. 

(e) In addition to the other powers. express and implied, the Institllt(\ may-

(1) request any Fedeml agency to supply su?h statistics, data, 

prog-rnm I'eports.,and. oth~r mat('l'ial liS tlH~ InstItute deems necesRary to carry out. Its functIons; . (2) arrange with and reimburse the heads of Federal agenCIes 

for thp. use of p('l'sonnel or facilities or equipment of such agencies; . . (3) confer with and avail itself of the cooperation, serYlCes, 

I'ecords. and facilities of State. municipal, or other pubhc or 

pri ,'at('l'lO<'al ag(ll1cies; 

61-648 0 - 80 ~ 2 

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(4) make grants and enter into contracts with public 01' private agencies, organizations, or individuals, for the partial performance of any functions of the Institute; 

(5) compensate consultants and members of technical advisory 

councils who are not in the regular full-time employ of the United 

States, at a rate now 01' hereafter prescribed foi' GS-IS of the 

General Schedule by section 5332 of title 5 of the United States 

Code and while away from home, Ot' regular place of business, 

they may be alJowed travel expenses, including per diem in lieu 

of subsistence, as authorized by section 5703 of title 5, United 

States Code for persons in the Government service employed intermittently; and 

. (6) assist, through training, the advisory groups established 

pursuant to section 223 (a) (3) 01' comparable public 01' private 

citizen groups in nonparticipating States in the accomplishment of their objectives consistent with this Act. 

(f) Any Federal agency which receives a request from the Institute 

under subsect.ion (e) (1) may cooperate with the Institute and shall, 

to the maximum extent practicable, consult with and furnish information and advice to the Institute, 

INFORUATION FUNC1'ION 

,SEC. 242, The National Institute for Juvenile .Tustice and Delinquency Prevention is authorized to-

(1) serve as an information bank by collecting systematically 

and synthesizing the data and know ledge obtained from studies 

and research by public and private agencies, institutions, or individuals concerning all aspects of juvenile delinquency, including the prevention and treatment of juvenile delinquency; 

(2) serve as a clearinghouse and information center for the 

preparation, publication, and dissemination of all information 

reg!trding juvenile d~linquency, including State and local juvenile 

dehnquency preventIon and treatment programs and plans, availability of resources, training and educational programs, statistics, and other pertinent data and information. 

RESEARCH, DEMONSTRATION, AND IWAJ,UATION FUNCTIONS 

SEC. 243, The National Institute for .Tuvenile .Tustice and Delinquency Prevention is authorized to-

. (1) conduct, encourage, and coordinate research and evaluatIOn mto any aspect of juvenile delinquency, particularly with 

regard to new programs and methods which show promise of 

making a contribution toward the prevention and treatment of juvenile delinquency; 

(2) encourage the development of demonstration projects in 

new, innovative techniques and methods to prevent and treat 

juvenile delinquency; 

(3) provide for the evaluation of all juvenile delinquency p'rograms assisted under this title\ in order to det,ermine the results 

and the effectiveness of such programs; 

180 

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(4) provide for t.he evaluation of any other Fedel'lll, State, or 

local juvenile delinquency program, upon the request of the Associate Administrator; 

(5) prepare, in cooperation with educational institutions, Federal, State, and local agencies, and appropriate individuals and 

private agencies, such studies as it considers to be necessary with 

respect to the prevention and treatment of juvenile delinquency 

and related matters, including recommendations designed to promote effective prevention and treatment, such as assessments regarding the role of family violence, sexual abuse 01' exploitation 

and media violence in delinquency, the improper handling (If 

youth placed in one State by another State, the possible amelioratmg roles of recreation and the arts, and the extent to which youth 

in the juvenile system are treated differently on the basis of sex and 

the ramifications of such practices; 

(6) disseminate the results of such evaluutions and research 

and demonstration activities particularly to persons actively working in the field of juvenile delinquency; and 

(7') disseminate pertinent data and studies (including a periodic journal) to individuals, agencies, and organizations concerned with the prevention and treatment of juvenile delinquency, 

TRAINING FUNCTIONS 

SEC. 244. 'rhe National Institute for Juvenile Justice and Delinquency Prevention is authorized to-

(1) develop, conduct, and provide for training programs for 

the training of professional, paraprofessional, and vo~unteer persmmel, and other persons who aI'e or who are preparmg to work 

with juveniles and juvenile offenders; 

(2) develop, conduct, and provide for seminaI'll, workshop, and 

trammg progmms in the latest proven effecbive techniques and 

methods of preventin~ and treating juvenile delinque·ncy for law 

enforcement officers, Juvenile judges, and other court personnel, 

probation officers, correctional personnel, and other li'ederal, State, 

and local government. personnel who are engaged in work relating 

to juvenile delinquency; . . , . (3) devise and conduct a trammg program, m accordance WIth 

the provisions of sections [2:4:9, 250, and 251,] 9348, 21,f), 250, of 

short-term instruction in the lastest proven-effective methods of 

prevention, control, and treatment of juvenile delinquency for 

correctional and law enfol'cement personnel, teachers ltnd other 

educational personnel, juvenile welfare workers, juvenile judges 

and judicial personnel, probation officers, and other persons (mcludmg lay personnel, including persons associated with lawrelated education programs, youth workers, and representatives 

of privat.e youth agencies and organizations) connected with the 

prevention and treatment of juvenile delinquency; and 

(4) develop technical training teams to aid in the development 

of training programs in the States and to assist State and local 

agencies which work directly with juv~niles and juvenile offenders. 

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INSTITUTE ADVISORY COMMI'l'TEE 

81:0. 245. TIm Advisory Committee shall advisel consult with, and 

make recommendations to the [Associate] Admimstrator concerning the overall poliey and operations of the Institute. 

ANNUAl, REPOU'l' 

SEC. 246. The Dep.uty [As~ciate] Adn:tinistrutol' for the . National 

Institute for J u "ellIle JustIce and Delmquency PreventIOn shall 

develop annually and submit to the [Associate] Administrator after 

the Drst. year the legislation is enacted, pl'ior to Septl'mber 1-30, a report 

on resl'urch, demonstration, training, and evaluation programs funded 

under this titlCI, in~luding a review of the results of such programs, an 

assessment. of thl' application of such results to existing and to new 

juvenile delinquency programs, and detailed recommendations for future research, demonstration, training, and evaluation programs. The 

[Associate] Administrator shall include a summary of these results 

and recommendations in his report to the President and Oongress required by seetion204(b) (5). 

I)E\'ELOPMENl' OF f.;TANOARDS FOR JUVENIL}] .TUSTl('E 

SEC. 247. (a) The National Institute for Juvenile ,Tustice and Dl'-

linquency Prevention, under the supervision of the Advisory Committee, shall review existing reports, data, and standards, relating to the 

juvenile justice system in the United States. '. 

(b ) Not. later than one year after the passage of tl1is section, the 

Advisory Committee shall submit to the President and the Congress a 

report which, based on recommended standards for the administration 

of juvenile justice at. the Federal, State, and local level-

(1) recommends Federal action, including but not limited to 

administrative and legislative action, required to facilitate the 

adoption of these standards throughout the United States; and 

(2) recommends State and local action to facilitate the adoption of these standards for juvl'nile justire at the Rtate and local level. 

(c) Each department, agency, and instrumentality of the executive branch of the Government. including independent agencies, is 

authorizl'd and directed to furnish to the Advisory Committee such 

information as the Committee dl'ems necessary to carry out its func- tions under this section. 

(d) Following the submission of its report. unoer subsection (b) 

the Advisory Committ.ee shllJl direct it.s efforts toward refinement of 

the recommended standards and may assist State and local governments and pjt'ivate agencies and organizations in the adoption of aplH'opriate stand.ards at State and local levels. The NaHonal Institute 

for Juvenile Justice and Delinquency Prevention is authorized to develop and support model State legislation consistent with the mandates of this Act arid the standa'rds developed by Advisory Oommittee. 

ESl'A8LISlllUEN'I' OP 'l'RAINING I'ROGRAl[ 

SEC. 248. (a) The [Associate] Administrator shall establish within 

the Institute a training program designed to train enrollees with reY' 

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spect to methods and techniques for the prevention and treatment of 

juvenile delinquency. In carrying out this program the [Associate] 

Administrator is authorized to make use of available Stat.e and local 

services, equipment; personnel, facilitins, and tho liko. 

(b) Enrollees in the training program established under this section shall be drawn from correctionall\lond Jaw enforcement personnel, 

teachers and other educational persollnel, juvenile welfare workers, 

juvenile judges and judicial pl'rsonnel, pl'obaHon officers, and other 

persons (including lay personnel, including pBiS9ns associated with 

law-related l'ducation pl'og-rums, youth workers~ and representatives 

of private youth agencies a.nd organizations) '!Olmected with the pre- vention and treatment. of juvenile delinquency. 

(!UURICtrr,t':l\[ Fon TRAINING l'UOClRAlI[ 

S)~('. 249. l'lIe [Associate] Administl'lltor shall design and supervis(' 

a curriculum for thl' t.raining progmm established by section 248 which 

shall utilize an int.eJ'Cliseiplinnry approach with respect to the prevention of juvenile delinquency, the trentment of juvenile delinquent.s, 

itnd the diversion of vouths from the juvenile justice system. Such 

curriculum shall be aj)propriate to the 'nl'eds of'the enrollees of the training' progmm. 

I~NROLr,lIIEX1' Fon '!'RAINING }'HOORAlI[ 

SEC. 250. (1\) Any per80n lie{'king- to l'nro11 in the training program 

established undl'r section 248 8hn11 tl'!\nsmit an al?plicat.ion to the 

[Aslioriat{'] Administrator, in such forlll and accol'dmg to surh proce- dures as the IAsRoeiatl'] Aoministrntol' mny pr('scribe. 

(b) The [ ssociate] Administrator shalf makl' the final determination with respl'ct to the admittanre of any person to tIlt' h\uining progmrtJ. The [Asso('inte] Administratol', in making su('h d('termination, 

shall seek to aSSIlI'(' thnt P<'I'SOIlH ndmittl'd to the tmining' program Itre 

broadly I'epl'eselltati \'(' of th{' eategol'i<'s desrrib~d in section 248 (b). 

(c) While studying' at the Institut{' and while tl'ltveling in COIlllection witl~ his study. (illrJlIding authorized field trips), eaeh person 

enrolled III the Institute shull bl' allowed h'a\'el expenses and a per 

diem allowance in the sallie mnllll(~l' as IH'esrl'ibed for persons l'mployed 

int.el'mittently in the Governll1{'nt service under s('etion 5703[ (b) i of tit.le 5. rnit{'d Rtates Oode. 

PAUl' J)-ADlIUNIS'l'UATH')'] PRO\'JSIO~S 

SEC. 261. (1\) To ral'ry out the pUrpOSl'H of this title therl' is 

aut.hol'ized to be appropl'iated[$150,OOO,000 for tlll' fiscal year ending 

Seprember 30, H)78, $175,000,000 for the filical yenr muling September 

30, 11)79, and] $200,000,000 .[for the fiscal yeal: ending Hl'ptl'mber 30, 

1980.] /01' ea('/~ of the (i.9cal ~/ea1'8 ending' /;('pt(,1111)('.';' 80, 1981, 8('7>-

fembm' 30, 1,982, "S'eptemom' .']0, 1988, and S('lJternlm' ;10, 1,981,.. Funds npI~l'opriated fOl' any fiscal year may r{'main aVlliln!bl{' fOl' obligation untIl expended. 

(b) In addition to the funds appropriated under section 261 (a) 

of t.I1{,. ,Tuvl'nill', ,Tust.ice Itnd Delinquency Prevl'ntion Act of 1974, thll 

Administrat.ion shall maint,a.in from the appropriation for the. Law 

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Enforcement Assistance Administration, eooh fiscal year, at leru;t 19.15 

percent of the total appropriations for the Administration, for juvenile delinquency programs. 

APPLICABILITY OF OTHER ADMINISTRATIVE PROVISIONS 

,SEC. 262. The administrative provisions of titJe I of the Omnibus 

Crime Control and Safe Streets Act of 1968, designated as sectionfi 

501,504,507,509,510,511,516, 518(c), 521, and 524 (a) and (c) ofsuch 

Act, are incorporated herein as administrative provisions applicable 

to this Act.] 

8 EO. 1362. ( a ) The adminiB tmtive provisioruJ of 8eatiOruJ 8rm ( a ) . 

8013(0),808,804-,805,806,80'7,810,8113, 818, 81J,.(a)~ 8.15(0), 81?'(a). 

81'7(b), 81'i(0), 818 (a) , 818(b), and 818(d) of the Ownibus Orime 

Oontrol and 8afe litreet8 Act of 1968 are iM01'I)()mted in thi8 Aot 

as admini8trative provisio718 applioable to this Act. Reference8 in 

the cited 8eotions authorizing action by the DireotO'r of the Office of 

.Justice A88i8tance, Re8earch and Statistic8, the AdministratOr' of the 

Law EnfOr'cem,ent A88istance Administration, the Director of the National Institute of Justioe, and the. DirectOr' of the Bureau of .Justice 

Stati..9tic8 a180 81w1l be cOruJt1'ued as authorizing the Admini8trator of the Office of :'uvenile .Justice and Delinquency Prm)('ntion to perfOr'm the 8a1M u.ctwn, 

(b) The Office of .JusUce A88zstance, Researoh, and 8tatistic8 8hall 

di1'eotly p1'ovide 8taff 8UppOr't to, and coordimate the activitie8 of, the 

Offioe of .17t1·enile .hf8tine and Delinquency Prevention in the 8a·1M 

mannel' as it i8 auth01'ized to 7J1'01!ide 8taff SUPP01't and coordinate tlU! 

activitie8 of the La,U! Enf01'cement A88istance Admini8tration, Nationp,l/rlstitute of Justice, and Bw'eau of Justice Statistic8 p1t1'8uant 

to 8ection 801 (b) of the 01r/lnibus 01'ime '(Jontrol and Safe Street8 Aot 

of 1968. 

F.FI"F!(,TH'F. ('f,,\USJo~ 

SEG. 26~. (n) Except as provided by subsections (b) and (c), 

the foregoing- l)ro\'isio)H; of this Act shall take effect on the date of 

enactment of tMs Act. 

(b) Section 204(b) (5) and 204(h) (6) shall become effective at the 

close of the thirty-first day of the twelfth calendar month of 1974. Section 204 (I) shal1 become effectivt.> at tIlt.> close of the thirtieth day of tilt.> 

eleventh calendar month of 19'76. 

(c) Except as otherwise provided bv the .Tuveni1£' .Tustice Amendments of 1977, t,he amendments made by the Juvenile .Tustic£' Amendments of 1977 shall take effect on Octob£'r 1, 1977, 

TITLE TTI-RlTNAWA Y AN!) H()AtEl-ERR YO'{TTH 

SHORT TITLE 

SEC. ;JOt. T'hiH tit1£' mav be cited as til£' "Runaway and HomelesR 

Youth Act". ' . 

FINDINGS 

SEC. 302. The Congresll hereby finds that-

(1) the number of juveniles who leave and remain away from 

home without parental permission has increased to alarming pro184 

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portions, creating a substantialIa w enforcement problem for the 

communities inundated, and significantly endangering the young 

people who are without resources and live on the street j 

(2) the exact nature of the problem is not well defined because 

national statistics on the size and profile of the runaway youth 

population are not tabula.ted ; 

- (3) many such young people, because of their age and situation, are urgently in need of temporary shelter and counseling serricMj . (4) the problem of locating, detaining, and returning runaway 

children should not be the responsibility of already overburdened 

police .deP.ltrtments ~nd juvenile justice authorities j • a~d 

(5) m VIew of the li~~'>.l'state nature of the problem, It IS the responsibility of the Federal 90vernment to develop accurate !eporting of the problem natIOnally and to develQ[> an effective 

system of temporary care outside the law enforcement structure. 

RUUlS 

SEO. 303. The Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secre~ary") may prescribe such rules as ~e 

considers necessary or approprIate to carry out the purposM of thIS 

title. 

PAn'!' A-GnAN'rs PltOGUAM 

PUUPOSES OF GRAN'!' PltOGltAl\[ 

SEC. 311. (a) '1.'11e Secretary is authorized to make grants and to provide' technical assistance l\ud short-term training to States, localities 

and nonprofit private agencies and coordinated netwOI'ks of such ageJ!.-

cies in accordance with the provisions of this part. Grants under thIS 

part shall be made equitabl'lj among Ute State,9 basad 1tpOn tlteit, re- ,~peotive pOlyulatioruJ of ym~th 1mde7'18 yeal'8 of age for the purpose of 

cleveloping IOCltl facilities to deal primat'ily WIth the immediate needs 

of runawllY youth 01' otherwise. homeless youth, and theil' farnilie8, in 

a manner which is outside the law enforcement structure and juvenile 

justice system. The size of snch grant shall be determined by the numher of such youth in the commnnit,y and the existing Iwnilability of 

services. Gmnts al80 ?n.ay be 'TIwde fo'l' tlw pr01

1i8/on of a national 

nornrnunicatio1l8 8ystem, /01' tlte pU1'pose of assi8ting ?'unaway and 

homeZe88 youtlb in oorn?nunicatinp (witl~ theil' families and with 8e'I'VWe 

providm'8. Among npplicltuts prlority shall be given to private Qrganizltt.ions or institutions which Imvc had past expel'i!'Jlce in dealing with 

such youth. (b) The Seor~ta'l'1J i8 a~tth01izcd ~o p1.'ovide 8111pp,Ze1M71:taZ (lran!8 to 

1'ltnaway cnntm'8 'wMch are de1'elopzng, ~1tCOOp(!l'atwn '101th 10oal,1uvenile oourt and 800ial 8c1'Vioc agenC1Jpel'sonnel, model p'rog1't1Im8 de8iqned to pl'01·fd", aRsi8tallr.(~ to jU1'M~i7e8 10110 lW1'e 1'epeatedlu lelt and 

?'emailned away f1'om the-h' n.ome8 01' h'Ol1'b any facilitle8 in whic'" they 11m'", been placed a,y Nw 1'(?,mlt of an adjudication. 

(c) The Reoretaf'1/ i,y IJ.lltl101'l'zed to pl'om'de on-the-job training to 

local1'Unaway and homele88 yO'Utli, cen.ter pe1'8onnel and coo1'dinated 

71et'WOr'ks of locallau' mf01'Oe1nf'nt, .~oc;al 8el'llice, and '1.lJelfa1'l3 pe1'8onnel. to a88is't 8uch pm'8onnel 'I'n 'reoognizing ani/. 7J1'ovi(Ung .for learning 

diMbler! fwd other ltandicapped :illvmile8. 

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ELIGIBILITY 

SEC. 312. (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund an existing or proposed runaway [house] center. a locally controlled facility providing 

temporary shelttlr, and counseling servIces to juveniles who have left 

home without permission of their parents or guardians 01' to other 

'lu»rwless jwveniles. 

(b) In order to qualify for assistance under this part, an applicant 

shall submit a plan to the Secretary meeting the following requirements and including the following information. Each [house] center-

(1) shall be lOcated in an area which is demonstrably frequented by or easily reachable by runaway youth; 

(2) shall have a maximum capacity of no more than twenty 

childrent *Vith a ratio of staff to children of sufficient portion to 

assure adequate supervision and treatment; 

(3) shall develop adequat.e plans for contacting the child's 

parents or relatives (if such actIOn is required by State law) and 

assuring the safe return of the child according to the best interests 

of the child, for contacting local government officials pursuant t.o 

informal arrangements established with such officials by the rune.way [l,lou~~], center, and for providing for other appropriate alternatIve nvmg arrangements; 

(4) shall develop an adequate plan for assuring proper relations with law enforcement personnel, soaiaJ, se'I'Vice personnel, 

ana welfare personnel, Ilnd the return of runaway youths from 

correctional institutions; . 

(5) shall develop an adequate plan for aftercare counseling 

involving runaway youth and their parents within the State in 

which the runaway thouseJ center is located and for assuring, as 

possible, that aftercare serVIces will be provided to those children 

who ar~ returned beyond the State in which the runaway [house] 

center IS located; 

(6) shall keep adeguatestatistical records profiling the children 

and parents which it serves, except that records maintained on 

individual runaway vouths shvll not be disclosed without the consent of the individual youth and parent or le~l guardian to anyone other than another agency comJ.>i1ing statistical records or a 

government agency involved in the dIsposition of criminal charges 

against an individual runaway youth, and reports or other documents based on such statistical records shall not disclose the 

identitv of individual run II way youths: 

(7) shall submit annual reports to the Secretary detailing how 

the [house] center has been able to meet the goals of its plans and 

reporting the statistical sununaries required by par~raph (6) j 

(8) sh.a11 demonstrate its ability to operate under accounting 

procedures and fiscal control devices as required by the Secretary ; 

(9) shall submit a budget estimate WIth respect to the plan 

suhmitted by such [house] cente1' under this subsection; and 

(10) shall supply such other information as the Secretary reasonably deems necessary. . 

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APPROVAL BY 8ECm~TARY 

SEC. 313. An application by a State, locaHty, 01' nonpl'ofit private 

agency for a grant under thIS ,eart may be approved by the Secretary only if it is consistent With the applicable provisions of this 

part 8ll1d meets the requirements set forth in section 312. Priority shall 

be given to grants smaller than [$100,000] $150,000. In considering 

gran,t applications under this pa~t, priority shall be given to [any 

applIcant whose program budget IS smaller than $100,000] O1'g(llf&iza. 

twm which have a aem6rt8tratea emperierwe in the provi,sion of ae'I'Vice 

to 'rIlhUJ/way a.nd homelcs.9 youth a.nd thei1' families, 

GRANTS TO l'R[VAT}~ AGENCIES, STAFFING 

Sl!lC. 314. Nothing ,in this part shall be construed to deny grants to 

nonprofit private agencies which are fully controlled by private boards 

or persons but which in other respects meet ,the reqUIrements of this 

part and agree to be legally responsible for the operation of the 

runaway house. Nothing in this part shall give the Federal Government contl'ot over t.he staffing and personnel decisions of facilities 

receiving Federal funds, 

REPORTS 

~EC, 315, The Secretal'y shall annually report to the Congress on the 

status and accomplishments of the runaway [houses] centers which 

are funded under this part, with particular attention to--

(1) ,their effectiveness in allevi&.ting the problems of runaway youth; 

(2) their ability to reunite children with their famlHes and to 

encourage the resolution of intrafamily problems t.hrough counseling and other services j 

(3) their offect,iveness in strenl!t,hening family J'ela.tionshi))H 

and encouraging stahle living condit,ions fol' childl'en; and 

(4) their eife('tiveness in helping' youth decido upon a future 

CO\11'se of action. ' 

FEDERAL SHARE 

SEC. 316 (a) The Federal share for the acquisition and renovation 

?f existing structures, the provision of counseling services, stall t~inmg, and the general oos~s of operations of such facility's budget for 

I\ny fiscal year shall be 90 pel' centum. The non-Federal share may be 

in ~h or'in kind,. fnirly evaluated by the Secretary, including plant. £'quIpment. or services. 

(b) Payments under t~is section may. be made in installments, in 

ndvance. or by way of reImbursement, With necessary adjustments on 

nrronnt of O\'£,l'payments 01' underpaymenbl. 

PART R-RECORDS 

RECORDS 

SEC. 321. Records containing the identity of ind,ividu9.1 youths pursuant to vhis Act may under no circumstances be disclosed or transferred t.o nny individual or to finy public or private agency . 

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PART C-R'EORGANIZATION 

RF-ORGANIZATION PLAN 

SEC. 331. (a) After April 30, 1978, the President may submit to th!3 

Congress a roorganization plan which, subject to the provisions of subsection (b) of this section, shall take effect, if such reorganization plan 

is not disapproved by a resolution of either House of t.he Congress, in 

accordance' with the provisions of, and the procedures established by 

chapter 9 of title 5, United States Code, except to the extent provided 

in this part. 

(b) A reorganization plan submitted in accordance with the provisions of subsection (a) sha:ll provide-

(1) for the establishment of an Office of Youth Assistance 

which shall be the principal agency for purposes of carrying out 

this title and whieh shall be established-

(A) within the Office of .Juvenile .Justire and Delinquency 

Prevention in the Department of .rustice; or 

(B) within the ACTION -Agency; 

(2) that the transfer authonzed by paragraph (1) shall be 

effective 30 days after the last date on which such transfer could 

be disapproved under chapter 9 of title 5, United States Code; 

(3) that property, records, and unexpended ba·lances of appropriations, allocations, and other funds employed, used, held, 

n:vaiIable, or to be made available in connection with the functions 

of the Office of Youth Development within the Department of 

Health, Education, and Welfare in the operation of functions 

pursuant to this title, shall be transferred to the Office of Youth 

Assistance within the Office of Juvenile Justice and Delinquency 

Prevention or within the ACTION Agency, as the case may be, 

and that all grants, applications for grants, contracts, and other 

agreements awarded or entered into by the Office of Youth Development shaH continue in effect until modified, superseded, or 

revoked; 

(4) that all official actions taken by t.he Secretary of Health. 

Education, and Weifare, his designee, or any other person under 

the authority of this title which are in force. on the effective date 

of such plnn, and for which there is continuing authority under 

the provisions' of this title, shall eontinu(>. in full force and effect 

until modified, superseded, or revok(>d by the Associate Administrator for the Office of Juvenile Justice and Delinquency Prevention or by the Director of the ACTION A {!E.'ncy • as the case may 

be, as appropriate; and 

(5) that references to th(> Office of Youth Development within 

the Department of Health, Education, and Welfare in any statute, 

reorganization plan, Executive order, reg'ulation, or other official 

document or proceeding shalJ, on and after such date, be deemed 

to refer to the Office of Youth Assistance within the Office of 

Juvenile Justice and Delinquency Prevention or within the AOTION Agency. as t.h(> case may be, as appropriate. 

PART D-AUTHORIZATION OF ApPROPRIATIONS 

SEC. 34!. (a) To carry out.th£' purpos(>s of part A of this title th~re 

is authorIzed to be approprIated for each of the fisra1 years endmg 

188 

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[June 30, 1975, and 1976, and September 30, 1977, the sum of $10,-

000,000, and for each of the fiscal years ending September 30, 1978, 

1979, and 1980] SeptemlJer 30,1981, September 30,1982, September 30, 

1983, and September 30, 1984, the sum of $25,000,000. 

(b) The Secretary (through the Office of Youth Development 

which shall administer this title) shall consult with the Attorney General (through the Associate Administrator of the Office of Juvenile 

.Justice and Delinquency Prevention) for the purpose of coordinating 

the development and implementation of programs and activities fundfd under this title with those related programR ancI activities funded 

under title II of this Act and under the Omnibus Crime Control and 

Safe Streets Act of 1968, as amended. 

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SUPPLEMENTAL VIEWS 

The goal of the Juvenile Justice and Delinquency Prevention Act, 

has been, among other purposes, to encourage participating states aolld 

the juvenile justice system within those states to remove status and nonoft'en?e~s from secure detention and correctional facilities. We 

slul:re th~s Important goal, but do not believe the mandate should be 

S? mflexlble as to, preclude the courts from making rational dispositIOns., The current Act requires states who wish to continue to participate III JJDP programs to remove all status and nonoH'enders from 

secure detention ~n~ ~o~rectional faciliti~.,s within five years after the acceptanc~ of ,t~ell' mltIal state plan. Th~s mandate excessively limits 

the courts abIlIty to respond to status otfenders who chronically and 

habitually refuse to accept voluntary treatment recommended by the 

court. 

During Full Committee consideration, a provision of the bill was 

removed which provides juvenile courts with the flexibility needed to 

respond to the proble-",!s .of juve~iles who chronically refuse voluntary 

treatment. ThIS provISIon, wInch the, Subcommittee had adopted 

amended section 223(a).(12) (A) to enable juvenile courts to plllc~ statu~ and nonoffenders m secure detention and correctional facilities 

only If they were found "in violation of a valid court order." 

We believe the, amendmeI?-t prudently deals with the real world prob~em o,f chromc and habItual status offenders. The experience of 

any Juvemle court will show that chronic or habitu.al status offenders 

regularly come before these courts and are regularly released to repeat 

t!le very same offense; and the current provision of the Juvenile JustlCe Amen~m~nts ~eave juvenile justices with virtually no option to 

prevent thIS SItuatIon. The current Act implies that juveniles who are ~tatus ~ffenders by ~efinition are better able to make decisions regardmg theIr own, best mterest than the court. We believe it is dangerous ~nd p,oor polIcy to remove such juveniles from the authority of the 

Juvemle court not only because it results 1n less effective treatment for 

such youth but allow~ s?ch youtll t? conti!lually flout the legal system. 

As Judge John R. MIllIgan of OhIO querIed of the Human Resources 

Subcommittee with respect to this absurdity: 

"Does Congre,ss intend ,that every child hav~ the ultimate right, at 

any age, to deCIde for Jumself whether he WIll (1) continue to run 

away f~~m home; (2) go to school; (3) ('onsume alcohol; or (4) violate legItImate court orders~" 

The irony is that in order to restrain chronic status offenders prose- cut~rs haye begu~ to push for more serious charges in order t~ bring 

the JuvemJes wlt~m the courts authority. 

The SubcommIttee on H?man. Resources agr~d with Judge Milligan that the court needed dIscretIon to deal wIth chronic status offenders and adopted this amendment which aJIows the court such discretion 

only if such youth violate a valid court order. 

",Ve believe the provis~on ?ont~ins numer~us safeguards: 

(1) In order to be m VIOlatIOn of a valId court order It 1uvenile 

mnst first hayc been brought. into court and be made ~ubJect to a 

court order. Thus, no first tIme status offenders could be incaI" 

cerated under the provision. The juvenile in question would have 

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received adequate and fair warning of the consequences of violation of the order at the time it was issued. 

(2) The usc of "valid" permits the incarceration of juveniles 

only if they have received their 'full due process rights. These 

rights have been specifically enumerated by the Supreme Court 

in in 1'e Gault as follows: 

(i) the right to have the charges against the juvenile 

in writing, severed upon him a reasona,ble time before the 

hearing; 

(ii) the right to a hearing before a co'urt; 

(iiI) the right to an explanation of the nature and consequences of the proceedings; 

(iv) tJle right to legal counsel, and the right to have such 

counsel appolllted by the court if indigent; 

(v) the right to ('onfront witnesses; 

(VI) the rIght to present witnesses; 

(ViI) the. right to have a transcript or record of tlie proceedings; and . (viii) the right of Rppeal to an appropriate court. 

(3) The purpose of the Juvenile Justice and Delinquency Prevention Act is to discourage the placement of juveniles in secure 

facilities unless there is no rational alternative to incarceration. 

We believe the intent of the Act is to provide sufficient resources 

and incentives to insure that rat.ional alternat.ives are available 

and that there would be few if any instances where juvenile status 

offenders or nonoffenders would be incarcerated. 

But from the start the amendment has been misrepresented. The 

Office of Juvenile Justice and Delinquency Prevention, for eXlLmple, 

described the e·ffect of this amendment as negating "six years of progress in assuring that stat.us offenders and nonoffenders l1re not treated' 

like criminal offenders by the justice system." Ot.hers 'have gone so 

far as to infer that this provision would result in dictatoria.I judges 

throwing young people into prison cells for no just cause. 

Apparently opponents of the amendment do not believe that there 

are Juveniles who habitually ignore or refuse to accept voluntary treatment reco~mended by the courts. Nor do they believe thn;t judges have ~he capalnhty to make well-balanced and thoughtful decISIOns rega.rdlllg SUC~l youth. 'Fhey would rather leave the court wi~h no option to 

deal WIth chrOnIC status offenders rather than prOVIde them with 

discretion in certain ('·uses. . 

W:e .disa~ree. 'Fhis prov:is~on responds fairly to ~.he probleTJ?- o~ ~ncorrIgIble Juvemles remamlllg beyond the authonty of the JudICIal 

system until they commit a more serious offense. Current la.w is an ob~tacle to appropriate treatment of such juveniles. We believe that 

tIllS amendment, must be reoffered on the House Floor and accepted if 

the .;ruvenile Justice and Delinquency Prevention Act is to truly canoy 

out Its mandate. 

.JUVENILE .JUSTIOE AMENDMENTS 

191 

J. M. ASHBROOK. 

To:&{ COLEJ\rAN. 

DAN CRANE. 

JOHN N. ERLENBORN. 

KEN KRAMER. 

THOMAS J. TAUKE. 

JON HmSON. 
INDIVIDUAL MINORITY VIEWS BY RON. KEN KRAMER 

During Full Committee consideration of the Juvenile Justice and 

Delinquency Prevention Act I offered a series of amendments to the 

youth advocacy initiatives section of the bill which would have prohibited the direct or indirect use of federal funds to lobby Congress, 

State or local legislative bodies, regulatory agencies, or to subsidize 

court suits on behalf of youth. ' 

These amendments were offered in the belief that it is impro:per 

to use federal funds to subsidize communication designed to brmg 

about system change advocated by some groups with tax funds collected from all our citizens. 

I believe we must question whether or not we will continue to allow 

federal funds to be used in this manner to support one group's position over and above that of another, especially where the S'roup's 

objective using these federal doUars is to bring about legIslative 

change so that the philosophy of a few can be used as a tool of social 

change to disrupt the established laws and social justice systems established by the majority. 

I do not believe thIS was the will, 01' wish of the 95th Congress when 

it enacted the youth advocacy programs. Yet, inaction on the part of 

the 96th Congress may well lead to such a result if R.R. 6704 is not 

amended to prohibit the use of youth advocacy grant funds for 

lobbying. The 95th Congress authorized youth advocacy initiatives as "projects designed to develop and implement programs stressing advocacy 

activities aimed at improving services for and protecting tne rights of 

youth impacted by the juvenile justice system." Yet, the $12.1 million 

m youth advocacy grout dollars the Office of Juvenile Justice is presently in the process of awarding to 20 out of 184 hopeful youth advocacy applicants will be going to grantees who have complied with 

the youth advocacy guidelines promulg!1ted by the agency. On page 1, 

these 1979 October Guidelines say grant program obJectives shall 

be "specific system reforms at the state and local levels leading to a 

greater availability and better qualit.y of services to youth by juvenile 

justice, education and social service agencies and institutions." On 

page two of the guidelines the ~uidelines state that the targets of these 

program objectives shall be the "statutes, regulations, policies and 

practices of the juvenile justice system, education system and social 

service system, which are insensitive or detrimental to the needs and 

best interests of youth." 

As the Office of Juvenile Justice is accepting national as well as 

state anel. local grant applications, one can only conclude that if national grants are awarded, they must meet these O'uideline criteria , of system reform. This inference seems substantiated by the only section in the guidelines which refers to national youth advocacy. Under 

It section entitled "Recent Examples of Youth Advocacy", the national youth advocacy section states, in pertinent part: 

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"National groups engage in educational offol'ts directed at the formation of federal, legislative and adiministrllltive policy and programs. 

They share their views with individual members of Congress and 

their staff members, Congressional Comn;tittEles, and ~ecutive Branch 

officials and stl1,ff membN's. To build grass roots support, they communicate their views to their constituencies through newsletters, publications, conferences and the mass media. 

Most of these groups Ilre concerned with r(!form of the systems that 

!'lerve young people: education, juvenile justice, employment rund welfare, health wnd shelter. Their research publicatIOns document the 

inadequacies of these systems l?resently and point to options and alternatives for improvement. TheIl' hope is that the general public, legislators, and ndministmtors will be influenced to call for fundamental 

change in youth serving systems." (October 1979 Youth Advocacy 

Guidelines at page 14-15) . Since 18 U.S.C, Sec. 1913 prohibits t.he use of federally appropriated funds to lobby Congress, one can only wonder how compliance 

with this statute OCltn be met where national youth advocacy grantees 

are concerned, As the stated targets of youth advocacy grrunts are the 

"statutes, regulations, policies and praotices of the juvenile justice 

rwstem, educational Hystem, and the social service systemt" if the object.ives of national youth advocacy grants are to bring abOut system 

change at the national level of government, then clearly the objectives 

of such grants conflict with a federally pl'ohibit.ed activity. 

The US(' of foo(>rl11 funds to lobby is prohibited by 18 U.S.C. Sec. 

1913 whether direct, 01' indirect, whether a personal service, advertisement, telegl'ltlll, telephone, letter, printed or written ma.tter, or any 

ot.her device intended 01' desih'11ecl to influence in any manner a Membl'!' of Congress. Moreover, this sbltnte ha., been interpreted to prohibit. the use of federal funds by IUl agency which funds a grant or 

contract. when the grantee or contract(>(> uses the funds for propagaudlt or lobbying activities that. illllply government sponsorship or 

<,ndorsement. In these cases the agency has nn affirmative responsibility to pl'<'\'('nt, the use of such fundfi in this llIanner in the future, 

(8e<', letter opinion of tIl<' Oomptroller General of the U,S. B-128939, 

July 12, H)76.) 

Rinc(' it', is denr from 18 U.S.C. Sec, 1913 that. youth advocacy 

grllnt,<'<'R 1)IIIl,V not, lobby Congress with their grant funds, then the 

queshon becomes wll<'th<'r 01' not. th(\ use of youth advocacy grant 

funds to lobb~' stllte l<'hrislatlll'<'s 01' local legislative bodies 01' regulatory ngen('ies is appropriah-. They, unlike COingress, arenot protected 

by In", or Htntuft- from the US(' of federal funds in this manner. 

I h<,liev<' tIw nnSW(>l' is clear, Sinc£' St.ate and local e.lected officia.Is 

op<'mt<' lInd<,r tht, same ]>rNislll'es as Ml.'mbers of Congress, they should 

not, ht' nny 1lI0rt' Hubj(\(lt. to tIl(' influen('e of ft'd(\l'al fU~lds being used to 

bring f/lbout change through confrontation politics than Members of 

Congl'ess, 

"Te should not allow tax dollars to be used to lobby for change at, 

the state Itlld local levels of go\'el'llment. Such policy has been determint'd by state. and local elected officials who reflect the wills of t·heil' 

constituencies. tTsing federal do]]ars as a tool of change in this 

manJl£'l' is using it as a tool against the, taxpayers who contributed 

those donors. If reform of the juvenile justic.e system come..c;, it should 

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evolve as a .result of the ebb and tug of day to day business within 

our legislatures. Youth advocacy programs should educate, and inform, and suggest, nothing more. Therefore, as a matter of policy, the 

prohibitions of 18 U.S.C. Sec. 1913 prohibiting the use of federal 

funds to lobby Congress should apply to State and local legislative 

bodies, and regulllltory agencies as well. The mtionale which precludes 

the use of funds to lobby Congress should apply with equal force to 

these bodies. 

. Finally, the focus. of you:tl~ advocacy programs should be on thC' 

Improvement. of servIces. Radical system change brought about in the 

courts through the use of federal tax dollars can be just a..'> damaging 

as the use of such funds for lobbying. If litigation is required, then 

the proper proponent of this Jit.igation is the Department, of .Justice, 

not nongovernmental grantee vigilantees. This is an improper use of 

federal grant dollars, and should be specificaUy disallowed in the 

statute. 

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HOUSE RESOLUTION 732 PROVIDING FOR CONSIDERATION 

OF H.R. 6704, A BILL rro AMEND 'I'HE JUVENILE JUSTICE AND 

DELINQUENCY PREVENTION ACT OF 1974, 

NOVEMBER 14, 1980 

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H 10648 CONGRESSIONAL RECORD-HOUSE November 14, 1980 

PROVIDING FOR CONSIDERATION 

OP H.R. 6704, JUVENILE' JUSTICE 

AMENDMENTS OP 1980 

Mr. MURPHY of minois. Mr. Speaker, by direction of the Committee on RUles, 

I call UP House Resolution 732 ,md ask 

for its immediate conSideration. 

The Clerk read the resolutionj as follows: 

H. Bu. 132 

Be3011led. That upon the adoptic!n of thll 

relOlutlon It Ihall be in order to move that 

the Houae relOlve ltaelf Into the Oommlttee 

of the Whole HOUle on the State of the 

Union for the consideration of the bUl (B.B. 

111M) to amend the J\\venlle JUltlce and 

Delinquency Prevention Act of 1914 to extend 

thl authorization of approprlatlona for IUell 

Act. and for other purpol8l, and thl arat 

readlnr of the bill Ihall be dllpenaed with. 

After reneral debate. whlGh Iball be confined 

'to the bill and Ihall continue ,not to 8:lceed one bou~. to be equall,. divided and con- trolled by the chairman and ranking minorIty member of the Committee on Education 

and Labor. the bill lbaU be reid for amendment under the ftve·mlnute rule. It &ball be 

In order to conalder tbe amendment In tbl 

nature of a lubltltuUt recommended b,. thl 

Committee on Education and Labor now printed in tbe bill u an original bill for thl 

purpoee of amendment under tbl ftve·mlnute rull and each Action of AId lubltltute 

Ihall be collllidered u bavin, been read. and 

all pointe of order aplnat Rid lubltltute 

tor failure to compl,. wltb thl proviliona ot 

clauae a, rule XXI are bereb,. waived. At the 

conclUlion ot the conalderatlon ot tbe bID 

tor amendlnent. thl Committee &ball rill 

and report the bill to tbe Bouae Wltb luch 

amendment. .. ma,. bave been adopted. and an,. Member ma,. demand a Aparate 

vote in the BoUlt on an,. amendment 

adopted In tbl Committee ot the Wholl to 

the bill or to the committee amendment In ~hl nature of a 3ubltltute. The previoUl 

qu .. tlon Ihall be conalderecs u ordered on thl bUl and amendments thereto to ftnal pu. 

Preceding page blank 

lage without Intervening motion except one motton to recommit with or witHout Instruc·-

tlonl. Alter thti passage of B.B. 6704. the 

HOUle mall proceed, section "OI(a) , of the 

Congressional Budget Act of 197" (Public 

Law 93-3«) to the contrary notwlthato.ndlng, to the conslderatlon of the bill (S. 24"1), 

and It shall then be in order In the House 

to move to strike out all after the enacting claUle of tbe Rid Senate bill and to Insert 

In lieu thereof the provlslona contained in 

II.B. 67001 as passed by the House. 

'The SPEAKER pro tempore. The gen- tleman from I1I1nois (Mr. MURPHY) is 

recognized for 1 hour. 

Mr. MURPHY of Illinois. Mr. Speaker, for purposes of debate only, I yield the 

customary 30 minutes to the gentleman from Missouri (Mr. TAYLOR), pending which I yield myself such time as I may consume. Mr. Speaker, House Resolution 732 

provides for the' consideration of the b1ll 

H.R. 6704, the Juvenile Justice Amendments of 1980, to provide a 4-year ex- tension for the programs under the JUvenile Justice and Delinquency Prevention Act of 1974 and to broaden the 

SCOpG of such programs; This is an open rule, Mr. Speaker, pro- viding for 1 hour of general debate to be 

equally divided and, controlled by the 

chairman and ranking minority mem- ber of the Committee on Education and 

Labor. The rule provides that it shall be 

in order to consider the amendment in 

the nature of a substitute recommended 

by the Committee on Education and 

Labor now printed in the bill as an origi- nal bill for the' purposes of amendment 

under the 5-minute rule. The resolution 

provides for one motion to recommit. 

In addition, the rule waives pOints of 

order against the committee substitute 

for fallure to comply with the provisions of clause 6, rUle XXI, which prohibits an appropriation in a legislative bill. Althourh there are no actual appropria- tions in the legislation, certain provisions of the bill could technically be construed as new appropriations; thus, the waiver was necessary. 

Mr. Speaker, the rule fudher provides that upOn adoption of H.R. 6704, the 

House shall proceed to the consideration 

of S. 2441, the Senate passed version of 

the legislaMon and insert the Housepassed lanauage. The rule waives section 

401<a) of the Budget Act against coqs1deration of the Senate bill. Section 401 

(a) of the Budget Act provides that it 

shall not be in order to consider any b11l 

Which provides new contract ot new borrowing authority unless that bUl also 

provides that such new spending authority is to be effective for any tlscal year only to such extent or in such amounts as are provided in advance in appropria- tion acts. Section 304(b) of the Senate 

bill coUld be construed B8 providing new contraCt authority, and since it fails to 

limit the avaUab1l1ty of such authority, the bill would be subject to a point of 

order under section 401(a) of the Budget Act. H.R. 6704 completely cures the 

Budget Act violation in the Senate b11l 

and the Budget Committee has indicated 

that it has no objection to this technical 

waiver. 

H.R. 6704 furthers congressional efforts 

to formUlate a comprehensive approach 

197 

to juvenile justice. I urge my colleagues 

to adopt House Resolution 732, so that 

the House may proceed to the consideration of this important legislation. 

Mr. TAYLOR. Mr. Speaker, I yield my- self such time as I may consume. (Mr. TAYLOR !lsked and was given permission to revise and extend his re- marks.) 

Mr. TAYLOR. Mr. Speaker, House Resolution 732 is the rulemaking in order 

the consideration of H.R. 6704, the Juvenile Justice Amendments of 1980 that 

extend the authorization of appropria- tions for the Juvenile Justice and Delinquency Prevention Act of 1974. 

This is an open rule, as the gentleman from Illinois (Mr. MURPHY) has described, providing for 1 hour of general debate. The amendment recommended 

by the Committee on Education and 

Labor in the nature of a substitute is 

made in orc!er by the rule as an original bill for the purposes of amendment under 

the 5-minute rule. 

A waiver is provided against a point of 

order that the b11l does not comply with 

clause 5 of rule XXI, which probibits ap- propriations in a legislative bill. This 

waiver is necessary because the bill pre- scribes new purposes for which funds already appropriated are to be used. 

In addition, one)tnotlon to recommit 

with or without instructions is provided for. " . After passage of H.R. 6704, the rule 

makes in order the consideration of S. 

2441 and waives section 401(a) of the 

Budget Act against consideration of tho 

Senate bill. This waiver is made neces- sary because the Senate bill provides 

contract authority which has not been 

provided for in acivance by an appro- priation act. 

It shall then be in order, under the 

rule, to move to strike out the provisions of the Senate bill and insert in lieu there" 

of the provisions contained in H.R. 6704 as passed by the House. 

Mr. Speaker, H.R. 6704 'provldes a 4-

year reauthorization of the Juvenile Justice and Delinqu~ncy Prevention Act Of 

1974, under which the Federal Government has carried out a formUla grant-in- aid program to assist States and local 

governments to improve efforts in pre- venting and controlling juvenile delinquency. 

The b11l author,izes $200 million for 

each of the fiscal years 1981 through 1984 

for juvenile justice programs, and $25 

mUlion each year for the same period for youth programs. 

As reported by the Committee on Education and Labor, the bill expanded the 

originahct to include assisting State and 

local governments in removing juveniles from jails and lockups for adults; and 

requires that beginning 5 years after the 

date of enactment State plans provide that no juveniles be detained or confined 

in any jail or lockup for adults. 

I am informed that the managers of 

the bill have agreed to accept an amendment that will be offered by the gentle- man from Missouri (Mr. COLEMAN) to 

modify the reported bill. 

The Coleman amendment would ex- tend the requirement for removal of 

juveniles from adult jails from 5 to '1 

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November 14, 1980 CONGRESSIONAL-UCORD-HOUSE 

years; require that re8ulations to carry 

out the new provlsion take lnto account 

the special problems of rural areas to 

permit the temporary detention of 

juveniles accused of serious crimes 

against persons: and requirln8 a study 

by the executive branch within 18 

months on the costs that wlu face the 

states a~d local 80vernments when 

juveniles will be required to be removed 

from adult jails, as wen as the possible adverse eft'ect of the new requirement an 

state and local governments. Mr. Speaker, I have nQ requests tor 

time and I yield back the balance ot my time. 

Mr. MURPHYo! Dllnois. Mr. Speaker. I have no requests for time and I yield back the balance of my time. 

Mr. Speaker, I move the previous ques- tion on the resolution. 

The previous question was ord~red. 

The resolution was agreed to. 

A motion to reconsider was laid upon the table. 

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HOUSE DEBATE AND PASSAGE OF H.R. 6704, 

A BILL rro AMEND THE JUVENILE JUSTICE AND 

DELINQUENCY PREVENTION ACT OF 1974, 

NOVEMBER 19, 1980 

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Q:ongr(SSiona( R((ord 

PROCEEDINGS AND DEBATES OF THE 96th CONGRESS, SECOND SESSION 

Vol. 126 WASHINGTON, WEDNESDAY, NOVEMBER 19, 1980 No. 162 

House of Represel1tatives 

Juvenile Justice and Delinquency Prevention Authorization: House passed H.R. 670(l, to amend the 

Juvenile Justice and Delinquency Prevention Act of 

1974 to extend the authorization of appropriations for 

such Act. 

By a yea~and.nay vote of 326 yeas to 6 nays with 1 vot-

!ng "present", Roll No. 642, the House resolved itself 

Into the Committee of the Whole. 

Agreed To: 

TIle committee amendment in the nature of a substitute; 

Technical and clarifying amendments; 

An amendment that prohibit.s use of funds for lobbying purposes at federal, state and local levels ; 

All amendment that directs the. Administrator to re- por~ to Congress costs incurred by States to remove juvenIles from confinement in ndult facilities; and permits 

p.lacemcnt of juveniles accused of serious crimes in adult 

facilities, subject to s~ght a.nd sOllnd separatioIl, where 

no acceptable alternattve eXIsts; 

A~ amendment that allocates specific funds for preVcntlOn an~ tre.atmen~ programs relating to juveniles who commIt serIOUS cnmes; 

An amendment that designates 5 per cent of funds for 

w.an~~ an~ contracts to the yit'~in Islands, Gu:un, 

Amellcan 'inmoa) the Trust T erntory of the PacIfic !sland~, and the Common·.\·.··: 'tl, :.r. .1 .• Northern MarIana Islands; 

Preceding page blank 201 

An amendment tlutt clarifies existing law rdntillg to 

funding policies of the Juvenile Justice and Delinquency Prevention Act; and . 

An amendment that permits juvenile courts to place 

status offenders and nonoffcnders in secure detention 

and correctional facilities when a juvenile is found to be 

in violation of a valid court order (agreed to by a recorded vote of 239 ayes to 123 noes, Roll No. 643). 

. S~bsequently, this p~ssage was vac~ted and S. 244

1, a 

sumlar Senate-passed btll, was passed In lieu after being 

amended to contain the language of the House bill as 

passed. Agreed to amend the title of the Senate bill. 

House then insisted on its amendments to S. 244

1, and 

asked a conference. Appointed as conferees: Representatives Perkins, Andrews of North Carolina, Corrada 

Kildee, Stack, Williams of Montana, Ashbrook, Cole~ man, and Goodling, 

. The Clerk was authorized to correct punctuation, se

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hons numbers, cross references, and to make technical 

and conforming changes in the engrossment Qf the 

House amendments to S. 2441. Pag.1 Hl0919-Hl0943 
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• House of RepresentatIves 

WEDNESDAY; NOVEMBER 19, 1980 

JUVENILE JUSTICE AMENDMENTS • OF 1960 

Mr.l\NDREWS of North carolina. Mr. 

Speaker I mO\'e that the House resolve 

It..gelf illto the Committee of the Whole 

House on the State of the Union for the 

consideration of the b!1l <R.R. 6704~ to 

amend the Juvenile Justice and Delinquency Prevention Act of 1974 to extend 

the authorization of appropriations for 

such act, and for other purposes. The SPEAKER. The question is on the 

motion offered by the gentleman from 

North Carolina. 

The question was taken; and the 

Speaker announced that the ayes appeared to have it. 

Mr. FOLEY. Mr. Speaker, I object to 

the vote on the ground that a quorum is 

not preselit and make the point of order 

that a quorum is not present. The SPEAKER. Evidently a quorum 

is not present. The Sergeant at Arms will notify absent Members. • The vote was taken by electronic device and there were:"'yeas 326, nays 6, 

answered "present" 1, not voting 99. as 

follows: 

IRoll No. 642j 

'YEAB-326 

Abdnor D'Amoura Green 

Addabbo Daniel. R. W. Grlsh.llm 

Akaka Danielson Guarini 

AlbOsta Dannemeyer Gudger Alexander Dl\Schie GU~'er 

Anderson. Davl •• Mich. Hagedorn Calif. de 10. Garza Hall. Tex. 

AndreWS, N.O. Delluml Hamilton Alldrew~, Derrick HammerN.Dak. Derwlnskl schmidt 

AWl'llnzlo Devine Hance 

Dicks Hanley ~~;:~~ Dlngell Hansen 

Ashbrook Dixon Harkin 

Dorn{an Hawklna 

Aspllll Downey Hefner 

~~~:n Drlnan Hightower 

BRdhRm Duncan, Oreg. Hillis 

BafBlI.G Duncan, Tenn. HINIOn 

EMly Holland BIIU.ey Edgar Hollenbeck 

Barnard Edwards, Ala. Holt ~~~. Edwards, Calif. Hopkins Bellenson Edwards, Okla. Horton 

I Emery Howard Benjam n Engllab Hubbard 

Bennett Erdahl Huclaaby 

Bereuter Erlenbom Hughe. 

~rn7f~am Ertel Hutchinson 

Blanch.llrd Evans, Del. Hutto 

d Eval1lll, Ga. Hyde Bolan Evan., Ind. Ireland 

Boner FAllcell Jacobs 

Bonlor Fazio Jeffordl Bonker II I BoUquard FelllWlck Je res Bowen Ferraro Jenkins Callt Brademaa Findley Johnson,. 

Breaux .,.- Fish Jonel, N.C. 

Br.lnkley' Fisher Jones, Qltla• Brodheatl Fithian Jones. 'l"enn. 

Broomfield Flippo Kastenmeler 

Broyhill Foley . ~~'::! 

BuchalllRn F'o~~I~ Kogovsek Burt.on, Phillip ~wler Kostmayer 

~~;'bell Frenzel Kramer lno 

Carney Frost Lagttomars Fuqua La a Carr GaydOli Leach, Iowa , 

~:'::'ugb Qeph.llrdt Leach, La. 

Clausen OIalmo Leath, Tell. 

Cleveland. g::~~s . t:~ml\n ~~r~ Gingrich Leland 

Coleman Glickman Lent 

Colllns, Tex. Goldwater L:~~aa 

Conable g=~= tlVlngston Conte G Loeftl.er 

g~~e:n G~ISOn tong, ~ci Coughlin Gramm ~~" COurter Grauley Lowry Crockett Gray 

d' th House Proceedinp, e., .. 0 1407 i. 2:07 p.m. o This symbol represenu che time of day i urnilDI e h'm are noC spoken by che Membu on the loor. 

• Thia "bullcc" ,ymbol identifies ,catement' or nse ons W I 

H 10918 

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HI0920 CONGRESSIONAL RECORD- HOUSE November 19, 1980 

Lujan 

'Luken 

Lundlne 

KcClo!'Y 

McDade 

McEwl!n 

McHugh 

McKay 

McKinney 

Madigan 

Maguire 

Markey 

Marks 

. Marlol1ee 

Marriott 

Martin. 

Mathia. 

Matsui 

Mattox 

MaZl'!ol1 

Mica 

Michel 

MlklUskl 

M\ller. Callt. 

Miller, Ohio 

Mlneta 

Mlnl~h 

Moakley 

Mollohan 

Mmltgomery 

Moore 

Uoorhcad, 

call!. 

Moorhead, Pa. 

!'.Iottl 

Murphy, DI. 

Murphy, Pa. 

Must,Q 

Myers, Ind. 

llatcher 

Nelson 

Nlcbols 

oaka.r 

Oberstar 

Obey 

Pal1etta 

Pashayan 

Paul .. Staggers 'J', 

pease ' Stangeland 

Pepper stanton Perkins Steed 

Petri Stenholm 

Peyser Stewart 

Pickle stockman 

porter Stokes 

Preyer stratton Price Studcls 

Quaylil stump Quillen Swift 

Rahall syroms Railsback Synar Ratchford Tauke 

Regula. Tauzin 

Reuss ' Thomas 

Rhodes Traxler 

Rinaldo Trible 

R!tter Udall 

RCJblnson Vall Deerlln 

Rose Vander JRgt Rostenkowskl Vanlk 

Roth vento Rouseelot Volkmer 

Roybal Walgren Royer Walker 

Rudd Watkins 

Russo Weaver 

811 wyoer WelN 

Scheuer White 

S"hreeder Whltle:,' Schul~e Whittaker 

Sebflilus Whitten 

Seiberling Wilson, TelC. 

Senscnbrellner WI-run. 

Shannon Wirth 

Sharp Wolpe Shuster Wright Simon Wyatt smith. Iowa Wylie Smith, Nebr. Yatee 

Snowe Yntron. 

Snyder Young, Fla. 

Solarz Young, Mo. 

Sperme Zablocki 

Stack Zeterettl 

NA'Ys-6 

Bauman Dickinson Lungren Crane, Philip Lloyd Mitchell. Md. 

ANSWERED "PRESENT"-l 

OttInger 

NOT VOTING-99 

Ambro 

Auder~on. Ill. 

Applegate 

Ashley 

Baldus 

Beard, R.t. 

Beard, Tenn. 

Betbune 

Bev1ll 

Boggs 

Bolling 

Brook. 

BrowIII,OaUt. 

Brown, Ohio 

Burgener 

Burll80n 

Burton, Jobn 

Byron 

Cbappell 

Ch~y 

Chisholm 

Clay 

ColllM, m. corman 

Dawel, Dan cotter 

Orane, Daniel 

Davls,S.O. 

Deckard 

Dodd 

Donnelly 

Dougherty 

Bckhardt 

Fary 

Florio 

Ford. Mich. 

Ford, Tenn. 

GRrcl/J. 

Ginn 

Hall,Ohlo 

Harris 

Harsha 

Heckler 

Hettel 

Holtzman 

Ichord 

Jen<rette 

Johnson. Colo. 

Kelly 

Kemp 

Kindness 

LaFalce 

Lederer 

'McCloskey 

Mc(lormack 

McDonald 

Mnvroules 

IIl1tchetl, N.Y. 

Moffett 

Murpby. N.Y. 

Murtha 

Neal 

Nedzl 

Nolan 

Nowak 

O'Brien 

o 1020 

Patten 

Patterson 

Pritchard 

Pursell 

Rangel 

Richmond 

Roberts 

Rodino 

Roe 

Rosenthal 

Saba 

Snntlnl 

Satterfield 

Shelby 

Shumway 

Skelton 

Solomon 

Spellman 

StGermain 

Stark 

Taylor 

Thompson 

L'Uman 

Wampler 

Waxllil!n 

Whitehurst 

Williams, Mont. 

Williams. Ohio 

Wilson, Bob 

Wilson, C. H. 

Wollf 

Wydler 

Young, Alnska 

Mr. WALKER changed his vote from 

"nay" to .. yea."· 

So the motion was agreed to. 

The resuU of the vote was announced as above recorded. IN THI: COMMITTEE or THE Wll',;:>LE 

Accordinilly the House resolved itself 

into the Commtttee \)! the Whole House .on the state of the Union for the'con-

,sideration .of· the bill, H.R. 6704, with 

Mr. GORE in the chair. 

o 1030 

The Clerk read the title of the bill. 

'The CHAlltMAN'. Pursuant to the rule. 

'the first reading of the bill is dispensed with. . Under the rule, the gentleman from 

North Carolina (Mr. ANDREWS) will be 

recognized for 30 minutes, and the 

gentleman from Missouri (Mr. COLEMAN) will be recognized for 30 minutes. 

The Chair recognizes the gen tleman 

from North Carolina (Mr. ANDREWS). 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, I yield myself such time as I may consume. Mr. Chairman, today the Committee on Education and Labor presents H.R. 

6704, the Juvenile Just1ce Amel1dments 

of 1980. Its purpose is to amend the 

Juvenile Justice and Delinquency Prevention Act of 1974 to extend the au- thorization of appropriations for the act 

and for other pm·poses. 

H.R. 6704' represents a' strong bipar- tisan effort. In that regard, I would like 

to thank my distinguished colleague from Missouri <Mr. COLEMAN). the ranking minority member of the Subcommittee Oll Human Resources, who hac; 

joined me as a sponsor of the bill. The 

other members of the subcommittee also 

deserve special thanks for their efforts 

during the hearings and markup sessions on the bill. At this point, I would be 

remiss if I did not as well express my appreciation to the distinguished chair- man of our committee, the Honorable 

CARL PERKINS, as well as to my other 

colleagues who joined me in sponsoring 

H.R. 6704: Mr. HINSON, Mr. KILDEE. Mr. 

HAWKINS, Mr. RAILSBACK, Mr. CORRADA, 

Mr. STACK, Mr. KOGOVSEK, and Mrs. 

CHISHOLM:. 

As you can tell, cooperation on both 

sides of the aisle has been conSiderable. 

H.R. 6704 was reported out of subcommittee unanimously and on April 22, 

1978, the full committee favorably re- ,ported the bill, as amended, by a rollcall 

vote of 32 to O. , As reported out of committee, the 

Juvenile Justice Amendments of 1980 ex- tend the Juvenile Justice and DelinqUency Prevention Act of 1974 for 4 additional years at currently authoriZed 

levels of funding. Title III of the act, 

known as the Runaway and Homeless 

youth Act, is also extended for 4 additional years at its presently authorized 

funding levf:l. . While the bill makes only modest 

changes in an act the committee believes is working well, it does provide that an additional purpose of the act Is 

to ,assist states and localities in remov- ing juveniles from jails and lockups intended for adults. It further establmhes, as a policy of the Congress, that methods 

of preventing and .reducing delinquency should include those wlt.h a special focus on maintaining and strengthening thp. fa,rolly.In numerous places throughQut the bill, it is also provided that additional attention should be paid to the 

problem of juveniles who commit serious 

crimes. . Under HR. '6704, Fedeta' administration of the Juvenile Justice Act has been 

203 

streamlined .. The size ot the National 

Advisory Committee has been reduced. 

For the 'first time, limits have been 

placed. on authorized , appropriations for 

the National Advisory Committee and the 

Federal Coordinating Council on Juvenile 

JusUce. The use of consultants has been 

limited and the Office of Juvenile Justi"e and Delinquency Pl'evention has 

been separated from the Law Enforcement Assistance Administration, to re- main within the Justice Department . The committee bill continues to rec- ognize juvenile crime as primarily a State 

and local problem. With that in mind, 

nearly two-thirds of all appropriations are directed to state an'd local goyel'llment programs through formula grants 

to voluntarily participating States. H.R. 

6704 adds new eligible program areas for 

working with juvenile gangs and training law enforcement and juvenile justice personnel to recognize and more effectively treat learning disabled and 'other 

handicapped youngsters who come in 

contact with the juvenlle justice system. 

At the urging of the Attorney General 

and a large number of national groups, including the American Bar Association, 

the National Council of Juvenile Court 

Judges, the National Sheriffs Association, 

the National Association of PTA's, the 

National Council of Jewish WC!nen, and 

the National Association of Counties, to 

mention only a few, H.R. 6704 requires that States who participate in the formula grant program agree, within 5 

years, to remove juveniles from jails and 

lockups intended for adults. Two additional years would be aVailable for states 

who substantially comply within the first 

5 years. . With regard to "special emphasiS" or discretionary programs, H.R. 6704 makes 

.only slight modifications. For the .first 

time, the administrator will be required 

to make such assistance available on an equitable basis to deal with the problems of disadvantaged and minority youth. 

H.R. 6704 broadens the scope of the 

runaway youth program to provide that 

it serve other homeless youth as well as runaways. Two additional program au- thorities are provided: One to address the 

needs of chronic runaways and the sec- ond to provide training to improve treatment of learning disabled and other 

handicapped youth. 

Mr. Chairman, the committee is 

pleased to present this act today for con- sideration by the House. We believe that 

it provides a program that deserves the 

continued support of the Congress. Mr. COLEMAN. Mr. Chairman, I yield myself such time as I may consume. (Mr. COLEMAN asked and was given permission to revise and extend his 

remarks.) 

Mr. COLEMAN. Mr. Chairman, the 

bill before the House today enjoys strong bipartisan support. H.R. 6704 was re- ported by the Committee on Education 

and Labor by a vote of 32 to O. This vote 

confirms the fact that the bill is a realistic, sound approach toward reauthorizing a Federal program which, has 

proven its worth since its original 

enactment. 

H.R. 6704 represents a refinement of 

existing law rather than a comprehen- sive revision of .It. In reauthorizing the 

~d------~------~ ------~--

(' 
!'tv·, .... ; •. 

NOl'ember 19, 1980 CONGRESSIONAL RECORD- HOUSE HI0921 

Juvenile Justice and Delinquency Prevention Act, the Committee on Education and Labor sought to strengthen and 

clarify existing law without significantly expanding either the size or purposes of 

the program. Several basic legislative goals guided the committee, which wlll 

strengthen the Ju,venile Justice Act over 

the next 4 years: 

and juvenlle justice personnel to more 

effectively recognize and provide for 

learning disabled and other handl.-

capped youths. Fifth. The bill also keeps the lid on 

the potential expansion of the Federal 

jU\:enile justice effort. I am pleased to say that H.R. 6704 contains a level authorization level for both the juvenile justice and runaway and homeless youth programs authorized under the bill for all 4 

years of the authorization period. This 

feature commits Congress to keeping the State and local level where it properly belongs. 

First. The accountability of the Federal administering agency, the Office of 

Juvenile Justice and Delinquency Prevention, is increased as a result of a restructuring of the position of that office 

within the Department of Justice. Under 

existing law, OJJDP is included as a part of the Law Enforcement Assistance Administration. This structure has resulted 

in confused lines of authority a~d. in a 

lack of accountability to Congref's. Under the new structure legislated in 

the bill, the Office of Juvenile Justice 

and Dclinquency Prevention is establlshed as a separate. self~sufficient office 

within the Office of Justice Assistance, 

Research and Statistics. The Administrutor of OJJDP will be directly responsible for the implementation of the Fedel'al juvenile justice program authorized 

unde'r title II of thi~ bill. This change 

will result in a significant enhancement 

of the ability of Congress to oversee the 

opcrations of the omce. 

Second. The bilI reduces the paper- work r€'quirements placed on States par- ticipating in the juvenile justice formula grant program. Under existing law 

participating States are required to submit a juvenile justice plan on an annual 

basis. H.R. 6704 modifies this requirement by limiting such a submission to 

but once every 3 years. 

Third. The bill provides more tIexibll~ 

ity to the States to car~' out their re:-

:::ponsibllities. Most importantly, the definition of "substantial compliance" with 

the act·s prohibition on the incarcera~ 

tion of status and nonoffenders is 

changed to more realistically reflect the llnrpo~cs of the act. Under e:dsting law, 

a level of 75 percent deinstitutiollalizution is required wlthout differentiating betwcC'll detention facilities, where a ju- venile may be held for only a few hours. 

and correctionul ftlcililies, where longer period~ of incarceration must be served. 

H.R. 6704 recognizes that the deinstltutionullzation provisions of the Juvenile 

Justice A(:t ha.ve tho greatest impact on 

secure cOl'1'ectional facilities. 

For this reaSOll. H.R. 6704 permits States which have achieved 100 percent deinstltutionalization ,of their COl'rectional facilities to be considered to be ill 

"substantial compliance" with the ap- plicable ])ro\'i5io11s of the act. This sensiblo .change will pel'mit many states 

whlc11 are making good-faith efforts to 

compiy with the nct:.::; requirements to 

continuc receiving jU\'enUe justice funds. 

I should point out that the dein .. qtitu- tionalizatioll provisions that all States 

Illllst comply with in their 5th year of 

participation under the act is unchanged 

by this legislation. 

H.R. 6704 will insure that the Juvenile 

Justice and Deldnquency prevention Act 

will continue to be cost effective and in 

the best Interests of state and local governments. The responsibility for the 

problem of juvenile delinquency must ultimately be met at the State and local 

level. The Federal juvenlle justice program embodies the commitment of our 

sooiety to prevent juvenile delinquency. The involvement of juveniles in serious 

offenses has been 011 the increase 

throughout the last decade. If thLc; trend 

is to be reversed, state and local governments will have to have a better understanding of the causes of delinquency mld how to deal with them. 

It is,4n providing guidance dn addressing this need that the Juvenile Justice 

Act has been successful. Research into 

juvenile delill!lUency has demonstrated 

that work and recreational opportunities provided by community based organiza- tions can go a iOl'lg way toward prevent- ing delinquency, The Juvenile Justice Act 

therelore authorizes the use of funds for 

sllch projects. Research shows that bettel' trained probation, law enforcement, 

and .juvenile justice personnel are better 

equipped in identifying the needs and 

problems of juveniles. The Juvenile Justice Act therefore authori:ws the funding of such traln!ng. Research also shows that youths "pushed- out" or "dropping out' of schools tend 

to become .involved in delinquency. The 

Juvenile Justice Act therefore authorizes 

the usc of funds lor programs to keep these youths in school 01' in some alterllUt!ve learning situation. 

All of these prevention activities in the 

aet are supplemented by provJsions to 

improve the trea.tment of juveniles who 

come into contact with the law. Research 

has dcmonst,rated that exposing juve- niles to the environment of adult jails hag adverse effects on them-both in 

tertUs of their becoming involved'in further delinquent and criminal acts and in 

terms of preserving their physical and 

mental wel1-being. The Juvenile Justice 

t\ct addresses the problems of the juve- uile placed in a secure detention or correctional facllity by requiring "sight and 

sound" separation of juveniles from 

adult.s housed in the same secure facility. In H.R. 6704, a new mandate is added 

which requires the complete removal of 

all,iuvelliles from adult jails and lockups within a maximum of 7 years aftel' the 

date of enactment. 

asked by the administration to add this 

new requirement without adequate information. . Both the cost to the States and the 

effect on state juvenile justice practices 

are unknown. Later today I will offer an 

amendment to correct this lack of information while at· the same time pre- serving the important step forward 

brought about the complete removal requirement. 

My amendment modifies this requirement by directing the Administrator to 

promulgate regulations "which recognize the special needs of areas characterized 

by low-population density with rel;pect to 

the detention of juveniles." The amendment perm,ts the temporary detention of 

juveniles accused of serious crimes 

against persons in adult facilities. subject. of course to the existing sight and 

sound separation requirement, only if 

there is no existing acceptable alternative placement available. The amendment also requires a report and recommendations be made to Congress within 

18 months after enactment on the cost 

and effects of the complete removal reqUirement. This amendment addresses 

the concern of States across the Nation 

that the complete removal requirement will force them to begin the constl'Uction 

of new jails at a tremendous cost. 

A second concern with H.R .. 6704 arises 

from a provision struck from the bill 

during committee markup. During subcommittee markup I successfully offered 

an amendment to H.R. 6704 which altered the existing requirement of the act 

that participating States agree not to 

incarcerate status and nonoffenders after a maximum of 5 years after begin- ning participation in the formula grant 

program. As a general reqUirement, this 

provision has received widespread support from the juvenile justice community, Including juvenile courts judges, 

The problem with the provision Is that 

it allows for no exceptions. Simply put, the Juvenile Justice Act presently ties 

the hands of juvenile court judges in 

States participating under the act. In 

these States, juvenile court judges can 

do nothing to a juvenile who simply ignores the order given to him or her os a 

reRult of a status offense which brought them before the court. The net effect of 

this provision is that the respect that 

juveniles have for juvenile and family 

courts is diminished. 

The amendment which was removed 

from the bill during full committee 

markup will be offered again today by the 

gentleman from Ohio (Mr. ASHBROOK). 

The purpose of this amendment Is to 

strengthen the "bottom-line" authority of juvenile courts so they will be per- ceived as serious institutions by juveniles nppearing before them. The amendment 

operates by allowing judges to incarcerate .juveniles who are "in violation of 

1\ valid court order." The intention of the 

amendment is to focus on those juveniles Who, for one reason or another, fall into 

Fourth. Programs inlplementing projects relating to juvenile delinquency and 

learning disabilities aro made eligible to 

receive flmds by H.R. 6704. Under these 

programs it is po..~sible to provide on-thejob training to assist law enforcement 

In theory, this new requirement is an 

important step forward in compassion- ately and effectively addreSSing the spe- cial needs of incarcerated juveniles. Unfortunately, however, Congress is being 

the category of being ullnmenable to any other court disposition. Becnuse the 

amendment limits the exception to those 

.Juveniles who have 'Violated~a valid court 

order, only those juveniles who are ap- pearing before a court for at least the 

204 

, . 

I" 

il 

~ 

t 

~ if.· 

~ 

f jI 

~. 

'i~' i 

H 10922 CONGRESSIONAL RECORD- HOUSE November 19, 1980 

second time would be subject to this exceptipn. 

I think nearly every Member of this 

House would agree with me, that juvenile justice is properly a State function. In 

requiring the States to adopt certain 

practices relating to their juvenile courts, 

Congress sought to improve the treatment of juveniles in the States. Congress did not seek to remove the authority af 

State courts to deal with the problem of 

juvenile delinquency. For ,this reason, the 

adoption of the amendment allowing for 

the incarceration of juveniles in violation 

of a valid court order will return the full 

authority vested in State courts under· 

their State constitutions to the State 

courts. 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, I yield 2 minutes to the gentleman from Puerto Rico (Mr. CORRADA). 

(Mr. CORRADA asked and was given permission to revise and extend his 

remarks.> 

Mr. CORRADA. Mr. Chairman, I rise 

in support of the Juvenile Justice 

Ainendments of 1980, H.R. 6704. This is 

a strong piece of legislation which 

through bipartisan support succeeds in 

extending and improving the provisions of the Juvenile Justice and Delinquency 

Prevention Act o:f 1974. 

The rate of sel'lous and violent crime 

by juveniles has risen markedly in the 

last decade although it appears to have 

peaked and begun a slight downward 

trend In the past several years. Thou ... sands of youth who could be handled 

more effectively by other service delivery 

systems are unnecessarily processed through the juvenile justice system each 

year. Many times the result of this is 

merely labeling the juvenile as a delinquent or status offender rather than pro- viding help for his or her problem. Through the Juvenile Justice and Delinquency Prevention Act, funds, technical assistance, and research information 

is providcd to aSSist in the development of alternatives to the traditional juvenile justice system. State and local governments, private nonprofit agencies and 

volunteer groups are encouraged to seek 

more effective means of addressing the 

needs of these juvenile offenders. Alter~ 

natives 1.0 incarceration are being developed to serve high risk offendcrs-the 

majority of which are urban, poor, and 

of minority background. The need to attnck crime at its roots is obvious, and 

this legislation would continue a progrum which has been most successful in early rehabilitntlon of youthful offenders. 

Recognizing the detrimental effect of 

allowing clo,e contact with convicted 

criminals, this nct requires participating 

States to remove juveniles from adult 

jails. Also prohibited is placement of 

status offenders and nOli offenders such 

as dependent or neglected children in 

secure detention or correctional facilities. These changes have not been accomplished as easily or as quickly as we 

would hope, b'.:t there has been visible 

progress toward compliance with these 

prOVisions, which will be reinforced 

through extension of current law. 

Whereas sound and sight sepal'ation of 

adults from juveniles Is currently mandated, total removal of the juvenile from 

adult jails is not required. Jails and 

lockups have been constructed for 

adults; they were not intended for children, and staff is not trained to deal with 

children. Moreover, the separation of ju- veniles and adult offenders in most of 

the Nation's jails and lockups is very costly to achieve and may be architecturally impossible. JUVeniles are often 

placed in the most undesirable parts of 

the facilities, such as Bolltary cells and 

drunk tanks. There is no guarantee that 

children held in jails, though separated from adults, will receive even the minimal services required to meet their spe- cial needs. If we are truly serious about 

ameliorating the status of the juvenlle offender, we must expand ·thls legislation to require compllance with the intents 

behind the concept of separation, 

The purposes of this act are expanded 

to reflect a congressional interest in the 

mainten,ance and strengthening of the 

famlly unit. Many juveniles removed 

from their homes could be better served 

if resources were focused on strengthen- ing the family so the child could be 

maintained there rather than in alternate facilities. Such targeting would be 

more efficient, less costly, and potentially 

more effective. 

The changes proposed through this 

legislation will strengthen the Juvenile 

justice system, fine-tuning a program 

which has already shown positive results. The inroads we have achieved 

through current law must be broadened 

and straightened to address more and 

more specifically the needs of the juve- nile. There must be not only a monetary commitment to aiding the juvenile, but 

also a commitment to resolve the legal and social problems which lead children 

into trouble. Alternatives to traditional 

pOlicies must be developed and innovation must be encouraged. H.R. 6704 pro- Vides the vehicle for such efforts. 

I commend my colleagues Mr. ANDREWS 

and Mr. COLEMAN for their diligence and 

cooperation in drafting this b!1l, and I 

1lrge its adoption. 

o 1040 

MI'. COLEMAN. Mr. Chnil'man, I 

yield 6 minutes to the gentleman from 

Illinois (Mr. RAILSDACK). 

(Mr. RAILSBAC1{ asked and was given, permissloll to revise and extend his remarks.> 

Mr. RAILSBACK. Mr. Chairman, I 

Wish, first of all, to commend the chairman of the subcommittee, the gentleman from North Carolina <MI'. ANDREWS), for the fine job that I believe 

hc has done; and also to commend Mr. COLEMA~ for the work and the interest 

that he has shown. 

I had the opportunity to be Involved 

In the formulation of the so-called JuvenUe Justice and Dellnquency Prevention Act back in 1974, and have worked 

'n the area of juvenile justice since I was 

in the Illinois Legislature. The Judiciary Subcommittee on Courts, Civil Liberties, 

and the Administration of Justice, of 

which I am the ranking minority member, has jurisdiction over the Federal 

prisons, and I have had occasion to talk 

and visit with many administrators, with 

205 

many correctional Officers, and. even 

many inmates, both the honor inmates 

as well as some of the hard core criminals. 

These experiences reinforced my previous Interest in taking steps to improve the 

juvenile justice system. 

In 1974, we thought that it was important to develop a comprehensive program for a coordinated Federal effort to 

combat one of the most serious aspects of crime in our country, namely, youth- ful crimes. The issue of juvenile delln~ 

quenllY is a very real problem. For example, in 1978 persons under 18 years 

of age accounted for 40.5 percent of the 

arrests for serious crimes, although persons 10 to 17 years of age accounted for 

only 14 percent of the U.S. population. It 

has been estimated that crimes committed by young people under the age of 

25 cost our country over $15 billion annually. Even more importantly, the price 

we pay in human terms is immeasurable. 

One of the most significant prOVisions of this legislation is the program to completely remove juveniles from secure correction facilities oVer the next 7 years rather than Using the so-called sight and 

sound separation now required. Some 

young people simply lack the maturity 

to cope with the adult offender, and as 

a matter of fact many of them have 

even committed suicide rather than con~ 

Unue to endure abuse. 

During 1978, for instance, the suicide 

rate of young people in adult jails was 

approximately seven times the rate of 

children held in juvenile detention facilities. For these reasons, the commit .. ment to remove juveniles from jails is a 

goal worth striving to achieve. 

Title II of H.R. 6704 administratively 

separates the Office of Juvenile Justice 

ana Delinquency Prevention from LEAA 

and places it under the coordination of 

the Office of Justice Administration, Research and Statistics and the general authority of the Attorney General. It 

becomes one of the four coequal offices, 

along with the Law Enforcement Assistance Administration, the National 

Institute of Justice, and the Bureau of 

Justice statistics. I think that Is a sig- nificant change ,that will help to underscore the importance that we attach to 

juvenile justice and will, I hope, focus 

attention on the unique problems pre- sented to us in dealing with JUVenile 

progra.ms. 

I am also very pleased to see that the 

committee has recommended the continuation of the National Institute for 

Juvenile Justice. I had the privilege of 

sponsoring tbat legislation. along with 

the former Member from Chicago. m., 

Mr. Abner Mikva-now a Federal 

judgc--as well as another fonner membel', Mr. Blester of Pennsylvania. When 

the Institute was incorporated In the 

1974 act, I felt that it could serve a 

valuable function by commururatlng information about programs and techniques available to those responsible for 

initiating and Implementing programs in the states and local governments. I 

continue to feel that the collection nnd 

dissemination of this kind of tnformation is very important. 

Another very important provision of 

H.R. 6704 pertains to the emphasis on 
November 19, 1980 CONGRESSIONAL RECORD- HOUSE HI0923 

dealing with the serious juvenile offender. The bill contains new program authority to address the needs of juveniles who commit serious crimes. 1 believe 

that is extremely important. 1 believe 

that the legislation that we are considering here today not only continues the 

efforts to achieve the very worthwhile 

goals set in the Juvenile Justice Act of 

1974, but also challenges us to take even 

more significant steps toward dealing with the problems of juvenile justice. 

1 urge my colleagues to join with me 

in supporting this important legislat.ion. [Mr. ANDREWS of North Carolina 

addressed the Committee. His remarks 

will appear hereafter in the Extensions 

of Remarks.] 

Mr. COLEMAN. Mr. Chairman, 1 yield 

3 minutes to the gentleman {rom Florida 

(Mr. PEPPER) to speak in support of the 

bill. 

Mr. PEPPER. Mr. Chairman, I thank 

the distinguished chairman {or giving 

me an opportunity to commend him and 

his colleagues {or bringing this bill to the 

fioor of the House, I was honored by being chairman of the Select Committee on 

Cl'1me in this House for 4 years, and 

one thing that came very vividly to the 

attention of our committee was that 

most of the crime committed in this 

country was by people under 18 years of 

age. In fact, about half of the people arrested for crimes are under 18 years of 

age. If we are in fact gnlng to curb crime, 

which Is a matter of such concern to all 

of us, one of the best ways to start is to 

try to prevent crime; and one of the best 

areas in which to make that effort is in 

the juvenile area of our population. I 

have had the opportunity to see, and 1 

have had testimony before our committee as to how we can prevent crime by finding a way to divert the effort and 

energies of young people into useful occupations. I could give the details of a 

case where, by giving the meanest boy in the community a job and a title in a 

center where aid was given to delinquent children, that boy .became a leader for 

good and for law and order in that community. 

1 hope that this bill will be Imple- mented in connection with job-provid- ing agencies of our Federal Government. 

I hope the other body will enact the 

legislation recommended by the President and adopted by this House, to pro- vide jobs to youth to the extent of $2 

billion. We will stop more crime by the 

implementation of this bill and pro- viding wise employment of these people than, I beUeve, we can do' in any other 

way. So, 1 commend the distinguished chairman and his committee for what 

they are doing to curb and prevent crime in America. 

Mr. COLEMAN. Mr. Chairman, I have 

no further requests for time, and 1 yield back the balance of my time. 

D 1050 

Mr. ANDREWS of. North Carolina. 

Mr. Chairman, I yield 1 minute to the 

gentleman from New York (MI'. WEISS). 

(Mr. WEISS asked and was given permission to revise and extend his 

remarks.) 

7 

Mr. WEISS. Mr. Chairman, first, I 

want to ClCpress my appreciation to our 

distinguished colleague for yielding this time to me. 1 want to commend the 

gentleman from North Carolina (Mr. 

ANDREWS) as well as the gentleman from 

Missouri (Mr. COLEMAN), the ranking minority member, for this landmark leg- islation that they have brought to this 

fioor. I support It wholeheartedly. Mr. Chairman, I rise in support of H.R. 

6704, the Juvenlle Justice Amendments of 

1980. This legislation which extends the 

Juvenile Justice and Delinquency Prevention Act, and the runaways and 

homeless youth program, provides funds 

to States, local governments, and agen- cies to prevent juvenile delinquency and 

improve the juvenile justice system. The Education and Labor Oommittee 

of which I am a member, made a number 

of SUbstantial changes during the reauthorization of H.R. 6704 which I believe 

will significantly strengthen the act. New 

authority is established for treatment of 

juveniles who commit serious crimes, 

and for the creath:m of projects for work 

with juvenlle gangs. Localities are encouraged to consider education programs 

as a measure of alternative treatment, 

increase the use of nonsecure community-based fac1l1ties, and incentives are 

provided for the removal of juveniles {rom adult jails. The blll requires that 

within 5 years no juvenile shall be held 

In a jail or lockup for adults. 

The bill improves the current use of 

shelters for runaw:IlYs and homeless 

youths by making shelter services available to the fam1l1es Il>f runaways. Newly authorized grants will be available for 

centers to develop model programs for 

runaways in coopera'tion with the members of the juvenile court and social service agencies. 

In particular, the requirement tha', 

juvenqes be removed from adult prisons and lockups is critically important. In 

testimony before the Subcommittee on 

Human Resources, a variety of organiza- tions including the Justice Department, the National Sher1!f's AsSOCiation, the 

Child Welfare League, and the American 

Civil Liberties Vnion endorsed this concept. Wl.tnesses stated that during 1978 

the suicide rate for juvenlles incarcerated in adult jails was about seven times 

the rate for children in juvenile faciUties. 

The fUll committee also removed 

langUage adopted in the Gubcommittee 

which would permit children, who are 

status offenders and violate court orders 

to be placed in secure detention and correctional facilities. Status offenses are 

those which if committed by an adult 

would not be considered a criminal 

offense, such as running away 01' incorrigibility. The committee's action was 

supported by the Child Welfare League, National Association of Counties, and 

the National COuncil on Crime and Delinquency. To place a child in an adult 

facility with convicted crimlnals for not 

attending schools or running away, is 

certainly callous and inhumane. The 

possible damage to the child could be 

irreparable. 1 strongly oppose any attempt to reinstate the subcommittee 

amendment. 

This legislation represents a small but 

significant effort by the Federal Government to address the critical problem of 

juvenile delinquency. I support thl! bill 

as reported by the committee and urge 

my colleagues to join me in voting {or 

its passage. • Mr. SIMON. Mr. Chairman, I rise in 

support of H.R. 6704, the Juvenile Justice 

Amendments of 1980. The pending bill 

would continue the Juvenile Justice and 

Delinquency Prevention Act, administered out of the Department of Justice, 

for an additional 4 years. This program is primarily aimed at impacting on 

young people before they become involved in the criminal Justice system. It has always received strong bipartisan congressional support, as is evidenced by the 32-to-O vote to favorably report the 

measure from the Committee on Education and Labor. H.R. 6704 would also 

continue the Runaway and Homeless 

youth Act, administered by the Department of Health and Human Services. 

'l'he major share of funds under 

title II of the Juvenile Justice and Delinquency Prevention Act is allocated to 

the States and territories on the basis 

of rell\tive population of persons under 

age 18. Each participating jurisdiction has agreed not to place status of- fenders~hildren who have committed 

offenses such as running away and 

truancy that are not adult crimes-in 

secure detention or correctional facilities. In addition, juveniles may not be 

placed in any institution in whch they have regular contact with incarcerated 

adults. . 

iI.R. 6704 would strengthen this latter 

condition of funding by making it clear 

that (lhildren may not be detained or 

confined in adult jaUs and lockups. As 

logical as this highly sig11'lficant pro-· 

vision may seem, it is regrettable that 

hundreds of thousands· of young people 

are needlessly jailed each year in adult 

facilities. 1 am pleased that the Office of 

Juvenile Justice and Delinquency Prevention has pledged that additional 

financial resources will be made available to help implement this provision 

over the 5-year period in the bill. 1 

commend my colleague from Colorado 

(Mr. KOGOVSEK) for taking the lead in 

offering this amendment in committee. 

The concept is supported by the Justice 

Department and numerous national 

organizations. 

A second significant change from current law made by H.R. 6704 Is the pro- posed independence of the Office of 

Juvenile Justice and Delinquency Prevention from the Law Enforcement 

Assistance Administration. 1 have been 

a critic of LEAA and am glad to see that 

the vital juvenile justice program would 

be clearly separated from this other, 

dying agency. This will help I\§sure that 

the program receives priority attention 

from the administration and Congress, and that it can administer the program effectively and without the restrictions 

it has faced in the past. 

The chairman of the Subcommittee 

on Human Resources, Mr. ANDREWS of 

North Carolina, has demonstrated his 

commitment to assisting young people through his sponsorship and manage· 

! 

,i 

! 

~ 

'f 

k . ' ". 

j~ 

,), 

H 10924 CONGRESSIONAL RECORD- HOUSE November 19, 1980 

ment of this strong bill. I urge my col. 

leagues to resist any amendments which 

mi,!ht be offered· to weaken the pro- VlSl011S of current law and to join me in 

enacting H.R. 6704 so that the reforms 

it includes may be swiftly implemented .• 

Mr. ANDREWS of North Carolina. Mr. 

C?hairman. I have no further requests for 

tune. 

The CHAIRMAN. Pursuant to the rule 

the committee amendment in the natur~ of a substitute recommended by the 

Committee on Education and Labor now 

printed in the reported bill, is considered 

as an original bill' for the purpose of 

amendment, and each section shall be 

considered as having been read. 

The Clerk will designate section 1. 

The Clerk proceeded to designate section 1. 

Mr., ANDREWS of North Carolina 

(during the reading). Mr. Chairman, I 

as.k unanimous consent that the commlttee amendment in the nature of a 

substitute be considered as read, printed in the RECORD, and open to amendment 

at any point. 

The CHAmMAN. Is there objection 

to the request of the gentleman from 

North Carolina? 

There was no objection. 

The committee amendment in the 

nature of a substtiute reads as follows: 

II.R. 6704 

Be it enaoted by the Senate and 1/011se 

01 Representatives 01 the United State 1 

A.meriea i7~ Oongress assembled, S a 

SHoaT TITLE 

SECTION 1. This Act mlly be Cited as the 

"Juvenile Justice Amendmellts ot 1980". 

AUTHORIZIITION OF IIPPROPRIIITIONS 

Ju~~~e 2. (a) Section 261 (a) Of the Juvenile 

1974 (42a~sDellnquency Prevention Act of . ,C. 5671 (a) ) Is amended_ 

(1) by striking out ".150000000" 

that tollows through "1979 'II ci" and all 

(2) by striking out "fdr ~he: and 

ending September 30 lOBO" d I fiscal yellr lieu thereot "for ea' an nsertlng In 

Ing September 30 ~~B~t ;he fiscill years endSeptember 30 ' ,eptember 30, 19B2 

(b) Section' ~:83, and September 30, 1984": 

(1) In paragraph (6) thereof, by striking 

out "and" at the end thereof' 

(2) In paragraph (7) there~f, by striking 

out the period at the end thm'cof and In 

serting In lieu thereof ": and "; and -

(3) by adding at the end thereof t,he fol; lowing new paragraph' 

"( 8) to assist Stat~ and local govern. 

ments In removing Juveniles from Jails and 

lockups for adults .... 

(b) Sectloll 102(b) (1) of the Jllvenlle 

Justice and Delinquency Provelltlol1 Act of 

1974 (42 U.S.O. 5602(b) (1» Is IImended by 

Inserting betore the semicolon at the end 

thereot the following: ", Including methods 

with a speclill focus on mlllntlllning and 

strengthening the family unit so thllt juve. 

niles may be retilined III their homes". 

DEFINITIONS 

J SEC. 5. (a) Scctlon 103(1) of the Juvenile 

\tatlce lind Delinquency Prevention Act ot ~974 (4~ U.S,O. 5603(1» Is amended by In. 

sertlng special education" lifter "trainIng" 

(b) Section 103(4) of the Juvenlln JUStl~~ and Delinquency Prevention Act ot 1974 (42 

t

U.S.O. 5603(4» Is IImended to read liS 

ollows: 

"(4) (A) the term 'Office ot Justice Assist. 

ance, ~esearch, and Statilltics' mellns the 

Office established by section 801 (II) of th 

°fmnlbUS Orlme Oontrol and Safe Streets AC~ o 1968; 

"(B) the term 'Law Enforcement Assist. 

IInce Administration' menus the admlnlstra. 

tlon established by section 101 of the Omnl. 

bus Orlme Control and Slife Streets Act ot 

1968: 

"(0) ,the term 'Nntlonal Institute of 

Justice menns the Institute estllbllshed by 

section 202(11) of the Omllibus Crime Con. 

trol and SaCe Streets Act of 10GB' and 

"!D) the term 'BurellU of Justice Statls. 

tics means the bureau established by sec. tlon 302(a) of the Omnibus Orlme Control 

and Safe Streets Aqt of 1968'" 

(c) Section 103(7) ot the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 ~,s,c, 5603(7» Is amended by striking out 

and ~?y territory or possession ot the United 

States and Inserting In lieu thereot "the 

Virgin Islands, Guam, American Silmoa lind 

the Oommonweilith of the Northern Ma~lana Islands". 

(d) Section 103(9) ot the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 ~,S.O. 5603(9» Is amended by striking out aw enforcement" lind Inserting In lieu 

thereof "Juvenile Justice and dell prevention". nquency 

vlduals held In IlIwful custody In such ta 

allI ty; lind -

"(B) Is IIsed for the placement. atter lid. 

j Ihdloa tlon and dlsposl t1on, ot any juvenile 

wlo has been adjudlcllted as having com. m tted an olfense, any nonolfender or lin' 

other Indlvlduill convicted of a crll~lnal 0[3 

fenGe; -

I "I( 14) the term 'serlous crime' mellllS crlm. ~~a homicide, forcible rnpe, mayhem. kid. ~Plllg. aggravat!ld IIssault, robbery larceny or heft punishable as II f~lony, moto~ vehicle ~he~t, burglary or brellklng lind entering, ex. or on IIccompllnled by threllts of violence 

IIlld arBon punishable as a telony' lind" . 

(g) Section 103( 15) of the JUv~nlle Jl\stfcoc 

and Delinquency Prevention Act of H174 : so redeslgnllted In subsection If (I)' I;S amended- ) • s 

" d( I) by Inserting "special education" afler e ucatlonlll, "; lind • 

dl (;'1 by stl'lklng out "lind benefit the nd. 

c, and nil that follows through ., lind 

his' lind Inserting In Iteu thereof ". In'eludIng services deSigned to bencat IIddlcts o.nd 

other users by ellmlnntlng theh' dependence ~n alcohol or other Bddlctlve 01' nonnddlctlve rtdl~S or by. controlllllg th,-Ir dcpendence an • 

OFFICE OF JUVENILE JUS1'WE liND 

DELINQUENCY PIlEVJ,;NTION 

• SF-C. 6. (a) Section 201(0.) of the JUl'cnlle 

1~~~lc(:2 ng~ cDellnqUoncy Plcvcntlon Act Of fl' •• 5611 (II» Is nmended by strlkInf lou,t La,~v Enforcement AJslstance Ad. ~lndstlatlon and Inserting 111 lieu thercof un er the general authority of the Attol' 

ney General". -

(b) Section 201 (d) ot the Jllv~n!le JllS;lcc ~llsdcDellnquency Preventloll Act of Ifl'74 14'; ... 5611(d» Is IImended_ -

I (1) In the first Sentl!llCC th~'I'eof Il" ~trlk. Ilg out "direction of" lind ., 

:~~o~~::r:~~~~llnlstrlltl<fn" II~~ i:~~;l'ft~l\~o'i\;~ ney Generlll,,;general lIuthorlty of the All"r· 

str~~~ In th?, second sentence thoreof. by 

Adml~f iU~ ',~Ubject to the direction of the 

rcgUla1tlS rll 0tr, '" and by Inserting Hp1'C,.cl'ille ons or, before "lIwllrd'" 

(3) III the third sentence ther~of-

(A) by Inscrtlng "of the Lllw Enforcement 

Asslstlll1ce Administration lind tho Dll'e~tol' 

~f the Nlltlonlll Institute of Justice" nftt'l' 

Administrator" the first plnce It II . therein; and PPCfiI s 

and Delinquency 

1 

~~~V~~:I~e ~~enlle Justlcll 

U.S.O. 5751 (a» Inc at 1974 (42 

"Jtllle 30, 1975" a~da~~~~e~ by striking out 

'1980" and Insertln a follows through 

foHowlng' "Sept b g In lieu thereot the 

30, 1982, 'septem~:;;' :~ ~~'B31981d' September 30, 1984". ,an September 

(e) Section 103(l~) at the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42· 

~.~~~. 5603(12» Is amended to read as tol-

(B) by inserting "of the Office of Juvenile 

t~~tlcle lind Dellnquency Prevention" IIftN' m nlstrntor" the Illst plnce It IIPp .. thcreln; lind enl, 

or.(4) by striking out the lilsc sentence there-

(c) Section 201 (e) of the Juvenile JllStl~ 

and Delinquency Prevention Act of 1974 (4; nNDINGS 

SEC. 3. Section 101 ( ) JUstice and Dellnquen a P of the JUvenile 

1974 (42 U.S,O, 5601 (at)y I reventlon Act ot 

(1) In pam ra h s amended_ 

"lIlcohol lind ~t:er" (:~t::~:e~f, ~r. Inserting 

(2) In parllgraph (6) a use , out "and" at th thereOf, by striking (3) f e end thereof' 

out the ;:r~~~B'~~~~ (7) ther~of. by striking 

lng In lieu thereof ,~ ~~~~~eredot and Insert_ 

(4) b " an Ing no': ;~~;!a~~~e end there(lf the follow_ 

"(8) the JUvenile j tI 

give additional attentl~~ fe t~Btem should 

JUVeniles Who co 0 e problem of 

particular IIttent~~I:I::~IO~S f~lmes, with 

sentencing provldl 0 e areas ot 

Informed dlspoSltl~ resoudrces necessary for 

8, an rehabilitation.". PURPOSE 

Ju~~f~e4J~) ~I~~on 102(a) of the Juvenile 

1974 (42 U.S.C. 116~(:»)Y1a ~ve~n:!~~ Act ot 

"(12) the term 'secure detention faCility' 

::;1~~;SW~~%h~bIlC or private resldentlnl CaI" (A) Includes construction tb:tllrcs de- s gned to physically restrict the movements 

and activities of Juveniles or other Indlvld- ~~~ held In lawful CUstody In such facility; 

f "(B) Is used for the temporary pillcement o IIny Juvenile Who Is IIccused of having 

committed an olfense, ot any nonolfender or of any other Individual accused of hllvlng committed a criminal olfense'" 

(t) Section 103 ot the JI~v;nlle Justice 

and Delinquency Prevention Act of 1974 (42 U.S.O. 5603) Is amended-

(1) by redesignating paragraph (13) paragraph (15); and lUI 

(2) by Inserting after parngrllph (12) the 

following new paragraphs: 

It ':(13) the term 'secure correctional faollt:CII~;a~~I~~~PUbIlO or private residential 

"(A) Includes construction ftxturea d Slg~ed to physically restrict the movemen~ all aotlvltles of Juveniles or other inell207 

:r?A~~;I:I~~;~f» I; vamended by striking out 

~lstllnce Adn~fn~tra~~o~~W a~~fol~~:!~~ll~~ A~; eu thereof "Attorncy Genernl" 

(d) Section 201 (t) of the Juve~lle Justice 

1\l1d Delinquency Prevention Act of 1974 (42 

:r?A~C'1 5~11 (f) Is IImended by striking out m n strator" the last place It appellrs 

therein and Inserting In lieu thereof" Attor 

ney General", • 

CONCENTRIITING OF FEDERIIL EFFOIITS 

Sec. 7. (a) Section 204(b) of the JUvenile 

Justloe and Delinquency Prevel1t!on Act of 

1074 (42 U.S.O. 5614(b» Is amended-

(1) by striking out ", with the asslstanc. 

of the Associate Administrator.": and 

H (2) In paragraph (6) thereof, by insertln 

and training assistance" after "tllChnl gl aSSistance". ca 

(b) Section 204 ot the Juvenile Justice 

and Delinquency Prevention Aot of 1974 (42 u.s.a. 5614) Is IUnlnded by adding at the 

end thereot the following new SUbSICUOll' 

"(m) To carry out the purpose. ot this 
~ -----~-- ---~--~--

H 10925 

November 19, '1980 CONGRESSIONAL RECORD- HOUSE 

t1vltles, The 4dvlsory committee shall not 

have any anthorlty to procure any temporary or Intermittent services of any pel'-

sonnel under secUon 3109 of title 5, United 

States Code, or' under any other provision 

section, there IS authorized to be appr~l~h ated for each fiscal year an :~~u~~e Wtotnl 

does not exceed 7.5 percen tltl " 

amount appropriated to cnrry out this e .. 

"( 3) At leas~ 5· ot tho Individuals apolnted as members of tile Advisory ComPnlttee shall not have attained 24 yenr~ of a e on or before the date of their appo ntnfent At least 2 of the Individuals so apCOORDINATING COUNCIL ON .r'UVENLLE .rUSTICE olnt~d shall have been or shall be (at the 

lime of appointment) under the Jurisdiction of the juvenl1e justice system. The Advisory Committee shall contact and seek reg- ulnr Input from Juveniles currently under 

tile jurisdiction of tho juvenile justice sysof law, - "(g) (1) Members of the Advisory Committee shall, whlle serving on business .Of 

the Advisory Committee, be entitled to lecelve compensation nt a rate not to exceed 

dnlly rate specified for Grnde GS-18 of the 

General Schedule In section 5332 of title 5, 

United Stntes Code, Including travel time. 

AND DELINQUENCY PREVENTION 

SEC. 8. (a) Si)ctlon 206(a) (1) ot the J~~enl1e Justice and Dellsnoque~~i6(~)e(~in) °l~ Act ot 1974 (42 U.. . 

amended- - f 'Educa (1) by Inserting "the Secretary 0' - -tlon the Secretary ot Housing and Urban 

Dev~lopment, the Director o~, the C?~e~r~: nlty Services Administration, atter 

f L bor'" and tar(~)o bya st;lklng out "tile Secretary of 

nd Urban Development," and In-

~e~~~~~gl: lleu thereof "the Director o~ :~: Bureau of PriSOns, the commlss~I~:~t~r for 

~l~!~~c~fol~~~~~al ~~~~tl~~e and Rehab!~; tatlon Services, the g~~~~~~IO~~~lt~~,r and 

tel?,\'4) The President' ahall designate the 

Chairman from members appointed to the 

Advisory Committee. No full-time officer or employee of the Federal Government may be appointed ns a member of the Advisory committee, nor may the Cllalrman be a fulltime officer or emplo~'ee of any State or local 

govel'llment, "(b) (1) Member.s appointed by tl:e President shnll serve for terms of 3 year~. Of tho 

members first. appointed, 5 shnll be appointed 

for terll1~ oC 1 year. 5 shall be appOinted Cor 

terms of 2 years, and 5 shall be appointed for terms of 3 years, as designated by the 

President nt the time of appointment. Thereafter, the term of ench member shall be 3 

years. The Inltla: appolntme>nt of members 

shnll be mnde not later than 90 days after 

the effective date of this section, 

"(2) Members of the Advisory Committee, 

whlle serving awny from their plnces 0,( residence or regular plnces of business, slu\ll be 

entitled to reimbursement for travel ex- penses, Including per diem In lieu of subsistence, in the same manner as the expenses authorized by section 5703 of title 5, United 

States Code, for persolls 111 the Federal Government service employed Intermittently. .. (h) To carry ou t the purposes of this seo- tlon there Is authorized to be appropriated 

such sum.~ as may be necessary, not to ex- ceed $500,000 for each fiscal year,'. Administration ror t f the youth De- Families, and the Dlrec or 0 

t Bureau" velopmen tI 206(~) of the Jtwenl1e Justice 

an~bb~i~q~!:'ncy Prevention Act of 1074 (42 

ALLOCATION 

U,S.C. 5616(C)I) Is a~7,~~:dMtorney General • (1) by strlk ng ou 

nn1~'; by I~rtl~~ ", nnd to the Congress," 

afte(:) ':;~~~~~; ~t at~l~ end thoroof tlhl e ~~\i entence' "The Counc IS 

10wlln; ~;: ~ake reco~mendations with re- rev c , I t funding proposal underspuct tbo, at~ j~;ce of Juvenile Justice and 

taken y e d any agency Delinquency prevention a~ 

represented on tho cotmcll. , tl 206(d) of tho Juvenl1e Justice 

an~)D~~~q~~nay Prevention Act of 1974 (42 

"(2) Any member appOinted to fill a vaca.n- cy occurring before the expiration of the 

term Cor which the predecessor of such 

member was appointed shall be appointed 

only for the rema.lnder of such term. The 

Prc.ldent shall fill a vRcancy not Inter than 

90 days nCtcr such vacancy occurs. Members 

shnll be eligible for reappointment and may ~erve Rfter the expiration of their terms un- til their successors have tnken office. 

"(c) The Advisory Committe shall meet at 

the call of the Ohalrman, but not less than 

quarterly. Ten members of the Ad\'lsory 

Committee sllall constitute a quorum. 

SEc. 10. The first sentence of section 

222(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U,S.O. 

5632(b» Is amended by striking out "In a manner" and all that f01l0ws through "part" 

and Inserting In lieu thereof" In an equitable manner to the States which are determined 

by the Administrator to be In compliance 

with the requirements of seotlon 223 (a) (12) 

(A) and section 223 (a) (13) for use by such 

States In a manner consistent with the purposes of section 223(a) (10) (H)", 

STATE PLANS 

SEC. 11, (a) (1) Section 223(a) of the 

Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C, 5633(a» Is 

amended by striking out "consistent with 

the provisions" and all that follows through "such plnn must" and Inserting In lieu 

thereof the following: "applicable to a 3-

yenr period. Suoh plan shall be amended 

annunlly to Include new programs, and the 

State shall submit annual performance re- ports to the Administrator Which shall describe progress In Implementing programs 

contained In the original plan, and shall 

describe the status of cOlnpllance with State 

plan requirements. In accordance with regu- lations which the Administrator shall pre. 

scribe, such plnn shall", 

U S C 5616(d» Is nmended by striking out . . . tl os per year" and In- "a minimum of tour m terly" sertlng In lieu thereof "nt least qual' . . 

(d) Section 206(e) of tho Juvenile Justice and Delinquency Prevention Act of 1974 

USC 5616(e» Is Ilmended by striking ~~~ ,,'rday" and Inserting In lieu thereof 

"shall". ' 

(e) Section 206(g) of the Juvenile Justice 

and Delinquency Prevention Act of 197t

4 

6 6( » Is amended by Inser - ~~2 ,~I.~~~t ~o lex;eel $500,000 for each fiscal 

ye~r'" before the period at the end thereof. 

NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

S c 9 Part A of title II of the Juvenile Jus~l~e ~nd Delinquency Prevention Act of 

1974 (42 U.S.C. 5611 et seq.) Is amended by 

striking out section 207, section 208, and sec- tion 209, and Inserting In lIou thereof, the 

following new section: "NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

"SEC. 207. (a) (1) There Is hereb!' established a National Advisory Commit tee for J~venl1O Justice and Delinquency Prevention (hereinafter In this Act referred to as the 'Advisory committee') which shall con- sl~t of 15 members appointed by the Preslden.t. . "(2) Members shall be appointed who have 

special knowledge concerning the prevention 

and treatment of juvenl,le delinquency or the administration of juvenile justice, such as Juvenile or family court judges; probation, correctional, or law enforcement per~ 

sonnel' representatives of private, voluntRr~ 

organl;.ationS and community-based programs. Including youth workers Involved 

with alternative youth programs; and per- sons wi til special training or experience In 

adr.lresslng the problems of youth unemployment, school violence and vandalism, nnd 

learning disabilities. 

h(d) The Advisory Committee sllall-

"( 1) review and evaluate, on a continuing 

bl\sls, Federnl policies regarding juvenile 

justice nnd delinquency prevention and RCtlvltlcs affecting juvenlle justice and delinquency prevention conducted or assisted by 

all Federal agencies: "(2) advise the Administrator with respect 

to partlcul£lr functions or aspects ot the work 

of the Office; , "(3) advise, consult with, and make recom- mendntlons to the National Institute of Justice and the Nntlonal Institute for Juvenile 

Justice and Delinquency Prevention con- cerning the overall policy and operations of 

ench Such Institute regarding juvenile jus- tice and delinquency _prevention research, 

evnluntlons, and training provided by eacll 

such Institute: and 

"(4) make refinements In recommended 

standards for the administration ot juvenile justice at the Federal, State, and local levels 

which ha\'e been reviewed under section 247, 

I\nd recommend Federal, State and local ac- tion to facilltnte the adoption of such standards throughout the United States. 

"(Il) Beginning In 1981, the Advisory Committee shall submit suoh Interim reports (LS 

It consld«'rs advlsnble to the President and 

to the congress, and shall submit an annual 

report to the President and to the Congress 

not Inter than Mnrch 31 oC each year, Each 

such report shall describe tlle activities of 

the AdVisory Committee and shall contain 

such findings and recommendations as the Advlsol'~' Committee considers necessary or 

approprillte. 

"(f) 'l'he Advisory committee shnll have 

staff personnel, appOinted by the Chnlrman 

with the approval of the Advisory Committee, to assist It In oarrylng out Its ac- tivities. Tho head of each Federal agency 

shall make avallable to the Advisory Committee such Information and other assist- ance as It may require to oarry out Its 1\0-

208 

(2) Section 223(a) (3) (A) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5633 (a) (3) (A» Is amended 

by striking out "twenty-one" and Inserting 

In lieu thereof "15", and by striking out 

"thirty-three" and Inserting In lieu thereot 41 33" 

(3') Section 223(a) (3) (B) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C, 5633(a) (3) (B» Is nnlended-;; 

(A) by Inserting "locally elected olllcials, 

after "Include": and " 

(B) by Inserting "special education, after 

.. education .... (4) Section 223(a) (3) (E) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C, 5633(a) (3) (E» Is amendcd-

(A) by striking out "one-third" and InsertIng In lieu thereof "one-fifth": 

(B) by striking out "twent~'-slx" and Inserting In Heu thereof "24 ": 

(C) by Inserting ", and" after "appointment'" and 

(D) 'by striking out "three oC whom" and 

Inserting In lieu thereof "3 of whose members" (5)' Section 223(a) (3) (F) of the Juvenile 

Justice and Dollnquency Prevention Act ot 

1974 (42 U.S.O. 5633(£\) (3) (F» Is amended-

(A) by striking out "(ll) may advise" and 

all that follows through "requested:" and 

•. -

\ ... 

,. 

t " 

,-

i \ 

1-: 

,t ' 

'l\ t' 

, 

Hl0926 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

Inserting In lleu thereof "(II) shall lubmlt 

to the Governor and the leglalature at least 

annually recommendations with respect to 

matters related to Its funotlons,lncludlng 

State compllance with the reqUirements of para~raph (12) (A) and paragraph PS):": and 

(B) by adding at the end thereof the follOWing: "and (v) shall contact. and seek 

regular Input from Juveniles currently under 

the jurisdiction of the juvenile justice system;". 

(6) Section 223(a) (3) (F) (III) of the Juvenl1e Justice and Delinquency Prevention Act 

of 1974 (42 U.S.O. 5633 (a) (31 (F) (111» Is 

amended by striking out "and" at the end 

thereot, 

(7) Section 223(a) (8) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(a) (8», Is amended to read as follows': . "(8) provide for (A) an analysis of Juvenile crime problems and Juvenile Justice and 

delinquency prevention needs ,within the 

relevant jurisdiction, a description of the 

services to be provided, and a description of 

performance goals and priorities, Including a speolfio statement of the manner In which 

programs are expected to meet the Identified 

Juvenile crime problems and Juvenile justice and delinquency prevention needs ot the 

Jurisdiction: (B) an Indication of the man- ner In which the programs relate to other 

similar State or local programs which are Intended to address the same or similar 

problems: and (C) a plan for the concen- tration of State efforts which shall coordlnlllte all State juvenile delinquency prognms with respect to overall policy and 

development of objectives and priorities for 

all State juvonlle delinquency programs and 

activities, Incluq:lnli\' provlslon for regular meetings of State olllcials with responsibility 

In the area of juvenile Justloe and dellnquency prevention: ". . (8) Section 223(a) (10) ot the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a) (10» Is amended-

(A) by striking out "Juvenile detention 

and correctional facl11t1es" and Insertlng.in lieu thereof "confinement In secure deten·· 

tlon fac1l1t1es and secure correctional facUlties": 

(B) by striking out "and" the fiftll place 

It appears therein: 

(0) by Inserting after "standards" the tollowing: ", and to provide programs for juve- niles who have committed Berlous crimes, 

particUlarly programs whloh are designed to 

Improve sentencing procedures, provide re- sources necessary tor Informed dlsposltlon~,· 

and provide for effective rehabl11tatlon"; and 

(D) by adding at the end thereof the following new subparagraph: 

"(J) projects designed both to deter In-

\'olvement In Illegal activities and to promote Involvement In lawful activities on the 

part of Juvenile gangs and their members:", 

(9) Section 223(a) (10) (A) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5633(a) (10) (A» Is amended 

by Inserting "edUcation, special education," 

Mter "home programs,". 

(10) Section 223(a) (10) (E) of the Juvenile Justice and Delinquency Prevention 

Act of 1974 (42 U.S,C. 6633(a)(10)(E» Is 

amended by striking out "keep del1nquents 

nnd ~o", and by Inserting "delinquent youth nnd" atter "encourage". 

(11) Section 223(a) (10) (H) of the JuvenUe Justice and Delinquency Prevention 

Act of 1974 (42 U.S.C. 5633(n) (10) (H» Is 

amended to read as follows: 

"(H) statewide programs through the use of subSidies or other financial Incentives to 

units of local government desIgned to-

"(I) remove Juveniles from Jails and lockups for adults: 

"(11) repllcate Juvenlle programs designated as exemplary by the National Institute of Justice: 

"(Ill) establish and adopt, based upon the 

recommendations of the Advisory pommlt. 

tee, standards tor the Improvement of Juvenile justice within the'State; or "(Iv) Increase the use of nonsecure com- munity-based facilities and discourage the use of secure Incarceration and detention:", 

(12) Section 223(a) (10) (I) ot the Juvenile Justice and Delinquency Prevention 

Act ot 1974 (42 U.S.C. 6633(a) (10) (I» Is 

amended to read as tollows: 

"(I) ,programs designed to develop and 

lmplemimt projects relating to Juvenile delinquency and learning ~lsab1l1tles, IncludIng on-the-job training programs to assist 

.'aw enforcement and Juvenile Justice per- sonnel -to more effectively recognize and 

provide for learning disabled and other 

handicapped Juveniles; and". 

(13) Section 223 (a) (12) (A) of the Juvenile Justice and Dellnquency Prevention Act 

of 1974 (42 U.s.C. 6633(a) (12) (A» Is 

amended by striking out "juvenile detention or correctional facilities" and Inserting In 

lieu thereof "secure detention facilities or secure oorrectlonal facilities". 

(14) Section 223(a) (15) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974, as so redeSignated In paragrnph (15) 

(A) ,Is amended-

(A) by striking out "paragraph (12) (A) 

and paragraph (13)" and Inserting In Heu 

thereof "paragrnph (12) (A), paragraph (13), and paragraph (14) ": and 

(B) by Inserting before the se1111colon at 

the end thereof the follOWing: ", except thnt 

sllch reporting reqUirements shall not apply 

In the case ot a State which Is In compli- ance with the other requirements of this 

paragraph, which Is In compliance with the 

requirements In paragraph (12) (A) and 

paragraph (13), and which has enacted legIslation which conforms to such requirements and Which contains, In the opinion 

of the Administrator, Bulllclent enforcement 

mechanisms to ensure that such legislation wl11 be administered effectively", (15) Section 223(a) of the Juvenile 

Justice and Delinquency Pre'{entlon Act of 

1974 (42 U.S.C. 5633(a», as amended by the 

foregoing provisions of this subsection, Is 

further amended-

(A) by redesignating paragraph (14) 

through paragraph (21) as paragl'aph (15) 

through paragraph (22), respectively, and by 

Inserting after paragraph (13) the following new paragraph: 

"( 14) provide that, beginning after the 5-

year period follOWing the date ot the enactment of the Juvenile Justice Amendments 

of 198,'}, no Juvenile shall be detained or con- fined In any jail or lockup for adults:"; and 

(B) by adding at the end thereof the following new sentence: "Such plan shall be 

modified by the State, as soon as practicable 

after the date of the enactment ot the Juvenile Justice Amendments ot 1980, In order to 

comply with the reqUirements of paragraph (14) .... 

(b) Section 223(c) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5633(c» Is amended-

(1) by striking out", with tho conctU'rence 

of the Associate Administrator,": 

(2) by Inserting aftor "Juveniles" the tollowing: "or through removal of 100 percent 

of such juveniles from secure corrcctlonnl 

facilities": and 

(3) by adding at the end thereot the following new sentence: "Failure to achieve 

compliance with the requirements of subsection (a) (14) within the 5-~'enl' time 

limitation shall terminate any State's eligibility tor funding under this SUbpart, unless 

209 

the Administrator determines that (1) the 

State Is In substantial compllalnce with suoh 

reqUirements through the achievement of 

not less than 75 percent reml)val of Juveniles from jalls and lockups for adults; and 

(2) the State has made, through appropriate executive or legislative action, an unequlVo. 

cal commitment to achieving full compli- ance within a reasonable time, not to exceed 

2 additional years.... _ (c) Section 223(d) of the Juvenile Justice 

and Delinquency Preventlch Act of 1974 (42 

U.S.C, 5633 (d» Is amellded-

(1) by striking out "special emphasis pre. vention and treatment": 

(2) by striking out "section 224" and Inserting In lieu thereot "subsection (a) (10) 

(H)": 

(3) by striking out "endeavor to": 

(4) by striking out "a preferential" and Inserting In lieu thereof "an equitable": (5) by ntrlklng out "to programs In non. participating States under section 224(a) (2) and": 

(6) by striking out "substantial or"j and 

(7) by striking out "subsection (a) (12) 

(A) requirement.. and all that tollows 

through "SUbsection (c)" and Inserting In 

lieu thereot "requirements under subsection 

(a) (12) (A) f.nd ~ubsect1on (a) (13) ", 

SPECIAL EMPHASIS PREVENTION AND 

TRElATMENT PROGRAMS 

SEC. 12. (a) Section 224(a) (5) ot the Juvenile Justice and Dellnquency Prevention 

Act ot 1974 (42 U.S.O. 6634(a) (5» Is 

amended to read as 'follows: 

"(5) develop statewide I>rograms through 

the use of SUbsidies or other financlnl Incentives designed to-

"(A) remove Juveniles from jails and lock. 

ups for adults: 

"(B) replicate juvenile programs deSignated as exemplary by the National Institute of Justice: or "(C) establish and adopt, based upon rec- ommflndatlons of the Advlsorv Committee. 

standards for the Improvement of Juvenile 

Justice within the State:". 

(b) Section 224(a) (11) of the Juvenile 

Justice and Delinquency Prevention Act cot 

1974 (42 U.S.C. 5634(a) (11» Is amended by Inserting before the period at the end thereot 

the following: ", InClUding on-the-job trainIng programs to aSSist law enforcement per. 

sonnel and juvenUe Justice personnel to more effectively recognize and provide for learnIng disabled and other handicapped juve- nUes", 

(0) Section 224 of the Juvenile Justice and 

Delinquency Prevention Act of 1974 (42 U.S.O. 

5634) Is amended by adding at the end thereof the following new subsection: 

"(d) Assistance provided pursuRllt to this 

section shall be avaUable on an equitable 

basis to deal with dlsadvnntaged youth, Including females, minority youth, and men- tally retarded and emotlona!ly or physically 

hnndlcapped youth.". 

PAYMENTS 

SElC, 13. (a) I?ection 228 of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5638) Is amended by strikIng out subsection (b) thereot, and by re- designating subspctlon (0) through stlbsect10n (g) as uSbsect16n (b) through subsection (f), respectively. 

(b) Section 228(f) of the Juvenile Justice 

and Dellnquency Prevention Act ot 1974, ns so redeSignated 111 subsection (a) , Is 

a1l1ended-

(1) by Inserting "subpal't II of" after "appllcnnt under": and 

(2) by striking out "tmder section 224" 

and Inserting In lieu thereof "In an equl table manner to States which have compiled with 
November 19, 1980 CONGRESSIONAL RECORD -HOUSE B 10927 

the requirements In section 223(8) (12) (A) 

and section 223(a) (13). under section 224 

(a) (5)". 

ADMINISl'RATIVE FlluVISIONS 

Sro. 14. Section 262 of the JuvenHe Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5672) Is amended to read as follows: 

':"PPLICADILlTY OF OTHER ADMINISTRATIVE 

PROVISIONS 

"SEC. 262. (a) The admlnlstratlve provisions of sections 802(a). 802(c). 803. 804. 

805 806 807. 810. 812. 813. 814(a). 815(c). 

817(a). IU7(b). 817(C). 818(a). 818(b). and 

818(d) of tbe Omnibus Crime Control and 

Safe Streets Act of 1988 are Incorporated In 

this Act as administrative provlslonll appl1ctlble to this Act. References In the'cited sec- tions autborlzlng action by the Director ot 

tile Office of Justice Asalstance. Research 

and Statistics, the Administrator of the Law 

Euforcemellt Assistance Administration, the 

Director of the National Institute of Justice. 

and the Director of the Bureau of Justice 

Statlstlc$ also shall be construed as authorIzing the Administrator ot the Office of Juvenile Justice and Delinquency Prevention 

to perform the same action. 

"(b) The Office ot Justice Assistance, Research, and statistics shall directly provide 

,taff support to, and coordinate the actlv-

.tles ot, the Office of Juvenlle Justice and 

Dellnquency'f'reventlon In the same manner IS It Is authorized to provide staff supoort 

md coordinate the activities of the Law En-

'orcement Assistance Administration. Nalonal Institute of Justice. and Bureau ot 

rustlce statistics pursuant to section 801 (b) 

If the Omnibus Crime Control and Safe 

,treets Act of 1968.". 

RUNAWAY AND HOMELESS YOUTIr 

SEC. 15. (a) The heading for title III of the 

Juvenile Justice and Delinquency Prevention Act ot 1974 (42 U.S.C. 5701 et seq.) Is 

amended to read as follows: 

"TITLE III-RUNAWAY AND HOMELESS 

YOUTH". 

(b) section 301 ot the Juvenile Justice 

and Delinquency Preventlol Act ot 1974 (42 

U.S.C. 5701 note) Is amended by Inserting 

"and Homeless" atter "Runaway". 

(c) Section 311 of the Juvenile Justice and 

Delinquency Prevention Act of 1974 (42 

U.S.C. 5711) Is amended-

(1) by Inserting "(a)" after the section 

designation; 

(2) by Inserting "equitably among the 

States based upon their respective populations of youth under 18 years of age" atter 

"shall be made": 

(3) by Inserting ". and their families." 

after "homeless youth"; • (4) by Inserting after "services." the following new sentence: "Grants also may be 

made for the provision ot a national com- munications system for the purpose ot as- sisting runaway and homeless youth In com- municating With their fam1lles and with 

service pro1.'lders. "; and 

(5) by adding at the end thereof the tollowing new subsections: 

"(b) The secretary Is authorized to pro\'lde 

supplemental IIrants to runaway centers 

which are developing. In cooperation with 

local Juvenile court and slIclal service agency 

personnel. mOdel programs designed to provide assistance to Juveniles who have repeatedly left and remained away from their homes or from any facilities In which they have been 

placed as the result ot an adJudication. 

"(c) The Secretary Is authorized to provide on-the-Job training to local runaway 

and homeless youth center personnel and co- ordinated networks ot local lawentorcement. 

SOCial service. and welfare personnel to assist 

such personnel In recognizing and providing 

for learning disabled and other handicapped 

Juveniles .... 

(d) (1) Section 312(a) of the Juvenile Justice and Dellnquency Prevention Act ot 1974 

(42 U.S.C. 5712(a» Is amended by striking 

out "house" and Inserting In lieu thereof 

"center". and by InsertIng "or to otber homeless Juveniles" betore the periOd at tbe end 

tl~ereof. 

(2) section 312(b) ot the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5712(b» Is amended-

(A) by striking out "houso" each place It 

appears therein and Inserting In lieu thereot 

"center": and 

(S) In paragraph (4) thereot. b~' Inserting 

"social service personnel. and welfare personnel." after "personnel.··. (e) Section 31S ot the Juvenile Justice and 

Delinquency Prevention Act ot 1974 (42 U.S.C. 

5713) Is amended by striking out "$100.000" 

and lru;ertlng In lieu thereof "$150.000", and 

by striking out "any applicant whose program budget Is smaller than $150.000" and 

Inserting In lieu thereof "organizations whIch 

have a demonstrated experIence In the provision ot service to runaway and homeless 

youth and their famllles". 

(f) SectIon 315 ot the Juvenlle Justice and 

Delinquency Prevention Act of 1974 (42 

U.S.O. 5715) Is amended by striking out 

"houses' and Inserting In lieu thereof "centers", 

TECHNICAL AND CONFOaMING AMENDMENTS • 

SEC. 16. (a) Section 103(5) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5603(5» Is amended by strikIng out "section 101 (b)" and all that tollows 

through "amended" and Inserting In lieu 

thereby "section 201 (c) ". 

(b) (1) Section 201 (c) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5811 (c) ) Is amanded-

(A) In the first sentence thereof. by strikIng out "AsSOCiate"; and 

(B) by striking out the last sentence 

thereot. 

(2) section 201(d) ot the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5611 (d» Is amended by striking 

out "Asso~ate" each place It appears thereIn. 

(3) section 201 (e) of the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5611 (e» Is amended by striking out 

"Associate" each place It appears therein. 

and by striking out "Oft lee" the last place It 

appears therein and Inserting In lieu thereot 

"office", 

(4) section 201 (f) ot the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5611 (f» Is amended by striking out 

'·Assoclate". 

(c) (1) Section 202(c) of the Juvenile Justice and Delinquency Prevention Act ot 1974 

(42 U.S.C. 5612(0» Is amended by striking 

out "Associate". 

(2) Section 202(d) of the Juvenile Justice 

and Delinquency Pre1.'entlon Act ot 1974 (42 

U.S.C. 5612(d» Is amended by striking out 

"title I" and Inserting In lieu thereof "title 

5", ' 

(d) (1) section 204(d) (1) ot the J'.lvenlle 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.O. 5614(d) (1» Is amended by 

striking out "Associate". 

(2) section 204(g) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5614(g» Is amended by striking out 

"Administration" and Inserting In lieu 

thereot "Office". 

(3) Section 204(1) of the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5614(1» Is amended by striking· out 

"Associate". 

(4) Section 204(k) of the Juvenile Justice ~nd Delinquency Prevention Act of 1974 (42 

U.s.C. 5614(k» Is amended by striking out 

"the Department of Health. Education. and 

Welfare" and Inserting In lieu thereot 

"Health and Human Services". 

210 

(5) Section 204(1) (1) of the Juvenile Justice and Dellnquency Prevention Act ot 1974 

(42 U.S.C. 5614(1) (1» Is amended by strikIng out "Associate". . (e) Section 205 of the Juvenile Justke and 

Delinquency Preven~ion Act of 1974 (42 

U.S.C. 5616) Is amended by striking out 

"Associate" each place It appeal's therein. 

(f) (1) Section 206(a) (1) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5616(a) (1» Is amended-

(A) by striking out ". Education. and 

Welfare" and Inserting In lieu thereot "and 

Human Services"; 

(B) by striking out "the Commissioner of 

the Office of Education."; 

(C) by Inserting "the DII'ector of tho 

Office ot Justice Assistance, Research. and 

Statistics. the Admlnlstrator ot the Law Enforcement A.~slstance Administration." after 

"designees."; 

(D) by striking out "Associate" each plnce 

It IIppears therein: and 

(E) by Inserting "the Director of the National Institute of Justice." after "Preventlod," the last place It appears therein. 

(2) Section 206(b) of the JlIvcnl1e Just.!ce 

and Dolll1quency Prevention Act of 1974 (42 

U.S.C. 5616(b» Is amended by strIking O\\t "As.~oclate". 

(3) Section 206(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5616(e» Is amended by striking 

out "Associate", 

(g) (1) Section 223 (a) (1) of the JU\'enlle 

Justice and Dellnq'uenc~' Prevention Act of 

1974 (42 U.S.C.5633(a)(1» Is amended-

(A) by striking out "planning agency" and 

Inserting In lieu thereof "crhnlnn.l Justice 

counCil": and 

(B) by striking out "section 203 ot sllch 

tl tie I" and IIl,~erting In lieu thereof "section 402(b) (1) of the Omnibus Crime Control and Safe Streets Act of 1968". 

(2) Section 223(a) (2) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a)(2» Is amended by 

striking out "planning agency" and InsertIng In lieu thereof "criminal Justice council". 

(3) section 223(a) (3) (A) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a) (3) (A» Is amended 

by striking out "a Juvenile" and Inserting In 

lieu thereof "Juvenne". 

(4) Section 223(a) (3) (F) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5633(a) (3) (P» Is amended-

(A) In clause (I) thereof. by striking out 

"planning agency" and Inserting In lieu 

thercof "criminal justice council"; 

(B) In clause (III) thereof. by striking out 

"planning agency" and all that follows 

through "as amended" and Inserting In lieu 

thoreof "criminal Justice counCil"; and 

(C) In clause (Iv) thereof-

(I) by striking out "planning agency and 

regional planning unit supervisory" and Inserting In lieu thereot "criminal Justice coun- cil and local criminal Justice advisory"; and 

(II) by striking out "section 261 (b) lind 

section 502(b)" and Inserting In lieu thereof 

"section 1002", 

(5) Section 223(a) (11) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.O. 5633(a) (11» Is amended by 

striking out "provides" and Inserting In lIe1,l 

thereot "provide". 

(6/ section 22S(a) (12) (B) of the Juvenile 

Justice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 563(a) (12) (S» Is amended 

by striking out "Associate". 

(7) Section 223(a) (15) ot the Juvenile 

Justice and Delinquency Prevention Act of 

1974.. 8S so redesignated In section 11 (a) (15) 

(A). Is amended by striking out "Associate". 

(8) Section' 223 (a) (18) (A) ot the .Juvenlle 

Justice and Delinquency Prevention Act ot 

1974. as so redeSignated In section 11 (a) (15) 

(A). Is amended by striking out "or" the l1rst 

H 10928 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

place It ~ppears therein and Inserting In lieu 

thereof "of". 

(9) Section 223(a) (21) of tbll Juvenll" Justice aud Delinquency Prevention Act ot 1974. as so redesignated In section 11(a)l15)(A). 

is all1cnded- " 

(A) br striking out "planning agency and 

Inserting In lieu thereof "criminal justice 

council'" 

(S) by striking out "then" and Inserting 

In lieu thereof "than": and 

(C) by striking out "Associate". 

(Ill) Section 223(11.) (22) ot the Jllvenlle 

Justice and Delinquency Prevention Act of 

1974 as so redesignated In section l1(a) (15) 

(Al .'\,; amended by striking out "Associate". 

(11) Section 223 (a) of the Juvenile Justice 

and Delinquency Prevllntlon Act of 1974 (42 

U.S.C. 5633(a». as amended In section 11 (a) 

(15) (B). Is further amended (In the senten~~ 

precelling the lnst sentence thereof) by strikIng ou t "303 (a) " and Inserting In lieu thereof "sectlol1 403". 

(12) Section 223 (b) of the Juvenile Justice 

and Dt:lInquency Prevention Act lIf 1974 (42 

U.S.C. 5()33(b» Is amended by striking out 

"planning agency" and Insertl~g In lieu tl1ereo~ "criminal Justice council'. 

(13) Section 223(d) of the JU\'enlle Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(d» Is amended by striking 

out "scctlons 509. 510. and 511» and InsertIng In lieu thereot "sections 803. 804. and 

805". 

(h) Section 224(a) (6) ot the Juvenile JIIStlce and Dellnqency Prevention Act ot 1974 

(42 U.S.C. 5634(a) (6» Is amended by strikIng out "Oommlssloner" and Inserting In lieu 

thereof "Secretary". 

(I) Section 228(f) ot the Juvenile Justice 

lind Delinquency Prevention Act ot 1974. as so redesignated In section l1(a). Is amended 

by striking out "section 509" and Inserting 

In lieu thereof "section 80S". 

(j) (1) Section 241(b) of the Juvenile Justice and Delinquency Prevention Act ot 197. 

(42 U.S.C. 5651 (b» Is amended by strlkll.g 

out "Associate" ellch place It appears 

therein. 

(2) Section 241 (c) of the JUvenile Justice and Delinquency Pre'/ention Act ot 1974 

(42 U.S.C. 5651(c» Is amended by striking 

out "National Institute ot Law Enforcement 

and Criminal Justice" and Inserting In lieu 

thereot "National Institute of Justice". 

(k) Section 244 (3) of the Juvenile Justice 

lIud Delinquency Prevention Act of 1974 (42 

U.S.C. 5654(3» Is amended by striking out 

"sections 249. 250. and 251" and Inserting 1n 

lieu thereot "sections 248. 249. 250". 

(1) Section 245 of the Juvenile Justice and 

Del1nquency Prevention Act of 1974 (42 

U.S.C. 5655) Is amended by striking out .. Associate". 

(m) Section 246 of the Juvenile Justice ~nd Delinquency Prevention Act of 1974 (42 

U.S.C. 5656) Is amended by striking out "Associate" each place It appears therein. 

(n) S~ctlon'248(a) of the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5658(a» Is amended by striking out 

"Associate" each place It appears therein. 

'(0) Section 249 ot the Juvenile Justice and 

Delinquency Prevention Act ot 1974 \42 

U.S.O. 5860) Is amended by IItrlklng out 

"Associate". 

(p) (1) Section 250(a) ot the Juvenile Justice and Del1nquency Prevention. Act ot 1974 

(42 U.S.C. 5661(a» Is amended by striking 

out "A5s0clate" each ,place It appears therein. 

(2) Section 250(b) ot the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5661 (b» 15 amended by striking out "Assocl~te" each place It appears therein. 

(3) Section 250 ( c) of tho JIi venlle Justice ~ml Delinquency Prevention Act of 1974 (42 

U.S.C. 5661(C» III amended by striking out 

"section 5703(b)" and Inserting In lieu 

thereof "B::ctlon 5703". 

A14ENDMJ:Nt· orFEIIJ:D IIY MR. ANDREWS OF 

NOIITH CAROLINA 

Mr. ANDREWS of North Carolina. Mr. 

Chairman. I offer an amendment which 

is printed in the RECORD. 

The Clerk read as follows: 

Amendment offered by Mr. ANDIIEWS of 

1Il0rth Caroline: Page 16. strike out line 7 

through line 15. and Insert In l1eu thllreof 

tho folloWing: SEC. 10. The last sentence of section 222(a) 

ot the Juvenile Justice and Delinquency Prevcntlon Act of 1974 (42 U.S.C. 5632(a» II 

a.mended by striking out "and". and by Inserting " and tho Commonwealth of the 

Northel'll' MarianI!'> Ishmds" after "PacifiC 

Islands". • Page 24. strike out lint. 20 through line 24. 

and Insert In lieu thereot the following neW 

parngraphs: , (1) by Inserting "endeavor to" after ·the 

Admlnlstrator shall": 

·(2) by Itrlklng out "public and prlvato" 

and all that tollows through "sectlon 224" 

and Inserting In lieu thereof "local public 

and private nonprofit agencies within such 

State tor use In carrying out the pUrpoGe6 of 

lubsootlon (a) (12) (A). lubsectlon (a) (13). 

or subsection (1\.) (14)": 

(3) by striking out "endeavor to nlake such 

rllallocated funds" and Inserting In lieu 

thereof "make tunds which remain available 

after disbursements are made by the Administrator under the preceding sentence, 

and any oth~ unobligated fund8.": 

Page 27. after line Il. Insert the following new section (and redesignate the sub&equent sections accordingly) : 

DESIGNATION or STATE AGENOIES 

Sro. 14. Section 261 of·the Juvenile Justice 

and Delinquency Prevention Aot ot 1117. (42 

U.S.C. 5671) Is amended by adding at the 

end thereot the following new subseotlon: 

"(c) NotWithstanding any other provl. 

lion or law. It the Admlll1strator detenn1ne6. 

In his discretion. that sulJlolent fundi have 

not been appropriated tor any l1sca1 year 

for the act.lvltles authorl~ed In pll.rt D nt title 

I of the Omll1bus Crime Control and Safe 

Streets Act of 1968. then the Administrator 

18 authorized to-

"(1) approve any appropriate State agenc)' 

designated by the Governor of the State involved .1 the lole .gency responsible for 

supervising the preparation and admlll1atra.-

tlon ot the Sta.te plan submitted under aec- tlon 223: ancl 

"(2) establl&h appropriate administrative 

and supenlaory bo&rd membership Itequ1rements tor any agency deSignated In acoon:l- ance with pr.racr~pli (1). and permit the 

State advisory group appointed under aectlon 

223(10) (3) to operate 118 the supervisory board 

tor such agency. at the discretion of the. 

Governor.". 

Mr. ANDREWS of North carolina 

(during the reading). Mr. Chainnan. I 

ask unanimous consent that the amendment be considered aa read and printed 

in the RECORD. 

The CHAmMAN. Is there objection 

to the requefJt of the gentleman from 

North CaroUna.? 

There WIlS no objection. 

(Mr. ANDREWS of North Carolina. 

asked and wa.s given permission to revise and extend his remarks.) 

Mr. ANDREWS of North carolina. Mr. 

Chairman, the amendment I have offered 

corrects a. drafting error and makes 

rather minor changes in State admin· 

istrative requirements to grant Governors needed tlexibll1ty in the event LEAA 

should be phased out and to cla.rlfy pro- cedures for expending unobligated fUnds. 

211 

These amendments have been revi~wed 

by my friends on the other side of the 

aisle and, I believe. are noncontroversial. 

Mr. COLEMAN. Mr. Chairman. will 

the gentleman yield? 

Mr. ANDREWS of North Carolina. I 

yield to the gentleman from Missouri. 

Mr. COLEMAN. Mr. Chainnan. I support the gehtleman's amendment and 

have no objection. 

Mr. ANDREWS of North Carolina. I 

would like to thank my friend from the 

minority side. 

Mr. Chairman. I ask for the adoption of the amendinent. 

The CHAmMAl~. The QUestion is on 

the amendment offered by the gent.leman from North Carolina (Mr. 

ANDREWS). 

The amendment was at'1'eed to. 

AMENDMENT OFFERED BY MR. KMMER 

Mr. KR.AMER. Mr. Chairman. I otTer 

an amendment. 

The Clerk read as follows: 

Amendment offered by Mr. KMMER: Page 

26. after line If. Insert the tollowlng new section (and redesignate the subsequent. sec- tions accordingly) : 

USJ: OF rUNDS 

SEC. 13. (a) Section 227 Of the JU\'enlleJustice and Delinquency Prevention Act of 

1974 (.2 U.S.C. 5637) Is amended by adding 

at the end thereof the following new subsection: 

"(c) Funds paid pursuant to section 223 (~) (10) (D) and section 224(a) (7) to IIny 

public or private agency, organization. or Institution or to any Individual (whethcl' dl· 

\'ecUy or through a State criminal Justice 

counCil) Ihllll not be used to pay tor IIny 

personal lIervlce. advertisement. telegram. 

telephone communication. letter, printed or written matter, or other device. Intended or designed to Inlluence a Member of the Congress or any other Federal. State. or Iocr" 

elected olJlclal to favor or oppose any Acts, 

bills. resolutions. or similar legislation. or IIny referendum. Initiative. constltu·tlonal 

amendment. or any slmllar procedure by the 

Congress. any State legislature. any local 

council. or any similar governing body. ex- cept that this subsection shall not preclude 

such funds from being used In connection 

with communications to Federal. State. or local elected olJlclais. upon the request ot 

5uch Officials through proper Official channels. 

pertaining to authorization. appropriation. or oversight measures directly affecting the 

operation of the program Involved. The Administrator IIhall take such action as may be 

necessary to ensure that no tunds paid under 

section 223(a) (10) (D) or section 2:14(a) (7) are used elther directly or Indirectly In any manner prohibited In this subsection, 

Mr. KRAMER (during the reading). 

Mr. Chairman. I ask unanimous consent 

that the amendment be considered as 

read and printed in the RECORD. 

The CHAIRMAN. Is there objection to 

the request of the gentleman from Colorado? 

There was no objection. Mr. KRAMER. Mr. Chairman. this 

amendment places a rensonah~e restriction and limitation on 10bbyll1g activities under the Juvenile Justice Act for 

the advocacy program. It is a compro- mise amendment that was worked out 

In a bipartisan way and perfected with 

the able and dedicated assistance of my colleague. the gentleman from North 

Carolina (Mr. ANDREWS), 

I would like to e~.,ress my apprecla-

, 
.. 

November 19, 1980 CONGRESSIONAL RECORD - HOUSE H 10929 

tion at this point for the gentleman's cooperation and assistance in resolving this matter in a way that, I think, will 

be beneficial· to not only the operation 

of the Juvenile Justice Act, but for the 

Congress as well. 

With that explanation. Mr. Chair- man. I would ask for the adoption of 

the amendment. 

[Mr. ANDREWS of North Carolina 

addressed the Committee. His remarks 

will appear hereafter in the Extensions 

of Remarks.] 

The CHAIRMAN. The question is on tho amendment offered by the gentle- man from Colorado (Mr. KRAMER). 

The amendment was agreed to. ~MENDMENT OFFERED BY MR. COLEMAN 

Mr. COLEMAN. Mr. Chairman, I offer nn amendment. 

The Clerk read as .follows: 

Amendment olTered by Mr. OOLEM~N: Pnge 

23. I1ne 12, Inser.t befol'o the semicolon the 

first plnce It npponrs therein the toll owing : .. except thnt the Administrator shnll 

promulgntu regulntlons whloh (A) recognize 

the speelnl needs of nrens chnrncterlzed by 

low popllintion denSity with respect to the 

detention of Juveniles: and (B) shllll permit 

the tempornry detention In such adult tnelllties of Juveniles accused ot serlolls orlmes 

IIgnlnst persons, subject to ·the provisions ot 

pnrngruph (13), where no eKlsting aceeptnhle 

nlternntlve plncemcnt is nvallable". 

Puge 28, nfter 11110 0, Insert the following 

nelV scctlon (nnd redcslgunto tho subsequent 

scctlons necol'dlngly) : 

REl'ORT Rf!(IARDING CONI.'INFMENT OF JUVENIU:1l 

IN JAU.S FOR ADULTS 

Sf:C, 15. (n) The Admlnlstrntor of the otflce of J\I\'elll1o Justice and bellnqtlonoy 

Proventlon, not lntor thnn 18 month~ nttel' 

the dntc of thc cnactmont ot this Act, shnll 

submit n I'cport to the Congress relnthlg to 

the cost nnd Implications of any 1'Ilquirolilcllt 

ndded to the JU\'clllle Justice nlld Delinquency Prevention Act of 1974 whluh 

would mnlldnto the removal of ju\,clll1lls 

trolll ndults 111 all jnlls nnd 10ek\lps. 

(b) 'rhO I'cport required In subseotloll (1\) 

shnll Incl ude-

(1) nn estlmnte ot \-he costs likely to be 

Incurred by the Stn tes In Inlllicmentltll; the rcqllll'('m~ut specified In subsection (a): 

(2) nn nllnlysls ot the eKperlenco of Stntes 

Which currently require the remoVlI1 of 

Juvllnlles fl'om ndult~ III nll Jnlls nlld lockups; 

(3) nil nnnlysis of possible adverse mOllllclltlons which may result trom Iuch re- quirement or removal. InclUding nil ImnlYels 

of whether such requlremcnt would lend to 

all e!(pnns\on of the resldentlnl oapaclty ot S~('t1re detention fneilities and sec\tro cor- \'cctlounl {1\('llItles for Juveniles. thus resultIt,ll' ill n lwt Increase In the total number of 

Jm'tmllcs d/'tnlned or ccmfined III slIch fa-

('Ultles; nud 

(4) recommonclntlon8 tor such leglslatl"Je or ndmlnlstratlve nctlon M the Administrator considers approprlnte. ' 

Mr. COLEMAN (during the reading). MI'. Cho.lrman, I ask unn.nimous consent 

thnt the amendment be considered as read and printed In the RECORD. 

The CHAIRMAN. Is there objection 

to the request of the gentleman from 

Missouri? 

There wns no objection. 

Mr. COLEMAN. Mr. Chairman, the 

amelldlllent I am oltering Is a compro- mise which the gentlemnn from North 

Carolina and myself hnve developed in 

'consultation with and the approval of. 

the administration. The amendment adI, 

dresses several concern.~ which have 

.arisen over the new 5 year delnstitutlonalization requirement which was added during full committee consideration of H.R. 6704. This language cur- rently requires that as eo condition of 

participation in the program thnt States 

intending to receive formula grant funds 

must within 5 years after enactment re- move all juveniles from any adult jail or lockups. Although this new provision 

represents a major advance in the com- passionate ·and effective handling of incarcerated youth, many States are afraid tha~ the cost of meeting this man- date could be excessive, if not prohibitive. The State of Texas, for example, estimates the cost of constructing new "separate" facilities would exceed $100 

million. Indin.na has stated it would be 

fiscally impossible to achieve. Many other States face simiar difficulties un- less we amend this reqUirement to make 

it more fiexible. 

Admittedly, we have little Information on what the actual cost of removal will 

be. Unfortunately, the administration, 

in developing the mandate, failed to ask 

the States how much they thought it 

would cost. The administration also 

failed to determine what other possible adverse effects this requirement would 

have en state juvenile justice practices. What little information we have re- veals that this new requirement might have a severe adverse effect on juvenile justice systems In areas of low popula- tion density. On the other hand the same body of evidence suggests that many areas should have little difficulty com- plying simply because they have a more sophisticated and elaborate system of 

correctional facilities which can accom- modate separating adults from juveniles. 

Mr. Chnll'man, no one doubts that incarcerated youth will be much better off 

when they are completely removed from 

adult prisons. We know that even juve- niles that are separated by sight and 

sound from adult prisons suffer extl'en\ely harmful consequences, In fact, the "sight and sound separation" can often be 

counterproductive bcrll.use juveniles are often placed In maximum security cells 

01' dl'Un~ tnnks because these are the 

only alternatives the authorities have to 

meet the current separation requirement.s. And it Is in thlll kind of em'ironment thnt rapes, physical assault.'! and 

exploitntion and other brutality most 

often occur. Sulclde among' youth in 

adult jails, even though 'separated by sight nnd sound Is seven times the rate 

than for children in juveniles-only faclllties. 

There is a need to vigornusly pursue the goal of removal ot these young peo- ple from adult institutions, At the same time, we cannot ask the State to accom- plish something that is fiscally impos- sible and might well lead to their decision not to participate in the Juvenile 

Justico Act. 

All my amendment does Is to provide the essential fiexlbll1ty allow the financially strapped States to participate In 

the program without undermining the 

complete removal mandate. The amend~ 

ment directs the administration of tho 

Office or Juvenile Justice and Delinquency Prevention to take the needs of 

212 

'k 

areas characterized by low population density into account in promulgating regulations implementing the complete removal provision, These regulations per- mit the placing the juveniles charged with serious crimes against persons, into 

adult facilities, but only if no acceptable altel'na tive exists. 

It Is the intention of this amendment 

to direct the Administrator of the Office 

of Juvenile Justice and Delinquency Prevention to liberally gTant exceptions to 

the complete removal rcquirement, where 

such exceptions are apPI'opriate. In identifying those areas characterized by lowpopulation density, I would anticipate that definition maximizing the number 

of low-population areas to be covered by the exception would be chosen. In rec- ognizing the sl>ecial needs of these areas in raising funds for the constru!:tlon or operation of secure jnl1s or lockups would be viewed as legitimate "special needs." It would be totally inappropriate, in my view, for the administration to 

second guess the budget priOrities set 

within the States that led to a decision 

not to fund the construction or opera- tion of a juveniles-only facility. 

The provision In the amendlrtent speci- fying that exceptions to the complete removal requirement shall be granted only where no acceptable alternative 

exists, refers to the acceptability or the 

altemative to the State or locnllty. It Is 

not in the Federal GoveMlment's role to 

determine What an exceptable alternative is. 

The report to Congress required under 

this amendment will provide sufficiently detailed information on the complete re- moval requirement to enable us to legis- latively review It, if necessary. The generation of detailed luformation on the 

costs to the States of the complete re- moval l'equlrenlent is the principal purpose of the report. I would anticipate that the Administrator would direct the 

National Institute on Juvenile Justice 

and Delinquency Prevention to conduct 

the research necessary to fUMllsh this 

report to Congress. I would also o.nticipate that NIJJDP would contact each 

of the States and territories to determine 

their estimate of the costs and effects 

of the requirement in their jurisdictions. The responses of these authorities to the 

questions posed by NIJJDP would be included as an appendix to the report. 

The, report to Congress also includE'S 

infOI'mation on Po:,sible adverse ramifications whIch may arise as a result of the 

COml)lete removal reqUirement. One potential adverse ramification is the possi~ 

bility that the requirement could result 

In all Increased rate of juvenile incarceration. A second potential adverse 

ramification is that requirement could 

result in the waiver of a greatel' number or jUveniles to the criminal court for trial as adults, and possible incarceration In 

adult facilities. A third potential adverse 

l'amificatlon is that juvenlles who are released Into the community wlll commit 

subsequent delinqUent acts. In this re- gard, the study would include information on what happens to such youth after 

their release, 

The report to Congress required under 

this amendment will also Include legis- lative recommendations as deemed ap-

'I' 

= 

,. 

H 10930 CONGRESSIONAL RECORD -HOUSE November 19,1980 

propriate by. the Administrator, :rt is the 

Intention of the amendment in requiring legislative recommendations to be made 

that Congress will have the opportunity 

to act on the findings included ill the re- port as soon as possible after their submlss10n. 

Mr. ANDREWS of North Carolina. Mr, 

Chairman, will the g~nt1eman yield? Mr. COLEM:AN. Mr, Chairman, I would 

be happy to yield to the .gentleman from 

North Carolina. It Is my understanding that the gentleman will support this 

amendment. 

Mr. ANDREWS of North Carolilla. Mr. 

Chairman, neither I nor anyone, to the 

best of my knowledge, has any objection 

to the gentleman's amendment, and we appreciate his good worlt with the 

amendment. 

Mr. COLEMAN. Mr. Chairm,an, I 

thank the gentleman, and I yield back 

the balance of my time. 

The CHAIRMAN. The question is on the amendment offered by the gentleman from Missouri (Mr. COLEMAN). 

The amendment was agreed to. 

AtIIENDMENT OFFERED II\' MRS, CHISHOI.M 

Mrs. CHISHOLM. Mr. Chah'man. I 

offer an amendment. 

The Clerk read as follows: 

Amendment offered by Mrs. CHISHOLM: 

Page 26, nfter line 7, Insert the following now subsection (and redesignate the subsequent 

subsection accordingly) : (e) Section 224(11) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5634(n) Is amended-

(1) in pnrn(lrnph (10) thereof, by striking 

out "and" at the end thereof; 

(2) In pllragraph (11) thereof. by striking 

out the period nt,the end thereof and Insert-· 

Ing In lieu tllereof "; nnd"; nud 

(3) by nddlng Ilt t,he end thereof the following new paragraph: 

"(12) develop and implement speclnl em- phasis prevention nnd treatment programs 

relRtlng to Juveniles who commit seriotls 

crimes," 

Mrs. CH1SHOLM. Mr. Chairman, as a cosponsor of this legislation, I have al~ 

ways been supportive of juvenUe justice 

programs. However, I have become con- cerned that the Office of Juvenile Justice 

and Delinquency prevention has focused 

too llluch attention on the stat.us offender issuc to the exclusion of other 

juvenile justice issues. My amendment 

seeks to address a problem in the juvenile deliquency area which I believe has becn 

too long ignored, Seriolls youth offel1d~rs 

are It group which I believe needs special 

ot.tc·n tiOIl. This legislA.tion defilles serious 

crimes as ('l'iminul ~micide, forcible 

rape. mayhem, kidnaping, aggravated nssault. robbery, larceny or theft punish- able as a felony, motor vehide theft, 

bU11:!ory, extortion by threats of violence, and arson punishable as a felony. 

Many of our citizens, particularly our senior citizens, are too often the victims 

of serious criminal offenses by youthful 

offenders. 

Yet despite the seriousness of these offenses, the Office of Juvenile Justice and 

Deliquency Prevention has not rwlly placed much emphasis on the problem of 

the serious youth offender. This bill d>iJes 

recognize that the "serious youth offender" is a critical juvenile justice prob- lem. The chairman and the Subcommlttee on Human Resources are to be 

complimented on their initiative in this area. I believe, however, that this prob- lem warrants a specific program which 

w11l seek to reduce the amount of violent 

and serious crimes perpetrated by youth. My amendment would create a specieJ emphasis category for·the serious youth 

offender. Similar initiatives have been 

created for advocacy activities, altemative education, programs relating to 

juvenile deliquency and learning disabilities. This amendment would insure th~t the Office of Juvenile Justice and 

Delinquency Prevention allocates specific funds for the serious youth offender 

programs. I would urge the adoption of my 

amendment. 

o 1100 

Mr. ANDREWS of North Carolina., Mr. 

Chairman, will the gentleman yield? Mrs. CHISHOLM. I yield to the gen- tleman from North Carolina. 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, I would like very much to 

thank the distinguished gentlewoman 

trom New York for her contribution, not 

only in offering this amendment but 

generally with respect to the formulation of the program initially and its 

continuance. 

Mr. Chairman, I very, much agree with 

the amendment offered by the gentle- woman. The bill as submitted does have 

in various places and particulars an emphasis upon those youth who commit 

serious crime, but I think the amendment that is offered by the distinguished lady will place even special emphasis 

and, would mandate that funds be ap~ 

propria ted by appropriate agencies for 

the specific purpose of addressing those 

particular problems, I think it to be 

altogether in order, in view of statistics 

available \,0 the subcommittee in hearings which we have had and evidence I 

know of, of my own knowledge. Mr. Chairman, I would very much like 

to again thank the gentlewoman and 

commend the gE'ntlewoman's nmendment to the committee. 

Mr. COIJEMAN. Mr. Chnll'l'll.Rn, wlll 

the gentleman yield? MI'. ANDREWS of NOI·th Carolinll. I 

yil'ld to the gentleman. 

Mr. COLEMAN. I would like to join with our chairman in sllPport of the 

amendment offered ·by'the gentlewoman. 

I believe the gentlewoman pointed out some very appropriate things and there' 

certainly is a need, probably much more so than to be provided uuder tills bill financially in many of these areas, but it 

definitely would ,enrmark some moneys where the gentlewoman wants to pin- point the direction of the agency and I 

support the amendment. 

Mr. ANDREWS of North Carolina. I b'~lieve the gentleman also would agree 

not only with the amendment itself but 

also with the preamble statement, the 

first statement made by the gentlewoman, and that is, whereas we very much appreicate the efforts of the subcommittee and the full committee and 

the appropriate agencies with respect to 

dealing with status offenders, and we think a good job has been done there 

and appropriately so. 

213 

But further, I am concerned and I believe the gentleman from Missouri shares 

that with me, that perhaps the em- phasis has been on status offenders to 

the e~tent that we have neglected some other aspects of the act which should be 

dealt with: this being a good example. The CHAffiMAN. The question' is on the amendment offered by the 

gentlewoman from New York (Mrs. 

CHISHOLM) . The amendment was agreed to. ~MENDMENT OFFERED BY MR. EVANS OF TIiE 

VIRGIN ISL~NDS 

Mr. EVANS of the Virgin Islands. Mr. 

Chairman, I offer an amendment. 

The Clerk read as follows: 

Amendment offered by Mr. EV~NS of the 

Virgin Islnnds: Page 26, line 10, strike out 

"subsection" and insert in lieu thereof 

"SUbsections". 

Page 26, line 14, strike out the closing 

quotation marks and the period following 

such quotation marks. 

Page 26, after ,line 14. Insert the following: 

"(e) At least 5 percent of the funds availnble for grants and contracts made pursuant 

to this section shall be available for grants 

alld contracts designed to address the special needs and problllms of Juvenile dellnqucncy III the Virgin Islllllds, auam, Ameri- can Samou, the Trust Territory of the Pacific 

Islands. and the Commonwealtll of tbe 

Northcrn Marlnna Islands.". 

Mr. EVANS of the Virgin Islands 

(during the reading). Mr. Chairman, I 

asl' unanimous consent that the amendment be considered as read and printed 

in the RECORD. 

The CHAIRMAN. Is there objection 

to the request of the gentleman from 

the Virgin Islands? 

There was no objection. 

Mr. EVANS of the Virgin Islands. MI'. 

Chairman, the amendments I propose in 

the first place would add no further cost 

to the Government. In the Virgin Islunds as well as in the territories crime, par- ticularly juvenile crime, has become a major problem. Perhaps to a greater ex- tent even in the rest of the c:ountry, it 

is a problem in the Virgin. Islands. We 

have perhaps 43 percent of our population considered juveniles. Last year's ju- veniles were arrested for 61 percent of 

all major serious crimes and 58 percent 

of a total of all crimes. When we add to 

that the number of cases in which ju- veniles are remanded to their parents. 

to the custody ot' their parents without 

formal arrest, the percentage becomes 

staggering. It has caused the quality of 

life to drop ('onsiderably and while this 

is perhaps 110t the most importont aspect of it, it hos brought ObOllt a serious 

threat to our main industry. that of 

tourism. 

Mr. Chairman, undt'r these circumstances we need help, great help, and 

this would set aside 5 percent of the total 

amount of money for all the territories 

of which the Virgin Islands would get its share. As I mentioned, it would cost no additional money but it would gO a long way toward saving the Virgin Islands and making them a place where it 

is worth while living. Mr. Chairman, I might also say that 

this amendment has been favorably re- ceived by both majority and minority on the committee. 

Mr. Chairman, I offer this amendment 
November 19, 1980 CONGRESSIONAL RECORD -HOUSE H 10931 

in light of the severe juvenile crime prob- lems facing the u.s. territories, espe- cially in the Virgin Islands. 

The resident population of the U.S. 

Virgin Islands is widely estimated to be 

120,000 people, with an additional 2 million tourists visiting our beautiful shores 

annually. In Guam, the T~st Territories, 

the Northern Mariana Islands, and 

American Samoa, there is estimated to 

be appr0:.1mately 250,000 residents. 

In the Virgin Islands, and other territories, the juvcnile population constitutes au average of 43 percent of the 

total population, yet, In the Virgin Islands, juveniles between the ages of 5 

and 17 account for 61 percent of total 

nrrest,s for serious crimes, 55 percent of 

total arrcsts for nonserious crimes, and 

58 p,crccl.t of total arrests. Thcse sta- tist1(',~, of ('ourse, do not take Into ac~ 

count the additional juvenile delinquents who are taken Into custody but later 

released without arrest. Crime statistics 

available have also indicated that there 

Is a substantial l'ecidivism rate among juvenile delinquents in the Virgin Islands. 

As you know, Mr. Chairman, the Virgin Islands nre heavily dependent upon tourism for much needed revenue. I believe that my amendment will help to 

counteract the escalating violence attributed to juvenile delinquents. 

Mr. Chairman, this amendment w111 

not cause any increase in this bill's authorization level. Accordingly, I urge my 

colleagues to adopt this urgently needed 

amendment. 

Thank you. The CHAIRMAN. The question is on 

the amendment offered by the gentleman from the Virgin Islands (Mr. EVAN'S) • 

The amendment was agreed to. 

Mr. BlAGGI. Mr. Chairman, I move to 

strike the last word. 

Mr. Chairman, I would like to take this 

occasion to commend the chairman of 

the subcommittee <Mr. ANDREWS of 

North Carolh~t\) for the excellent work 

on this bill and also I would like to address two questions to the gentleman. First, as many of my colleagues here 

know, I am the author onhe safe schools 

program In the Elementar3' and Secondary Education Act which authorizes $15 

million per year in grants to local educatIonal agencies to help them combat the 

problem of 8ch901 violence and vandalism by juveniles. Accordingly, I would like to know it the 

Advisory Council authorized In this leg- islation w111 consider ehe issues of school 

violence and investigate ways to complement o\,\r efforts in worklllg to eliminate 

violence in our schools. If not, would the 

chairman be willing to state here as a 

matter of legislative history that this 

problem merits attention by the Council? 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, will the gentleman yield? 

Mr. BIAGGI. I yield to the gentleman from North Carolina. 

Mr. ANDREWS of North carolina. Mr. 

Chairman, I thank the gentleman for 

yielding. 

Mr. Chairman, the gentleman !rom 

New York has previously expressed h1s 

opinion and &iven much assistance to 

this as well as other appropriate committees of the House and we are much 

aware of the gentleman's concel'll about 

the question of school violence. 

I could not speak on behalf of the advisory committee. I feel sure that the 

advisory committee will address the 

problem in terms of adVising as to the 

administration of this act. Regardless of 

the answer to that, certainly the answer 

to the second part of tIle question is yes, I would be pleased to join with the gen- tlemnn in admonishing in all wa~';; pos- sible in the conference report or otherwise that the advisory committee should 

most seriously address this problem. Mr. BIAGGI. Mr. Chairman, I thank 

the gentleman for his response to that 

Q.uestlon. 

Second, It is my understanding that 

this btU adds two new areas which would 

be eligible for funding, one being the 

training of the law enforcement person- nel to help learning disabled youth, and 

the serond to deter the illegal activities 

of youth gangs. 

Mr. Chairman, would the gentleman be able to explain to me whether local 

educational agencies would be eligible to 

apply for such grants under these pro- visions in order to help combat violence 

in schools by juveniles. U the answer is 

yes, could the chairman provide me with 

assurances that the conference report on 

this bill would reflect such permissible uses? 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, will the gentleman yeild? 

Mr. BIAGGI. I will be glad to yield. 

Mr. ANDREWS of North Carolina. Mr. 

Chairman, there is nothing In the bill to 

prohibit local education,al units from 

beooming recipients of discretionary funds as the bill is now written and, 

second, yes, I would be pleased, in the 

conference report language or otherwise 

to encourage use of the 1..mds as the 

gentleman has suggested. 

Mr. BIAGGI. Mr. Chairman, I thank 

the gentleman and I yield back the balance of my time. AMf:NOMENT OP'FF.IIEO BY Mil. COLEMAN 

Mr. COLEMAN. Mr. Chairman, I offer 

an amendment, 

The Clerk read as follows: 

Amendment oltered ~y Mr. COLEMAN: Pllge 

26. strIke out line 18 through 11ne 20, and 

Insert In lieu thereat the following: 

amended- , (1) by strIkIng out lubBllctlon (a) lind lIub. 

section (b) thereot, lind by strIkIng out the 

section desIgnation preceding subsection 

(a): 

(2) by r~deslgnatlng lIubsection (e) 

through lIubsectlon (g) M lIubsectlon (II) 

through lubsectlon (e), respectively: and 

(3) by Inserting "SEC. 228." betore lIubsectlon (a), lIS 60 redeSignated In paragraph 

(2). . 

Page 26, line 21. strike out "SectIon 228(t)" 

and Insert In lieu thereot "SectIon 2:18(e) ". 

Page S7. line 9 strike out "Section 228(f)" 

and Insert In lieu thereot "Section 228(e) ". 

o 1110 

Mr. COLEMAN (during the reading). Mr. Chairman, I ask unanimous consent 

that the amendment be considered as 

read and printed in the RECORD. 

The CHAmMAN, Is there objection to 

the request of the ientleman from 

Missouri? 

There was no objection: 

214 

Mr. COLEMAN. Mr. Chairman, I rise 

to offer an amendment to correct a serious problem which has arisen recently l'egarding a provision in the Juvenile 

Justice and Delinquency Prevention Act. 

Specifically, I refel' to section 228(a) of 

the act, Which recently has been interpreted by an administrative law judge 

to entitle current fund recipients to future funding. 'I'he language of this pro- \'Ision reads as follows: 

In accordance with criteria establlshed by lhe AdminIstrator, It Is the polley or ,Congress that programs tunded under this tltlo 

shall continue to recelvo financial aSSistance 

providIng that the yearly evahtatlon ot such 

programs Is satisfactory. 

A lawsuit was brought against LEAA 

lInder Ilectlcln 228 (a) when the agency decided not to continue funding a project. The court's decision held that absent a negative evaluation report that 

I,EAA had t.o continlle funding the pro- gl'am. 

I do not believe Congress intended 

the JUvenile JUstice Act to be an entitlement program. I am certain that the 

Budget Committee does not consider 

Juvenile Justice to be an entitlement 

program. 

'{'he signitlcance {)f the decision of the 

adminlstrat.lve law Judge, and of the subsequent announcement of the LEAA that 

henceforth they would pursue a "continuation funding policy," is to fundamentally alter the nature of the Juven11e Justice grant program. Under the 

current Interpretation ,of sectIon 228 (a)', 

a program that has begun receiving Federal funds is to continue receiving them unless an adverse evaluation report is filed against the project. This 

interpretation relieves projects of the 

bUrden of proving the worth of their 

projects when they reapply for Federal 

funding. Such an Interpretation also 

ties the hands of LEAA in funding new 

projects, which may be far more innovative than any project which is currently receiVing funds. 

To clarify the nature of the program, 

I am offering an amendment striking section 228(a) from the act. This change makes it clear that the funding policy of the act is not a continuation funding polley. The eligibllity for refunding of 

projects cUrrently receiVing funds lsnot 

affected by the striking of liection 228 

(a). The applications of these projects would simply be considered on the same 

basis as other appl1cations from proJects not currently receiving funds. 

My amendment will return muoh 

needed fiexlbUlty and clarity to the Juvenile Justice and Delinquency Pl'eventlon Act. I hope my colleagues will join 

me In making this clarifying change in the act. 

Mr. SIMON. Mr. Chairman. will the 

gentleman yield? 

Mr. COLEMAN, I yield to the gentleman from Illinois. 

Mr. SIMON. I thank the gentleman for yielding. 

I would simply commend the gentleman and agree completf.jy with the 

amendment both from the viewpoint of 

the Budget Committee and from the 

viewpoint {Jf the authOrizing committee. 

The court'. decision 111 certainly not 

s), 

. . 

'( 

~ '. 

~ 

J 

• 

H 10932 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

following the intent ot Congress. I 

think the gentleman's amendment clarifies that. I certainly hope the amendment will be adopted. Mr, COLEMAN. I thank the gentleman. 

I yield back the balance of my time, 

Mr. Chairman. 

The CHAffiMAN. The question is 011 

the amendment offered by the gentleman f1'om Mdssouri (Mr. COLEMAN). 

The amendment was agreed to. 

The CHAmMAN. Are there other 

amendments to the bill? AMl!NDMEN1' OFFEI\EO IlY Mil, ASUlllIOOlt 

Mr. ASHBROOK. Mr. Chairman, I 

offer an amendment, 

The Clerk read as follows: 

Amondment offered by Mr. ASHDItOOK: 

l"ngo 22, bee Inning 011 IIno 6. strike out "is 

amended" lind all that tollows through IIno 0, 

and Insert In lieu thereot the follOWing: 

la amended-

( A) by Insel'ting "or offenses whloh do not 

l'ollstltute Vi oint Ions of vlllld oourt orders" 

nClor "nt!ltlt"; and 

IB) by stl'lklng out "juvenile detention or t'OI'rectlonl\l facilities" and Inserting In lieu 

thel'eof "secure detention tacllItieu or secure t'ol'l'eelional tacliitles". 

MI'. ASHBROOK. Mr. Chairman, my amendment would preserve the tracUtlonalrlght of our Nation's courts to enforce their OW11 validly dmwll court orders, 0. power now denied them under 

certnln aspects of the Juvenlle Justice 

and Dcl!nQuency Prevention Aot. This 

act has made it virtually Impossible for 

JuvenlJe courts to deal with chronio status offenders by denying the court its 

traditional discretionary power to enforce valid court orders involving these 

youth. Under current law, the court can 

l·eml1.ud a runaway person to a half-way house, 01' similar institution, and order 

the youth to stay put, but then be totallY. 

powel'less to do anything when the youth 

runs out the back door. This allows 

young people to continually flout the will 

of the comt, which not only breeos contempt and disl'cspect for the courts, but 

only mnkes ~elplng that young perSOll 

much morc difficult. 

In my view it Is absurd for the Federal 

GoVel'nmellt to take the position that 

chlJdren, at any age, should have the 

right to run away from home, skip school, 

or refuse to obey reasonable parental directions without anyone having the 

I;ower to stop it. 

Recently, Judge Patrick R. To.m11ia of 

the court of common pleas in Pittsburgh made 0. case for the need for court discretion in his opinion entitled: "In Re: 

Gladys Hall," which dealt with a case 

involving four status offenders. I am submitting for the RECORD a verbatim extrnct from this opinion describing the 

l)roblcm of one of these states pffenders known as Theresa S., which is self explana tory: 

TilE CASE OF THEaEsA B .. AGi: 17 

Theresa Is a dependent child who was abandoned by her mother and has been In 

pll\cemcnt since 1962. She Is now 17 years old, 

On November 15, 1976, the court had given permission to CYS (the Community youth Servlce-ed.) to explore alternative placement planning tor Terry becnuse she WM 

having difficulty with h.or placement at 

Lutheran Children's Home. As a rellult ot 

this direction, Terry hnd II pre-plMemcnt 

vIsIt at the Beaver County Chlldren's Home on November 27, 1978, nnd was SUbsequently 

plnced there on December ti, 1978. She con- tinued to hnve difficulty, slmllnr In nature 

to that experienced In her previous pll\cement at Lutheran Ohlldren's Home, The 

problems were related to her Inablllty to I\ccep~ responsibility lind her Inabatty to 

Internet with her peers beyond a superficial level. She had multiple runaway episodes I\nd after one of the runnwnyB from Beaver 

County Children's Home she was discharged 011 January 9, 197!l. At this time Lutheran 

Chlldren's Home wn.~ willing to accept her 

baok Into the program because they telt 'that 

they had been making progress wIth her 

regal'dlng her problems. 

The CYS worker, Mr .. Knox, contncted all 

t.hc people Involved In Terr~"s cnse In an Ilttcmpt to locate her. lIer maternal grand- mother, Mary Jane Sparbanle, stated that 

she had sporndlc contacts with the child, and 

believed that sbe was residIng on Perrysv1l1e Avenue on the North Side. She was appre- hended and brought to the Court. At a hear. 

Ing on Jamlllry 10. 1979, the cnse WIllJ con- tinued until February 7, 1979 to "lI.1>IOre 

further placemenh. At the hearing on Februnry 7, IG79. 'X'heresa. absolutely refused to 

cooperate wIth any placement plnn, she re. Cused to return to the Lutberan Ohlldron'lI 

Horne, and she also refused to go to the 

McIntyre Shelter, whIch Is an open taclllty 

tor children awaiting placement. Becnuae ot 

her IntransIgence and refusal to obey the 

direct order of Court, and her stated Inten. 

tlon to run no matter where she was placed by the Court, the Court directed that she be 

commItted to the Detention Home and that a delinqUent petition filed charging her with 

direct contempt. 

Pursuant to the Court's order n petition was filed on February 8, 1970, charging that 

the chUd was placed In Lutheran Chlldron's 

Horne In Zelienople In June. 1978, discharged. and then plnced at Deaver County bhlldren'o 

Home 'on December 4. 1978, :Crom which sl\e 

ahsconded on Jnnuary 8, 1'979, and was thcn 

brought to the Detention Ceuter on February 7, 1979 charged with direct refusal to 

cooperate with the Court Order returning hor 

to Lutheran Chlldren's Home. 

Altho\lgh on February 7, 1079, tho grand. mother Indicated ahe could cnre for Theresa, 

she admitted that during the two weeks 

purlod that 'l'horcsa stayed with her after 

running from Lutheran Chlldren's Home, tho 

girl had been away most ot the tline. she 

knew not where she wns and on one oc- cl\slon the girl Ilad called her from ENe. Pa" 

sayIng that she was staying with friends. It wns duo to the grandmother's sovere health 

and emotional problems that Thel'caa "lid 

her sister were placed In 1067. 

At the hearing on Febl'uary 15, 1979, 011 

the delinquency petition. an extended dialogue occurred In which an attempt wns made to convince Terry that she needed to 

cooperate with the comt and that rather 

than placing her In an Institution we were attempting to obtain placement for her In an Independent living situation whIch would 

permIt her to work and II\'e In an apartment under supervision until she wns stabilized IIml able to take care of hersel! \\Ithout superVision. Theresa Is an epileptic child 

and Is under heavy medication. and na a vaga- bond when she is on runaway, has never been 

employed. She has never shown an ability 

to maintain herself and It was considered es. sential that she have an opportunity under 

supervIsion to obtain education or tralnln'g 

to prepare her for elllQnclpation. The grand- mother at this time agreed that Bhe was unable to take care of Theresa as she could 

not keep up with the girl. It wns quite e\,l. 

dent that the grandmother had never been a. sumclently stable and competent parent 

tor any ot the chlldren durlni the many 

215 

years the court was I~volved with her cnse and the cnse of her Ilhlldren and grand- children. 

After a great deal ot discussion the court 

fillal1y persuaded Terry to go to Shelter 

rather than to be In the detention homlJ 

pending plo,cement plans. Terry nlHO agreed tbat she would not run away and that she 

would eoopel'ate In attempting to get n proper placement for her. Theresa wns trans· 

terred to Shelter pursuant to court order, bilL 

within two days she agalll ran and ns ot thlJ 

writing, her whereabouts are unknown. All 

attachment was Issued tor her to have hc' 

returned to the Detention Home on March 

13, 1979, and on Aprll 3, 1979, further dis, 

position 011 tho case was deterred until Jul,: 

11, 1979 to locate the child. 

ObviOUsly, there is 0. need to gIve the 

courts some authority to deal with a situation such as this. 

My amendment provides this discretion by amending section 223(a) (12) (A) 

of the act to enable juvenile courts to 

plnee sta tus. and nOl1offenders in secure 

detention and correctional facilities if 

they are found to be in violation of a 

valid court order. As I have noted, this 

language would provide the courts with 

the needed flexlbll1ty to respond to youth who chronically refuse voluntary treatment, but at the same time it is carefully drawn to assure the continued pro- tection. of the basic rights of these 

youths .. FirE.t, the respective court must issue 

a "vvllid order," This means that any such order must, flrst, be given a court 

of c.ompetent jurisdiction; second, involve a judiciable controversy where the 

legal rights of the parties need to be resolved by the court; third, that th~ court 

must enter a ,Judgment and/or remedy in accord with established legal princi- ples based on the facts alter a hearing which observes proper prooedure; and 

fourth, where the court has the statutory power to act. 

'rhese rights are further protected by the requh"~ment that these youth receive their due process rights, which 

were speoifically enumerated by the Supreme Court in re Gault as follows: 

(I) the right ,to have the charges against 

the Juvenile In writing. served upon him a reasona ble time before the hearing: 

(11) the right to a hearing before a court: 

(111) the right to an explanation ot the 

nature and clmseqtlences of the proceedings: 

(Iv) the right to legal counsel, and the 

right to have such counsel appointed by the 

court It Indigent: 

(V) the right to confront witnesses; 

(\'1) the right to prllsent witnesses; 

(vll) the right to have a transcrIpt or rec- ord of the proceedings; and 

(viII) the right ot IIppelll to 1111 npproprlate court, 

The danger of not enacting this pro- vision would be to augment the growing trend to make violations of oourt orders 

a criminal offense and thus subject the 

youth immediately to Incarceration. At 

the Bame time prosecutors are submitting Increasingly stiff charges in an 

effort to place the "status offender" into, n more serious category and thus subject 

to more severe remedies. 

Current law is a perfect example of a 

cure worse than the disease. To continue 

denying courts their traditional powers will only make resolving the problems of 

status offenders that much more difficult. 
Novem.ber 19, 1;)80 CONGRESSIONAL RECORD - HOUSE HI0933 

I believe this House must support our juvenile judges in their efforts to help· 

status offenders by restoring their legit- imate power to deal with them, This 

amendment, which has been unanimously approved by the bipartisan National 

Council of Juvenile and Family Court 

Judges, deserves support from any Member of the House concerned with the integrity of our Nation's courts and t.he 

needs of troubled young people. 

Mr. KILDEE. Mr. Chairman, I rise in 

opposition to the amendment, 

I would like to point out that this 

amendment is not directed at youth who 

have committed criminal acts, rather it 

is intended to permit the incarceration 

of children known as status offenders. 

By definition, status offenders are children whose act.lons would not be 

criminal if committed by an adult, 

status offenders are children with social 

and adjustment problems including incorrigibility, waywardness, .and those 

who run away or are truant. Also included In this cat<i/iiol"Y are nonoffenders 

such as dependent and neglected children. 

The purpose of the Juvenile Justice 

and .Delinquency Prevention Act is to 

prevent and reduce the occurrence of 

juvenile delinquency. Since its enactment in 1974, the cornerstone of this leg- islation has been the requirement that 

states which voluntarily participate in 

the program agree to remove from secure detention and correctional facilities, 

those juveniles who are charged with or who have committed offenses that would 

not be criminal!f committed by an adult, as well as dependent and neglected children. For 6 years this has been the 

law and during this time the annual in- crease in juvenile crime has dropped from 15 to 1 percent. The fact that only seven of the eligible jurisdictions have 

chosen not to participate ill this voluntary program indicates the value of alternatives for helping to prevent juve- nile dellnquency. 

The Congress prohlbiled the secure confinement of status offenders in light of the overwhelming evidence that plac- ing non offender children with delinqu.ent youth does not uddress the child's 

problems, and instead, significantly in- creases the likelihood that the child will 

commit a criminal act in the future. 

However, in spite of this fact, the 

proposed amendment would permit stat~ls offenders to be placed in the one settmg whel'e they w11l not receive needed treatment and where they \\'111 corne in contacL with serious offenders who can provide them with vOl'ational training In SUdl sk!lls as pro!;titution nar- ('?~ics peddling, and other Crim!n~l ~c­ tlvlties, For statUs-offenders secure lockup facillties can tl'uly be called 

schools for crime. 

The Juvenile Justice and Delinquency Prevention Act provides finan('\al assist- ance to enhance prevention and treat- men~ programs designed to meet the 

specIfic needs of noncriminal youth in 

participating States. Altel'l1atives already available to judges for these youth include foster care, shelter-care homes 

group homes, day treatment, home pro~ 

batlon, and other designated community- based, diagnostic, treatment, or rehabUitation services. 

thank my friend. who is a very able legis- lator and a very compassionate person but I think we are talking about situa~ tions where our young people can actually flaunt the will of a court. I am thinking of a couple hypotheticals. If 

we have a truant, an Ohio youth who has 

been a traditional runaway, a repeat offender who has had court problems a.nd 

goes to California where he is appre- hended, would the gentleman tell me if 

it is possible for a court in California to 

held that youth for either ·his parents or under a valid order of a court in my State of Ohio? 

H.R. 6704 does not ignore the {act that 

chronic status offenders deserve special attimt:on, Title ill of this legislation authorizes funding for demonstration 

projects to develop special programs to 

ass!st with chronic runaways, including those who run from treatment facilities 

where they have been placed by the 

court. 

Judges should use their expertise and 

knowledge to provide placements and 

treatments that will' help a child over- come his or her problems and prevent that child from advanCing from non- crlmlnal to criminal activities. Incarceration is.dlmcult to justify as either a treatment or a punishment. Status offenders rarely receive cOlUlSeling that 

meets their specific emotional and men- tal health needs while institUtionalized, 

Indeed, secure incarceration masquerad- ing as rehabilitation serves only to in- crease our already critical crime rate by providing new students for what have 

become institutionalized schools for 

crime. If status offenders are incarcerated for punishment purposes, institutionalization punishes the less serious 

offender more than the criminal offender. 

The availability of alternatives as pro- vided under H.R. 6704 greatly enhance 

the options available to juvenile court 

judges for rehabilitation without the 

harmful stigmatization that can accom- pany contact with the criminal justice 

system. The fact that a youth runs away from a treatment facility, rather than 

demonstrating any intentional affront to 

the court's authority, is merely sympto- matic of the very problems for which 

shelter care was originally provided. 

If adopted, this amendment would 

permit us to lapse back to the lazy method of confinement rather than try- ing to deal with a child's problems in a positive manner. I do not believe my colleagues in the House of Represcntatives wish to change a law that has been in 

exisu'nce since 1974 to allo·,v court orders 

Which provide criminal sanctions for 

noncriminal activities. Such court orders are particularly troublesome because 

status offenders do not enjoy many of 

the due process guarantees and protec- tions that are afforded to delinquents The evidence which lead the Congr~ss to enact the original deinstitutlonalization prOVisions of the Juvllnile Justice 

and DellIlqUency Prevention Act are as compelling today as they were in 1974. 

I urge my colleagues to defeat this 

amendment. 

Mr. ASHBROOK. Mr. Chairman, will 

my colleague yield? 

Mr. KILDEE. I would be glad to yield 

to the gentleman from Ohio. 

The CHAIRMAN. The time of the g~ntleman from Michigan has again ex- pIred. 

(At the request of Mr. ASHBROOK and 

by unanimous consent, Mr. KILDE~ was allowed to proceed for 2 additional minutes.> 

Mr. KILDEE. I yield. 

Mr. ASHBROOK, Mr. Chalnnan. I 

216 

It is my understanding that unless we have an amendment of this kind it is 

difficult or almost lmPD6Sible for a 'court 

to hold that runaway in a secure facility until the parent shows up or the Ohio 

court can take some action. 

Mr. KILDEE. I would be glad to re- spond to the gentleman from Ohio. 

First of all, very often those children 

stay on the street, stay out of town stay in California for fear that if they return 

they wlll be incarcerated, which could 

happen under the gentleman's amendment. 

.My juvenile justice judges in my juris- diction are opposed to the amendment 

They have told me that the present law 

hl.'8 required them to use their ingenuity and they find no problem with the present law. They recognize that it is easier 

to lock someone up, but they have been 

required to use their ingenUity. Very often the threat of incarceration really will keep that person on the street or out 

of town or out of the State. Very often, 

to very complex problems, there can appear to be a simple solution: but my judges have a very good program in my 

jurisdiction and they disagree with this 

amendment. 

Mr. ASHBROOK. Well, if my colleague will yield further, I appreciate his response but he did not answer my question. If the runaway goes to the gen- tleman's jurisdiction, What ingenious 

way are we talking about that they can hold the youth until the parents show Up? 

Mr. KILDEE. In other States? 

Mr. ASHBROOK. Yes. California, as I 

gave in my original hypothetical or your State, Michigan, 

Mr. KILDEE. They can hold them for 

24 hours in a secure !acility without being a. violation of this law, I am told by counsel. 

Mr. ASHBROOK. Are YOU sure the 

youth can be held 24 hours without 

there being any violation of law? 

Mr. KILDEE. Yes, I am adVised by counsel that is the case under this law. 

Mr. ASHBROOK, That is not my un- derstanding, ' 

Mr. MILLER of California. Mr. Chairman, I move to strike the requisite num- ber of words. I rise in opposition to the 

amendment. 

(Mr. MILLER of Callfor.nia asked and was given permission to revise and ex- tend his remarks.) 

¥r. MILLER of California. Mr. Chairman, I would hope that the Committee 

and the House when it gets a chance to 

vote on this amendment would vote in 

opposition to the amendment. I think 

.' 

l 

t , 

t .• ,1. ; 

". 

p' 

H 10934 CONGRESSIONAL RECORD - HOUSE Novembe1' 19, 1980 

the gentleman from Michigan (Mr. 

Kn.DEE) has properly tyPified the 

amendment as a step backward, 

I had an opportunity when I was in 

law school to spend some time working in a crisis clinic in a county hospital out 

in California and had the opportunity 

to interview a number of young people who were picked up on the streets, who were brought to the county hospital for 

evaluation, who were picked up for vari- ous activities. These people had run away from home. They were status offenders. They had not shown up at 

school. They had not stayed home, 

Many times when you investigated the 

background of these young people, you found out that they had made, in fact, a logical choice. They had made a choice 

to run away from an absolutely intolerable situation where they were being beaten, where they were being molested, or perhaps they had alcoholic parents who were beating one another up, and 

these children made a determination to 

leave. 

Now. the court can, under this amendment, throw them into jail if they do 

110t return home, because some judge told them to go home: but the judge 

may not understand that, in fact, that 

living situation is intolerable and the 

fact that a young person runs away from 

home or runs away from school, it would seem to me, is a matter for the family to 

try to deal with, not the Federal Government by imposing, in fact, the incaI:ceratlon of these young people in a eiosed facility, 

Now, they leave time and again, but 

I suggest to you as one who has just completed a maior reform of the foster care system In this country, that manv of these young people, in fact. leave 

foster homes where they are being ex- ploited, where they are being' beaten, 

where they fire being sexually molested, 

where alcoholism is present, and t.hey nre deciding that, it does not make sense for a 17-year-old or a 15-year-old to re- main and they leave, 

Now we want to tell them that if they do not go back. as the gentleman from 

Ohio suggested, that thev are going to 

be locked up. Where are they going to 

be locked up? They are going to be 

locked up with some of the worst elements of the young SOCiety in this coun- try, people who have already become 

rrlmlnnls. 

Now, it is nice to believe that somehow 

the Judge or the county system will be 

able to segregate these young people from 

the others; but I know the situation In 

my local area, I know the situation in 

California. We do not have those facilities, They are overtaxed as it is: so these 

people arc going to be out in the juve- nile hall with people who are there ber,lUse of drug peddling, people who are there because of prostitution, people who are there because of robbery or brutality against another citizen, and we are go- ing to take a person who has severe family problems, severe personal prob- lems, and we are going to put them with 

the criminal. I do not think that is what we want to do, 

Mr. RAILSBACK. Mr. Chairman, will 

the gentleman yield? 

Mr. MILLER of California. I would be 

glad to yield to the gentleman from Illinois. 

Mr. RAILSBACK, I could not agree more with the statement that the gen- tleman has just made. If we adopt the 

amendment, as well intentioned as it is, 

and I believe it is well intentioned, we are really not seeking to develop any kind of a more rational alternative. As 

the gentleman pointed out, we may have 

kids that are running away because they have suffered all kinds of harassment or assaults or beatings at home. What a mistake. it would be to then say no, we are going to be able to put you in jail with Rome kid that has committed a very serlot,s offense that may give this so- . called status offender a lesson in nrlme. 

I cou·.~ llOt agree with the gentleman more. Also, I want to point out that under 

the bill, as I understand it, there is a provision for some demonstration projects that, hopefully, will come .uP with some more useful alternatives, 

The amendment before us would per- mit the placement of noncriminal juve- niles in secure facilities for violation of a valid court order. If this amendment is 

approved, a child could be incarcerated 

for truancy, running away, or simply failing to obey his parents. In 1974 I strongly supported what I 

considered to be the focal point of the 

Juvenile Justice Act and differentiated 

that act from previous legislative efforts 

relating to juvenile justice, This important provision, contained in section 223 

'(a) (12), requires that participating 

States remove all juveniles who have 

committed offenseS' that would not be 

criminal if committed by an adult-that 

is, status offenders-and nonoffenders 

such as dependent or neglected children, 

from secure detention or s'acure correc- tional facilities. The Office of Juvenile 

Justice and Delinquency Prevention re- port.s that in fiscul year 1979 33 States 

and territories demonstrated substantial 

compliance with the deinstitutional1zatioll mandate, and an additional 13 

States showed slg'llificant progress toward substantial compliance. I felt in 

1974, and continue to feel, that attainment of that national goal is important 

to the juvenile justice system. 

In my view, the young status offender 

should not be subjected to incarceration 

with juveniles who have been charged with or who have actually committed 

offenses.·Indications are that status offenders incarcerated with juvenile offends are more susceptible to future 

encounters with the juvenile justice system and become more likely to commit a serious offense. These secure facilities 

frequently become "schools of crime" 

and help to teach criminal patterns of 

behavior. Furthermore, contact with the 

juvenile facility serves to label young people as "trOUblemakers" or "prob- lems," a stigma which they may not be 

able to overcome. I feel that we should 

continue to try to achieve the more posi- tive goals of deinstitutional1zation of 

status offenders or nonoffenders. 

I recognize that chronic status offenders pose a special problem for juve- nile court judges but feel that the alter217 

natives such as community-based treatment, diversion of offenders from the 

juvenile courts and institutions, and 

programs to keep potential dropouts 1n 

schOOl are fa::- preferable and much more likely to yield positive behaviol' 

changes. By requiring the delnstitutionalization of status offenders, these youths 

will be direct to those agencies most 

capable of dealing with their human and 

social needs. 

H.R. 6704 addresses the issue of the 

chronic status offender by authorizing funding for demonstration projects to 

develop special programs to assist with 

chronic runaways, including those who 

repeatedly attempt to leave treatment 

facilities whJ)re they have been placed by the court, The vast majority of status 

offenders are not in the "noncontrollable" category and should not be under 

the constant threat of incarceration. 

In conclusion, I believe that if we want 

to prevent the development of criminal 

careers, we must remove status offenders 

from secure facilities. This amendment 

would effectively undermine the purposes of the 1974 Juvenile Justice Act and 

would help to negate the progress which we have made in the area of juvenile justice. Therefore, I urge you to join with me in opposing this amendment. 

o 1130 . 

Mr, MILLER of California. Mr. Chairman, I just want to say that it also occurs that there are a number of young people who do not go to school and they do not 

go to school for a reason. They are absolutely in fear of showing up at that facility because they are constantly exploited, they are beaten on a daily basis, their 

lunch money is takell from them. So they quit going. So they are picked up and 

they are truants. 'rhe courts get involved 

and because they do not want to go to 

school they are told that they are then 

in violation and now we can lock them 

up. 

We have just had a colloquy here on school violence. The gentleman knows one does not have to go too far down the 

street to run into it. 

The CHAIRMAN. The time of the 

gentleman from California (Mr. MILLER) 

has expired. 

(By unanimous consent Mr. MILLER of 

California was allowed to proceed for 3 

additional minutes.> 

Mr. MILLER of California. I think we have to understand that many of these 

young people are then placed, if the 

gentleman's amendment is passed, are placed in the intolerable situation of 

they can either go back to intolerable 

living situations, either in their family, in a foster home, at the school, or they are going to jail. I suggest that that does 

not lead to rehabilitation, that does not 

lead to the solving of the problem. So 

why do we not just keep the long arm of 

the' Federal Govenunent out of these 

people's lives? Why do we not require the 

courts to become more creative, that the 

courts understand the underlying prob- lems, the underlying problems these 

young children are fleeing from? 

I would have much more sympathy for 

the amendment if it said, in fact, they could hold the young person for 24 hours, 
November 19, 1980 CONGRESSIONAL RECORD -HOUSE H 10935 

'72 hours, or what-have-you, until the <At the request of Mr. ASHBROOK .and 

parents can come and get them. What by unanimous consent, Mr. MILLER of 

the gentleman w111 flnd out in many In- CaUfornla was allowed to proceed for 2 

stances is that they can hold the children additional minutes.) 

and no parents are gOing to show up to Mr. MILLER of California. I yield to 

get them. But the LAPD has trouble with the gentleman from Ohio. 

them because they are on the street and Mr. ASHBROOK. If my colleague wlll 

because they are young, But nobody is yield further, YOU miss the entire point. coming from Ohio to claim them because For you as an adult or for me to Violate 

they do no~ want theIr .kids. That is a a valid order of a court. does the gentlevery brutal side of our ~ives in this coun- man not think that it would subject me try but, in fact. it is true. to some penalty? . So that child gets locked UP. I think Mr. MILLER of California. What is the we are really falling t,o deal with the underlying order of that court? The un- sit,uation, faUing to allow the good parts derlying order of that court is related to 

of this act to be brought :\nto effect to trY the gentleman's beht1.vior which Is, in 

to help these young peopl,e and help their fact, not a crime. What the gentleman Is 

famllies. The gentleman is being very doing is bootstrapping. This is'what Is 

arbitrary because this is really a very called Federal bootstrapping. The gen- good amendment for a lazy judge. All tleman would be bootstrapping an innothat he has to do is lock the child UP cent Individual into a situation where 

and somehow that t.hreat is going to turn they became a criminal. I do not think 

around years of problems these young that is what the gentleman wants to do 

people have. to young people. 

Mr. ASHBROOK. Mr. Chairman, will Mr. ASHBROOK. I also think we do 

the gentleman yield? not want to place young people in the 

Mr. M7LLER, of California. I yield to position where they can flaunt a "alld 

t.he gentleman from Ohl0, . order of a court. You allow the opposite 

Mr. ASHBROOK. My colleague paints of bootstrapping, YOU would let the young an Interesting and. I would say, In many offender go on his merry way by incapt'.cl- instances a ncvel picture. F'llst of all, my tating the judge to act in these circumfriend indicated he wanted to keep the stances. . long arm of the Federal Government out Mr. MILLER- of California. What 

of these situations. It is precisely the would the gentleman do as an adult If 

long ann of the Government In the form the court. order was to send the gentle- of our 1974 enactment that has forced man back to his home where he was the local judges Into the pOSition they beaten on a regular basis? What would now flnd themselves. I am merely trying my colleague do as an adult? 

to amend the law so we return to the Mr. ASHBROOK. Are you saying the 

proper position where judges can make juvenile cannot bring those facts before 

a valid court order mean something. a judge? Are you saying that judges Ilre 

My colleague has not addressed the so callous that they never side with the ~ltuat1on on how he feels we enhance juvenile? That has not been my experi- Justice in this country by allowing young ence nor do I believe it is the experience r.r.ople to flaunt a val1d order of a court. of the majority of legislators who will 

How does the gentleman address that vote on this Issue. 

particular problem? That Is what I am Mr. MILJ..ER of Cal!fornla. What 

talking about. I am talking about the would ·the gentleman do if he were 15 

chronic offender. years o'j, t. child, and were sent back to 

Mr. MILLER of Cal1fornla. But they I- ,s fr:.ther. who may be my size who Is 

have committed no crime. .,.eating him on a regular basis? Maybe What the gentleman is doing here is l,1<; gentleman would be afraid to tell the 

escalating that activity. which Is not j"dge why he left home for the fear that 

currently a crime. and making it in fact. h( was about to be sent back to that 

at least makmg the penalty very similar hOCle and would be beaten or killed. 

to a crime. Not everything individuals Whtlt would the gentleman do as a 14-

do in the nature of personal freedom to- 15-, or 16-year-old child? ' 

dny Is a crime. Mr. ASHBROOK. My fri,end has adMr. ASHBROOK. If my colleague will vocated getting the Federal Government 

yield further. my colleague Is again ad- into the home in domestlc matters where 

vocating a very novel idea. that violating there is wife abuse. What I~, the next a val1d order of a court is not a crime. step? ~here are many Americans who would Mr. MILLER of California. NIl). No. No. 

nnd that rather interesting. If an adult I will not have my position char,'1,ctel.'ized 

violates a valid court order. would yoU In that fashion. 

suggest a judge can do nothing? You I am an advocate of helping the! vicmust be kidding. tims who have left home and wh,o are 

Mr. MILLER of California That is not out ,on the streets, providing sel'vlces, 

It at all. The question Is th~ gentleman not getting into the home. The PC'lliae go is dealing with a young person who is int? the homes and they get shot. I will 

engaged In an activity that If that per- wmt until the person p,omes oul

• of the son were an adult. which in some States home. 

may be 18. may be 21. it would not be a Mr. ASHBROOK. I would ask. my colcrime. Why are we making it a crime league where is his concern for the vic .• for this person? tilns of juvenile crimes. 

The CHAIRMAN. The time of the Mr. MILLER of California. These are ~:~~~man fin rom California (Mr. MIL- not criminals. These are people who have 

a.s aga expired. no shelter. These are people who are 

218 

~! I 

wandering around the streets. These are people who cannot go home. If they com- mit a crime, we have a whole body of law 

to deal with them, and they can be lOCked 

up forever. We are not talking about that. 

I want the gentleman to answer the 

question: What would he do as a young 

person who is put into the position of the 

court telling him to go back to his home 

where he is beaten on a regular basis? 

tt happens every day In this country. 

The CHAIRMAN. The time of the gen- tleman from California (Mr. MILLER) has 

again expired. 

(By unanimous consent, Mr. MILLER of 

Cal1fornia was allowed to proceed for 2 

additional minutes.> 

Mr. MILLER of California. I yield to 

the gentleman. 

Mr. ASHBROOK. I would not flaunt 

the will of the court. Also, tell the victims 

of juvenlle crime they have not been 

raped. mugged, or assaulted by a criminal. 

Mr. MILLER of California. You would 

not flaunt the wllI of the court? The child 

cannot go back home, I would say to the 

gentleman, and that is the problem. The 

gentleman knows the incidence of child 

abuse In this country. The gentleman knows the number of children who leave 

those homes. The gentleman Is saying to 

them that If they do not return to that 

situation, If they do not return to a situation where they may be killed. be- cause they also know we see a lot of them 

in the morning where they may be killed 

then they have to go to jail. That Is not 

flaunting the will of the court. That is 

embracing an arbitrary court and a lazy judge who does not want to recognize what Is going on. The gentleman would be pitting some 14-year-old youngster against his family and having him speak up and say, "My father beats me," or some young girl say- ing, "My father sexually molests me. I 

cannot go home." That is what the gen- tleman is asking to be done, because If 

they do not, they can go to jan and then 

be beaten, they can go to jail and then 

be sexually molested If the gentleman's amendment is passed. The gentleman's amenpmcllt ought to be rejected for that reason. . Mr. ASHBROOK. Again my colleague advocates the very novel Idea that a 14-

¥ear-old has judgment superior to the 

Judge of the court. I think that is ex- treme. 

Mr. MILLER of California. The gen- tleman has not answered the question of 

whAt, would he do In that Rituation. I 

would ask the gentleman: What would 

yoU do? Would the gentleman just gO home and let his father beat him and 

stay there until 18 or 21 years of age so he could leave home? Is that what the 

gentleman would do? 

Mr. ASHBROOK. My colleague has 

indicated in the debate that In every case a court Is going to throw them in jail. He knows that is not so. 

Mr. MILLER of California. No. No. We 

only have to do It in one or two cases. Mr. ASHBROOK. The judge should 

have that option. That is what I am talking about. That is What my amendment would do. 

H 10936 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

Mr. MILLER of California. We only have to do it in a few cases where we end up with a few children that are battered and beaten again. The gentleman knows the statistics and the number of 

homes in which this takes place. 

Mr. ASHBROOK. Yes. and we only have to let a few youthful offenders 

flaunt the law and others will know that 

they can get by with It, and thnt will en- causes wllere the youth are not battered or beaten. 

Mr. MILLER of Cal1fol'llia. Can the 

judge not find them In contempt of 

court? I would ask the gentleman that. 

Does not the judge have the power to 

find these people In contempt of court? 

The whole point of the amendment is 

that Is the body of law that Is on the 

books. 

Mr. ASHBROOK. That is exactly what 

I am talking about, a court order. You 

make my point. A valid court Clrder Is a prereqUisite to what you call a contempt citation. You should vote for my amendment. 

MI'. COLEMAN. Mr. Chairman, I move to strike the requisite number of words. 

(Mr. COLEMAN asked and was given permission. to revise and extend his re- marks,) 

Mr. COLEMAN. Mr. Chairman, I think we have a real dilemma and it is not 

really as simple as some of the advocates 

have made it sound so far. 

First. of all. the amendment, as pro- posed, I think would be rarely used as far as a juvenile judge would go. 

o 1140 

First of all, it could never be used 

where the juvenile As a first Offender. It 

Is only after he has gone through the 

process with the juvenile court and the 

juvenile court has instructed this juve- nile to take counseling or to attend school or to do some act. T.\1e juvenile has not 

committed a crime UP to this point: he 

simply has not gone !.I) school. That Is 

not a crime. 

The fact of the matter is, however, at some point there has to be some final determination and authority vested in our court system, and our court system has 

to back up its orders in some way. The gentleman from California (Mr. 

MILLER) has Indicated that he does not 

understand that a .person can go into 

civil court. who has never committed a crime, and be ordered by a judge to per- fonn some thing, and this some thing 

may be to pay his wife alimony. It may 

be tn pay child support. It may be to do 

good deeds on the weekend. It may be to 

attend schOOl. TIle fact of the matter Is, 

however. If you violate that court order 

based upon a civil wrong, you have then 

committee a crime. The crime Is the 

commission of the violation of the court 

order. It Is separate from the original jurisdiction of th~ court as to why the 

person Is in court. If we do not ever back 

up our court orders with a contempt-ofcourt citation, there Is not any judge 

in this country, juvenile or adult, who 

would ever have any final bottom Une 

authority. That is the purpose of this 

amendment. to Give flnal bottom line 

authority. 

You have given the juvenile the oppor- tunity to go to school or to a.ttend coun- seling. He has refused. The judge has 

taken an extensive record. He has called 

In the !:arents, he has called In the school 

officials. he has called In the juvenile Officer, he has called in the social worker. 

He has before him a full record of what 

this juvenile's problems are. I suggest that any judge who would 

require a jUvenile to return home as has 

been discussed here by Mr. MILLER obviously Is not performing justice and 

should be removed from the bench. But 

the fact of the matter Is we have gotten hundreds of. thousands of youths who, 

If this amendment is not passed, can simply thumb their noses at the judge and know that nothing-absolutely nothing-will happen to them. We need 

to have a contempt-of-court citation in 

the clvll law. This is basic to our juris- prudence in this country. It is beyond me that we can even discuss It and debate 

this on the floor of the House of RePl'esentatlves. It is as clear p.s the all' we breathe. This has always been part of our court system. It is not anything different from what has been here for hundreds of years In this co.untry. All we are saying is that a juvenile Judge, un- d,.er the law. will have this authority. Certainly he will have all the record before him to make this decision. We hope that all judges, everywhere, make right decisions. We hope all Congressmen everywhere make right decisions. If 

they do not, there Is nothing we can do 

about it. We' just hope that they clm. 

I think It is a very fair amendment, 

frankly. and one Which the judges re- quire and need to have as a backup. 

Mr. KILDEE. Mr. Chairman, wllI the 

gentleman yield to me? 

Mr. COLEMAN. Mr. Chairman, I yield 

to the gentleman. 

Mr. KILDEE. My district contains 

Genesee County which Is a very microcosmic county. It has a large city with 

minorities. It has suburbs; it has a farm area. My juvenile justices feel they have 

been reql,lired to use their Ingenuity un- der the 1974 act. They find no problem with that. 

Mr. COLEMAN. Let me ask a rhetorical question: What ·d.:>es the judge do 

with Ingenuity when the child comes In 

and says, "Judge, take a ride. I know 

what the law is. You cannot do a darned 

thing to me"? Do you know what? 'l'he 

judge knows the law. He cannot do liny- thing to him. I do not know if there Is 

any ingenuity involved with it. I think it 

Is who is running our court system, the 

people In front of It or the people who 

have been empowered by the people-the Judges. 

The CHAmMAN. The time of the gen- tleman has expired. 

Mr. RAILSBACK. Mr. Chairman, I move to strike the reqUisite number of 

words, and I rise in opposltlon to the 

amendment. 

Very briefly. I just want to make the 

point that as I understand it, under sec- tion 15(b) the committee provided for 

supplemental grl\ilts to runaway centers 

which are developing in cooperation with 

219 

the local juvenile court and social service 

agencies, the personnel, the model programs designed to provide assistance to 

juveniles \llho have repeatedly left and 

remained away from their homes or from 

any facilities in Which they have been 

placed as a result of an adjudication. My feeling Is that in the absence of 

coming up with alternatives. we make a mistake by taking this rather seriouG 

step of saying yes, the court In the case of a habitual runaway does have the 

right to put that child in with somebody who has committed a serious offense. I, 

for one. believe that the committee has 

addressed the problem. I think we want 

to reemphasize to the Secretary the importance of trying to develop usefUl alternatives; but I do think we make a mistake by adopting the amendment. 

I hope we defeat the amendment. ~.1:r. ASHBROOK. Mr. Chairman, I rise 

in support of the amendment. 

The CHAIRMAN. Without objection, the gentleman Is recognized for 5 

minutes. 

There was no objection. 

Mr. ASHBROOK. Mr. Chairman. I 

take this time because I think my friend, 

the gentleman from Michigan (Mr. KILDEE) put in the record something at least 

in my opinion is not accurate. I posed the 

question of a recurring offender, a truant, a repeater youth who had been in trouble going to California; and I asked him 

how that youth could be incarcerated or held In a secure facility while a parent came to pick that youth up. My friend, 

the gentleman from California (Mr. 

MILLER) says the parent does not want 

to come. That may be. But do not be 

diverted by that scenario. I am talking about a situation where the parent wants 

to·come. Will the gentleman teli me. un- der law how the judge In California can hold the Ohio youth untll the parent gets there? 

Mr. KILDEE. If the gentleman w111 

yield, It Is in the rules and regulations. The de minimis rule for holding for a short period of time Is in the rules and 

regulations. That rule and regulation. I 'would say to the gentleman from Ohio 

(Mr. ASHBROOK), Is based upon the com- mittee reports of 1974 and 1977 ancfalso 

the conference reports. The rules and 

regulations are not just something dreamed up by someone over in the 

agency. They find their genesis in the 

committee reports of the Congress in 

1974 and 1977. 

Mr. ASHBROOK. Well, we have established it is not in the law. I did not think so. Does the gentleman have the rule 

and regulation so we can see It? 

Mr. KILDEE. If the gentleman will 

yield, the rule and regulation is in place. The counsel asSures me that that is the 

rule at the present time. The (lenesis, the 

roots for that rule are the committee re- ports-reports from this body, ,the U.S. 

Congress. The agency Is not using its own ingenuity or initiative. It derives 

tha.t regulation from the reports from 

the Congress. 

Mr. ASHBROOK. It is the statement 

of the gentleman to his colleagues in support of this bill that a Judge in Califor-
November 19, 1980 CONGRESSIONAL RECORD-HOUSE HI0937 

nia has the tool of a valid rule and regulation that he can implement to hold an Ohio youth who is not a first offender, 

a. truant, a repeat offender,' in a secure 

facility? ' 

Mr. KILDEE. That is what the counsel advises me; yes. 

Mr. ASHBROOK. I would simply saY 

that is not my understanding. That is 

not what my judges are telling me. I would say even if that 'were the case, 

my l'olleague is taking the unique position of allowing bureaucrats to determine 

what th~ law is and-worse, what the 

law should be. I do not think that has 

merit. I would say to my colleague from 

Illinois-for whom I have great respect as one of the senior members of the 

Judiciary Committee-I do not really 

think holding out pilot projectS that 

sometime. someplace in the future these 

pilot projects might bring about a change 

is a positive way to address a very serious 

problem is an answer either. It would 

be a llt.tJe bit like meeting a thief at the 

door and my friend, the gentlema,n from 

Illinois, showing the WOUld-be felon the 

Kerner report and saying liDo not commit t\ crime; look at what crime leads 

to." Nice theory but it will not deter 

crime. What my colleagues who oppose 

this amendment are advocating is to re- move from the juvenile .judges the basic 

authurity a court must have. 

I do not think in the real world when 

you are talking about the necessity of 

judges having the option to incarcerate 

or to hold in a secure faciIity a youth. 

that talking about what can be done 

down th(\ road under a pilot project or 

some vague rule which we do not even havCl here on the fioor, which we have 

only been assured by counsel is aduall:v 

valid-is really the way to legislate. What we are talking about is giving a judge a 

legitimate. proper option he should have. 

My friend, the gentleman from California (Mr. MILLER) kept referring to a 

judEN throwing a youth in jail as if that 

would bE' done in every situation. We are not talking about a judge throwing a youth in jail. We are talking about a 

judge having 011 option to do that. He 

should have that option. A§ my colleague, 

the djsf;ingujsh~d subcommitee ranking 

minority member has so ably indicated. 

in the overwhelming malorlty of cases this would not happen. However to re- move that option from the judge. to allow a youth ~o flaunt a valid order of a court. and then say we are not going to 

do anything about it, I think is just plain 

irresponsible. 

1'1'11'. RAILSBACK. Mr. Chairman, will 

tho {rel1tIeman yield? . 

Mr. ASHBROO"{. I yield to the gentle- man. from Illinois. 

Mr. RAILSBACK. I thank the genLle- mnn for yielding. I guess what really disturbs me more than anything is that we are talking really about, YOUllg people 

who are runaways. They alre truants. 

They have not committed a serious criminal offense. What bothers me is the gentleman's alternative, in other words. I 

recognize that we have a dilemma. I 

think the gentleman made the point 

very well that .we have .to try to find 

alternatives, but as an alternative for 

somebody who may be a runaway for 

good .reason to get away from a parent 

who may be kicking or, in other words, 

beating him up-I thlnk that we have 

to do something other than to say, no, 

you are going to have to go into that 

jail, even though there may be kids who 

have committed very serious offenses who 

may give that truant a lesson In a crime. 

o 1150 

That is what we are worried about. 

Mr. ASHBROOK. What we are talking 

about is basic. Yes; we are talking about a difficult situation. But as an answer to that, are YOU saying that the court 

should have only limited jurisdiction and 

powers? That the court should not havEl 

the ability in an individual case to Issue an order and do what a ()ourt should and 

must do, have the ability' to enforce that 

order? Is that what you are saying? Are 

you going to say to the juvenile judge, 

"Because it is a difficulL situation, we wash our hands and leave you hanging." 

I do not want to say that and I believe 

most Members do not want to either. 

Mr. RAILSBACK. If the gentleman 

will yield. we really should not be saying 

that. What we ought to be doing is addressing. which I believe the committee 

is trying to do by trying to find some 

really rational, constructive alternatives. 

Despite my respect for the gentleman-and as I said, I think it is a well 

intentioned amendment--I think the 

gentleman is taking the worst of all possible options. That is my problem, 

Mr. ASHBROOK. I would say what 

my colleague. the genil;leman from 

Michigan. said was the worst of aU possible options. He said judlges are using 

Ingenious' ways to get around what he 

a,dmits is a. dilemma caused by this Congress. Think about that. Think of the 

itnpllcat!on of that. In a way, "insenious" 

is a euphem.lsm for extra-legal ways. 

Most of us do not like court.s to use ex· tra-legal ways to solve a problem. Most 

judges do not want to be circuitous. We 

should give them the proper legal option 

to directly discharge their responsibilities, which this amendment would do, 

and I urge my colleagues to support it. 

I.iberals normally would attack the 

judiciary for using Indirect, impromptu 

or Ingenious means to detain a citizen. 

I am shocked that such a course of ac- tion would be heralded as an answer, 

particularly where juveniles are 0011-

cem.cd. 

The CHAIRMAN. The question Is on 

t.he amendment offered by the gentle- man from Ohio (Mr. ASHBROOK). 

The question was taken: nnd' the 

Chairman announced that the noes appeared to have it. 

RECORDED VOTE 

Mr. ASHBROOK. Mr. Chairman, I demand a recorded vote. 

A recorded vote was ordered. 

The vote was taken by electronic device, and there were-ayes 239, noes 123, 

,not voting 70, as follows: 

220 

[Roll N,o. 643) 

AYES-239 

Abdnor Fuqua Addabbo Gaydos AlelllBIlder Gephardt Andrews. N.O. Gibbons 

Andrews, Gingrich N.Da.It. Glickman 

Annunzlo Goldwater 

Anthon('/' Goodling Applegate Gore 

Archer Gradlson 

Ashbrook Grrunm 

Aspln Grassley Atkinson Grisham 

Batalls Guarini 

Bailey Gudger Barnard Guyer Bauma.n Hagedorn Beard. Tenn. lIall. Tex. 

Benjamin Hamilton 

Ben.nett Hance 

Bereuter Hanley B1aggl Hansen 

Boggs Heckler 

Boner Hefner 

Bonker Hightower BouqUAl'd HIJII.8 

Bowen Hinson 

Breaux Holland 

Brinkley Holt 

Broomfield Hopkins Broyhill Horton 

Butler Hubbard 

Byron Huclmby Carney Hughes Chappell Hutto 

Cheney Hyde Clausen Ichord 

Oleveland Ireland 

Clinger Jacobs 

Coleman Jeffries 

Collins. Tex. Jenklllll 

O<mable Jones, N.O. 

Conte Jones. Tenn. 

Corcoran Kazen 

Coughlin KlndnBS8 

Courter Kramer 

Crane. Philip Lagomarsino DanIel. Dan Latta 

Daniel. R. W. Leach. Iowa 

Dannemeyer Leach. La. 

DnRcllie Leath. Tex. 

Davis. S.O. Lee de 10. Garza. Lent 

Derrick Levltas 

Devine Lewis 

Dicklnnon Livingston Dicks Lloyd Dornl3.lW Loeffier 

DoUgherty Lott 

Duncan. 'I'snn. Lujo.n Edwards. Ala. Luken 

Edwards, Oklo.. Lunln'en Eme~ Mcrno~ 

English McDade 

Erlenborn MrDonald 

Ertel McEwen 

Evans. Oa. MrKay Evans. Ind. Ma'llgall F'ary Mar'k8 

FasceU Marlenee 

I"errnro Marriott 

Findley Martin 

Fish MathIs 

Flthlan Mavroules 

Flippo Mica 

l<'oley MllIer. Ohio 

Forsythe Minish 

Fountain Mitchell. N.Y. 

Fowler Mollohan 

Frenzel Montgomery l<'rost Moore 

NOES-123 

Moorhead, Calif. 

Mottl 

Murphy,m. 

Murtha 

Myers. Ind. 

Natcher 

Nelson 

Nichols 

Oakar 

Panetta 

Pashayan 

Patterson 

Pease 

Perkins 

Peyser 

Pickle 

Preyer 

Pritchard 

Quayle 

Qulllen 

Ra.tchford 

Regula 

Rinaldo 

Ritter 

Roberts 

Robinson 

Rose 

Rostenkowskl 

Rousselot 

Royer 

Rudd 

Santini 

SawYer 

Schulze 

SebellUll 

Sensenbrenner 

Sharp 

Shelby 

Sh1lster 

Skelton. 

Sm1th,Iowa 

Smlth, Nebr. 

Snowo 

Snyder 

Solomon 

Spence 

St Gennn.ln 

staggers 

Stal1~eland 

Stanton 

Sten.holm 

Stoclunnn 

Strattcm 

Stump 

Symms 

'I'auzln 

Tho= 

Trible 

Ullman 

Vander, lagt Volkme! 

Wall;ren 

Walker 

Watkins 

Whltloy 

Whlt.ta,ker 

Whitten 

Wilson. Tex. 

Wlnn 

Wright 

Wyatt 

Wylie 

Ylltron 

Young. Alaska 

Yonng. Flo.. 

Young. Mo. 

Zablocki 

Zeterettl 

Aknko. 

Alb06ta 

Anderson, 

Brodhead Dellums 

CAlif. 

Auooln 

Baldus 

Bnrnes 

Bedell 

Bellenson 

Blnghnm 

Be-land 

Bonlor 

Brademea 

Bucluman. Derwlntlkl 

Burton. John Dilton 

Burton. Pllllllp Downey cavaIl&ugh Duncan. ,Oreg. Chisholm Early ClaN Eckha.rdt 

Coelho EclA'nr 

Con;yers Edw/l.rds, O/l.l\f. 

Corman Erdahl 

D' Amours Puzio 

Danielson FenwIck 

Davis. Mich. Fisher 

~.~ 

... 

.' 

i . 

i~' " 

r 

i 

" 

" ~ 

.~ 

r ;j !, 

\ .~ 

HI0938 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

Ford, TIlDl1. Lundine RoIen.tbal 1974 to extend the authorization of 

Roth appropr1atlons for such act, and for 

~~ other purposes, pursuant to House ResoGiaimo . McHugh Oilman MA«ulre 

Sabo 1utlon 732, he reported the bill back to Gonzalez MarkeY 

Gray Matsui 

Scheuer the House with an amendment adopted 

:0::: by the Committee of the Whole, 

Green . Mattox 

Hall, Ohio Mazzoll 

Shannon The SPEAKER. Under the rule, the Hammer- MiItuLaitt 

ICbmldt Miller. Callt. 

Simon previous question Is ordered. 

Sl)lal'll Is a separate vote demanded on any 

Harkin Mlneta 

Harrts Mitchell, Md. 

:t:~ amendment to the committee amend- IIawk11l.8 Moaltley Hollenbeck Moorhead, P&. Holtzman Murphy, Pa. stewart ment in the nature of a substitute Ho~ Nowak 

Hutchlnaon Oberstar Stokes adopted by the Committee of the 

~;=. Whole? If not, the question is on the 

Van Deerlln amendment. , Vanllt The amendment was agreed to. 

Jeffords Obey JOhllSOD, O&llt. Ottinger 

~~~an The blll was ordered to be engrosed weaver and read a third time, was read the third 

Jones. Olda. paul Ko.stenmeler Pepper KUdee PetrI 

Kogovsek Porter 

Koatmayer Price 

Le,Falce Rahall 

Weiss time, and passed, and a motion to re-

~m~:ms. Mont. . consider was laid on the table. 

Wirth Mr. ANDREWS of North Carolina. Mr. Lehman Railsback 

Leland Ro.ngel Long, La. RIUlII 

Long. Md. Richmond Wolpa Speaker, pursuant to the provisions of 

Yates House Resolution 732, I call up the Sen- Lowry RocIlno 

NOT VOTING-70 

Ambro 

Anderson. 111. 

Ashley 

Badham 

Beard.R~. 

Bethune 

BevlU 

BlalllChard 

B01l1ng 

Brooks 

Brown. CaUf. 

Brown. Ohio 

Burgener 

Burlison 

Campbell 

Oart' 

Carter 

C0111ns, D1. 

cotter 

Crane. DanIel 

Crockett 

Deckard 

Dingell 

Dodd 

Donnell), 

Drman 

Evans. Del. 

Florio 

Ford.Mlch, 

Oarcl.a 

Ginn 

Harsha 

Heftel 

Jenrette 

John90n. Colo. 

Kelly 

Kemp 

Lederer 

McOlollitey 

McCormack 

McKinney 

Michel 

Motrett 

Murphy. N.Y. 

Musto 

Neal 

Nedz\ 

Nolan 

o 1200 

O'Brien 

Patten 

Pursell 

Rhodes 

Roe 

Satterfield 

Shumway 

spellman 

Steed 

Swift 

Tauke 

Taylor 

Thompson 

Traxler 

Udall 

Wampler 

Whitehurst 

Wl11lams. OhiO 

Wilson.. Bob 

Wilson. O. H. 

Wolff 

Wydler 

The Clerk announced the fonowing 

pairs: 

On this vote: 

Mr. Wampler for, with Mr. Florio against. 

Mr. Taylor for. with Mr. Patten against. 

Mr. Michel tor, with Mr. Thompson against. 

MI'. Campbell lor. with Mr. Garcia against. 

Mr. Burgener for. with Mi'. Moffett against. Mr. Badham for. with Mr. Ford at Michigan 

IIgalnst. 

Mr. Dnnlel B. Crane tor. with Mr. Dlngell 

agnlnst. MI'. GHm for. with Mr. Nedzl against. 

Messrs. LONG of Maryland, AuCOIN, 

and WEAVER changed their votes from 

"aye" to "no." 

So the amendment was agreed to. 

The result of the vote was announced 

as above recorded. 

o 1210 

The CHAIRMAN. The question is on 

the committee amendment In the nature 

of a substitute. Il"o amended. 

'1'he committee amendment in the 

nature of a substitute, as amended, was 

agreed to. 

The CHAIRMAN. Under the rule. the 

Committee rises. 

Accordingly the Committee rose; and 

the Speaker' having resumed the chair, 

Mr. GORE. Chairman of the Committee 

ot· the Whole House on the State of the 

Union. reported that that Committee, 

having had under consideration the bill 

CH.n. 6704) to amend the Juvenile Justice and Delinquency Prevention Act of 

ate bill (S. 2441) to amend the Juvenile 

Justice and Delinquency Prevention Act 

of 1974, and for other purposes. 

The Clerk read the title of the Senate 

bill. 

MOTION OFFERED BY MR. ANDREWS 

OF NORTH CAROLINA 

Mr. ANDREWS of North Carolina. Mr. 

Speaker, I offer a. motion. 

The Clerk read as follows: 

Mr. ANDREWS ot .North Carolina moves to 

strike out aU nfter the enacting clause of 

the Senate b1l1. S. 2441. and to insert In lieu 

thereof the provisions ot H.R. 6704. as passed. as follows: . SHORT Tn'LE, 

SFo(.."TION 1. This Act may be cited as the . "Juver~l1e Justice Amendments of 1980". 

AUTIIORIZATION OF APPROPRIATIONS 

SEC. 2. (a) Section 261(1\) ot the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5671(0.» 1.8 amended-

(1) by striking out "e150.(100,000" emd aU 

that tollows through "1979. and": Rnd 

(2) by striking out "for the fiscal year ending September 30. 1980" and Inserting In lieu 

thereof "tor each of the 11scal years ending 

September 30. 1981. September 30. 1982. 

September 30, 1983. and September 30, 1984". 

(b) Section 341 (a) of the Juvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.C. 5751(0.» Is amended by striking out 

"June 30. 1975" and all that follows through "1980" and Inserting In lieu thereof the tollowing: "September 30. 1981. September 30. 

1982. Septenlber 30. 1983. and September 80, 

19B4". 

FlI>:IIINDS 

SEC. 3, Section 101 (a) of the Juvenile Justice and Delinquency Prevention Aet ot 1974 

(-l2 U.S.C. 6001 (a» Is amended-

( 1) In paragraph (4) thereof. by Inserting 

"alcohol and other" aCter "abuse": 

(2) In paragraph (6) thereof, by striking 

out "and" at the end thereot: 

(3) III paragraph (7) thereof. by striking 

out the perrod at the end thereof and insertIng In lieu thereof ": and": and 

(4) by adding at the end thereof the follOWing \lew paragraph: 

"(8) t.he Juvenile justice system should 

give additional attention to the problem ot 

juveniles who commit serious crimes. with 

part1cltlar attention given to the areas ot sentenl'ln~. providing resources necessary tor 

Informed dispositions. and rehab1l1tatlon.". 

PURPOSE 

SEC. 4. (a> Section 102(a) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C.5002(a» Is amended221 

(1) In paragraph (6) thereof, by striking 

out "and" at the end thereot: 

(2) In paragraph (7) 'thereof, by strlklng 

out the period at .the end thereot and Inserting In Ueu thereot ": and": and 

(3) by adding at the end thereof the following new paragra.ph : . "(8) to assist State and local governments 

In removing juveniles trom Jails and lockups for adults .... (b) Section 102(b) (1) Of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U .B.C. 5602 (b) ( 1 ) Is amended by Inserting before the semicolon at the end 

thereof the following: ", Including methods 

with a speelal focus on maintaining and 

strengthening the family unit 80 that juvenUes may be retained In their homes". ' 

DEFINITIONS 

SEC. 5. (a) Section 103(1) of the Juvenile 

Justice and Delinquency Prevention Act o! 

1974 (42 U .S.C. 5603 (1» Is amended by In. 

sertlng ·speclal education," atter .. tral1llng .... (b) Section 103 (") of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (012 

U.S.C. 6603(4» Is amended to rend as follows: 

"(4) (A) the term 'Office of Justice Assistance, Research, and Statistics' means the 

Office established by section 801(a) of the 

Omnibus Crime Control and Safe Streets 

Act of 1968: 

"(B) the term 'Law Enforcement Assist- ance Administration' means the administration established by section 101 of the 

Omnibus Crime Control and Safe Streets Act 

of 1908: 

"(C) the term 'National Institute ot Justlce' means the institute establlslled by sec- tion 202(a) of the Omnibus Crime Control 

and Sate Streets Act of 1968: and 

"(D) the term 'Bureau of Justice Statistics' me:lIls the bureau established by section 

302(a) of the Omnibus Crime Control and 

Safe Streets Act of 196B:". 

(c) Section 103(7) 9f the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5603(7) Is amended by Rtrlklng out 

"and any territory or possession ot tile 

United States" lind Inserting In lieu tbereof 

"the Virgin Islands. Guam. American Samon. 

and the Commonwealth of the Norther!l 

Mariana IslandS". 

(d) Section 103(1)1 ot the JU\'elllle Justice 

and Delinquency Prevention Act or 1974 (42 

U.S.C. 5603 (9» Is amended by striking out 

"law enforcement" and Inserting In lieu 

thereof "juvenlle justice and de\lnqtlen~y 

prE/ven tion". . (e) Section 103( 12) oC the JUvenile Justice 

and l)ellnquency Pl'evf,llltion Act or 1974 (42 

U.S.C. 5603(12) Is amended to rend as follows: 

"(12) tile term 'secure detention fac1l1t.y· means any public or prlvl\te residential faclllty whlch-

"(A) Includes construction fixtllres deSigned to physically restrict tile movements 

aud activities of juveniles or other Indlvldunls held In lnwful custody In such faelllty: and . "(B) Is uRed for the temporary piacoment of any Juvenile who Is accused of havIng committed an offense. of any nonolfender. or of any other Individual acoused of having commlted a criminal offense: ". 

(f) Section 103 of the Juvenile Justice and 

Delinquency Prevention Act of 1974 (42 

U.S.C.6603) Is amended-

(1) by redesignating paragraph (13) as paragraph (16): and 

(2) by Inserting after paragraph (12) the 

following new paragraphs: 

"(13) the term 'secure correctional facl11ty' means anv publlc or private reJllden. 

tlal tacl11ty whlch-

.. (A) Includes construction fixtures designed to physically restrict the movements 

and nctlvlt10s of juveniles or other Indlvld. 

, 
Novembe1' 19, 1980 CONGRESSIONAL RECORD-HOUSE H 10939 

uals held III lawful custody in auch facility; 

and . ft d- "(B) Is used for the placem'.lnt, a er a 

prlated tor each fiscal year an amount which 

does not exceed 7.5 percent of the total 

amount appropriated to carry out thll tlttfl.". 

time at appOintment) under the jurisdiction 

of the Juvenile Justice system. The Advisory Committee shall contl!o(lt nnd seek regular 

Input from juvllnlles currently under the 

Jurisdiction ot the juvenile Justice system. judlcatlon and dlsposltioil, of any Juvenile 

who has been adjudicated as having co~­

mltted an offellse. any nOlloffender, or ally 

other Individual convicted at a criminal 

COORDINATING COUNCIL ON JUVENILIl JUSTICE 

AND DELINQUENCY PREVENTION 

otrense' • "(14) the term 'serious crime' means crlml'lal homicide, forcible rape, mayhem, kldl1l:PpUlg, aggravated assault, I'obbery, 

lal'cC!IlY or theft punishable as a felony, 

me-tor vchicle theft, burglary or breaking 

and entering, extortion accompanied by 

threats of violence, and arson punishable as 

a felom'; and". (g) sectloll 103(15) of the Juvenlle J\lStlee and Delinquency Prevt'ntlt'n Act of 

1974. as so redeslgnatild III sllbsectlon (t) 

(1), Is anl('ndetl- " (1) by In~ertll1g "special education, lifter 

IIcduCl\Uonal,"; and .. (2) by s\\·lh.n~ out "and benefit the a~~lct and IIll th.~t follows through ", and his and 

InsN.tlng in lieu thertlo! ", Including services dcslt!:~~'<l to benefit ndrllcts and other useN 

by eliminating' thalr dopendence on alcohol or other l\ddlC'tlve or non"ddlctlve d~!lgS or by coull'oll!:lg their dependence and • 

orrlCE OF JUVENILE JUS'rrCE AND 

DELINQUENCY PIlEVENTION 

SEC. 6. (a) Scctlon 201 (a) of t~e JuvenUe 

Justice and Dtllnquency Preven.ion Act at 

1974 (42 U.S.C. 5611 (a» Is amended by stl'lklng out "Law Enforcement Assistance 

Administration" and Inserting In lieu theroof "under the general authority of the Attornev General". 

(b)' Section 201 (d) of the Juvenlle Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5611 (d» Is amended-

(1) In the first sentence thereof, by strikIng out "direction ot" and all that tollow, 

through "Administration" and Inserting In' 

lieu thereof "general authority of the Attorney General"; . (2) In the second sentence thereof. by 

striking out", subject to the dlrect~,on at the 

Administrator,", and by Insert,~ng prescribe 

regulat!on& for ," before "award ; 

(3) In the third sentence thereof-

(A) by Inserting "of the Law Enforcement 

Assistance Administration and the Director 

of the National lntltute of Justice" after 

"Administrator" the first place It appeara 

therein; and 

(B) by Inserting "of the Omce of Juvenile 

Justice and Delinquency Prevention" after 

"Ad mlnlstrator" the last place It appeara 

therein; and 

(4) by striking out the last sentence 

thereof. 

SEC. 8. (a) Section 206{a) (1) ot the Juvtllllle Justice and Delinquency prevention 

Act ot 11174 (42 U.S.C. 5616(a) (1» Is amended-

(1) by Inl.'el·tlng "tile Sllqretary of Education, the Secretary of Housing ami Urban 

Development. the Director of th~, community Services Administration," after Secretary at 

Labol',"; and 

(2) by striking out "the Secretary of HousIng and Urban Development," and Inserting 

In lieu ~hereor "the Director of the Bureau 

of Prlsolls, the Commissioner at the Bureau 

of mdlnn Alfairs, the Director tor the Oruce 

of Spec-lnl Education and Rehc.bllltation 

Servlc(\s. tile Commissioner for the Admlnlstrn tlon for Children, Youth, and Famllles, 

and the Director at the Youth Development 

Bureau:'. 

(h) SccLlon 206(c) of the JuvenUe Justice 

lind Delinquency Prevention Act at 1974 (42 

U.S.C. 5616(C» Is amellded-

(I) by striking out "the Attorney General 

and'" 

(2 i b~' Inserting ". and to the congress," 

after "1' resident"; and 

(3) by adding at the end thereat the following new sentence: "The Council shall re- view, and make recommendations with re- spect to. any Joint funding proposal undertaken by the Office of Juvenile Justice and 

Delinquency Prevention and any agency represented on the CounCil.". 

(c) Section 205(d) of the Juvenlle Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5616(d» Is amended by strlkh~~ out 

"a minimum ot tour times per year and 

Inserting In lieu thereot "at least quarterly". (d) Section 206(e) of the Juvenile Justice 

and Delinquency Prevention Aot of 1974 «(2 USC 5616(e» Is amended by striking out "m~y;' and inserting In lieu thereof "shall". 

(e) Section 206(g) at the Juvenile Justice 

and Delinquency Preve:ntlon Act of 1974 (42 

U.S.C. 5616{g» la amended by Inserting ':: 

not to exceed '1500,000 tal' each 11scal ,.ear 

betore the period at the end thereof. 

NATIONAL ADVlsoay COIU(ITTES l'Oa JUVEN1L1l 

JUSTIClC AND DELINQUENCY PU;vJ:NTION 

SEC. 9. Part A of title n ot the Juvenile 

JUstice and Delinquency Prevention Act ot 

1974 (42 U.S.C. 5611 et aeq.) Is amended by 

striking out section 207, leetlon 208, and sec- tion 209, and Inserting In lieu thereot the 

following new aeotlon: 

"(4) The President shall designate the 

Chairman trom members appOinted to the 

Advisory Committee. No full-time otllcer or employee of the Federal Government may be 

appointed as a member of the Advisory com- mittee, nor may the Chairman be a full-time omcer or employee at allY State or local 

government. "(b) (1) Members appOinted by the presldell t shall serve for terms at 3 years. Of the 

members first appOinted. 5 shall be appOinted for terms of 1 year, 5 shall be appointed for 

terms of 2 years, and 5 shall be appoluted for 

terms of 3 years, as deslgnat.ed by the President at the time at appointment, Thereafter, 

the term ot each member shall be 3 yeal's. 

The Initial appOintment of members shall be 

made not later than 90 days after the effectl ve dR te of thla section. 

"(2) Any member appointed to fill a vac- ancy occurring before the expiration of the 

term for which the predecessor of sllch mem- ber was appOinted shall be appointed orUy 

for the remainder ot suoh term. The presi- dent shall fill a vacancy not later than 90 

days after Buch vacancy occurs. Members 

shall be eligible tor reappOintment and may serve after the expiration ot their terms un- til their successors have taken omce. "(c) The' Advisory Committee shall meet 

at the call of the Chairman, but not less than 

quarterly. Ten members ot the Advisory Committee shall constitute a quorum. "(d) The AdvllOry Committee 8hall-

"(I) review and evaluate, on a continuing basis, Federal policies regarding Juvenile 

Justice and delinquency prevention and ao- tlvltles a!fectlng Juvenile Justice and delinquency prevention conducted or asslste4 b,. 

all Federal agencies; "(2) advise the Administrator with respect 

to particUlar functions or aspects ot tho 

work of the omce; "(3) advice, consult with. and make reo- ommendatlons to the National Institute of 

Justice and the National Institute for Juvenile Justice and Delinquency Prevention 

concerning the overall pollc,. and operatlonl 

ot each luch Institute regardlnl Juvenile 

Justice and delinquency prevention research. 

evaluations, and tra1nlnl provided by each 

such Institute; and 

"NATIONAL ADVlSOay COMMITIEE roa JUVENILE 

JUSTICE AND DELINQUENCY PREVEN1'lON 

"(4) malte re11nementa In recommended 

standards for the administration of Juvenile 

JUltice at the Pederal. state. and local levell 

which have been reviewed und"r section 247, 

and recommend Pederal. State. and local 

action to fac11ltate the adoption "f luch 

standardl throughout the United Stat.s. 

(c) Section 201 (e) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5611 (e» Is amended by striking out 

"Administrator of the Law Enforcement Assistance Administration" and Inserting In 

lieu thereof" Attorney General". 

(d) Section 201 (t) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 

U.S.C. 5611 (f) Is amended by strll\:lng out 

"AdmInistrator" the ItJ.Et place It appeal's 

therein and Inserting In lieu thereof "Attorney General". 

"SEC. 207. (a) (1) There Is hereby established a National AdviSOry Committee for 

Ju,,"nlle Justice and Delinquency Prevention 

(hereinafter In this Act referred to as the 

'Advisory Committee') which shall consist of 

15 members appOinted by the President. 

"(2) Members shall be appointed who 

'hllo\'e special knowledge conoernlng the pteventlon and treatment ot Juvenile delinquency or the administration of juvenUe jus- tice, such as Juvenile or family court judges; 

probation, correctional. or law en!orcement 

personnel; representatives ot private. voluntary organizations and community-based 

programs, Including youth workers Involved 

with alternative youth programs; and per- sons with special training or experience Ill. 

addressing the problema at youth unemployment, school violence and vandalism, and 

learning dlsab1l1t1ea. 

"(e) Beginning in 198!., the Advisory Committee shall submit suoh Interim reportl as It considers advisable to the President and to 

the Congre .. , and shall submit an annual 

report to the Prelldent and to the Congress 

not later than March 31 of each year. Each 

such report shall describe the activities of 

the Advisory Committee and shall contain 

such findings and recommendations liS the 

AdvllOry Committee considers nece .. ar,. or 

appropriate. . 

"(f) The AdViSOry Commlttel ahall have 

ltaft personnel, appointed by the Chairman 

with the approval of the Advisory Committee, to IUIlst It In carrying out Its activities. 

The head of each Pederal agel!c,. shall make 

avllJIable to the Advisory COD)lI1lttee such 

Information and other asalatance as ~t ma, 

require to carry out Its activities. The Advisor,. Committee Ihall not have any authorIt,. to prooure any temporary or Intermittent 

Hrvlcel of any personnel under section 3109 

at: tltli II, United-states COde, or under anf 

other provision of law. 

CONCENTRATION OF J'EDmlAL UFORTS 

SEC. 7. (n) Section 204(b) at the Juvenlle 

Justice and Dellquency Prevention Act ot 

1974 (42 U.S.C. 5614(b» Is amended-

(1) by striking out", with the assistance ot 

the Associate Administrator,"; and 

(2) In paragraph (6) thereat, by Inserting 

"lind trl1lnlng assistance" atter "technical 

assistance". 

(b) Section 204 ot the Juvenile Justice and 

Delinquency l'reventl·:m Act of 197" ("~ 

U.S.C. 5614) II! ~mended by adding at the 

end thereot the following new SUbsection: 

"(Ill.) To carry out the purpOIeS at this 

section, there Is authorized to be appro-

"(3) At least 15 of the Indlvld~all appointed as members at the Advisory ·Commlttee Ihall not have attained ~4 yeara of 

age on or before the date ot their appointment. At least 2 ot the Indlvlduall 10 appointed ahall «lave been Qr Sh~ll be (at the 

222 . 

"(I){I) Members of the AdvllOry Commlttee Ihall, whll1 Hrvlnl on buslne .. of the 

AdvllOry Committee. be entitled to recll"e 

'. 

'. I 

I 

i' 

I 

W 

J 

I 

J' 

I 

I: 

I' \i 

11 !! 

~l 

~: ~;tr; 

HI0940 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

compensation at a rate not to exceed the 

dally rate specified for Grade' GS-18 ot the 

General Schedule In sectton 5332 of title II. 

United States Code, Including travel time. 

"(2) Members of the AdVisOry Committee. 

whlle serving awa,. from their places at residence or regular placea of bUsiness, shall be 

entitled to reimbursement for travel ex- penses, Inoludlng per diem In lieu of subsistence, In the aarne manner as the expenses 

authorized by section 5703 ot title 5. United 

States Code, for persons In the Federal Govel'nmcnt serv.\ce employed Intermittently. 

"(h) To carry out the purposes of this 

section, there Is authorized to be appropriated. such BUms a.s may be necessary, not 

to exceed t500,OOO for each ftsoal ,.ear .... 

ALLOCATION 

SEc. 10. The last sentence of section 222(a) 

ot the Juvenile Justloe and Dellnquenoy Prevention Act ot 1974 (42 UB.O. 11632(10» II 

IImended by striking out "and", and by Inserting ", and the COmmonwealth at the 

Northern ~Iarlana Islands" after "PaCific 

Islands", STAD PLANS 

SEC. 11. (a) (1) Section 223(110) at the Juvenile Justice and Dellnquenoy Prevention 

Act of 1974 (42 U.s.O. 1S633 (a) ) Is amended 

by striking out "consistent with the prov.\sions" and all that tallows through Hsuch 

plan must" and Inserting tn lieu thereof the 

following: "applicable to a 3-year period. 

Such plan &hall be amended annually to Include new programs, and the State shall submit annual performance reports to the Administrator Which 8'haU describe progress In 

irnplementlng programs contained In the 

original plan, and shall describe the status 

ot compliance with State plan requirements. 

In accordance with regulations whleh the 

Administrator shall prescribe. luoh plan shall". 

(2) Section 22S{a) (3) (A) ot the Juvenlle 

Justice and Dellnqueno,. Prevention Act of 

1974 (42 U.S.O. 11633{a) (3) (A» la amended 

by striking out "twent,.-one" and InsertIng In lieu thereot "15", and by striking out 

"thirty-three" lind Inserting In lieu thereot 

uS3". 

(3) Section 223{a) (3) (B) of the Juvenile 

Justice and DeUnquenc,. Prevention Act of 

1974 (42 UB.C. 5633(a) (3) (B» Is amended-

(A) by Inserting "locally elected 01llclals." 

Rfter "Include"; and 

(B) by Inserting "special education," after 

"education.". 

(4) Section 223{a) (3) (E) of the Juvenile 

Justice and Dellnquenc,. Prevention Act of 

1974 (42 O.S.C. 5633(110) (3) (E» Is amended-

(A) by striking out "one-third" and insertIng In lieu thereot "one-11fth"; . (B) b,. striking out "twent,.-slx" and Inserting in lieu thereof "24": 

(C) by Inserting ". and" atter "appoint. ment": and 

(D) by striking out "three of whom" and 

Inserting In lieu thereof "S at whose mem- bers·-. 

(5) Section 223{a) (3) (F) ot the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a) (3) (F» Is amended-

(A) by striking out "(II) may advise" and 

all that follows through "requested;" and 

Jnsertlng In lieu thereof" (11) shall submit to 

the Governor and the legislature at least an- nUlllly recommendations with respect to 

matters related to Its functions, InCluding 

State compliance with the reqUirements of 

paragraph (12) (A) and paragraph (13);"; and 

(B) by adding at the end thereof the following: "and (V) shall contact and seek regular Input from Juveniles ourrently under 

the Jurisdiction of the Juvenile Justice a)'s- tern;". 

(6) Section 223(10) (3) (F) (111) of the Juvenile Justice and Delinquency Prevention 

Act of 1974 (42 U.S.C. /l633(a) (3) (F) (111» Is 

amended by striking out "and" at the end 

thereof. 

(7) Section 223(a) (8) of the Juvenile Justice and Delinquency Prevention Act at 1974 

(42 U.s.C. 5G33 (a) (8» Is amended to read as follows: 

"(8) provide tor (A) an analysis ot ju-

"enlle crime problems and Juvenile Justice 

and delinquency prevention needs within the 

relevant Jurisdiction, a descrlptloll ot the 

sen-Ices to be provided, and a deScription of 

performance goals and prIQrit1es, including a specifiC statement of the manner In which 

pl'ograms lire expected to meet the Identified 

Juvenile crime problems and Juvenile justice and delinquency prevention needs ot. tile 

JUl'lsdlctlon: (B) an Indication ot the man- ner In which the programs relate to other 

similar State or local programs which are Intended to address the lIame or slmllar 

problems; and (C) a plan tor the concentration of State efforts which shall coordinate 

all State Juvenile dellnquency programs with 

respect to ovel'all polley and development at 

objeotlvlls and priorities tor all state Juvenile 

delinquency programs and activities, IncludIng provision tor regular meetings of State 

Officials with responslblUty In the area ot 

Juvenile Justice. and delinquency preven- tion.". ' 

(8) Section 223(a) (10) ot the Juvenile 

Justice and Dellnquenc:; Prevention Act of 

1974 (42 U.s.C. 5633(110) (10» Is amended-

(A) by striking out "Juvenile detention 

and correctional fac1l1t1oo" and Inserting In 

lieu thereat "confinement In secure detention faclllties and secure correctional facllltles"; 

(B) by str,lklng out "and" the fitth place 

it appeal's therein; 

(C) by Inserting atter "standards" the following: ", and to provide programs for 

juveniles who have committed serious 

crimes, particularly programs whloh are designed to Improve sentenCing procedures, 

provide resources necessary for IntorlI\ed dispositions, and provide tor· effective rehabilitation": and 

(D) by adding at the end thereof the following new subparagraph: 

"(J) projects designed both to deter Involvement In Illegal activities and to promote Involvement In lawful activities on the 

part of Juvenile gangs and their members;" 

(9) Section 223(a) (10) (A) at the Juvenile 

Justice and Delinquency Prevention Act at 

1974 (42. U.S.C. 5633(110) (10) (A» Is amended 

by Inserting "education, special education,". 

after "home programs,". 

'(0) Section 223(a) (10) (E) of the Juvenile 

Justice and Delinquency Prevention Aot at 

11174 (42 U.S.C. 5633{a) (10) (E») III amended 

by striking out "keep delinquents and to", 

and by Inserting "delinquent youth and" 

after "encourage". 

(11) Section 223 (a) (10) (H) ot the Ju!venile Justice and Delinquency Prevention Act 

ot 1974 (42 U.S.C. 5633 (a) (10) (H» Is 

amended to read as follows: 

"(H) statewide programs through the use of subsidies or otller financial Incentives to 

units of local government deSigned to-

"(I) remove Juveniles tram Jails and lockups tor adul ts; 

"(II) replicate Juvenile programs designated as exemplary by the National Institute 

of Justice; 

I "(111) establish and adopt, based upon the 

recommendatioll& of the Advisory Committee, standards for the Improvement of juvenlle Justice within the State; or "(Iv) Increase the use of nonsecure com- munity-based faclUtles and discourage the 

lise ot secure Incarceration and detention:". (1~) Section 223(a) (10) (I) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5633(a) (10) (I» Is amende<l 

to read as follows: 

223 

"(I) programs designed to develop and 

Implement projects relating to Juvenile dolInquency and learning disablllties. InclUding 

on-the-job training progranl& to assist law 

enforcement and Juvenile Justice personnel 

to more effectively recognize and provide tor 

learning disabled and other handicapped ju- veniles; and". . (13) Section 223(a) (12) (A) at the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5633(a) (12) (A» Is 

amended-

(A) by Inserting "or offenses Which do 

not constitute violations of valid court 

orders" atter. "adult"; and 

(B) by striking out "jullenlle detention 

at correctional fac1l1tles" and Inserting In 

lieu thereot "seoure detention facll1tles or secure correctional facilities". 

(14) Sectlon 223(110) (15) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974. as so redeslgnl\ted In paragl'aph (15) (A). Is amended-

(A) by striking out "paragrllph (12) (A) 

and paragraph (13)" and Inserting In lieu 

thereof "parllgraph (12) (A), paragraph (13). 

and paragraph (14) "; and 

(B) by Inserting before tho semicolon at 

the end thereot the following: ", except that 

sucll reporting reqUirements shall not apply 

In the case of a State Which Is In compli- ance with the other requirements of this 

paragraph, which Is In compliance with the 

requirements In paragraph (12) (A) and 

paragraph (13), and which has enacted 

legislation which conforms to such requirements and Which contains, In the opinion of 

the Administrator, sumclent entorcement 

mechanisms to ensure that sllch legislation wlll be administered effectively". 

(15) Section 223(a) at the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5633(110», as amended by the toregoing provisions at this subsect1on.~ls turther alllended-

(A) by redeSignating parngraph (14) 

through paragraph (21) as paragraph (15) 

through paragraph (22), respectively. and 

by Inserting after paragraph (13) the tallowing new paragraph: 

"(14) provide that, beginning atter the 

5-yenr period following the date of the 

enactment at tho Juvenile Justice Amendments ot 1980, no Juvenile shall be detained or confined In any Jail or lockUp tor adults, 

except that the Administrator shall promulgate regulations which (A) recognize the 

special needtl of areas characterized by low 

population density with respect to the detention at Juveniles: and (B) shall permit the temporary detention In such adult 

faCilities of Juveniles accused of serIous 

crimes against persons, subject to the provisions of paragraph (13), where no eKlstlng 

acceptable alternative placement Is available;"; and 

(B) by adding at the end thereof tIle following new sentence: "Such plan shall be 

modified by the State, as soon as practicable 

after the date of the enactment of the 

Ju\'enlle Justice Amendments at 1980, In 

order to comply with the requirements of 

paragraph (H) .... 

(b) Section 2~3(c) of the JuvenJle Justice 

and Delinquency Prevention Act of 1974, (42 

U.S.C. 5633{c» Is amended-

(1) by striking out ", with the concurrence of the Associate Administrator,"; 

(2) by Inserting after "Juveniles" the follOWing: "or through removal of 100 percent 

ot such Juveniles from secure correctional 

fac1l1t1es": and 

(3) by adding at the end thereot the tallowing new sentence: "Failure to achieve 

compliance with the reqUirements at subsection (0.) (14) within the 5-year time limitation shall terminate any State's ellglb1l1ty for 

funding under this subpart, unless the Administrator determines that (1) the State II 

, 
November 1.9, 1980 CONGRESSIONAL RECORD -HOUSE 'H 10941 

In substantial compliance with such requirements through the achievement ot not less 

than 75 percent removal of Juvelllles from 

JailS and lockups lor adultsj and (2) tile 

State has made, through appropriate execlltive or legislative action, an unequivocal 

commitment to achieving tull compliance 

within a reasonable time, not to exceed 2 

additional years.". (c) Sectton 223(d) of the Juvenlle Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.C. 5633(d» Is amended-

(1) by inserting "endeavor to" atter "the 

Administl'ator shall"; 

(2) by striking out "publlc and private" 

and all that follows through "section 224" 

and hlsel·tlng In lieu thereot "local public 

and private nonprofit agencies within such 

State for use In carrying out the purposes ot 

subsection (a) (12) (A), subsection (a) (13), 

or subsection (a) (14)"; (3) by striking out "endeavor to make such 

reallocated funds" and inserting In lieu 

thereof '''make funds which remain available 

atter disbursements are ffill,de by the AdminIstrator under the pl'ecedlng sentence, and 

any other unobligated tunds,"; 

(4) by striking out "a preterentlal" and 

Inserting ill lieu thereot "an equitable"; 

(5) by striking out "to programs in non- participating States under section 224(a) (2) 

and'" 

(6)' by striking out. "substantial or"; and 

(7) by striking out "subsection (a) (12) (A) 

requirement" and all that follows through 

"subsection (c)" and Inserting In Ueu thereat 

"requirements under subsection (a) (12) (,\) 

and subsection (a) (13) ". 

SPECIAL EMPHASIS paEVENTION AND TREATMENT 

PROGRAMS 

SEC. 12. (a) Section 224(a) (5) at the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5634(a) (5» Is amended to 

read as follows: 

"(5) develop statewide programs through 

the use of subsidies or other financial Incentives designed to-

"(A) remove Juveniles from Jails and lockups for adultsj "(B) replicate Juvenile programs designated a5 exemplary by the National Institute 

at Justice; or "(C) establish and adopt. based upon rec- ommendations at the Advisory Committee. 

standards for the Improvement of juvenllc 

Justice within tile State;". 

(b) Section 224(a) (11) of the Juvenlle 

Justice and Delinquency Prevention Act at 

1974 (~2 U.S.C. 5634(a)(11» Is amended by 

Inserting before the period at the end there·· 

of the following: ". Including on-the-JOb 

trainIng programs to assist law enforcemel".t 

persollnel and Juvenile justice personnel to more effectively recognize and provide tor 

learning disabled and other handicapped JUveniles" . (c) Section 224(a) of the Juvenile ,lustice 

and Dt'llllCJuellcy Frevu1ltlon Act at 1974 (42 

U,S,C. 5ll3-1(Il» Is amellded-

(1) In paragraph (10) theloof. by striking 

out "and" at tile end thereof: 

(2) III parngraph (11) thereof. by striking 

out the period at tile end thereof and Inserting In lieu thereof ": and"; and 

(3) by adldng at the end thereof the following new paragrnph: 

"(12) develo;J and Implement spp.clal em- phasis prevention and h-N~ment programs 

relating to Juveniles who comm!L serious 

crlmcs .... (d) Section 224 of the Juvenile Justice and 

DellnqllCnt Prevention Act of 1974 (42 U.S.C. 

5634) Is amended by adding at the end 

thereof the following ncw subsection: 

"(d) ASSistance provided pursuant to this 

section shall be ayallable on an egultable 

baels to deal with disadVantaged youth. including temales, minority youth, and men- tally retarded and emotionally or physically 

handicapped youth. 

"(e) At least 5 percent ot the funds available tor'grants and contracts made pursuant 

to this section shall be available tor grants 

and contracts designed to add.ress the special needs and problems at juvenile de- 1~l1quency In the Virgin Islands. Ouam. 

American Samoa. the Trust Territory of the 

PacifiC Islands, and the Commonwealth of 

the Northern Mariana ISlands.". 

USI!: o~' FUNDS 

SEC. 13. (a) Section 227 of the Juvenile 

Justice and" Delinquency Prevention Act of 

1974 (42 U.S.C. 5637) Is amended by u.ddlng 

at the end thereat the following new subsection: .. (c) Funds paid pursuant to section 223 

(a) (10)(D) and section 224(a)(7) to any 

public or private agency, organization. or In-

:;t1 tution or to any Individual (whether dl-_ 

rectly or through a State criminal justice 

council) shall not be used to pay tor any 

personal service, advertisemen,t, telegram, 

telephone communication. letter, printed or written matter, or other d!'vlce, Intended or designed to hlfluence a Member at the Congress or any other l"ederal, State, or local 

elected omclal to tavor or oppose any Acts. 

bills, resolutions, or similar legislation. or any referendum, Initiative. constitutional 

amendment, or any similar procedure by the 

Congress. any State legislature, any local 

counCil, or any similar governing body. ex- cept that this subsection shall not preclude 

such tunds trom being used In connection 

with communications to Federal. State. or local elected omclals, upon the request of 

such offlclals through proper olnclal channels, pertaining to authorization, appropriation. or oversight measures directly affecting 

the operation at the program Involved. The 

Administrator shall ta\~" such action as may 

be necessary to ensurlcl that no tunds paid 

under section 223(a) (10) (D) or section 224 

(a) (7) are used either directly or Indirectly 

In any manner prohibited In this subsection. 

PAYMENTS 

SEC. 14. (a) Section 228 at the Juvenile 

Justice and Delinquency Prevention Act at 

1074 (42 U.S.C. 5638) Is amended-

(1) by striking out subsection (a) and 

subsection (b) thereot, and by striking out 

the section deSignation preceding subsection (a); 

(2) by redeSignating subsection (c) 

through subsection (g) 8S subsection (a) 

through subsection (e), respectively; and 

(3) by Inserting "Sec. 228." before subsection (a). all so redesignated in paragraph (2). 

(b) Section 228('e) of the Juvenile Justice 

and Delinquency Prevention Act of 1974. as so redeSignated In subsection (a) , IS 

ilImended-

(1) by inserting "subpal't II ot". after "appllcallt under"; "and 

(!I) by striking out "under section 224" 

and Inserting in lieu thereof "in an equitable manner to States which have complied with 

the requirements In section 223 (a, (12) (A) 

lInd section 223 (a) (131. under section 224 

(a) (5)·'. 

DESIGNATION OF STATE AGENCIES 

SEC. 15. Section 261 of the JuvenUfi Justice and !)Cllnql1ency PrElvention Act ot 1974 

(-12 U.S.C. 5671) Is amended by addIng at the 

end therE'ot the followIng new subsection: 

"(e) N,)twlthstandlng allY other provitl1on 

at Inw. If the Admml~tl'ator determines, In 

his dls(;rctloll. that &ulllclcnt tunds have not 

been npp,'oprlated tor any fiscal year tor the 

activities authorized III part D at title I ot 

the Omnibus Crime Control Rnd Sate Streets 

Act at 1008, then the Admlnlstl'ator Is au- thorized to-

"(I) approve any appropriate State agency 

deSignated by the Governor at the State Involved as the sole agency responsible tor 

supervising the preparation and administration ot the State plan submitted under section 223: and 

224 

"(2) establlsh· appropriate administrative 

and supervisory board membership requirements tor any agency deSignated In accord- ance with paragraph (1), and permit the 

State advisory group appolnt.ed under section 

223(a) (3) to operate as the supervisory 

board tor such agency, at the discretion at 

the Governor .... ADMINISTltATIVI!: PROVISIONS 

SEC. 16. Section 262 ot the Juvenile Justice " 

and, Delinquency PrevenUon Act at 1974 

(42 U.S.C. 5(72) Is amended to read as tallows: 

"APPLICABILITY OF OTHER ADMINISTRATIVE 

PltOVISIONa 

"8I:c. 262. (a) The administrative proviSiOns ot sections 802(a). 802 (c) , 803, 804. 

805.806,807,810,812,819, 814(a), 815(c). 

817(a), 817(b), 817(c), 818(a), 818(b), and 

818(d) ot the Omnibus Crime Control and 

Sate Streets Act of 1968 are Incorporated In 

this Act as administrative provisions applicable to th11 Act. Reterences In the cited 

sectlona authorizing action by the Director 

at the Olllce at Justice. Assistance, Research 

and StatistiCS. the Administrator ot the 

Law Enforcement Assistance Administration, 

the Director ot the National Institute at 

Justice. and the Director of the BureaU ot 

JUlltice Statistics allO ahall be construed as authorizing the AdmInistrator at the Omce 

of JuvenUe JUltlce and Delinquency Prevention to pertorm the aame action. 

"(b) The Olllc& of Justice Assistance, 

Research, and Statistics shall directly provIde atart support to. and coordinate the 

activities at. the Olllce of Juvenile Justice 

and Delinquency Prevention In the same manner as It Is authorized to pl'Ovlde start 

support and coordinate the activities at the 

Law Enforcement Assistance Administration, 

National Institute at Justice, and Bureau ot 

Justice statistics pursuant to section 801 (b) 

of the Omnibus Crime Control and Sate 

Streeta Act ot 1968.", 

REPORT REGARD~G CONFINE~NT OF 

JUVENILES ~ JAILS FOR ADULTS 

SEC. 17. (a) The Administrator at the 

Omce ot Juvenile Justice and Delinquency 

Prevention. not later than 18 months atter 

the date of the enactment at this Act, shall 

Bubmlt a report to the CongreBB relating to 

the cost and Implications of any requirement added to the Juvenile Justice and 

Delinquency Prevention Act at 1974 which 

would mandate the removal of juveniles 

trom adults In all jails and lockups. 

(b) The report required In subsection (a) 

shall Include-

(1) an estimate of the costs likely to be 

Incurred by the States In implementing the 

requirement sJ)!lcl11ed In subsection (a): 

(2) an analysis at the experience ot states 

which currently reqUire the removal at 

Juveniles from adults In all Jails lind 

lockups; (3) an analysis at possible adverse ramifications which may result tl'Om such 

requIrement ot removal. Including un analysis at whethel' such requirement would 

lead to an expansion of the residential capacity ot secure detention taclllties and secure correctional facl1ltles for Juveniles, thus 

resulting In a net Increase In thc total 

number at Juveniles detained or confined 

In such faclll ties; and 

(4) recommonda tlons tor Stich legislatIve or adminIstrative action as the Administrator considers appropriate. 

RUNAWAY AND HOMEI.E5S )'OV'l'1l 

SEC. 18. (a) The heading for title III of 

the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5701 et seq.) 

Is amended to read as follows: 

"TITLE IU-RUNAWAY AND HO~lELESS 

YOUTH", 

(b) section 301 of the Juvcnlle .1ustlce 

and Delinquency Prevention Act of 19'14 (42 

" 

-, 

'". 

H 10942 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

U.S.o, 11701 note) Is amended by Inserting 

"and Homelell8" .fter'''Runaway''. (c) section 911 of the J,uvenile J'\18t1ce and 

Delinquency Prevention Act ot 1974 (42 

U.S.O. 5711) taamended-

(1) by Inserting' "(a)" atter the section 

deslgna.tlon: (2) by Inserting "equitably among the 

states based upon their respective populations ot youth under 18 years of age" litter 

"shall be made"; 

(3) by inserting ", lolnd their f8m111ea," 

atter "homeless youth"; 

(4) by Inserting after "services." the tollOWing new lIellitenoe: "Ora.nts allO may be 

made tor provision of a national oommunlcations Iystem for the purpose of assisting 

runaway and homelese youth In communlCRtlng with their tamillae and with aervice 

provldere."; and 

(5) by adding lilt the end thereof the tollowing new sublMlatlona: 

"(b) The Secretary III authorized 'to provide supplemental grants to n1lU11Way cen- ters Which are developing, In cooperation 

with local. Juvenile court and IIOClal .ervlce 

agency perlOnnel, model programa designed 

to provide assistance to Juvenile. who have 

repeatedly lett and rema.ln.e<l a_y from 

their homes of trom any faolllties In which 

they have been placed u the result of an adjudication, 

"(c) The Secretary III authorllzed to provide on-the-Job training to loca.l runaway 

and homeless youth center personnel and co- ordinated networks of 100&1 law entorcement, 

SOCial service. and weltare personnel to as- sist such pel'lOl\nel In recognizing and provl.rl1ng tor learning dl8llbled and othel' 

handloopped Juvenllea .... (d) (1) Section 312(.) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5712(a» Is amended by strikIng out "house" and In&ertlng In lieu thereat "center". and by Inserting "or to other 

homeless juveniles" before the periOd at the 

end thereat. '.. 

(2) section 312(b) of the Juvenlle Justice and Dellnqllency Prevention Act at 1974 

(42 U.S.C. 5712(b» Is oamended-

(A) by striking out "house" each plaos It 

appears therein a.nd Inserting in lieu thereot 

"center"; and 

(B) In paragraph (4) thereot, by Insertlug "social service personnel. and weltare 

personnel," atter "personnel.", 

(e) Section 319 at the Juvenile Justice and 

Delinquency Prevention Act at 1974 (42 

U.S.O. 5713) Is amended by striking out 

"$100.000" and inserting In lieu thereot 

"$150,000", and by striking out "any applicant whose program budget Is smaller than 

IU50.000" and Inserting In lieu thereat "orranlzatlons which have a demonstrated experi- ence In the prOvision ot service to runaway 

and homeless youth al'ld their families". 

(t) section 3111 of the Juvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.O. 5715) Is amended by striking out 

"houses" and Inserting In lleu thereof 

"centers'. 

TECHNICAL AND CONFORMING AMENDMENTS 

SEC. 19. (0.) Seotlon 109(5) .ot the Juvenile 

Justice and Delinquency Prevention Aot of 

1974 (42 U.S.O. 5609(5» Is amended by 

striking out "section 101 (b)" and all that 

tollows through "amended" and Inserting In 

lieu thereat "section 201 (c)". 

(b) (1) Section 201 (c) of the JUvenile Justice Rnd Delinquency Prevention Act at 

1974 ,42 U.S.O. 5611(c» Is amended-

(A) in the first sentence thereat. by strUt. 

ing out "Associate"; and 

(B) by strlklllg out the last sentence 

thereof. 

(2) Section 201 (d) of the JuvenUe Justice 

and Dellnquenoy Prevention Aot ot 1974 (42 

U.S.C. 5811 (d») Is amended by striking out 

"Associate" each place It appears therein. 

(3) Seotlon 201(e) of the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.O. 11011 (e) ) II amended by atrlklng out 

"ABBoolats" each place It appears therein. 

and by Itrlklng out "Olllce" the last place It 

appe&ra therein and lnaertlng in ll~U thereof 

"ornee", 

(4) Section 201(f) or the .Juvenile Justice 

and Delinquency Protection Act of 1974 (43 

U .s.O, 5011 (t» II amo:ilded by atrUdng out 

"Aslloclate", 

(0) (1) section 202(e) of the Juvenile Justice an«:l Delinquency Prevention Act of 1974 

(42 U.S.O. 11012(0» Is amended by Itrll:lng 

out "Associate", 

(2) Section 202(d) of the Juvenile Justice 

and Delinquency Prevc-ntlon Aot of 1974 (42 

U.S.O. 1I012(d») II amended by atrlklng out 

"title I" and Inserting In lieu thereof "tItle 

Su, 

(d) (1) section 204(d) (1) of the Juvenile 

Justice and Dellnquenoy Prevention Act of 

1974 (42 U.S.O, 1I014(d) {I» II amended by 

atriklng out "Associate". 

(2) Seotlon 204(g) or the Juvenile Justice 

and Delinquency Prevention Act ot 1974 (42 

U.S.O, 5614(g» Is.amended by striking out 

"Admtnlatratlon" and Inserting In lieu 

thereat "Olllce". 

(3) section 204(1) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (.2 

U.S.O. 11614(1» Is amended by striking out 

"Associate", 

(4) Seotlon 204(k) ot the Juvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.O. 11614(k») Is amended by striking out 

"the Department at Health, Education, and 

Welfare" and Inserting In lieu thereat 

"Health and Human Servloe .... (5) Section 204(1) (1) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.O. 5614(1)(1» Is amended by 

striking out "Associate", 

(e) Section 206 at the Juvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.C, 5615) Is amended by striking out 

"Associate" each place It appears therein. 

(f)(I) Section 206 (a) (1) at the Juvenile 

Justice and Dellnqllency Prevention Act at 

1974 (42 U.S.C. MH!(a) (1» Is amended-

(A) by striking out ", EdUcation and Weitare" and Inserting In lieu thereot "and 

Human Services"; 

(B) by striking out "the Commissioner at 

the Offlce ot Education,"; 

(0) by Insetting "the Director at the 

Offlce at .Justice ASSistance, Research, and 

statistics. the Administrator at the Law Enforcement Assistance Administration." atter 

"designees,"; 

(D) by striking out "Associate" each place 

It appears therein; and 

(E) by Inserting "the Director of the 

Natlonat Institute of Justice," atter "Prevention," the last place It appears therein. 

(2) Section 206(b) at the Juvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.C. MI6(b» Is amended by striking out 

"Associate". 

(3) Scctlon 206(e) at the Juvenile Justice 

and Delinquency Prevention Act at 197. 

(42 U.S.C. 5616(e» Is amended by striking 

out "Associate", 

(g) (1) Section 223(a) (1) at the Juvenile 

Justice Rnd Delinquency Prevention Act at 

1974 (42 U.S.C. 5633(a) (1» Is amended-

(A) by strlklnk out "planning agency' 

and Inserting In lieu thereot "criminal 

Justice council"; and 

(B) by striking out "section 203 pt such 

title X" and Inserting In lieu thereof "seotion 402(b) (1) at the Omnibus Crime Control and Safe Streets Act at 1968", (~\ Section 223(a) (2) at the Juvenile 

Justice and Delinquency Pre\'entlon Act of 

1974 (42 1J.S.C. 5633(a) (2» Is amended by 

striking out "planning agency" and InsertIng In lieu thereat "criminal Justice coun- cil." 

225 

(3) Section 229(a) (3) (A) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974 (42 U.S.O. 11693 (a) (3) (A» Is amended 

by striking out "a juvenile" and Inserting In 

lieu thereat "juvenlle", 

(4) Section 223(a) (3) (F) of the Juvenile 

Justice and Delinquency Prevention Aot ot 

1974 (42 U.S.O. 5833(a) (3) (F» III amended-

(A) In clause (I) thereat. by striking out 

"planning agency" and Inserting in lieu 

thereat "criminal Justice council"; 

(8) in clause (111) thereof. by striking out 

"planning agency" and all that follows 

through "as amended" and Inserting In lieu 

thereat "criminal -Justice council"; and 

(0) In Clause (Iv) thereot-

(I) by striking out "planning agency and 

regional planning unit supervisory" and Inserting III lieu thereat "criminal Justice coun- cil and local criminal JUstice advisory"; and 

(II) by striking out "section 261 (b) and 

section 502(b)" and Inserting In lieu thereat 

"section 1002". 

(5) Section 229(a) (11) at the Juvenlle Justice aud Delinquency Prevention Act at 1974 

(42 U.S.O, 5833(a) (11» Is amended by strikIng out "prOVides" and Inserting in lieu 

thereat "provide". 

(0) section 229(a) (12) (8) of the Juvenlle 

Justice and Delinquency Prevention Act at 

1974 (42 U.S.C, 5633(a) (12) (8» Is amended 

by stl'lklng out "ASSOCiate", 

(7) Section 229(a) (111) at the Juvenile 

Justice and Delinquency Prevention Act at 

1974, ss so redeSignated In section 11 (a) (15) 

(A), is amended by striking out "Associate", 

(8) Section 223(a) (18) (A) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974. as so redeSignated In section 11 (a) (15) 

(A). Is ~mended by striking out "or" the 

first place It appears therein and Inserting In lIell thereof .. at", 

(9) Section 223(a) (21) ot the Juvenile 

Justice Delinquency Prevention Act at 1974, . liii 110 f!l!leslgnated In sectlo~ U (ft) (Iii) (A}, 

Is amended-

(A) by striking out "planning agency" and 

Inserting In lieu thereat "criminal ~\lstlce council"; , • 

(B) by strikIng out "then" and Inserting 

In lieu thereat "than"; and 

(0) by striking out "Associate", 

(10) Section 223(a) (22) of the Juvenile 

Justice and Delinquency Prevention Act of 

1974, as so redeSignated In section 11 (a) (15) 

(A), Is amended by striking out "Associate", 

(11) Section 223(a) at the Juvenile Justice and Delinquency Prevention Act at 1974 

(42 U.S.O. 5693(a». as amended In section 

11(0.) (15) (B), Is turther amended (In the 

sentence preceding the last sentence thereat) 

by striking out "309(a) " and Inserting In lieu 

thereat "section 403", 

(12) Section 223(b) ot the Juvenile Justice and Delinquency Prevention Act at 1974 

(42 U.S.C. 5633(b» Is amended by striking 

alit "planning agency" and Inserting In lieu 

thereot "criminal Justice council". 

(13) Section 223(d) at the JUvenile Justice 

and Delinquency Prevention Act at 1974 (42 

U.S.O. 5633(d» Is amended lu' striking out 

"sections 509, 510, and 511" and Inserting In 

lieu thereot "sections 803, 804, and 805", 

(h) Section 224(a) (6) at the Juvenile Justice and Delinquency Prevention Act at 1974 

(42 U.S.C. 5694(a) (6» Is amended by strikIng out "CommiSSioner" and lnsertlng In lieu 

thereat "Secretary". 

(I) Scctlon 228(e) at the Juvenile Justice. 

and Delinquency Prevention Act at 1974, as so redeSignated In sectIon 11 (a), Is amended 

b)· striking out "section 609" and Insertlng In 

lieu thereot "section 803". 

(J) (1) Section 241 (b) at the Juvenile JUdtlce and Delinquency Prevention Act at 1974 

(42 U.S.C. 5651 (b» Is amended by strlklni; 

out "Associate" each place It appears therein, 

(2) Section 241 (0) of the Juvenile Justice 

and Delinquency Prevention Act of 1974 (42 
.. 

November 19, 1980 CONGRESSIONAL RECORD -HOUSE 

U.S.C. 5651 (e» Is amended by striking out 

"NntJot'ull Institute of Lnw Enforcement and 

Criminal Justice" and Inscrtlng In lieu thereof "National Institute of Justlcc". 

(I:) Section 244(3) of the Juvenile Justice 

and Dollnquency Prevention Act of Hl74 (42 

U.S.O. 5654 (3» Is nlncndcd by striking ont 

"sections 249. 250, and 251" and Inserting In 

lIe\1 thereof "sect.l()n~ 248. 2,19, and 250". 

(1) Sectioll 245 of the JUI'enlle Justice and D~l1nqucncy Prevention Act of 1974 (42 U,S,C. 

5(55) Is amended by strlltlng out .. Associate". 

(m) Section 246 of the Juvenile Justice and 

Dellllquency Prevcntlon Act. ot 1974 (42 

U S,C. 5656) Is amended by st.rlklng out "Assorlute" cach place It appears therein, 

(11) e:ectlon 248(n) ot the Juvenile Justice 

nnd Delinquency Pt'eventlon Act ot 1974 (42 

U,S,C, 5658\a» Is amcnded by st!'lklng out 

"Jlsboclnte" 'each place It appl'IIrs therein. 

(0) Se(!tion 249 of the Juvenile Justice and 

Dnllnqmncy Prevention Act of 19'14 (42 

U,SC'. 5660) Is amended by strlk.lng out 

" Asstlcite". 

ep) (l) Section 250(a) ot the Juvenile Justle'e and Dallnq\ICncy Prevention Act at 1974 

(42 U.SC, no6! (a» Is amended by striking out "Assorlnte" each place It appears therein. 

(2) Section 2bO(b) ot the' Juvenile Justice 

nnct Delinquency Pl'evention Act ot 1974 (42 

U.S c, :;061,b» Is amended by striking out II At;,oclnte" eo.cll plnco It appears therein. 

(3) SOl'tioll 2;50(c) of the Juvcnlle Justice 

[Illd DcJl:1tlumcy Prevention Act ot 1974 (42 

u.s ,e. 5661 e r» Is amended by striking Ollt 

"scctlolJ 57031 b)" and InsertIng In11e\l thereof "sccllon 6703", 

'r'he motion was agreed to. 

The Senate bill was ordered to be rea.d 

a. third time. was read the third time, 

lind pCtssed. 

l'he title of the Senate bill was c,'1!,mdtd so as to reud: "An nct to 

amelld the Juvenile Ju:,t!ce and Dclinc.:tenry Pl'event.ion Act uI 1974 to extend 

the nuthorizntion of appropriations fol' 

Mtch Act. and for other purposes," 

A motion to reconsider was laid on the 

table. 

A similar Uouse blll m:.R. 6704) was laid on the table. 

APPOINTMENT OF CONFEREES ON 5: 2H I 

MI'. ANDREWS of North Carolina. Mr. 

Speaker, I ask unanimous consent that 

the House insist upon its amendments 

tv the Sena te bill (S, 2441l to amend the 

,1m'cmlle Justice and Dellnqu('ncy PreV0l1t·lOn Act of 1974 to extend the au~ 

thorlzation of appropriations for ,such 

art. and for other purposes. and request 11 ((Inference with the Senate thereon, 

The SPEAKER. Is there objection to 

thc request of the gentleman from North Cnrol1l1~? The Chair hears none, and 

almoints the following conferees: 

Messrs. PERKINS, ANDREWS of North 

Cal'ollJlll. CORRADA, KILDEE, STACK, 'NIL- LrAMS of Montana, ASHBROOK, COLEMAN. 

rUlt! GOODLING. 

DIHEC'I'ING CLERK TO MAKE COn.-

REC'I'IONS AND TECHNICAL AND 

CONI"ORMING CHANGES IN ENGROSSMEN'l' CiF HOUSE AMENDMENT TO S. 2441 

Mr. ANDREWS of North Carolina. Mr. 

Speaker, I ask unnnimous consent that 

the Clerk be directed, in the engrossment of the House amendment to the 

Senate b!1l (S. 2441>, to amend the Juvenile Justice and Dellnquency Prevention Act of 1974 to extend the authorizatlon of appropriations for such act. and 

for other purposes, to correct punctuation and sllelling, to correct section 

numbers and references, and to make 

any othl'l' technical and conforming 

chnnges necessary to reflect actions of 

the Hou~e on the bill, H,E, 6704. 

The SP]!;A1tER. Is there objection to 

the request of the gentleman from North 

Caro1ina? 

There Wttl'; no objection. 

GF.NERAL LEAVE 

Mr. ANDREWS of North CarOlina. Mr. 

Speaker. I ask unanimous conlsent that 

all Members may have 5 legislative days 

within which to revise and extl9nd their 

remarks on H.R. 6704, the bill just passed. 

The SPEAKER. Is there objection to 

the request of the gentleman from North 

Carolina? 

There was no objection. 

AUTHORIZING THE SPEAKER TO 

DECLARE ,A RECESS TODAY 

Mr, WRIGHT. Mr, Speaker, I ask 

unanimous consent that the Speaker be 

nuthorlzed to declare a recess today subject to the call of the Chair, such recess' 

to extend not beyond 2 p.m. 

The SPEAKER. Is there objection to 

the request of the gentleman from Texas? 

There was no objection. 

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STATEMENT BY REPRESENTATIVE ASHBROOK 

FOLLOWING PASSAGE OF H.R. 6704, 

NOVEMBER 19, 1980 

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November 19, 1980 

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CONGRESSIONAL RECORD -HOUSE 

NATIONAL COUNen. OF JUVENaE 

AND FAMD..V COURT JUDGES 

URGE PASSAGE OF VALID COURT 

ORDER AMENDMENT 

The SPEAKER pro tempOre. Under a 

:;>revlous order of the House, the eentle~ 

:nan from Ohio (Mr. AmIftOOK) Is reooenlzed for 15 minute.. 

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HII002 CONGRESSIONAL RECORD -HOUSE November 19, 1980 

• Mr. ASHBROOK. Mr. Speaker, during the debate today on the amendments to 

the Reauthorization of the Juvenile Justice and Delinquency Prevention Act of 

1974, we have had the wise counsel of 

many of this Nation's finest judges, Confronted with a difficult if not unworkable 

situation created by the Congress with 

the passage of the 1974 act, they pre- sented their candid and learned vIews to 

the EducatiOi1 and Labor Committee on 

which I am proud to serve as the ranking minority member. Although the committee voted to not adopt their views, 

I was confident that the entire Congress, when presented with the issues involved, 

would support the position propounded by the jurists in the field who work with 

the problems of delinquents and know 

from experience what wlll work and not 

work. 

My amendment was passed by an overwhelming majority today. For·that I am 

most pleased. However, I do not count 

this as a personal victory. The verdict 

on the Ashbrook amendment was based 

on the logic of the arguments presented by the judges themselves. The National 

Council of Juvenile and Family Court 

Judges worked long and hard to convince legislators that their abUity to deal 

with juvenile offenders was severely hampered by restrictions on the imple- mentation of their valid court orders. I 

cangratulate them for their work, their 

tenacity and their success. 

If I were to single out j)ne who deserves 

great credit for this success it would 

be the Honorable John R. Milligan who 

serve!; !l" chairman of the government comrllltt('e of the National Council of 

Juvenile and Family Court Judges and 

is a judge of the Stark County Juvanlle Court, Canton, Ohio. Judge Milligan appeared before our committee 

and made the excellent presentation I 

include with these remarks. More than 

that, he followed up with an almost 

weekly status report on the amendment. 

When it lost in our committee, he continued his efforts as did his many colleagues throughout the country. I am 

pleased to note. as an aside Mr. Speaker. that Jack Milligan sUccessfully saught higher office in November and was elected to the Ohio Court of Appeals. 

In my experience, all too often we 

witness legislators here forgetting about 

the peoplebnck home who have to deal 

with the problems we create by our laws 

and reglllp"~\JllS. That trend 1s hopefully being rever<.P.d. Maybe this Is a start. 

The House of Representatives today listened to those public servants who are 

on 'the point, -at the front' where theory 

stops nnd reality begins. In their day- ta-day dealing with teday's troubled 

youth, these judges have compassian. They also understand that a court cannat rommand respect if its vlllid ordcrs 

can be flaunl;ed. My amendment, SUPparted by the National Council of JUvenile & Family Court Judges will hope- fully make their difficUlt responsibilities 

-at least somewhat easier. 

Mr. Speaker, I include Judge Milligan's remarks: 

STATEMENT OF HON. JOHN R. MILLIGAN 

We respectfully ask the Congress the following question: 

Doell OOngre!IB intend that every chUd hnv~ 

the ult1mt.te right, at any age, to .decltlil fer 

himself whether he will (1) continue to run away from hOme; (2) to go to school~ (3) 

obey State laws for children; or (4) violate 

legitimate court orders? 

As currently Interpreted by O,J.J.D.P., the answer to th1ll question Is "yes", A youth who does not vlolllote an adult 

orlmlnal law continues to be a "status offender", no matter how otten he runs away from home or other placement, or Is continually truant from school. In fact, the longest period of -time such a runaway youth can be 

held against his will, under any circumstances, Is 24 hours (considered a "de minimus" violation by OJJDP). 

Horror stories of chNn!c nlnaways who 

have been abused, raped, p1'08tltuted, and 

sometimes murdered should underscore Ule 

imperative of some ult1ma.te, bottom-Une 

authority over such youth. (The "GIWY mur- der case In Illinois", the mass hOmosexual 

murders of kids in Texas, the "Minnesota 

COnnection" with pr05t1tutlon 1n New York, 

the atrocity In CaUfornla, and CBS's Fort 

Lauderdale homosexual revelatlons-all are dramatlo ex~pl.es). 

If the purposes of the Act are to be realIzed-prevention of delinquency by provision of adequate facilities and programs, and by keeping students In school-some ultimate 

authority Is necessary. Limiting such authority to those who violate a vaUd court order Is a reasonable com- promise with those who would opt for con- tinuing to answer the above question with a "yes". The Amendment Is specific, m~asurable. and fall'. 

It Is necessary to ensure the safety, education, and health of that small ;portion of the 

youth population who will otherwise en- danger themselves. 

It 15 necessary to underwrite families and 

school. In meeting their custody. care, and 

education responslbllItles. Isn't there 110 danger of abuse by the Judge on a case-by-case basis? The potential for 

abuse of authority exists In every facet of 

society. Fortunately, that potential Is tl1mpered as to the courts-and particularly the 

Juvenile courtll-by a whole series of checkl5 

and bal~nces, Including the the rights of 

advocacy and appeal. This Amendment strikes a balance between .-:ategorlc federal legislation mandates 

and tht) state's rlgl:lt to set procedures and 

rules for deallnl!; with cases on a case-by-case basis, In the public Interest. 

The proposed Amendment strikes It rea- sonable ba\lmce. It limits any coercive au- thority to "valid court order" violations, and 

couples this with the existing language of 

the next section of the Act (Sec. 223(a) (12) 

(B», requiring that If youth are ;Placed In 

facilities, they must be: (1) the "Icast re- strictive alternatives appropriate to the 

needs of the child and the community. (2) 

In reasonable proximity to the family and 

the home communities of such Juveniles, 

and (3) able to pro"lde the services described 

In (the Act) ". 

Also, such youth are categorically prohib- Ited trom being placed In adult JI\lls or lock-up. (Sec. 223(a) (13» 

Tile requirement that the court order be 

""alld" Is II. strong protection against libuse or discretion by the trial Judge. A "valid 

court order" means one that Is Issued after 

full due process rights have been accorded 

to the youth and his parents, guardian, or custodlnn. They are enumerated In In re Gal1lt. 381 U.S. 1, and articulated In statutes. 

rules. and case law In every state. They Include: 

(11 the .right to have the charges against the j\wenUe In writing; 

(2) the- right to notice and a reasonable 

time to prepare for hearing; 

(3) the. rlgllt to an _ explanation of the 

nature and eonsequences of the hearing; 

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(4) the right to a hearing before a court; 

(5) the right to legal counsel, and the 

right to have such counsel appOinted by the 

court If Indigent; (6) the right to confront witnesses; 

(7) the right to present witnesses; 

(8) the right to have a transcript or rec- ord of the proceedings; and 

(9) the right to appeal to an appropriate 

state court. 

Al!o, the Act encourages, and the Judges 

support, the provision of monitoring through advocr.JlY. See Sec. 233(0.) (1'0) (D), pro- viding for: 

". • . projects designed to develop and 

Implement programs stressing advocacy Mtlvltles aimed at Improving services for, 

and protecting the rights of, youth Impacted by the Juvenile Justice System ••. " 

Since the adoption of the Juvenile Justice 

Act, there has been a substantial change 

In the posture and position of most Juvenile 

Judges and Juvenile Courts. A healthy, Increased awareness of the Juvenile court·s 

responslblllty to use the least restrictive 

option In each case, conRlstent with the 

treatment needs of t~ juvenile and his 

family, and the public safety, has developed. With help and encouragement from OJJDP, 

juvenile courts have gl'eatly expanded the use of diversion and speCifiC, treatmentrelated Intervention. The use of coercion has 

been substantially minimized. Thus, status 

offense referrals to the juvenile courts decreased 9.9 percent In 1976 and 21.3 percent In 1977-0. reflection of Increased use of 

community resources and diversion. Detention of status offenders decreased by 49.4 

percent from 1975 to 1977. ("Special report: 

.A Summary of Reported Data Concerning 

Young People and the Juvenile Justice System, 1975-1977," prepared for O.J.J.D.P. by National Center for Juvenile Justice, March, 

198'0) CONCLUSION 

The federal Initiative In Juvenile Justice 

Is at a critical Juncture. Much progress has 

been made. Much, much more remains to 

be done. 

However. unless the change recommended 

by the Human Resources Subcommltee Is 

adopted, many states wl\l be Impelled to 

withdraw from participation. The victims 

of such an action will be the very children 

and families the Congress Intendcd to serve. 

Mr. Speaker, as is usually the case 

on any issue, there are sides. Thase op- posing my amendment made very sincere arguments although the usual 

theme was one of permissiveness which 

seems to permeate so much of our society. Judges are wrong, parents are 

wrong. The youthful offender, even the 

repeat offender? Well, he Is victimized 

and probably rIght. That seems to be 

their argument. I respectful1y take the oppasite point of view. Judges are entrusted to hear 

the case and responsibly adjudicate- often siding with the parents, often with 

the youth. But ; .. hat is best for saciety shauld always be paramount. When you allow the youthful trunnt to be the one 

wha has the rights and the judge the 

one we hold as suspect, something is 

wrong with our system. This seems to 

be the argument of those wha want ta 

cCiltlnue a situation where the youthful offender con look at the judge !lnd, in 

effect, thumh his nose. 

Ohio is in n particularly critical po- sition. Unless my amendment were to 

pass, our judges would be under the 

Federal gun and forced to make accommodations in their courts which they 

not only do not want to make but, In 

their experience, would limit their abilNovember 19, 1980 CONGRESSIONAL RECORD -HOUSE 

Ity to deal with offenders who come 

before them. 

Here is a list of those organizations which opposed the "valld court order" 

amendment. Maybe our learned judges should take a moment of their time to 

talk to some of these groups like a 

Dutch uncle and instill some sense of 

what is ~eally in.volved in these issues. 

Girl Scouts of U.S.A.? Now really. May- be when the Scouts grow up they will 

see things differently. At least for the 

record, here they are: 

National Association of Counties. 

National Board ot YMCA's. 

NatloI\al Conference ot Catholic Charities. 

National Congress of Parents and Teachers. 

National Council on Crime and Dellnquenoy. • 

National Council ot Jewish Women. 

National League of Cities. 

Assocla.tlon of Junior Leagues. 

National Network for Runaway and Youth 

Services, Inc. 

National Prison ProJect. 

National Youth Work Alliance. 

American CI,,1\ Uberties Union. 

American Red Cross Youth services. 

American Veterans Committee. 

Boys' Clubs of America. 

Campfire Inc. 

Girls' Clubs of America. 

Girl Scouts of U.S.A. 

United Neighborhood Centem of America. 

U.S. CathOlic Conference. 

~Iatlon of Waallington State Community Youth services. 

Callt(.)rnla Child, Youth, and Pamlly Coalition. 

Colorado youth Alternatives Council. 

Community Congress of san Diego. John Howard ASSOCiation. 

Illinois youth Service Bureau AssOCiation. 

Illinois Collaboration on Youth. . Iowa Network of Community Youth Services. 

Maryland Youth Advocacy COalltlon. 

MIchigan ASSOCiation of Youth Service Bureaus, Inc. 

Minnesota Youth Advocates Coalition. 

Mountain Plains Youth Services Coalltlon 

(South Dakota, North Dakota Montana and Wyoming). " 

New Hampshire Federation of Youth services. 

New Mexico youth Work Alllance. 

Ohio Youth services Network. 

Oregon Youth Work Alliance. 

Vermont State Association of Youth serv- Ice Bureaus. 

Wisconsin Association for Youth. 

Youth Network Council of Illlnoll. 

Youth ~lIcy and Law Center, Wisconsin. 

Olnce ot Regional, Pro~'lnclal, and State 

Child Care AsSOCiations. 

American Parenta Committee. 

Mr. Speaker, November 19 will rank 

as an Impartant day for those Who 

are on the front lines, our juvenile and family court Judges who are 

trying to bring some order to the 

chaos that society has created and 

dumped into their courts each and every day of 'their lives. Society won today. Parents wan today. Our fine judges won toda.y. 

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SENATE ADOPTION OF THE HOUSE AMENDMENTS 

'ID S. 2l~41, NOVEMBER 20, 1980 

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November 20, 1980 

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CONGRESSIONAL RECORD..-SENATE 

AMENDMENT~ OF JUVENILE JUSTICE 

AND DELINQUENCY PREVENTION 

ACT 

Mr. ROBERT C. BYRD. Mr. President, 

on behalf of Mr. BAYH, I ask the Chair 

to lay before the Senate a message from 

the HOllse of Representatives on S. 2441. 

The PRESIDING OFFICER laid before the Senate a. message from the 

House of Representatives insisting on 1ts 

amendments to the bill (S. 2441) to 

amend the Juvenile Justice and DeIl.nquency Prevention Act of 1974, and for 

other purposes. and requesting a confel'-

ence with the Senate on the disagreeing 

votes of the two Houses thereon. 

Mr. ROBERT C. BYRD. Mr. President, 

on I)ehalf of Mr. BAYH, I move that the 

Senate concur ill the House amendments 

en bloc, 

T.\le PRESIDING OFFICER. Without 

objection, it is so ordered. 

,1\1\'. ROBERT C. BYRD. Mr. President, 

I move to reconsider the vote by which 

the motion was agreed to. 

Mr. BAKER. I move to lay that on the 

table. 

The motion to lay on the table was 

agreed to. 

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STATEr~NT BY PRESIDENT CARTER UPON SIGNING S. 2441 

THE JUVENILE JUSTICE AMENDMENTS OF 1980 

DEC}~ER 8, 1980 

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'a. 

Weekly 

Compilation 

of 

PRESIDENTIAL DOCUMENTS 

Monday, December 15, 1980 

Volume 16-Number 50 

Pages 2785-2808 

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Dec. 8 Administration 01 Jimmy Carter, i 980 

2787 

J l1ven.ilc J l1stice Amendments of 

1980 

Siaillmlltat on Signing S. 24411nto Law. 

Dllcllmbllr 8, 1980 

On July 1st of this year, I sent a message to Congress indicating my deep commitment to the goals and objectives of the 

Juvenile Justice and Delinquency Prevention Act. 1 am pleased to reiterate that 

commitment by signing S. 2441, the Juvenile Justice Amendments of 1980. This 

2788 

legildation will continue the authori7.ations 

of both the Juvenile Justice and Delinquency Prevention Act and the Runaway 

and Homeless Youth Act for 4 years. 

The children of America are our most 

precious resource. One negative experience with the justice system can permanently mar a young person's future. The 

Juvenile Justice and Delinquency Prevention Act is particularly im~lortant, because 

it establishe~ a program to prevent young 

people from having that first negative experience with the criminal justice system, 

rather than reacting to incidents after 

their occurrence. Six years after its enactment, we can take great pride in its accomplishments. It has demonstrated many 

new alternatives to traditional methods of 

dealing with children in the juvenile justice system and contributed to substantial 

progress in providing fair and effective 

treatment for our young people. 

The report of the House Committee on 

Labor and Education found that since 

passage of the original act, the proportion 

of seriOUIP crimes committed by juveniles 

has steadily dropped. 

The major share of funds under the act 

is allocated to the States to implement the 

programs each State decides are most appropriate and effective for that particular 

State. I am particularly pleased that Congress accepted an amendment advocated 

by the administration which will result in 

Preceding page ~Iank 

the removal of juveniles from adult jails 

and lockups. This provision will go a long 

way toward addressing what the Deputy 

Attorney General termed a 'Inational catastrophe" when testifying before Congress last March. 

It is also satisfying that provisions of the 

law which call for the coordination of 

Federal juvenile delinquency programing 

have been strengthened. The Coordinating Council on Juvenile Justice and Delinquency Prevention has provided Federal agencIes with an effective means of 

marshaling their forces and acting in a 

unified and consistent manner. These efforts to reduce duplication and promote 

intera~ency cooperation lihould serve ali a 

model for all levels of government. 

Other prclvisions of S. 2441 authorize 

assistance for children who have run away 

from home or who are otherwise homeless, 

establish a separate omrc of Juvenile Justice and Delinquency Prevention within 

the Justice Department assuring the independence necessary to effectively do its 

job, and reduce rcdtape at the local level. 

Since first enacted in 1974, the Juvenile 

Justice and Delinquency Prevention Act 

has enjoyed a broad base of support from 

public agendes ancl j>t'ivate organi1.ations 

and strong bipartisan support in the Congress. I would like to give particular credit 

to Senator Rirch Ba)'h, an author' of the 

original 1974 legislation. The children of 

the country will lose an effective advocate 

when he leaves the Congress. I would like 

to thank Senator Strom Thurmond, Congressman Ike Andrews, and Congressman 

E. Thomas Coleman, who managed the 

bill and were instrumental in assuring that 

the legislation was not ignored in the closing days of the congressional session. 

NOTE: As enacted, S. 2441 is Public Law 96-

509, approved December 8. 

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THE JUVENILE JUSTICE AND DELINQUENCY 

FREVErfrION ACT, AS AMENDED THROUGH DEDEMBER 8, 1980 

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THE 

JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION ACT OF 1974 

As Amended Through December 8, 1980 

* 

Public Law 93-415 

As Amended By 

The Fiscal Year Adjustment Act 

(Public Law 94-273) 

The Crime Control Act of 1976 

(Public Law 94-503) 

The Juvenile Justice Amendments of 1977 

(Public Law 95-115) 

and 

The Juvenile Justice Amendments of 1980 

(Public Law 96-509) 

* 

gn get 

To provide a comprellens/ve, coordlna/ed approach /0 /he prob/oms 01 Juvenile 

delinquency, and lor a/her purpose". 

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This Compilation las Been Prepared, in Part, By 

THE SUBCOMMITTEE ON HUMAN RESOURCES 

COMMITTEE ON EDUCATION AND LABOR 

U. S. HOUSE OF REPRESENTATIVES 

* 

Reprinted With Permission For Public Distribution By 

OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

OFFICE OF JUSTICI~ ASSISTANCE, RESEARCH, 

AND STATISTICS 

U. S. DEPABXMENT OF JUSTICE 

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JUVENILE JUSTWE AND DELINQUENCY PREVENTION ACT 

OF 1974 1 

AN ACT To provide a comprehensive. coordinated approach to the problems of 

juvenile delinquency. and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the tlJuvenile Justice and Delinquency Prevention Act 

of 1974". (42 U.S.C. 5601 note) 

TITLE I-FINDINGS AND DECLARATION OF PURPOSE 

FINDINGS 

SEC. 101. (a) The Congress hereby finds that-

(1) juveniles account for almost half the arrests for serious 

crimes in the United States today; 

(2) understaffed, overcrowded juvenile courts, probation services, and correctional facilities are not able to provide individualized justice or effective help; 

(3) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs 

of the countless, abandoned, and dependent children, who, because of this failure to provide effective services, may become 

delinquents; 

(4) existing programs have not adequately responded to the 

partiCUlar problems of the increasing numbers of young people 

who are addicted to or who abuse alcohol and other drugs, par- ticularly nonopiate or polydrug abusers; 

(5) juvenile delinquenc;ir can be prevented through programs designed to keep studen.u:I in elementary and secondary schools 

through the prevention of unwarranted and arbitrary suspen- sions and expulsions; 

(6) States and local communities which experience directly the devastating failures of the juvenile justice system do 'not 

presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; 

(7) existing Fed~ral programs have not provided the direction, coordination, resources, nnd leadership required to meet 

the crisis of delinquency; and 

I This Compilation reflects amendments made to the Juvenile Justice and Delinquency Prevention Act of 1974 by the Fiscal Year Adjustment Act <Public Law 94-273; 90 Stat. 375), the 

Crime Control Act of 1976 (Public Law 94-503; 90 Stat. 2407), the Juvenile Justice Amendments 

of 1977 (Public Law 95-l15; 91 Stat. 1048), and the Juvenile Justice Amendments of 1980 (Public Law 96-509; 94 Stat. 2750). 

(1) 

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(8) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, 

with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and 

rehabilitation. 

(b) Congress finds further that the high incidence of delinquency 

in the United States today r.lsults in enormous annual cost and immeasurable loss of human life, personal security, and wasted 

human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency. (42 U.S.C. 5(01) 

PURPOSE 

SEC. 102. (a) It is the purpose of this Act-

(1) to provide for the thorough and prompt evaluation of all 

federally assisted juvenile delinquency programs; 

(2) to provide technical assistance to public and private agencies, institutions, and individuals in developing and implementing juvenile delinquency programs; (3) to establish training programs for persons, including professionals, paraprofessionals, and volunteers, who work with 

delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs; (4) to establish a centralized research effort on the problems 

of juvenile delinquency, including an information clearinghouse to disseminate the findings of such research and all data 

related to juvenile delinquency; (5) to develop and encourage the implementation of national 

standards for the administration of juvenile justice, including 

recommendations for administrative, budgetary, and legislative 

action at the Federal, State, and local level to facilitate the 

adoption of such standards; 

(6) to assist State and local communities with resources to 

develop and implement programs to keep students in elemen~ 

t:ary and secondary schools and to prevent unwarranted ana 

arbitrary suspensions and expUlsions; (7) to establish a Federal ossistance program to deal with the 

problems of runaway youth; and 

(8) to assist State and local governments in removing juveniles from jails and lockups for adults. 

(b) It is therefore the further declared policy of Congress to provide the necessary resourr.!~s, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing 

juvenile delinquency, including methods with a special focus on 

maintaining and strengthening the family unit so that juveniles 

may be retained in their homes; (2) to develop and conduct effective 

programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of 

State and local governments and public and private agencies to 

conduct effective juvenile justice and delinquency prevention and 

rehabilitation programs and to provide research, evaluation, and 

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training services in the field of juvenile delinquency prevention. (42 U.S.c. 5(02) 

DEFINITIONS 

SEC. 103. For purposes of this Act- . (1) the term "community based" facility, program, or service 

means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service which maintain community and 

consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited 

to, medical, educational, vocational, social, and psychological 

guidance, training, special education, counseling, alcoholism 

treatment, drug t.reatment, and other rehabilitative services; 

(2) the term "Federal juvenile delinquency program" means 

any juvenile d4~linquency program which is conducted, directly, 

or indirectly, or is assisted by any Federal department or 

agency, including any program funded under this Act; 

(3) the term 'Juvenile delinquency program" means any program or activity related to juvenile delinquency prevention, 

control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse 

programs; the improvement of the juvenile justice system; and 

any program or activity for neglected, abandoned, or dependent youth and other youth to help prevent delinquency; 

(4)(A) the term "Office of Justice Assistance, Research, and 

Statistics" means the office established by section 801(a) of the 

Omnibus Crime Control and Safe Streets Act of 1968; 

(B) the term "Law Enforcement Assistance Administration" 

means the administration established by section 101 of the Omnibus Crime Control and Safe Streets Act of 1968; 

(C) the term "National Institute of Justice" means the institute established by section 202(a) of the Omnibus Crime Control and Safe Streets Act of 1968; and 

(D) the term "Bureau of Justice Statistics" means the bureau 

established by section 302(a) of the Omnibus Crime Control and 

Safe Streets Act of 1968; 

(5) the term "Administrator" means the agency head desig- nated by section 201(c); 

(6) the term "law enforcement and criminal justice" means 

any activity pertaining to crime prevention, control, or reduction or the enforcement of the Icriminal law, including, but not 

limited to police efforts to prevent, control, or reduce crime or 

to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services. activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, 

or reduction of ~uvenile delinquency or narcotic addiction; 1 

(7) the term 'State" means any State of the United States, 

the District of ~olumbia, the Commonwealth of Puerto Rico, 

the Trust Territory of the Pacific Islands, the Virgin Islands, 

I So in original. Apparently should include II closing parenthesis. 

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Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (8) the ter,m "unit of general local government" means any city, county, township, town, borough, parish, village, or other 

general purpose political subdivision of a State, an Indian tribe 

which performs law enforcement functions as determined by the Secretar)' of the Interior, or, for the purpose of assistance 

eligibility, any agency of the District of Columbia government performing law enforcement functions in and for the District 

of Columbia and funds appropriated by the Congress for the activities of such agency may be used to provide the non-Federal 

share of the cost of programs or projects funded under this 

title; (9) the term "combination" a:s applied to States or units of 

general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a jtlvenile justice and delinquency 

prevention plan; (10) the term "construction" means acquisition, expansion, remodeling, and alteration of existing buildings, and initial 

equipment of any such buildings, or any combination of such 

activities (including architects' fees but not the cost of acquisition of land for buildings); (11) the term "public agency" means any State, unit of local 

government, combination of ~uch States or units, or any department, agenw., or instrumentality of any of the foregoing; (12) the term I secure detention facility" means any public or 

private residential facility which-

(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other 

individuals held in lawful custody in such facility; and 

(B) is used for the temporary placement of any juvenile. who is accused of having committed an offense, of any nonoffender, or of any other individual accused of having committed a criminal offense; (13) the term "secure correctional facility" means any public 

or private residentiai facility which-

(A) includes construction fixtures designed to physically 

restrict the movements and activities of juveniles or other 

individuals held in lawful custody in such facility; and 

(B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as 

having committed an offense, any nonoffender, or any 

other individual convicted of a criminal offense; (14) the term "serious crime" means criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony, motor vehicle theft, 

burglary or breaking and entering, extortion accompanied by 

threats of violence, and arson punishable as a felony; and 

(15) the term "treatment" includes but is not limited to 

medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts 

and other users by eliminating their dependence on alcohol or 

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other addictive or nonaddictive drugs or by controlling their ~6~ndence and susceptibility to addiction or use. (42 u.S.c. 

TITLE II-JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION 

PART A-JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFt~J~'!1i: 

ESTABLISHMENT OF OFFICE 

SEC. 201. (a) There is hereby created within the Department of 

Justice, ~under ~he gen~ral author~ty of the Attorney General, the 9ffic~ of Juvemle ,~ustIc~, and DelInquency Prevention (referred to 

10 t~~ Act as t~e Office). The Adm1Oistrator shall administer the 

prOVISIons of thIS Act through the Office. 

(b) The programs authorized pursuant to this Act unless otherwise specifit.>d. in this Act shall be administered by the Office established under this section. 

(c) There s~all be at the head of the Office an Administrator who 

shall be nomlllated by the President by· and with the advice and 

consent of the Senate. 

(d) The Administrator shall exercise all necessary powers subject 

to tl?-e genera! authority of the Attorney General. The Ad~inistra­ tor IS authorized to prescribe regulations for, award administer 

modify, extend, terminate, monitor, evaluate, reject' or deny ali 

grants and contrac.t9 from, and applications for, funds' made available under part B and part C of this title. The Administrator of the 

Law Enforcement Al'1Sistance Administration and the Director of 

the Nati~n.al Institute of Justice 'may delegate such authority to 

the Adm1O~strator of the Office of Juvenile Justice and Delinquency PreventIon for all grants and contracts from and applications 

for, .fund~ m!lde .availablt" ~nder ~his part and fUn'ds made available 

for J~vemle J.ustIce and delInquency prevention programs under the 

Ommbus CrIme Con.trol and Safe Streets Act of 1968, as amended. 

(e) Th~re shall be 10 the Office a Deputy Administrator who shall 

be appo1Oted by the Attorney General. The Deputy Administrator s~all pet10rm such functions as the Administrator from time to 

time assIgnS or ~el~!ltes, and shall. a.ct as Administrator during the absence or dISabibty of tht" Adm1OlStrator or ~n the event of a 

vacancy in the office of the Administrator. . (t) There shall be e!!tablished in the Office a Deputy Admhlistrator who shall be appo1Oted by. the Attorney General whose function 

shall be to supervise and direct the National Institute for Juvenile Justi~e and Delinquency Prevention established under section 24l 

of thIS Act. 

(g) ~ction 5108(c)(10) or, title 5, United States Code first ocl;ur- ~n~e, IS amended by delet10g the word "twenty-two" and inserting 10 beu thereof the word "twenty-five". (42 u.S.C. 5611) 

PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS 

SEC. 202. (a) The A~ministrator is authorized to select, employ, and fix the compensatIon of such officers and employees, including 

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attorneys, as are necessary to perform the functions vested in hirp and to prescribe their functions. 

(b) The Administrator is authorized to select, appoint, and 

employ not to exceed three officers and to fix their compensation 

at rates not to exceed the rate now or hereafter prescribed for GS18 of the General Schedule by section 5332 of title 5 of the United 

States Code. 

(c) Upon the request of the Administratoi", the head of any Federal agency is authorized to detail, on a reimbursable bosis, any of its 

personnel to the Administrator to assist him in carrying out his 

functions under this Act. 

(d) The Administrator may obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed 

the rate now or hereafter prescribed for GS-18 of the General 

Schedule by section 5332 of title 5 of the United States Code. (42 U.S.C.5612) 

VOLUNTARY SERVICE 

SEC. 203. The Administrator is authorized to accept and employ, 

in carrying out the provisions of this Act, voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of 

the Revised Statutes (31 U.S.C. 665(b». (42 U.S.C. 5613) 

CONCENTRATION OF FEDERAL EFFORTS 

SEC. 204. (a) The Administrator shall implement overall policy 

and develop objectives and priorities for all Federal juvenile delinquency programs and activities relating to prevention, diversion, 

training, treatment, rehabilitation, evaluation, research, and improvement of the juvenile justice system in the United States. In 

carrying out his functions, the Administrator shall consult with the 

Council and the National Advisory Committee for Juvenile Juotice 

and Delinquency Prevention. 

(b) In carrying out the purposes of this Act, the Administmtor 

shall-

(1) advise the President through the Attorney General as to 

all matters relating to federally assisted juvenile delinquency 

programs and Federal policies regarding juvenile delinquency; 

(2) assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency 

in the development and promulgation of regulations, guidelines, requirements, criteria, standards: procedures, and budget 

requests in accordance with the policies, priorities, and objec- tives he establishes; 

(3) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency 

programs and activities and of the prospective performance 

and results that might be achieved by alternative programs and activities supplementary to or in lieu of those cur.rently being administered; , (4) implement Federal juvenile delinquency programs and activities among Federal departments and agencies and between 

Federal juvenile delinquency programs and activities and other 

Federal programs and activities which he determines may 

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have an important bearing on the success of the entire Federal 

juvenile delinquency effort; 

(5) develop annually with the assistance of the Advisory 

Committee and the Coordinating Council and submit to the 

President and the Congress, after the first year following the 

date of the enactment of the Juvenile Justice Amendments of 

1977, prior to December 31, an analysis and evaluation of Federal juvenile deliquency programs conducted and assisted by 

Federal departments and agencies, the expenditures made, the 

results achieved, the plans developed, and problems in the operations and coordination of such programs and a brief but 

precise comprehensive plan for Federal juvenile delinquency 

programs, with particular emphasis on the prevention of juvenile delinquency and the development of programs and services which will encourage increased diversion of juveniles from 

the traditional juvenile justice system, which analysis and 

evaluation shall include recommendations for modifications in 

organization, management, personnel, standards, budget requests, and implementation plans necessary to increase the effectiveness of these programs; and 

(6) provide technical assistance and, training assistance to 

Federal, State, and local governments, courts, public and private agencies, institutions, and individuals, in the planning, establishment, funding, operation, or evaluation of juvenile delinquency programs. 

(c) The President shall, no later than ninety days after receiving each annual report under subsection (b)(5), submit a report to the 

Congress and to the Council containing a detailed statement of any 

action taken or anticipated with respect to recommendations made 

by each such annual report. 

(dX1) The first annual report submitted to the President and the 

Congress by the Administrator under subsection (b)(5) shall contain, in addition to information required by subsection (b)(5), a detailed statement of criteria developed by the Administrator for ident~fying the characteristics of juvenile delinquency, juvenile delinquency prevention, diversion of youths from the juvenile justice 

system, and the training, treatment, and rehabilitation of juvenile delinquents. 

(2) The second such annual report shall contain, in addition to 

information required by subsection (b)(5), an identification of Federal programs which are related to juvenile delinquency prevention 

or treatment, together with a statement of the moneys expended 

for each such program during the most recent complete fiscal year. 

Such identification shall be made by the Administrator through the use of criteria developed under paragraph (1). 

(e) The third such annual report submitted to the President and 

the Congress by the Administrator under subsection (b)(5) shall 

contain, in addition to the comprehensive plan required by subsection (bX5), a detailed statement of procedures to be used with respect to the submitlsion of juvenile delinquency development statements to the Administrator by Federal agencies under subsection 

(141"). Such statement submitted by the Administrator shall include 

a description of information, data, and analyses which shall be contained in each such development statement. 

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(0 The Administrator may requir~, through aI?propriate fl~tho.rity Federal departments and agencIes engaged m any act~vlty ~nvdlving any Federal juvenile delinquency program to provl~e hIm 

with such information and reports, and to conduct such studIes and 

surveys, as he may deem to be necessary to carry out the purposes 

of this part. f h' f t' d (g) The Administrator lDay delegate any 0 IS unc Ions un er 

this title, to any officer or .employee. of the Of~~e., . (h) The Administrator IS authorIzed to utIhze the servIces and 

facilities of any agency of the Federal Governme.nt and of !lny 

other public agency or institution in !lccor~ance .Wlth approprIate . agreements, and to pay for such servIces eIther 10 advance or by 

way of reimbursement as may be agreed upon. . (i) The Administrator is authorized to transfer funds approprIated under this title to any agency of. th~ Fed!"ral G!>vernment to 

develop or demonstrate new methods 10 Juveml~ d.ehnqu~ncy prevention and rehabilitation and to supplemeD;t eXlst10g de~lI~quency 

prevention and rehabilitation. programs w~lCh the Adm1Olstr~tor 

finds to be exceptionally effective or for whIch he finds there eXISts 

exceptional need. . (j) The Admin~strator is a~thorl~e~ to make grants t?, o~ en~r 

into contracts'wIth, any pubhc or private agency,.or~an~zatIon, 10-

stitution, or individual to carry ~ut the purposes ?f t~llS title. 

(k) All functions of the Admimstrator under thIS title shall be coordinated as appropriate with the. functions o.f the Secretary of 

Health and Human Services under tItl~ III of thIS Act. . (IX1) The Administrator shall requlr~ ~hrough appropr~ate ~uthority each Federal agency which admlmsters a Federal Juvemle 

delinquency program which meets any criterion developea by the 

Administrator under section 204(dXl) to submit annually to the 

Council a juvenile delinquency development ~tatement. Such statement shall be in addition to any information, report, .study, or 

survey which the Administrator may require under section 294(0. 

(2) Each juvenile delinquency develoPIH~pt statement su~mlt~ 

to the Administrator under subsection ( I ) shall be sub~~tted 10 

accordance with procedures estab!ished ~y the ~dmlmstrator 

under section 204(e) and shall contam such 1OformatIon,. data, and 

analyses as the Administrator may require under sectIOn. 204(e). 

Such analyses shall include an analysis of the extent to WhlC~ ~he 

juvenile delinquency program of the Federal agency submlttmg 

such development statement conforms with and furthers F~e.ral 

juvenile delinquency prevention and treatment goals and poI~cles. 

(3) The Administrator shall review and comme~t upon e.ach Juvenile delinquency development statement transmItted to hlII~ under 

subsection ("l"). Such development statement, together wIth the 

comments of the Administrator, shall be included by the Federal 

agency involved in every recommendation or request made J:>y su~h 

agency for Federal legislation which significantly affects Juvemle 

delinquency prl~vention and treatment. .. (m) To carry out the purposes of this section, there l~ authorIzed 

to be appropriated for each fiscal year an amou~t whlCh does not 

exceed 7.5 percent of the total amount apprQprlated to carry out 

this title. (42 U.S.C. 5614) 

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JOINT FUNDING 

SEC. 205. Notwithstanding any other provision of law, where 

funds are made available by more than one Federal agency to be 

used by any agency, organization, institution, or individual to carry 

out a Federaljuvenile delinquency program or activity, anyone of 

the Federal agencies providing funds may be requested by the Administrator to act for all in administering the funds advanced 

whenever the Administrator finds the program or activity to be exceptionally effective or for which the Administrator finds exceptional need. In such cases, a single non-Federal share requirement 

may be ~stablished according to the proportion of funds advanced 

by each Federal agency, and the Administrator may order any 

such agency to waive any technical grant or contract requirement 

(as defined in such regulations) which is inconsistent with the similar requirement of the administering agency or which the administering agency does not impose. (42 U.S.C. 5(15) 

COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION 

SEC. 206. (a)(I) There is hereby established, as an independent or-

'ganization in the executive branch of the Federal Government a 

Coordinating Council on Juvenile Justice and Delinquency Prevention (hereinafter referred to as the "Council") composed of the Attorney General, the Secretary of Health and Human Services, the 

Secretary of Labor, the Secretary of Education, the Secretary of 

Housing and Urban Development, the Director of the Community 

Services Administration, the Director of the Office of Drug Abuse 

Policy, the Director of the ACTION Agency, the Director of the 

Bureau of ,Prisons, the Commissioner of the Bureau of Indian Affairs, the Director for the Office of Special Education and Rehabilitation Services, the Commissioner for the Administration for Children, Youth, and l!'amilies, and the Director of the Youth Development Bureau, or their respective designees, the Director of the 

Office of Justice Assistance, Research and Statistics, the Administrator of the Law Enforcement Assistance Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Deputy Administrator of the Institute for Juvenile 

Justice and Delinquency Prevention, the Director of the National 

Institute of Justice, and representatives of such other agencies as 

the President shall designate. 

(2) Any individual designated under this section shall be selected 

from individuals who exercise significant decision making a~thority in the Federal agency involved. 

(b) The Attorney General shall serve as Chairman of the Council. 

The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The 

Vice Chairman shall act as Chairman in the absence of the Chairman. 

(c) The function of the Council shall be to coordinate all Federal 

juvenile deliquency programs. The Council shall make recommendations to tho President, and to the Congress, at least annually 

with respect to the coordination of ov~rall policy and development of objectives and priorities for all Federal juvenile delbquency pro255 

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grams and activities. The Council is authorized to review the pro- grams and practices of Federal agencies and report on the degree 

to which Federal agency funds are used for purposes which are 

consistent or inconsistent with the mandates of section 223(a)(12)(A) 

and (13) of this title. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken 

by the Office of Juvenile Justice and Delinquency Prevention and 

any agency represented on the Council. 

(d) The Council shall meet at, least quarterly and a description of 

the activities of the Council shall be included in the annual report required by section 204(b)(5) of this title. 

(e) The Administrator shall, with the approval of the Council, ap- point such personnel or staff support as he considers necessary to 

carry out the purposes of this title. 

(0 Members of the Council who are employed by the Federal 

Government full time shall be reimbursed for travel, subsistence, 

and other necessary expenses incurred by them in carrying Qut the 

duties of' the Council. 

(g) To carry out the purposes of this section there is authorized to 

be appropriated such sums as may be necessary, not to exceed 

$500,000 for each fiscal year. (42 U.S.c. 561fJ) 

NATIONAL ADVISORY COMMITrEE FOR JUVENILE JUSTICE AND 

DELINQUENCY PREVENTION 

SEC. 207. (a)(1) There is hereby established a National Advisory 

Committee for Juvenile Justice and Delinquency Prevention (hereinafter in this Act referr(~d to as the "Advisory Committee") which 

shall consist of 15 memm!rs appointed by the President. 

(2) Members shall be appointed who have special knowledg~l concerning the prevention and treatment of juvenile delinquency or 

the administration of juvenile justice, such as juvenile or family 

court judges; probation, correctional, or law enforcement personnel; representatives of private, voluntary organizations and community- based programs, including youth workers involved with alternative 

youth programs; and persons with special training or experience in 

addressing the problems of youth unemployment, school violence 

and vandalism, and learning disabilities. 

(3) At least 5 of the individuals appointed as members of the Advisory Committee shall not have attained 24 years of age on or 

before the date of their appointment. At least 2 of the individuals 

so appointed shall have been or shall be (at the time of appointment) under the jurisdiction of the juvenile justice system. The Advisory Committee shall contact and seek regular input from juve- niles currently under tlie jurisdiction of the juvenile justice system. 

(4) The President shall designate the Chairman from members 

appointed to the Advisory Committee. No full-time officer or employee of the Federal Government may be appointed as a member 

of the Advisory Committee, nor may the Chairman be a full-time 

officer or employee of any State or local government. (b)(1) Members appointed by the President shall serve for terms 

of 3 years. Of the members fil'St appointed, 5 shall be appointed for 

terms of 1 year, 5 shall be appointed fol' terms of 2 years, and 5 

shall be appointed for terms of 3 years, as designated by the President at the time of appointment. Thereafter, the term of each 

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member shall be 3 years. The initial appointment of members shall 

b,e made not later than 90 days after the effective date of this section. 

(~) A~y member appointed t? fill a vacancy occurring before the 

expIration of the term for whIch the predecessor of such member 

was appointed ~hall be appointed only for the remainder of su;;:.h 

term. The PresIdent shall fill a vacancy not later than 90 days after such vacancy occurs. Members shall be eligible for reappointment and may serve after the expiration of their terms until their 

successors have taken office. 

(c) The Advisory Committee shall meet at the call of the Chairman, but not lass than quarterly. Ten members of the Advisory Committee shall constitute a quorum. (d) The Advisory Committee shall-

. (1) revie~ an.d eV8;lua.te, ?n a conti~uing basis, Federal poli- CIes regardmg Juvemle Justice and delmquency prevention and 

activities affecting juvenile justice and delinquency prevention conducte~ or assisted .b~ all Fede~al agencies; . (2) adVIse the Admimstrator WIth respect to particular functIOns or 8;spects of the 'York of the Office; 

(3) adVIse, consult WIth, and make recommendations to the 

National Institute of Justice and the National Institute for Juvenile Justice and Delinquency Prevention concerning the ~>vera!l p~lic~ and oper8:tions of each such Institute regarding Juvemle Justice and dehnquency prevention research evaluations, and training provided by each such Institute' and 

(4) make refinements in recommended standard~ for the administration of juvenile justice at the Federal State and local 

levels which have been reviewed under sectio~ 247, ~nd recommend Federal, State, and local action to facilitate the adoption of such standards throughout the United States. 

(e) Beginning in 1981, the Advisory Committee shall submit such 

interim reports as it considers advisable to the President and to the 

Congress, and shall submit an annual report to the President and 

to the Congress n.ot later th~~ ~arch 31 of each year. Each such 

report shal~ descrIbe the actiVItIes of the Advisory Committee and 

shall qontam s~ch findings and recommendations as the Advisory CommIttee cO!lsiders nece.ssary or appropriate. 

(f) The A~vIsory qommittee shall have staff personnel, appointed, 

by ~he. C~alrmap "~h the. app\·o.v~l. of the Advisory Committee, to 

aSSIst It m carry", ' out ItS actiVIties. The head of each Federal age~cy shall ma~·, a,:silable to .the Advisory Committee such infor- ~.atIon and ot~er asslstange as It may require to carry out its activItIes. The :\dvlsory Comml.ttee sh,all not hav~ any authority to procure any temporary or mtermlttent serVIces of any personnel under sec~i~n 3109 of title 5, United States Code, or undel' any other prOVISIon of law. 

(~)(l) Members of .the Advisor~ Committe~ shall, while serving on bu~mess of the AdVIsory CommIttee, be entitled to receive compen- sation at a rate not to exceed the daily rate specified for Grade GS18 of ~he Ge!leral Sche.dule in section 5332 of title 5, United States 

Code, mcludmg traveltime. 

(2) Me.mbers of the. Advisory Committee, while serving away fro~ thelr pl~ces of reSIdence or regular places of business, shall be 

entitled to reImbursement for travel expenses, including per diem 

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~n lieu of supsistence, in ~he same ~anner as the expenses authorIzed by sectIon 5703 of tItJe 5, Umted States Code, for persons in 

the Federal Government service employed intermittently. 

(h) To carry out the purposes of this section, there is authorized 

to be appropriated such sums as may be necessary, not to exceed 

$500,000 for each fiscal year. (42 U.S.C. 5(17) 

PAR'l' B-FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS 

Subpart I-Formula Grants 

SEC. 221. Th~ Administrator is authorized to make grants to 

States and umts of general local government or combinations the~eof to assist th«;m in I?lanni~g, establishing, operating, coordinatmg, and evaluatmg projects dIrectly or through grants and contracts with public and private agencies for the development of 

more effective education, training, research, prevention diversion 

treatment, and rehabilitation programs in the area of jhvenile de: 

hnquency and programs to improve the juvenile justice system. (42 U.S.C. 5(31) 

ALLOCATION 

SEC. 222. (a) In accordance with regulations promulgated under 

this pa~t, funds s.hall be all<?cated annually among the States on 

the baSIS of relative populatIon of people under age eighteen. No 

such allotment to any State shall be less than $225,000, except that 

for the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern 

Mariana Islands no allotment shall be less than $56,250. 

(b) Except for funds appropriated for fiscal year 1975 if any 

amount so allotted remains unobligated at the end of the fiscal 

year! such f':lnds shall be realloca.ted in a manner equitable and 

conSIstent WIth the purpos!'l of t~ls part. Funds .appropriated for 

fiscal year 1975 may be obhgated m aCi:!ordance WIth subsection (a) 

until June 30, 1976, after which time they may be reallocated. Any 

amount so reallo~ated shall be in addJtion .to .the amounts already allotted and avaIlable to the State, the VIrgm Islands, American 

Samoa, Guam, and the Trust Territory of the Pacific Islands for the same period. 

(c). In accordance with regUlations promUlgated under this part, a por~lOn of any allotment to any State under this part shall be avaIl~ble to .develop a State plan 01' for other pre-award activities 

assoc,lated WIt~ such State plan, and to pay that portion of the expendItures WhICh are necessary for efficient administration including monitoring and evaluation. Not more than 7'12 per ce~tum of 

the total annual allotment of such State shall be available for such 

purposes, exce~t that any amount expended or obligated by such 

State, or by Umts of general local government or any combination 

thereof, from amounts made available under this subsection shall 

be ma.tched (in an amount equal to any such amount so expended 

or obhgated) by such State, or by such units or combinations from Sta~e or local funds, as the case may be. The State shall' make 

avaIlable needed funds for planning and administration to units of 

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general local government or combinations thereof within the State 

on an equitable basis. 

(d) In accordance with regulations promulgated under this part, 5 

per centum of the minimum annual allotment to any State under 

this part shall be available to assist the advisory group established 

under section 223(aX3) of this Act. (42 U.S.c. 5(32) 

STATE PLAN~\ 

SEC. 223. (a) In order to receive formula grants under this part, a 

State shall submit a plan for carrying out its purposes appli~able to 

a 3-year period. Such plan shall be amended annually to mclude 

new programs, and the State shall submit annual performance l'eports to the Administrator which shall describe progress in imple- menting programs contained in the original plan, and shall describe the status of compliance with State plan requirements. In accerdance with regulations which the Administrator shall prescribe, such plan shall-

(1) designate the State criminal justice council established by the State under section 402(b)(1) of the Omnibus Crime Control 

and Safe Streets Act of 1968 as the sole agency for supervising the preparation and administration of the plan; 

(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) (hereafter referred to 

in this part as the ClState oriminal justice council") has or will 

have authority, by legislation if necessa~l~y, to implement such 

plan in conformity with this part; 

(3) provide for all advisory group appointed by the chief executive of the State to carry out the functions specified in subparagraph (F), and to participate in the development and 

review of the State's juvenile justice plan prior to submission 

to the supervisory board for final action and (A) which shall 

consist of not less than 15 and not more than 33 persons who 

have training, experience, or special knowledge concerning the 

prevention and treatment of juvenile delinquency or the administration of juvenile justice, (B) which shall include locally elected officials, representation of units of local government, law enforcement and juvenile justice agencies such as lawenforcement, correction or probation personnel, and juvenile or 

family court judges, and public agencies concerned with delinquency prevention or treatment such as welfare, social services, mental health, education, special education, or youth services departments; (C) which shall include representatives of 

private organizations concerned with delinquency prevention 

or treatment; concerned with neglected or dependent children; 

concerned with the quality of juvenile justice, education, or 

social services' for children; which utilize volunteers to work 

with delinquents or potential delinquents; community-based delinquency prevention or treatment programs; business groups and businesses employing youth, youth workers involved with 

alternative youth programs, and persons with special experience and competence in addressing the problem of school violence and vandalism and the problem of learning disabilities; 

and organizations which represent employees affected by this 

Act, (D) a majority of whose members {illcluding the chairman) 

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shall not be full-time employees of the Federal, State, or local 

government, (E) at least one-fifth of whose members shall be 

under the age of 24 at the time of appointment, and at least 3 

of whoSE:' members shaH have been or shall currently be under 

the jurisdiction of the juvenile justice system; and (F) which (i) 

shall, consistent with this title, advise the State criminal jus- tice council and its supervisory board; (ii) shall submit to the 

Governor and the legislature at least annually recommenda- , tions with respect to matters related to its functions, including 

State compliance with the requirements of paragraph (12)(A) 

and paragraph (3); (iii) shall have an opportunity for review 

and comment on: all juvenile justice and delinquency prevention grant applications submitted to the State criminal justice council, except that any such review and comment shall be 

made no later than 30 days after the submission of any such 

application to the advisory group; {iv) may be given a role in 

monitoring State compliance with the requirements of para- graph (12)(A) and paragraph (13), in advising on State criminal 

justice council and local crimina.! justice advisory board composition, in advising on the State's maintenance of effort under 

section 1002 of the Omnibus Crime Control and Safe Streets 

Act of 1968, as amended, and in review of the progress and accomplishments of juvenile justice and delinquency prevention 

projects funded under the comprehensive State plan; and (v) 

shall contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; 

(4) provide for the active consultation with and participation 

of units. of general local government or combinations thereof in 

the development of' a State plan which adequately takes into 

account the needs and requests of local governments, except 

that nothing in the plan requirements, or any regUlations promUlgated to carry out such requirements, shall be construed to 

prohibit or impede the State from making grants to, or entering into contracts with, local private agencies or the advisory group; 

(5) unless the provisions of this paragraph are waived at the 

discretion of the Administrator for any State in which the 

services for delinquent or other youth are organized primarily 

"on a statewide basis, provide that at least 66% per centum of 

funds received by the State under section 222, other than funds 

made available to the fitate advisory group under section 

22::'ft'l), shall bexpended through-

(Js' ll=ograms of units of general local government or 

",un:' ations thereof, to the extent such programs are consistent with the State plan; and 

(B) programs of local private agencies, to the extent such 

programs are consistent with the State plan, except that 

direct funding of any local private agency by a S~ate shall 

be permitted only if such agency requests such funding after it has applie<! for and been denied funding by any 

unit of general local government or combination thereof; 

(6) provide that the chief executive officer of the unit of general local government shall assign responsibility for the preparation and administration of the local government's part of a 

State plan, or for the supervision of the prepatation and ad260 

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ministration of the local government's part of the State plan 

to that agency within the local government's structure or to ~ regional planning afiency (hereinafter in this part referred to 

as the IIl0cai agency') which can most effectively carry out the 

purposes of this part and shall provide for supervision of the 

programs funded under this part by that local agency; 

(7) provide for an equitable distribution of the assistance received under section 222 within the State; 

(8) provide for (A) an analysis of juvenile crime problems and 

juvenile justice and delinquency prevention needs within the 

relevant jurisdiction, a G.p.scription of the services to be provided, and a description of performance goals and priorities, including a specific statement of the manner in which programs 

are expected to meet the identified juvenile crime problems 

and ju.venile justice and delinquency prevention needs of the 

jurisdiction; (B) an indication of the manner in which the programs relate to other similar State or local programs which 

are intended to address the same or similar problems; and (C) 

a plan for the concentration of State efforts which shall Goordinate all S~ate juvenile delinquency programs with respect to 

overall pohcy and development of objectives and priorities for 

all State juvenile delinquency programs and activities including provision for regular meetings of State officials ~ith re- spon~ibility in the area of juvenile justice and delinquency pre- ventIOn; 

(9) provide for ,the ,active consultation with and participation 

of prIvate agenCIes In the development and execution of the 

State plan; and provide for coordination and maximum utilization of existing juvenile delinquency programs and other related programs, such as education, health, and welfare within the State; 

(10) provide that not less than 75 per centum of the funds 

available to such State under section 222, other than funds 

made available to the State advisory group under section 2~!2(d), whether expended. directly by the State, by the. unit of 

general local government or combination thereof, or through grf\nt~ and contracts with public or private agencies, shall be 

used for advanced techniques, in dev~loping, maintaining, and e;q~andIng programs and servIces deSIgned to prevent juvenile dt"lmquency, to divett juveniles from the juvenile justice 

systeM, to provide community-based alternatives to confinement in secure detention facilities and secure correctional 

faci!itie,s; t? encourage a diversity of alternatives within the juvenIle Justice system, to establish and adopt juvenile justice standards, and to provide programs for juveniles who have c~mmitted ~erious crimes, p~rticularly programs whiCh are deSIgned to improve sentencIng procedures, provide resources nece~a,ry for informed dispositions" and provide for effective 

rehabIhtatlOn, These advanced techmques include-

(A~ community-based programs and services for. the pre- ventlOn and treatment of juvenile delinquency through the 

development of foster-care and shelter-care homes, group 

homes, halfway houses, homemaker and home health serv- ic~s! twenty-four hour intake, screening, volunteer and 

crISlS home programs, educatIon, special education, day 

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" treatment, and home probation, and e.ny oth~r designated community-based diagnostic, treatment, or rehabilitative 

service; 

(B) community-based programs and services to work 

with parents and other family members to maintain and 

strengthen the family unit so that the juvenile may be retained in his home; 

(C) youth service bureaus and other community-based 

programs to divert youth from the juvenile court or to support, counsel, or provide work and recreational opportunities for delinquents and other youth to help prevent delinquency; 

(D) projects designed to develop and implement programs stressing advocacy activities aimed at improving 

services for and protecting the rights of youth impacted by 

the juvenile justice system; 

(E) educational programs or supportive services designed 

to encourage delinquent youth and other youth to remain 

in elementary and secondary schools or in alternative 

learning situations; 

(F) expanded use of probation and recruitment and 

training of probation officers, other professional and paraprofessional personnel and volunteers to work effectively 

with youth; (G) youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached 

by traditional youth assistance programs; 

(H) statewide programs through the use of subsidies or 

other financial incentives to units of local government designed to-

(i) remove juveniles from jails and lockups for 

adults; 

(ii) replicate juvenile programs designated as exemplary by the National Institute of Justice; 

(iii) establish and adopt, based upon the recommendations of the Advisory Committ.ee, standards for the 

improvement of juvenile justice within the State; or 

(iv) increase the use of nonsecure community-based 

facilities and discourage the use of secure incarceration and detention; 

(I) programs designed to develop and implement projects 

relating to juvenile delinquency and learning disabilities, 

including on-the-:iob training programs to assist law enforcement and juyenile justice personnel to more effectively recognize and provide for learning disabled and other 

handicapped juveniles; and 

(J) projects designed both to deter involw'llient in illegal 

activities and to promote involvement in lawful activities 

on the part of juvenile gangs aT l their members; 

(11) provide for the developmem. of an adequate research, 

training, and evaluation capacity within the State; 

(12XA) provide within three years after submission of the initial plan that juveniles who are charged with or who have 

committed offenses that would not be criminal if committed by 

an adult or 'offenses which do not constitute violations of valid 

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cO'.lrt orders, or such nonoffenders as dependent or neglected chlldren, shall not be placed in secure detention facilities or 

secure correctional facilities; and 

(B) provide that the State shall submit annual reports to the 

Administrator containing a review of the progress made by the St~te t? achieve the deinstitutionalization of juveniles descrIbed In subparagraph (A) and a review of the progress made 

by the State to provide that such juveniles, if placed in facilities, are placed in facilities which (i) are the least restrictive 

alternatives appropriate to the needs of the child and the community; (ii) are in reasonable proximity to the family and the 

home communities of such juveniles; and (iii) provide the services described in section 103(1); 

(13) provide that juveniles alleged to be or found to be delinquent and ~ouths within the purview of paragraph (12) shall 

not be detaIned or confined in any institution in which they 

have regular contact with adult persons incarcerated because 

they have been convicted of a crime or are awaiting trial on 

criminal charges; 

(14) provide that, beginning after the 5-year period following 

the date of the enactment of the Juvenile Justice Amendments 

of 1980, no juvenile shaH be detained or confined in any jail or 

lockup for a~ults, e';Ccept that the. Administrator shall promulgate regulabons whlCh (A) recogmze the special needs of areas 

characterized by low popUlation density with respect to the de- t~nti~n of juveniles; an~ ~~) shall 'perm~t the temporary detenbon In such adult faCIlIties of Juvemles accused of serious 

crimes against per~Ol~s, subject to the provisi?ns of paragraph (13)~ where no eXIstIng acceptable alternatl'V'e placement is 

avallable; 

(l~) prov~d.e. for an ade;quate sy~~e~ of monitoring jails, detentIOn facIlIties, correctlOnal faclIttles, and non-secure facilities to insure that the requirements of paragraph (12)(A), paragraph (13), and paragraph (14) are met, and for annual reporting of the results of such monitoring to the Administrator 

except that such r~por~in.g requirE!ments ~hal1 not apply in th~ 

case of a State whIch IS In complIance with the other require- m~nts of th~s paragraph, which is in compliance with the reqUIrements In paragraph (12)(A) and paragraph (f3), and which 

has en~cted legi~lati?n which. c.onforms to such requirements and whIch contaIns, In the OpInlOn of the Administrator suffi- ci~nt enforc.e~ent mechan,isms to ensure that such legi~lation WIll I.e admInIstered effecbvely; 

(16) provide assurance that assistance will be available on an 

equitable basis to deal with disadvantaged youth including but 

not limited to, females, minority youth, and mentally reta~ded and emotio~ally or physically handicapped youth; (17~ prOVIde f?r. procedures .to be established for protecting th~ rIghts .of reCIpIents of serVIces an~ for assuring appropriate 

privacy WIth regard to records relatIng to such services pro- vided to any individual under the State plan' 

(18) provide that fair and equitable arrangements are made 

to protect the interests of employees affected by assistance 

under this Act. Such protective arrangements shall, to the 

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maximum extent feasible, include, without being limited to, 

such provisions as may be necessary for-

(A) the preservation of rights, privileges, and benefits 

(including continuation of pension rights and benefits) 

under existing collective-bargaining agreements or otherwise; 

(B) the continuation of collective-bargaining rights; (C) the protection of individual employees against a 

worsening of their positions with respect to their employment; 

(D) assurances of employment to employees of any State 

or political subdivision thereof who will be affected by any 

program funded in whole or in part under provisions of 

this Act· 

(E) tr~ining or retraining programs. 

The State plan shall provide for the terms and conditions of 

the protection arrangements established pursuant to this section; 

(19) provide for such fiscal control and fund accounting procedures necessary to assure prudent use, proper disbursement, 

and accurate accounting of funds received under this title; 

(20) provide reasonable assurances that Federal funds made 

available under this part for any period will be so used as to 

supplement and increase (but not supplant) the level of the 

State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such 

State, local, and other non-Federal fundsi 

(21) provide that the State criminal justice council will from 

time to time, but not less often than annually, review its plan 

and submit to the Administrator an analysis and evaluation of 

the effectiveness of the programs and activities carried out 

under the plan, and any modifications in. the plan, including 

the surv~y of State and local needs, which it considers necessary; and 

(22) contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of 

the programs assisted under this title. 

Such plan may at the discretion of the Administrator be incor,porated into the plan specified in section 403 of the Omnibus Crime 

Control and Safe Streets Act. Such plan shall be modified by the 

State, as soon as practicable after the date of the enactment of the 

Juvenile Justice Amendments of 1980, in order to co'mply with the 

requirements of paragraph (14). 

(b) The State criminal justice council designated pu.rsuant to sectioli 223(a), after receiving and considering the advict~ and recommendations of the advisory group referred to in section 223(a), shall 

approve the State plan and any modification thereof prior to submission to the Administrator. 

(0) The Administrator shall approve any State plan al';\d any 

modification thereof that meets the requirements of this s6'Ction. 

Failure to achieve compliance with the subsection. (a)(12)(A) requirement within the three-year time limitation shall terminate 

any State's eligibility for funding under this subpart unless the Administrator determines that the State is in substantial compliance 

264 

"-',~"-r'-:/"--, _f_"'~\',"\ ______ ... _~~---:lM~.~tq;c-'~' ~, ___ -,':""',...~ .... ~-""'"",..,..".~~<f.,<J<-=.,.1It¥~~-" ~- ... C"." ... _.---.---; ...... .-.... ~~"":""~~~-.'. - , 

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with the requirement, through achievement of deinstitutionalization of not less than 75 per centum (if such juveniles or 

through removal of 100 percent of such juVel"li1es from secure correctional facilities, and has made, through appropriate executive or 

legislative action, an unequivocal commitment to achieving full 

compliance within a reasonable time not exceeding two additiotlal 

years. Failure to achieve compliance with the requirements of subsection (a)(14) within the 5-year time limitation shall terminate any 

State's eligibility for funding under this subpart, unless the Administrator determines that (1) the State is in substantial compliance 

with such requirements through the achievement of not less than 

75 percent removal of juveniles from jails and lockups for adults; 

and (2) the State has made, through appropriate executive or )~gislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed 2 additional years. 

(d) In the event that any State chooses not to submit a plan, fails 

to submit a plan, or submits a plan or any modification thereof, 

which the Administrator, after reasonable notice andiopportunity 

for hearing, in accordance with sections 803, 804, and 805 of title I 

of the Omnibus Crime Control and Safe Streets AI~t of 1968, determines does not meet the requirements of this se~tion, the Administrator shall endeavor to make that State's allotment under the provisions of section 222(a) available to local public and private nonprofit agencies within such State for use in carrying out the pur·· 

poses of subsection (aXI2)(A), subsection (aXI3), or subsection (a)(14). 

The Administrator shall make funds which remain available after 

disbursements are made by the Administrator under th~ preceding 

sentence, and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with 

the requir~men.ts Undft)f subsection (a)(12)(A) and subsection (a)(13) 

within the initial three years of participation or have achieved full 

compliance within a reasonable time thereafter as provided by subsection (c). (42 U.S.C. 5633) 

Subpart II-Special Emphasis Prevention and Treatment Programs 

SEC. 224. (a) The Administrator is authorized to make grants to 

and enter into contracts with public and private agencies, organiza- tions, institutions, or individuals to-

(1) develop and implement new approaches, techniques, and 

methods with respect to juvenile delinquency programs; 

(2) develop and maintain community-based alternatives to 

traditional forms of institutionalization; 

(3) develop and implement effective means of diverting juveniles from the traditional juvenile justice and correctional 

system, including restitution project{; which test and validate 

selected arbitration models, such as neighborhood courts or 

panels, and increase victim satisfaGtion while providing alternatives to incarceration for detained or adjudicated delinquents; 

(4) improve the capability of public and private agencies and 

organizations to provide services for delinquents and other 

youth to help prevent delinquency; 

(5) develop statewide programs through the use of subsidies 

or other financial incentives designed to265 

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(A) remove juveniles from jails and lockups for adults; 

(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or 

(C) establish and adopt, based upon reco~mendations of 

the Advisory Committee, standards for the Improvement of 

juvenile justice within the State; 

(6) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expUlsions and to encourage new approaches and techniques with respect to the 

prevention of school violence and vandalism; 

(7) develop and support programs stressing advocacy a~tivities aimed at improving services to youth impacted by the Juvenile justice system; 

(8) develop, implement, and support, in conjunction with the 

Secretary of Labor, other public and private agencies and organizations and business and industry programs for youth employment; 

(9) improve the juvenile justice system to conform to standards of due process; . (10) develop and support programs desIgned to encourage 

and enable State legislatures to consider and further the purposes of this Act, both by amending State laws where necessary, and devoting greater resources to those purposes; 

(11) develop and implement programs relating to juvenile delinquency and lear~ing disabih~ies, including on-the-jop tra~ning programs to assist law enfo~cement per~onnel and J~vemle justice personnel to more effectively recogDlze and provide for 

learning disabled and other handicapped juveniles; and 

(12) develop and implement special emphasis prevention and 

treatment programs relating to juveniles who commit serious 

crimes. 

(b) Twenty-five per centum of the funds appropriated for each 

fiscal year pursuant to this part shall be available only for special 

emphasis prevention and treatment grants and contracts made 

pursuant to this section. 

(c) At least 30 per centum of the funds available for grants and 

contracts made pursuant to this section shall be available for 

grants and contracts to private nonprofit agencies, organizations, 

or institutions who have had experience in dealing with youth. 

(d) Assistance provided pursuant to this section shall be available 

on an equitable basis to deal with disadvantaged youth, including females, minority youth, and mentally retarded and emotionally or 

physically handicapped youth. 

(e) At least 5 percent of the funds available for grants and contracts made pursuant to this section shall be available for grants 

and contracts designed to address the special needs and probl~ms 

of juveniie delinquency in the Virg~n Islands, Guam;· American 

Samoa, the Trust Territory of the PaCific Islands, and the Commonwealth of the Northern Mariana Islands. (42 U.S.c. 5(34) 

266 

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CONSIDERATIONS FOR APPROVAL OF APPLICATIONS 

~EC. 225. (a) Any agen~y, institution, or individual desiring to recelVe a grant, or enter 1Oto any contract under section 224 shall 

submit an application at such time, in such manner and c~ntain­ ing or. accompanied by such information as the Admi~istrator may prescribe. 

(b) In accordance with guidelines established by the Administrator, each such application shall-

.(1) provid~ ~hat the program for which assistance is sought wdlbe adm10lstered by or under the supervision of the appli- cant; 

(2) set forth a program for carrying out one or more of the 

purposes set forth in section 224; 

(3) provide for the proper and efficient admini~tration of such program; 

(4) provide for regular evaluation of the program; 

(5) indicate that the appl,icant has requested the review of 

the applic~tion fr<?m th~ State planning ageJ?cy and local 

agency deSignated 10 section 223, when appropriate, and indicate the response of such agency to the request for review and 

comment on the application; 

(6) provide that regular reports on the program shall be sent 

to the Administrator and to the State planning agency and 

local agency, when appropriate; 

(7) provide for such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this title; and 

(8) indicate the response of the State agency or the local 

a.gency to the request for review and comment on the applica- tion. 

(c) In determi~ing whether or .n?t to approve applications for 

grants under section 224, the AdmlDlstrator shall consider-

(1) the relative cost and effectiveness of the proposed program in effectuating the purposes of this part; 

(2) the extent to which the proposed program will incorpo- rate new or innovative techniques; 

(3) the extent to which the proposed program meets the ob-' 

jectives and priorities of the State plan, when a State plan has 

been approved by the Administrator under section 223(c) and 

when the location and scope of the program makes such con- sideration appropriate; 

, (4~ th~ incre~ ,i~ capacity of ~he pub~ic and private agency, 1OstItutIon, or 10dlvldual to prOVIde services to delinquents and 

other youth to help prevent delinquency; 

(5) the extent to which the proposed project serves communities which have high rates of youth unemployment school dropout, and delinquency; , 

(6) the extent to which the proposed program facilitates the 

implementation of the recommendations of the Advisory Committeeas set fortl,t pursuant to section 247; and 

,(7) ~~e adverse Impact that ~ay result from the restriction of 

elIgIblhty, based upon populutIon, for cities with a population 

_~ ____ ~~~~t __ ~ ______ ~ __________ _ 

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grea.ter t~an forty tho.usand, located within States which have 

no Clt:y wIth a populatIOn over two hundred and rifty thousand . (d) No CI~y should be denied an application solely on the basis of Its populatIOn. (.42 U.S.c. 5(35) 

GENERAL PROVISIONS 

Withholding 

S~c. 226. Whenev.er the Administrator, after giving reasonable 

notice and opI?or~umty for hearing to a recipient of financial assistance under thIS title, finds-

(1) that the program or activity for which such grant was mad~ ~as been ,so ~hanged that it' no longer complies with the prOVISIOns of thIS title; or 

~2) that in t~e operatioI?- of th~ program or activity there is faIlu~e. to compiY sub~t~I!-tIally wIth any such provision; 

the Admlmstrator shall ImtIate such proceedings as are appropri- ate. (.42 U.S,c. 5(36) 

USE OF FUNDS 

~EC. 227. (a) Funds. pa~d p~rsu!lnt. to this title to any public or 

private agency, orgamzatIOn, 1OstItutIon, or individual <whether directly or throug;h a State pl!lnning agency) may be used for-

(1) planmng, develop1Og, or operating the program designed to carry out the purposes of this part' and 

. (2) not. more t~an 50 per centum df the cost of the construction of 1OnovatIve community-based facilities for less than 

twenty persons which" in the judgment of the Administrator, 

are necessary for carrY10g out the purposes of this part. 

(b) .. Except, as provided by sUbsection (a), no funds paid to any 

pUbhc or P!Ivate agency, institution, or individual under this part (whether dIrectly or .through a State agency or local agency) may be used for cOllstructlOn. 

(c) ~unds paid p,!-rsuant. to section 223(a)(10)(D) and section 

2.24(a)( 0 to any pu~h? or private agency, organization, or institu, tI~n .or t? a~y 1OdlVl~ual (whether directly or through a State 

crIIll:1Oal )ustIc~ councIl) shall not be used to pay for any personal se~vlCe, adver.tIsement, telegram, tel~phone communication, letter, 

pr10ted or wrItten matter, or other device, intended or designed to 

10fluence a Member of the Congress or any other Federal State or 

loca! e~ected ~ffici!ll to favor or Oppose any Acts, bills, r~soluti~ns or sImllar legISlatIOn,. or. any referend.um, initiative, constitutionai am~ndment, or any simIla~ procedur~ ~y the Congress, any State 

leglslat!lre, any l?cal councIl, or any SImIlar governing body, except ~hat thIS s,ubsec~IOn shall n«;>t preclude such funds from being used 

10 conn~ctIon WIth commumcations to Federal, State, or local elect- e~ 10fi~Ials, Upon th!'l !equest of ' such officials through proper offic!a c annels, pe~ta101Og to authorization, appropriation, or overSIght measures d!r~ctly affecting the operation of the program involved. The Adm1OIstrator shall take such action as may be necess!lry to ensure that no funds paid under section 223(a)(1O}(D) or section .2~4(a)~7) ar~ used either directly or indirectly in any manner prohIbIted 10 thIS subsection. (42 U.S.c. 5(87) 

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PAYMENTS 

SEC. 228. (a) Whenever the Administrator determines that it will 

contribute to the purposes of part A or part C, he may require the 

recipient of any grant or contract to contribute money, facilities, or 

services. 

(b) Payments under this part, pursuant to a grant or contract, 

may be made (after necessary adjustment, in the case of grants~ on 

account of previously made overpayments or underpa.yments) in advance or by way of reimbursements, in such installments and on 

such conditions as the Administrator may determine. 

(c) Except as provided in the second sentence of section 222(c), financial assistance extended under the provisions of this title shall 

be 100 per centum of the approv'!Jd costs of any program or activity. (d) In the case of a grant under this part to an Indian tribe or 

other aboriginal group, if the Administrator determines that the 

tribe or group does not have sufficient funds available to meet the 

local share of the cost of any program or project to be funded 

under the grant, the Administrator may increase the Federal share 

of the cost thereof to the extent he deems necessary. Where a State 

does not have an adequate forum to enforce grant provisions imposing any liability on Indian tribes, the Administrator is authorized 

to waive State liability and may pursue such legal remedies as are 

necessary, 

(e) If the Administrator determines, on the basis of information 

available to him during any fiscal year, that a portion of the funds 

granted to an applicant under subpart II of this part for that fiscal 

year will not be required by the applicant or will become available 

by virtue of the application of the provisions of section 803 of the 

Omnibus Crime Control and Safe Streets Act of 1968, as amended, 

that portion shall be available for reallocation in an equitable 

manner to States which have complied with the requirements in 

s.ection 223(aX12XA) and section 223(aX13), under section 224(a)(5) of 

this title. (.42 U.S.C. 5(38) , 

CONFIDENTIALITY OF PROGRAM RECORDS 

SEC. 229. Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes PUt'-

suant to this title may not be disclosed except with the consent of 

the service recipient or legally authorized representative, or as 

may be necessary to perform the functions required by this title. 

Under no circumstances may project reports or findings available 

for public dissemination contain the actual names of individual 

service recipients. (.42 U.S.C. 5(39) 

PART C-NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND 

DELINQ,UENCY PREVENTION 

SEC. 241. (a) There is hereby established within the Juvenile Justice and Delinquency Prevention Office a National. Institute for Juvenile Justice and Delinquency Prevention. 

(b) The National Institute for Juvenile Justice and Delinquency 

Prevention shall be under the supervision and direction of the Administrator, and shall be headed by a Deputy Administrator of the 

Office appointed under section 201(£). 

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(c) The activities of the National Institute for Juvenile Justice 

and Delinquency Prevention shall be COOl. dinated with the activities of the National Institute of J'ustice in accordance with the requirements of section 201(b). 

(d) It shall be the purpose of the Institute to provide a coordinating center for the collection, preparation, and dissemination of 

useful data regarding the treatment and control of juvenile offenders, and it shall also be the 'purpqse of the Institute to provide training for representatives of Federal, State, and local law enforcement officers, teachers, and other educational personnel, juvenile welfare workers, juvenile j'.ldges andJ'udicial personnel, proba-, tion personnel, correctional personnel an other persons, including 'lay personnel, including persons associated with law-related education programs, youth workers, and representatives of private youth agencies and organizations, connected with the treatment and control of juvenile offenders. 

(e) In addition to the other powers, express and implied, the Institute may-

(I) request any Federal agency to supply such statistics, data, 

program reports, and other material as the Institute deems 

necessary to carry out its functions; 

(2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agen- cies; 

(3) confer with and avail itself of the cooperation, services, 

records, and facilities of State, municipal, or other public or 

private local agencies; 

(4) make grants and enter into contracts with public or private agencies, organizations, or individuals, for the partial per- formance of any functions of the Institute; , (5) compensate consultants and members of t.echnical advisory councils who are not in the regular full-time employ of the 

United States, at a rate now or hereafter prescribed for GS-18 

of the General Szhedule by section 5332 of title 5 of the United 

States Code and while away from home, or regular place of 

business, they may be allowed travel expenses, including per 

diem in lieu of subsistence, as authorized by section 5703 of 

title 5, United States Code for persons in the Government service employed intermittently; and 

(6) assist, through training, the advisory groups established 

pursuant to section 223(aX3) or comparable public or private citizi!n groups in nonparticipating States in the accomplishment of their objectives consistent with this Act. 

(0 Any Federal agency which receives a request from the Institute under subsection (eXl) may cooperate with the Institute and 

shall, to the maximum extent practicable, consult with and furnish 

information and advice to the Institute. (42 U.S.C. 5651) 

INFORMATION' F'UNCTION 

SEC. 242. The National Institute for Juvenlle Justice and Delinquency Prevention is authorized to--

(1) serve as an information bank by collecting systematically and synthesizing the data and knowledge obtained from studies and research by public and private agencies, institutions, or 

270 

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indiyiduals concern~ng all aspects of juvenile delinquency, includmg the prevention and treatment of juvenile delinquency' (2) serye as a clearinghouse and information center for th~ prepar~tlO~, pu~licati(;m, and di~semination of all information r~gardm~ Juvemle dehnqu~ncy, mcluding State and local juvemle dehn9ue~~y prevention and. t~eatment pr~grams and 

plans, avaI~a~Ihty of resources,. trammg and educational programs, statistics, and other pertment data and information. (42 U.S.c. 5652) 

RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS 

SEC. 243. The. NB:tional Institute for Juvenile Justice and Delinquency Prevention IS authorized to-

. (1) .conduct, encourag~, an~ coor~inate research and evaluation mto any aspect of Juvemle dehnquency, particularly with rega~d to new prog;rams and methods which show promise of !Dakll~g a c~ntrIbutu:m toward the prevention and treatment of Juvemle delInquency; 

(2) ~ncoura~e the d~velopment of demonstration projects in 

!lew, ~nnov~tJve techmques and methods to prevent and treat Juvemle delUlquency; 

(3) provi~t.;: for the evaluation of all juvenile delinquency programs asSIsted under this title in order to determine the results and ~he effectiveness of. such programs; 

(4) I?rovId.e for t~e evaluatIOn of any other Federal, State, or 

local Juvemle ~~lmquency program, upon the request of the 

ASSOCIate AdmmIstrator' 1 

S (5) prepare, in cooperation' with educational institutions Federal 

tate,. and local agencies, and appropriate individuals and privat~ agenCIes, such. studies as it considers to be necessary with respect 

to the preve~tIOn f;lnd treatment of juvenile delinquency and relate? matters, ~ncludmg recommendations designed to promote effective preven,tIOn. and treatment, such as assessments regarding the 

role of famI~y VIOlence, sexual abuse or exploitation and media vio- ~ence m dehnquency, the improper handling of youth placed in one 

.tate by another State, the possible ameliorating roles of recreatIon and the arts, and the extent to which youth in the juvAnile slstem are treated. differently on the basis of sex and the ramifica- tIOns of such practices' 

(6) disse~inate ~h~ .~esults .of such evaluations and research and demonstrat~on ac.tIvItIe~ particularly to persons actively working in 

the fie~d of J~vemle de~mquency; and 

. (7) dIsse~m~t~ pertment data and studies (including a periodic Journal) to I!ldIvIduals, ~gencies, and organizations concerned with ~~5afreventIon and treatment of juvenile delinquency. (,42 U.S.c. 

TRAINING FUNCTIONS 

SEC. 244. The. NB:tional Institute for Juvenile Justice and Delinquency Prevention IS authorized to-

(1) de.vt;lop, conduct, ~nd provide for training programs for 

the trammg of professlOnal, paraprofessional; and volunteer 

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personnel, and other persons who are or who are preparing to 

work with juveniles and juvenile offenders; 

(2) develop, conduct, and provide for seminars, workshop, 1 

and traiJ1,ing programs in the latest proven effective techniques and methods of preventing and treating juvenile delinquency 

for law enforcement officers, juvenile judges, and other court 

personnel, probation officers, correctional personnel, and other 

Federal, State, and local government personnel who are engaged in work relating to juvenile delinquency; 

(3) devise and conduct a training program, in accordance 

with the provisions of sections 248, 249, and 250, of short-term 

instruction in the latest proven-effective methods of prevention, control, and treatment of juvenile delinquency for correctional and law enforcement personnel, teachers and other educational personnel, juvenile welfare workers, juvenile judges 

and judicial personnel, probation officers, and other persons (including lay personnel, including persons associated with 

law-related education programs, youth workers, and representatives of private youth agencies and organizations) connected with the prevention and treatment of juvenile delinquency;and 

(4) develop technical training teams to aid in the development of training programs in the States and to assist State and 

local agencies which work directly with juveniles and juvenile offenders. (42 U.S.C. 5654) 

INSTITUTE ADVISORY COMMIT'rEE 

SEC. 245. The Advisory Committee shall advise, consult with, and 

make recommendations to the Administrator concerning the overall policy and operations of the Institute. (42 U.S.C. 5655) 

ANNUAL REPORT 

SEC. 246. The Deputy Administrator for the National Institute 

for Juvenile Justice and Delinquency Prevention shall develop annually and submit to the Administrator after the first year the legislation is enacted, prior to September 30, a report on research, 

demonstration, training, and evaluation programs funded under 

this title, including a review of the results of such programs, an assessment of the application of such results to existing and to new 

juvenile delinquency programs, and detailed recommendations for 

future research, demonstration, training, and evaluation programs. 

The Adminisb:ator shall include a summary of these results and 

recommendations in his report to the President and Congress required by section 204(b)(5). (42 U.S.C. 5656) 

DEVELOPMENT OF STANDARDS FOR JUVENILE JUSTICE 

SEC. 247. (a) The National Institute for Juvenile Justice and Delinquency Prevention, under the supervision of the Advisory Committee, shall review existing reports, data, and standards, relating 

to the juvenile justice system in the United States. 

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(b) Not later than one year after the passage of this section, the 

Advisory Committee shall submit to the President and the Congress a report which, based on recommended standards for the administration of juvenile justice at the Federal, State, and local 

level-

(1) recommends Federal action, including but not limited to 

administI'ative and legislative action, required to facilitate the 

adoption of these standards throughout the United States; and 

(2) recommends State and local action to facilitate the adoption of these standards for juvenile justice at the State and 

local level. 

(c) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is 

authorized and directed to furnish to the Advisory Committee such 

information as the Committee deems necessary to carry out its 

functio_ts under this section. 

(d) Following the submission of its report under subsection (b) the 

Advisory Committee shall direct its efforts toward refinement of 

the recommended standards and may assist State and local governments and private agencies and organizations in the adoption of 

appropriate standards at State and local levels. The National Institute for Juvenile Justice and Delinquency Prevention is authorized 

to develop and support model State legislation consistent with the 

mandates of this Act and the standards developed by Advisory 

Committee. (42 U.S.C. 5657) 

ESTABLISHMENT OF TRAINING PROGRAM 

SEC. 248. (a) The Administrator shall establish within the Institute a training program designed to train enrollees with respect to 

methods and techniques for the prevention and treatment of juvenile delinquency. In carrying out this program the Administrator is 

authorized to make use of available State and local services, equipment, personnel, facilities, and the like. 

(b) Enrollees in the training program established under this section shall be drawn from correctional and law enforcement personnel, teachers and other educational personnel, juvenile welfare 

workers, juvenile judges and judicial personnel, probation officers, 

and other persons (including lay personnel, including persons associated with law-related education programs, youth workers, and 

representatives of private youth agencies and organizations) connected with the prevention and treatment of juvenile delinquency. (42 U.S.C. 5659) 

CURRICULUM FOR TRAINING PROGRAM 

SEC. 249. The Administrator shall design and supervise a curriculum for the training program establish.ed by section 248 which 

shall utilize an interdisciplinary approach with respect to the prevention of juvenile delinquency, the treatment of juvenile delinquents, and the diversion of youths from the juvenile justice 

system. Such curriculum shall be appropriate to the needs of the 

enrollees of the training program. (42 U.S.C. 5660) 

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ENROLLMENT FOR TRAINING PROGRAM 

SEC. 250. (a) Any person seeking to enroll in the training program established under section 248 shall tra~smi~ an application to 

the Administrator, in such form and accordmg to such procedures 

as the Administrator may prescribe. . . . (b) The Administrator shall make the final determmatlOn wIth 

respect to the admittance of any person to the training program. 

The Administrator, in making such determination, shall seek to 

assure that persons admitted to the training program are broadly 

representative of the categories .described in ~ection 2~8(b~. 

(c) While studying at the InstItute and whIle travelmg m connection with his study (including authorized field trips), each person 

enrolled in the Institute shall be allowed travel expenses and a per 

diem allowance in the same manner as prescribed for persons employed intermittently in the Government service under section 

5703 of title 5, United States Code. (42 U.S.C. 5661) 

PART D-ADMINISTRATIVE PROVISIONS 

SEC. 261. (a) To carry out the purposes of this title there is authorized to be appropriated $200,000,000 for each of the fiscal years 

ending September 30, 1981, September 30, 1982, September 30, 

1983, and September 30, 1984. Funds appropriated for any fiscal 

year may remain available for obligation until expended. (b) In addition to the funds appropriated under section 261(a) of 

the Juvenile Justice and Delinquency Prevention Act of 1974,1 the 

Administration shall maintain from the appropriation for the Law 

Enforcement Assistance Administration, each fiscal year, at least 

19.15 percent of the total appropriations for the Administration, for 

juvenile delinquency programs. 

(c) Notwithstanding any other provision of law, if the Administrator determines, in his discretion, that sufficient funds have not 

been appropriated for any fiscal year for the activities authorized 

in part D of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968, then the Administrator is authorized to-

(1) approve any appropriate State agency designated by the 

Governor of the State involved as the sole agency responsible 

for supervising the preparation and administration of the State 

plan submitted under section 223; and 

(2) establish appropriate administrative and supervisory board membership requirements for any agency designated in 

accordance with paragraph (1), and permit the State advisory 

group appointed under section 223(aX3) to operate as the supervisory board for such agency, at the discretion of the Governor. 

(42 U.S.C. 5671) 

APPLICABILITY OF OTHER ADMINISTRATIVE PROVISIONS 

SEC. '262. (a) The administrative provisions of sections 802(a), 

802(c), 803, 804, 805, 806, 807, 810, 812, 813, 814(a), 815(c), 817(a), 

817(b), 817(c), 818(a), 818(b), and 818(d) of the Omnibus Crime Control and Safe Streets Act of 1968 are incorporated in this Act as 

administrative provisions applicable to this Act. References in the 

1 So in original. Apparently should be "under subsection (a)", 

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cited sections authorizing action by the Director of the Office of 

Justice Assistance, Research and Statistics, the Administrator of 

the Law Enforcement Assistance Administration, the Direct:or of 

the National Institute of Justice, and the Director of the Bureau of 

Justice Statistics also shall be construed as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same action. 

(b) The Office of Justice Assistance, Res:earch and Statistics shall 

directly provide staff support to, and coordinate the activities of, 

the Office of Juvenile Justice and Delinquency Prevention in the 

same manner as it is authorized to provide staff support and coordinate the activities of the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to section 801(b) of tht., Omnibus Crime Control and 

Safe Streets Act of 1968. (42 U.S.G. 5672) 

EFFECTIVE CLAUSE 

SEC. 263. (a) Except as provided by subsections (b) and (c), the 

foregoing provisions of this Act shall take effect on the date of enactment of this Act. 

(b) Section 204(b)(5) and 204(b)(6) shall become effective at the 

close of the thirty-first day of the twelfth calendar month of 1974. 

Section 204(1) shall become effective at the close of the thirtieth 

day of the eleventh calendar month of 1976. 

(c) Except as otherwise provided by the Juvenile Justi~e Ame~dments of 1977, the amendments made by the Juvemle Justice 

Amendments of 1977 shall take effect on October 1, 1977. (42 U.S.C. 

5601 hote) 

TITLE III-RUNAWAY AND HOMELESS YOUTH 

SHORT TITLE 

SEC. 301. This title may be cited as the "Runaway and Homeless 

Youth Act". (42 U.S.C.' 5701 note) 

FINDINGS 

SEC. 302. The Congress hereby finds that-

(1) the number of juveniles ~h.o leave ~nd remain away fr~m 

home without parental permISSIon has mcreased to alarmmg proportions, creating a substantial law enforcement problem 

for the communities inundated, and significantly endangering 

the young people who are without resources and live on the 

street; 

(2) the exact nature of the problem is not well defined because national statistics on the size and profile of the runaway 

youth population are not tabulated; 

(3) many such young people, because of their age and sit!lation, are urgently in need of temporary shelter and counselIng 

services; 

(4) the problem of locating, detaining, and returning 

runaway children should not be the responsibility of already 

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overburdened police departments and juvenile justice authorities; and 

(5) in view of the interstate nature of the problem, it is the 

responsibility of the Federal Government to develop accurate 

reporting of the problem nationally and to develop an effective 

system of temporary care outside the law enforcement structure. (42 U.S.c. 5701) 

RULES 

SEC. 303. The Secretary of Health, Education, and Welfare (hereinafter referred to as the lISecretary") may prescribe such rules as 

he considers necessary or appropriate to carry out the purposes of 

this title. (42 U.S.c. 5702) 

PART A-GRANTS PROGRAM 

PURPOSES OF GRANT PROGRAM 

SEC. 311. (a) The Secretary is authorized to make grants and to 

provide technical assistance and short-term training to States, localities and nonprofit private agencies and coordinated networks of 

such agencies in accordance with the provisions of this part. Grants 

under this part shall be made equitably among the States based 

upon their respective populations of youth under 18 years of age 

for the purpose of developing local. facilities to deal primarily with 

the immediate needs of runaway youth or otherwise homeless 

youth, and their families, in a manner which is outside the lawenforcement structure and juvenile justice system. The size of such 

grant shall be determined by the number of such youth in the community and the existing availability of services. Grants also may be 

made for the provision of'a national communications system for 

the purpose of assisting runaway and homeless youth in communicating with their families and with service providers. Among applicants priority shall be given to private organizations or institutions 

which have had past experience in dealing with such youth. 

(b) The Secretary is authorized to provide supplemental grants to 

runaway centers which are developing, in cooperation with local juvenile court and social service agency personnel, model programs 

designed to provide assistance to juveniles who have repeatedly left 

and remained away frQm their homes or from any facilities in 

which they have been placed as the result of an adjUdication. (c) The Secretary is authorized to provide on-the-job training to 

local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare 

personnel to assist such personnel in recognizing and providing for 

learning diBabled ,and other handicapped juveniles. (42 U.S.C. 5711) 

ELIGIBILITY 

SEC. 312. (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund an existing 

or proposed runaway center, a locally controlled facility providing 

temporary shelter, and counseling services to juveniles who have 

left home without permission of their parents or guardians or to 

other homeless juveniles. 

276 

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(b) In order to qualify for assistance under this part, an applicant shall submit a plan to the Secretary meeting the following requirements and including the following information. Each center-

(1) shall be located in an area which is demonstrably frequented by or easily reachable by runaway youth; (2) shall have a maximum capacity of no more than twenty 

children, with a ratio of staff to children of sufficient portion 1 

to assure adequate supervision and treatment; . (3) shall develop ade:quate plans for contacting the child's 

parents or relatives (if such action is required by State law) 

and assuring the safe return of the child according to the best 

interests of the child, for contacting local government officials 

pursuant to informal arrangements established with such officials by the runaway center, and for providing for other appropriate alternative living arrangements; (4) shall develop an adequate plan for assuring proper relations with law enforcement personnel, social service personnel, 

and welfare personnel, and the return of runaway youths from 

correctional institutions; 

(5) shall develop an adequate plan for aftercare counseling 

involving runaway youth and their parents within the State in 

which the runaway center is located and for assuring, as pos~ible, that aftercare services will be provided to those children 

who are returned beyond the State in which the runaway 

center is located; 

(6) shall keep adequate statistical records profiling the children and parents which it serves, except that records maintained on individual runaway youths shall not be disclosed 

without the consent of the individual youth and parent or leg'al 

guardian to anyone other than another agency compiling statistical records or a government agency involved in the disposition of criminal charges against an individual runaway youth, 

and reports or other documents based on such statistical records shall not disclose the identity of individual runaway 

youths; (7) shall submit annual reports to the Secretary detailing 

how the center has been able to meet the goals of its plans and 

reporting the statistical summaries required by paragraph (6); 

(8) shall demonstrate its ability to operate under accounting 

procedures and fiscal control devices as required by the Secretary; (9) shall submit a budget estimate with respect to the plan 

submitted by such center under this subsection; and 

(10) shall supply such other information as the Secretary 

reasonably deems necessary. (42 U.S.c. 5712) 

APPROVAL BY SECRETARY 

SEC. 313. An application by a State, locality, or nonprofit private 

agency for a grant under this part may be approved by the Secretary only if it is consistent with the applicable provisions of this 

part and meets the requirements set forth in section 312. Priority 

shall be given to. grants smaller than $150,000. In' considering grant 

I So in original. Apparently should be "proportion". 

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applications under this part, priority shaH be given to organizations which have a demonstrated experience in the provision of 

service to runaway and homeless youth and their families. (42 U.S.C. 5'113) 

GRANTS TO P~IVATE AGENCIES, STAFFING 

SEC. 314. No~hing in thi~ part .shall be construed to. deny grants 

to nonprofit private agencies whICh are fully controlled by private 

boards or persons but which in Q1ther respects meet the require- m~nts of this part and agree to be ~egal.ly re~ponsible for the operatIon of the runaway house. Nothmg In thIS part shall give the 

Federal Government control over the staffing and personnel decisions of facilities receiving Federal funds. (42 U.S.C. 5'114) 

REPORTS 

SEC. 315. The Secretary shall annually report to the Congress on 

the status and accomplishments of the runaway centers which are 

funded under this part, with particular attention to-

(1) their effectiveness in alleviating the problems of runaway youth; . 

(2) their ability to reunite children with their families ,and to 

encourage the resolution of intrafamily problems through counseling and other services; 

(3) their effectiveness in strengthening family relationships 

and encouraging stable living conditions for ~Jhildren' and 

(4) their effectiveness in helping youth decide UpP'71 a future 

course of action. (42 U.S.C. 5715) 

FEDERAL SHARE 

SEC. 316. (a) 'I'he Federal share for the acquisition and renovation 

of ~x.isting structures, the provision of co~nseling services, staff 

traInIng, and the general costs of operatIOns of such facility's 

budget for any fiscal year shall be 90 per centum. The non-Federal ~hare !Day be in cas~ or in kind, fairly evaluated by the Secretary, Includmg plant, eqUIpment, or services. 

.(b) Payments under thi~ section may be made in installments, in 

advance, or by way of reImbursement, with necessary adjustments 

on account of overpayments or underpayments. (42 U.S.c. 571{{) 

PART B-RECORDS 

RECORDS 

SEC. 321. Re

70rds containing the i~entity of individual youths 

pursuant to thiS Act may under no CIrcumstances be disclosed or 

transferred to any individual or to any public or private agency. (42 U.S.C. 5'131) 

278 

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PART C-REORGANIZATION 

REORGANIZATION PLAN 

SEC. 331. (a) After April 30, 1978, the President may submit to 

the Congress a reorganization plan which, subject to the provisions 

of subsection (b) of this section, shall take effect, if such reorganization plan is not disapproved by a resolution of either House of the 

Congress, in accordance with the provisions of, and the procedures established by chapter 9 of title 5, United States Code, except to 

the extent provided in this part. 

(b) A reorganization plan submitted in accordance with the provisions of subsection (a) shall provide-

(1) for the establishment of an Office of Youth Assistance 

which shall be the principal agency for purposes of carrying 

out this title and which shall be established-

(A) within the Office of Juvenile Justice and Delinquency Prevention in the Department of Justice; or 

(B) within the ACTION Agency; (2) that the transfer authorized by paragraph (1) shall be effective 30 days after the last date on which such transfer could 

be disapproved under chapter 9 of title 5, United States Code; 

(3) that property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, 

available, or to be made available in connection with the functions of the Office of Youth Development within the Depart.-

ment of Health, Education, and Welfare in the operation of 

functions pursuant to this title, shall be transferred to the 

Office of Youth Assistance within the Office of Juvenile Justice 

and Delinquency Prevention or within the ACTION Agency, as 

the case may be, and that all grants, appHcations for grants, 

contracts, and other agreements awarded or entered into by 

the Office of Youth Development shall ,continue in effect until 

modified, superseded, or revoked; 

(4) that all official actions taken by the Secretary of Health, 

Education, and Welfare, his designee, or any other person 

under the authority of this title which are in force on the effective date of such plan, and for which there is continuing authority under the provisions of this title, shall continue in full 

force and effect until modified, superseded, or revoked by the 

Associate Administrator for the Office of Juvenile Justice and 

Delinquency Prevention or by the Director of the ACTION 

Agency, as the case may be, as appropriate; and 

(5) that references to the Office of Youth Development 

within the Department of Health, Education, and Welfare in 

any statute, reorganization plan, Executive order, regulation, 

or other official document or proceeding shall, on and after 

such date, be deemed to refer to the Office of Youth Assistance 

within the Office of Juvenile Justice and Delinquency Prevention or within the ACTION Agency, as the case may be, as ap- ~ropriate. (42 U.S.C. 5'141) 

279 

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PART D-AuTHORIZATION OF Al'PROPRIATIONS 

SEC. 341. (a) To carry out the purposes of part A of this title 

there is authorized to be appropriated for each of the fiscal years ending September 30, 1981, September 30, 1982, September 30, 

1983, and September 30, 1984, the sum of $25,000,000. 

(b) The Secretary (through the Office of Youth Development 

which shall administer this title) shall consult with the Attorney General (through the Associate Administrator 1 of the Office of Juvenile Justice and Delinquency Prevention) for the purpose of coordinating the development and implementation of programs and 

activities funded under this title with those related programs and 

activities funded l,mder title II of this Act and under the Omnibus 

Crime Control and Safe Streets Act of 1968, as amended. (42 u.S.C. 

5'151)· 

; 8<) in orhdnal Apparently should be "Administrator". 

'NoTE,-Title IV of the Juvenile Justice and Delinquency Prevention Act of 11174 was reo pt;t1!ed by secti(m 10 of the Juvenile Justice Amllndments of 19;7 (Public Law !lii-llli; !ll Stat, 

\0611, Title V of such Act. which made various amendments to title 1~. United States Code, is 

not included in this Compilation, 

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RELATED PROVISIONS OF LAW 

A. Juvenile Justice Amendments of 1980 

REPORT REGARDING CONFINEMENT OF JUVENILES IN JAILS FOR ADULTS 

SEC. 17. (a) The Administrator of the Office of Juvenile Justice 

and Delinquency Prevention, not later than 18 months after the 

date of the enactment of this Act, shall submit .a report to the Congress relating to the cost and implications of any requirement 

added to the Juvenile .Justice and Delinquency Prevention Act of 

1974 which would mandate the removal of juveniles from adults in 

all jails and lockups. 

(b) The report required in subsection (a) shall include-

(1) an estimate of the costs likely to be incurred by the 

States in implementing the requirement specified in subsection 

(a); 

(2) an analysis of the experience of States which currently 

require the removal of juveniles from adults in all jails and 

lockups; (3) an analysis of possible adverse ramifications which may 

result from such requirement of removal, including an analysis 

of whether such requirement would lead to an expansion of the 

residential capacity of secure detention facilities and secure 

correctional facilities for juveniles, thus resulting in a net increase in the total number of juveniles detained or confined in 

such facilities; and 

(4) recommendations for such legislative or administrative 

action as the Administrator considers appropriate. 

B. Chapters 319 and 403 of Title 18, United States Code 

Chapter 319.-NATIONAL INSTITUTE OF CORRECTIONS 

SEC. 4351. (a) There is hereby established within the Bureau of 

Prisons a National Institute of Corrections. 

(b) The overall policy and operations of the National Institute of 

Corrections shall be under the supervision of an Advisory Board. 

The Board shall consist of sixteen members. The foUowing six individuals shall serve as members of the Commission ex officio: the 

Director of the Federal Bureau of Prisoml or his designee, the Administrator of the Law Enforcement Assistance Administration or 

his designee, Director of the Federal Judicial Center or his designee, the Associate Administrator 1 for the Office of Juvenile Justice 

and Delinquency Prevention or his designee, and the Assistant Secretary for Human Development of the Department of Health, Education, and Welfare or his designee. 

1 So in original, Apparently should be "Administrator", 

(35) 

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(c) The remaining ten members of the Board shall be selMted as 

follows: 

(1) F~ve shall be appointed initially by the Attorney Genera! of 

the Umted States for staggered terms; one member shall serve for 

one year, one member for two years, and three members for three 

years. Upon the expiration of each member's term, the Attorney General shall appoint successors who will each serve for a term of t~ree years. Each member selec~ shall be qualified as a practi- tIOner (Federal, State, or local) m the field of corrections, proba- tion, or parole. (2) Five shall be appointed initially by the Attorney General of 

the United States for staggered terms, one member shall serve for 

one year, three members for two years, and one member for three 

years. Upon the expiration of each member's term the Attorney General shall appoint successors who will each serve for a term of 

three years. Each member selected shall be from the private sector 

such as business, labor, and education, having demonstrated a~ active interest in corrections, probation, or parole. (d) The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States. 

Members of the Commission who are full-time officers or employees of the United States shall serve without additional compensa- tion, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in 

the Board. Other mem0~rs of the Board shall, while attending meetings of the Board or while engaged in duties related to such 

meetings or in other activities of the Commission pursuant to this 

title, be entitled to receive compensation at the rate not to exceed 

the dail~ equivah:;nt of the rate a!lthori~ed for GS:-18 by section 

5332 of title 5, ~mted States Code, mcludmg travel-tIme, and while 

away from theIr homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence 

equal to that authorized by section 5703 of title 5, United States 

Code, for persons in the Government service employed intermittently. 

(e) The Board shall elect a chairman from among its members 

who shall serve for a 1~rm of one year. The members of the Board 

shall also elect one or more members as a vice-chairman. 

(0 The Board is authorized to appoint, without regard to the civil ~en:ice laws,. technicaLl, or other advisory committees to advise the 

mstItute 1 WIth respect to the administration of this title as it 

deems appropriate. Members of these committees not otherwise 

employed by the United States, while engaged in advising the Institute or attending meetings of the committees, shall be entitled to 

receive compensation at the rate flXed by the Board but not to 

e;xceed the da~ly equliva.lent of the rate authorized for GS-18 by sectIO::1 5332 of tItle 5, Umted Staros Code, and while away from their 

homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that au- ~horized by section 5703 of title 5, United States Code, for persons 

m the Government, service employed intermittently. (g) The Board is authorized to delegate its powers under this title 

to such .persons as it deems appropriate. 

I So in original. Apparently should be "Institute" . 

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(h) The Institute shall be under the supervision of an officer to be 

known as the Director, who shall be appointed by the Attorney General after consultation with the Board. The Director shall have 

authority to supervise the organization, employees, enrollees, financial affairs, and all other operations of the Institute and may employ such staff, faculty, and administrative personnel, subject to 

the civil service and classification laws, as are necessary to the 

functioning of the Institute. The Director shall have the power to 

acquire and hold real and personal property for the Institute and 

may receive gifts, donations, and trusts on behalf of the Institute. 

The Director shall also have the power to appoint such technical or 

other advisory councils comprised of consultants to guide and 

advise the Board. The Director is authorized to delegate his powers under this title to such persons as he deems appropriate. SEC. 4352. (a) In addition to the other powers, express and implied, the National Institute of Corrections shall have authority- (1) to receive from or make grants to and enter into contracts with Federal, State, and general units of local govern- me~t, J:!ublic and .pri:v~te agencies, educational institutions, orgamzatlOns, and mdlvlduals to carry out the purposes of this 

chapter; (2) to serve as a clearinghouse and information center for the 

collection, preparation, and dissemination of information on 

corrections, inclUding, but not limited to, programs for preven- tion of crime and recidivism, training of corrections personnel and rehabilitation and treatment of criminal and juvenile of: 

fenders; 

(3) to assist and serve in a consulting capacity to Federal, 

State, and local courts, departments, and agencies in the development, ~aintenance, and coordination of programs, facilities, 

and servIces, training, treatment, and rehabilitation with respect to criminal and juvenile offenders; 

(4) to encourage and assist Federal, State, and local government programs and services, and programs and services of 

other public and private agencies, institutions, and ol'ganiza- tion~ in their efforts to develop and implement improved correctIOns programs; (5) to devise and conduct, in various geographical locations, 

semiilars, workshops, and training programs for law enforcement officers, judges, and judicial personnel, probation and 

parole personn~l, correctional personnel, welfare workers, and 

other persons, mcludmg lay ex-offenders, and paraprofessional personnel, connected with the treatment and rehabilitation of 

criminal and juvenile offenders; 

(6) to develop technical training teams to aid in the development of seminars, workshops, and training programs within 

the several States and with the State and local agencies which 

work with prisoners, parolees, probationers, and other offenders; 

(7) to conduct, encourage, and coordinate research relating to 

corrections, including the causes, prevention, diagnosis, and 

treatment of criminal offenders; 

(8) to formulate and disseminate correctional policy, goals, standards, and recommendations for Federal, State, and local 

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correctional agencies, organizations, institutions, and personnel; 

(9) to conduct evaluation programs which study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve the corrections system; 

(10) to receive from any Federal department or agency such 

statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions. Each such 

department or agency is authorized to cooperate with the Institute and shall, to the maximum extent practicable, consult 

with and furnish information to the Institute; 

(11) to arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or 

equipment of such departments and agencies; 

(12) to confer with and avail itself of the assistance, services, 

records, and facUities of State and local governments or other 

public or private agencies, organizations, or individuals; 

(13) to enter into contracts with public or private agencies, 

organizations, or individuals, for the performance of any of the 

functions of the Institute; and 

(14) to procure the services of experts and consultants in accordance with section 3109 of title 5 of the United States Code, 

at rates of compensation not to exceed the daily equivalent of 

the rate authorized for GS-18 by section 5332 of title 5 of the 

United States Code. 

(b) The Institute shall on or before the 31st day of December of 

each year submit an annual report for the preceding fiscal year to 

the President and to the Congress. The report shall include a comprehensive and detailed report of the Institute's operations, activities, financial condition, and accomplishments under this title and 

may include such recommendations related to corrections as the 

Institute deems appropriate. . (c) Each recipient of assistance under this shall l keep such records as the Institute shall prescribe, including records which fully 

disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking 

in connection with which such assistance is given or used, and the 

amount of that portion of the cost of the project or undertaking 

supplied by other sources, and such other records as will facilitate 

an effective audit. 

(d) The Institute, and the Comptroller General of the United 

States, or any of their duly authorized representatives, shaH have 

access for purposes of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to 

the grants received under this chapter. 

(e) The provision 2 of this section shall apply to all recipients of 

assistance under this title, whether by direct grant or contract 

from the Institute or by subgrant or subcontract from primary 

grantees or contractors of the Institute. 

SEC. 4353. There is hereby authorized to be appropriated such 

funds as may be required to carry out the purposes of this chapter. 

I So in original. • So in original. Apparently should be "provisions". 

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Chapter 403.-JUVENILE DELINQUENCY 

!lee. 

5031. Definitions. 

5032. Delinquency proceedings in district courtsj transfer fOI' criminal prosecution. 

5033. Custody prior to appearance bef()re magistrate. 

5034. Duties of ma~istrate. 

5035. Detention prior to disposition. 

5036. Speedy trial. 

5037. Dispositional hearing. 5038. Use of juvenile records. 

5039. Commitment. 

5040. Support. 

5041. Parole. 

5042. Revocation of parole or probation. 

§ 5031. Definitions 

For the purp.oses of this chapter, a "juvenile" is a person who 

has not attair.ed his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first 

birthday, alid "juvenile delinquency" is the violation of a law of 

the United States committed by a person prior to his eighteenth 

birthday which would have been a crime if committed by an adult. 

§ 5032. Delinquency proceedings in district courts; transfer for 

criminal prosecution 

A juvenile alleged to have committed an act of juvenile delinquency shall not be proceeded against in any court of the United 

States unless the Attorney General, after investigation, certifies to 

an appropriate district court of the United States·that the juvenile 

court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, or (2) does not 

have available programs and services adequate for the needs of juveniles. 

If the Attorney General does not so certify, such juvenile shall be 

surrendered to the appropriate legal authorities of such State. 

If an alleged juvenile delinquent is not surrendered to the authorities of a State or the District of Columbia pursuant to tMs section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers 

of otherwise. The Attorney General shall proceed by information, 

and no criminal prosecution shall be instituted for the alleged act 

of juvenile delinquency except as provided below. 

A juvenile who is alleged to have committed an act of juvenile 

delinquency and who is not surrendered to State authorities shall 

be proceeded against under this chapter unless he has requested in 

writing upon advice ot' counsel to be proceeded against as an adult, 

except that, with respect to a juvenile sixteen years and older alleged to have committed an act after his sixteenth birthday which 

if committed by an adult would be a felony punishable by a maximum penalty of ten years imprisonment or more, 'life imprisonment, or death, criminal prosecution on the basis of the alleged act 

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may be begun by motion to transfer of the Attorney General in the 

appropriate district court of the United States, if such court finds 

after hearing, such transfer would be in the interest of justice. ' . Evid~nce of the following factors shall be cc;)Osidered, and findlOgS. wIth :regard to each factor shall be made 10 the record, in assesslOg whether a transfer would be in the interest of justice: the 

age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile's prior delinquency 

record; the juvenile's present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile's response to such efforts; the availability of programs de .. signed to treat t.he juvenile's behavioral problems. . . ReB;sona~le notice of the ~ransfer heari~g shall be given to the 

Juvemle, Ius pa~ents, guardIan, or custodIan and to his counsel. 

The juvenile shall be assisted by counsel during the transfer hearing, and at. ever:y other critical stage of t.he I?~oceedings. 

Once a Juvemle has entered a plea of gullty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon 

such alleged act of delinquency shall be barred. 

Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at' subsequent, criminal prosecutions. . 

§ 5033. Custody prior to appearance before magistrate 

Whenever a juvenile is taken into custody for an alleged act of 

juven!le de~inque~cy, the B:rresti~g officer shall immedia~ly advise 

such Juvemle of hIS legal rIghts, 10 language comprehenslve to a juvenile, and shall immediately notify the Attorney General and the 

juvenile's parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian 

of the rights of the juvenile and of the nature of the alleged offense. 

The juvenile shall be taken before a magistrate forthwith. In no 

event shall the juvenile be detained for longer than a reasonable 

period of time before being brought before a magistrate. 

§ 5034. Dut.les of magistrate 

The magistrate shall insure that the juvenile is 'represented by 

counsel before proceeding with critical stages of the proceedings. Couns~l shall be assign~ to represen~ a juvenile when the juvenile and .hIS parents, guardIan, or custodian are financially unable to 

obtam adequate representation. In cases where the juvenile and his 

parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate 

may assign counsel and order the payment of reasonable attorney's 

fees 01" may direct the juvenile, his parents, guardian, or custodian 

to retain private counsel within a specified period of time. 

The magistrate may appoint a guardian ad litem if a parent or 

guardian of the juvenile is not present, or if the magistrate has 

r2a.scn to believe that the parents or guardian will not cooperate 

with the juvenile in preparing for trial, or that the interests of the 

parents or guardian and those of the juvenile are adverse. 

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If the juvenile has not been disch~~ged before his initial aPl?earance before the magistrate, the magIstrate shall release the Juvenile to his parents, guardian, custodian, or other responsible p~rty 

(including, but not limited to, the director of a shelter-care facIh.ty 1 

upon their promise to bring such juvenile before the approprIate 

court when requested by such court unless the magistrate determines after hearing, at which the juvenile is represented by coUt;tsel that the detention of such juvenile is required to secure hIS ti~ely appearance before the appropriate court or to insure his 

safety or that of others. 

§ 5035. Detention prior to disposition 

A juvenile alleged to be delinquent may be detained only in a juvenile facility or such other sui~able place ~s the Attorn~y General 

may designate. Whenever po~s.Ible, deten~lOn shall b~ 10 a foster 

home or community based facIhty located 10 or near hIS home community. The Attorney Genex:al shall not cause. any ju~eni~e a.llegc::d 

to be delinquent to be detamed or confined 10 any lOstItutIon.lO 

which the juvenile has regular contact with adult persons convICted of a crime or awaiting trial on criminal charges. InsofB;r a.s possible alleged delinquents shall be kept separate from adjudIcated deli~quents. Every juvenile in custody shall be provided with adequate food, heat, light, sanitary facpities, .bedding, clothing, r~cr~ation, education, and medical care, mcludlOg necessary psychIatrIC, 

psychological, or other care and treatment . 

§ 5036. Speedy trial 

If an alleged delinquent who is inl detention pending tri~l is not 

brought to trial within thirty days from the date upon whICh such 

detention was begun, the information shall be dismissed on motion 

of the alleged delinquent or at the direction of the court, l!nless t~e 

Attorney General shows that additional delay. was ~aused o~ the JUvenile or his counsel, or consented to by the Juvemle and hIS counsel or would be in the interest of justice in the particular case. 

Deiays attributable solely to court calendar congestion m!iy not ~e considered in the interest of justice. Except in extraordmary CIrcumstances, an information dismissed under this section may not 

be reinstituted. 

§ 5037. Dispositional hearing 

(a) If a juvenile is adjudicated delinquent, a separate dispositional hearing shall be held no later than twen~y court days af~~r trial unless the court has ordered further study 10 accordance WIth 

subsection (c). Copies of the presentence report shall be provided to 

the attorneys for both the juvenile and the Government a reasonable time in advance of the hearing. (b) The court may suspend the adjudication of delinquency or the 

disposition of the delinquent on such conditions as it deems proper, 

place him on probation, or commit him to the custody of the Attorney General. Prob.ation, commitment, or commitment i~ acc?r?-

ance with subsectlOn (c) shall not extend beyond the Juvemle s 

twenty-first birthday or th~ maximum term which could ~ave bee.n 

imposed on an adult conVICted of the same offense, whIchever IS 

I So in original. Apparently shc>uld include a closing parenthesis. 

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sooner, unless the juvenile has attained his ni!leteenth birthday at 

the time of disposition, in which case probation, commitment, or 

commitment in accordance with subsection (c) shall not exceed the 

lesser of two years or the maximum term which could have been 

imposed on an adult convicted of the same offense. 

(c) If the court desires more d~tailed information concerning an 

alleged or adjudicated delinquentl it may commit him, after notice 

and hearing at which the juvenile is represented by counsel, to the 

custody of the Attorney General for observation and study by an 

appropriate agency. Such observation and study shall be conducted 

on an outpatient basis, unless the court determines that inpatient 

observation and study are necessary to obtain the·desired information. In the case of an alleged juvenile delinquent, inpatient study 

may be ordered only with the consent of the juvenile and his attorney. The agency shall make a complete study of the alleged or ad- j':ldica~ed delinquent to ascertain his personal traits, his capabili- ties, hIS background, any previous delinquency or criminal experience, any mental or physical defect, and any other relevant factors. 

The Attorney General shall submit to the court and the attorneys 

for the juvenile and the Government the results of the study . within thirty days after the commitment of the juvenile, unless the 

court grants additional time. 

§ 5038. Use of juvenile records 

(a) Throughout the juvenile delinquency proceeding the court 

shall safeguard the records from disclosure. Upon the completion of 

any juvenile delinquency proceeding whether or not there is an adjUdication the district court shall order the entire file and record of 

such proceeding sealed. After such sealing, the court shall not release these records except to the extent necessary to meet the following circumstances: 

(1) inquiries received from another court of law; 

(2) inquiries from an agency preparing a presentence report for another court; 

(3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime 

or a position within that agency; 

(4) inquiries, in writing, from the director of a treatment 

agency or the director of a facility to which the juvenile has 

been committed by the court; 

(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and 

(6) inquiries from any victim of such juvenile delinquency, or 

if the victim is deceased from the immediate family of such 

victim, related to the final disposition of such juvenile by the 

court in accordance with section 5037. 

Unless otherwise authorized by this section, information about the 

sealed record may not be released when the request for information is related to an application for employment, license, bonding, 

or any civil right or privilege. Responses to such inquiries shall not 

be different from responses made about persons who have never 

been involved in a delinquency proceeding. 

(b) District courts exercising jurisdiction over any juvenile shall 

inform the juvenile, and his parent or guardian, in writing in clear 

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and nontechnical language, of rights relating to the sealing of his 

juvenile record. 

(c) During the course of any juvenile delinquency proceeding, all 

information and records relating to the proceeding, which are obtained or prepared in the discharge of ao official duty by an employee of the court or an employee of any other governmental 

agency, shall not be disclosed directly or indirectly to anyone other 

than the judge, counsel for the juvenile and the government, or 

others entitled under this section to receive sealed records. 

(d) Unless a juvenile who is taken into custody is prosecuted as 

an adult-

(1) neither the fingerprints nor a photograph shall be taken 

without the written consent of the judge; and 

(2) neither the name nor picture of any juvenile shall be 

made public by any medium of public information in connection with a juvenile delinquency proceeding. 

§ 5039. Commitment 

No juvenile committed to the custody of the Attorney General 

may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on 

criminal charges. 

Every juvenile, who has been committed shall be provided with 

adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including 

necessary psychiatric, psychological, or other care and treatment. 

Whenever possi~le, the Attorney General shall commit a juvenile 

to a foster home or community-based facility located in or near his 

home community. 

§ 5040. Support 

The Attorney General may contract with any public or private 

agency or individual and such community-based facilities as halfway houses and foster homes for the observation and study and the 

custody and care of juveniles in his custody. For these purpolles, 

the Attorney General may promulgate such' regulations as are necessary and may use the appropriation for "support of United States 

prisoners" or such other appropriations as he may designate. 

§ 5041. Parole 

A juvenile delinquent who has been committed may be released 

on parole at any time under such conditions and regulations as the 

United States Parole Commission deems proper in accordance with 

the provisions in section 4206 of this title. 

§ 5042. Revocation of parole or probation 

Any juvenile parolee or probationer shall be accorded notice and 

a hearing with counsel before his parole or probation can be revoked. 

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C. Provisions of Omnibus Crime Control and Safe Streets 

Act of 1968, as Amended by the Justice System 

Improvement Act of 1979, Incorporated by Reference 

in the II .Tuvenile Justice Amendments of 1980" 

"CONSULTATION; ESTABLISHMENT OF RULES AND REGULATIONS 

"SEC, 802. (a) The Office of Justice Assistance, Research, and 

Statistics, the Law Enforcement Assistam~e Administration, the 

Bureau of Justice Statistics, and the National Institute of Justice are 

authorized, ant.·r appropriate consultation with representatives of 

States and units of local government, to establish such rules, regula- tions, and procedures as are necessary to the exercise of their 

functions, and as are consistent with the stated purpose of this title. 

"(c) The procedures established to implement the provisions of this 

title shall minimize paperwork and prevent needless duplication and 

unnecessary delays in award and expenditure of funds at all levels of 

government. 

"NOTICE AND HEARING ON DENIAL OR TERMINATWN OF GRANT 

"SEC. 803, (a) Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 of title 5, 

United States Code, the National Institute of Justice, the Bureau of 

Justice Statistics, or the Law Enforcement Assistance Administration finds that a recipient of their respective assistance under this 

title has failed to comply substantially with-

"(1) any provision of this title; 

"·(2) any regulations or guidelines promulgated under this title; 

or 

"(3) any application submitted in accordance with the provi- sions of this title, or the provisions of any other applicable }<'ederal Act; 

they, until satisfied that there is no longer any such failure to 

comply, :,>hall-

"(A) terminate payments to the recipient under this title; 

U(B) reduce payments to the recipient under this title by an 

amount equal to the amount of such payments which were not 

expl'nded in accordance with this title; or 

u(C) limit the availabilitr, of payments under this title to 

programs, projects, or actiVities not affected by such failure to 

comply. 

"(b) If' a State grant application filed under part D or any grant appl ication Iiled under any other part of this title has been rejected or 

a State applicant under part D or an applicant under any other part 

of' this title has been denied a grant or has had a grant, or any portion of a grant, discontinued, terminated or has been given a 

grant in a lesser amount that such applicant believes appropriate under the provisions of this title, the National Institute pf Justice. 

the Bureau of .Justice Statistics, or the Law Enforcement Assist::lIlce 

Administration, as appropriate, shall notify the applicant or grantee 

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of its action and set forth the reason for the action taken. Whenever 

such an applicant or grantee requests a hearing, the National 

Institute of Justice, the Bureau of Justice Statistics, the Law Enforcement Assistance Administration, or any authorized officer 

thereof, is authorized and directed to hold tiucli hearings or in.vestigations, including hearings on the record in accordance with section 

554 of title 5, United States Code, at such times and places as 

necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made with respect thereto shall be final and conclusive, except as otherwise provided herein. 

"(c) If such recipient is dissatisfied with the findings and determinations of the Law Enforcement Assistance Administration, the 

Bureau of Justice Statistics, or the National Institute of Justice, 

following notice and hearing provided for in subsection (a), a request 

may be made for rehearing, under such regulations and procedures 

&S such Administration, Bureau, or Institute, as the case may be, 

may establish, and. such recipient shall be afforded an opportunity to 

present such additional information as may be deemed appropriate and pertinent to the matter involved. 

"FINALITY OF DETERMINATIONS 

"SEC. 804. In carrying out the functions vested by this title in the 

Law Enforcement Assistance Administration, the Bureau of Justice 

Statistics, or the National Institute of Justice, their determinations, 

findings, and conclusions shall, after reasonable notice and opportu- nity for a hearing, be final and conclusive upon all applications, 

except as otherwise provided herein. 

IIAPPELLATE COURT REVIEW 

"SEC. 805. (a) If any applicant or recipi~nt is dissatisfied with a final 

action with respect to section 803, 804, or 815(cX2XG) ofthis part, such 

applicant or recipient may, within sixty days after notice of such 

action, file with the United States court of appeals for the circuit in 

which such applicant or recipient is located, or in the United States 

Court of Appeals for the District of Columbia, a petition for review of 

the action. A copy of the petition shall forthwith be transmitted by the petitioner to the Office of Justice Assistance, Re$earch, and 

Statistics, the Law Enforcement Assistance Administration, the 

Bureau of Justice Statistics, or the National Institute of Justice, as 

appropriate, and the Attorney General of the United States, who 

shall represent the Federal Government in the litigation. The Office 

of Justice Assistance, Research, and Statistics, the Law Enforcement 

Assistance Administration, t~e Bureau of Justice Statistics, or the 

National Institute of Justice, as appropriate, shall thereupon file in 

the court the record of the proceedmg on which the action was based, 

as provided in section 2112 of title 28, United States Code. No 

objection to the action shall be considered by the court unless such 

objection has been urged before the Office of Justice Assistance, 

Research, and Statistics, the Law Enforcement Assistance Administration, the Bureau of Justice Statistics, or the National Institute of 

Justice, as appropriate. 

"(b) The court shall have jurisdiction to affirm or modify a final 

action or to set it aside in whole or in part. The findings of fact by the 

Office of Justice Assistance, Research, and Statistics, the Law 

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Enforcement Assistance Administration, the Bureau of Justice Statistics, or the National Institute of Justice, if supported by ~bstantial 

evidence on the record conside~ as a whole, shall be conclusive, but 

the court, for good cause shown, mar remand the case to the Office of 

Justice Assistance, Research, and statistics, the Law Enforcement 

Assistance Administration, the National Institute of Justice, or the 

Bureau of Justice Statistics. to take additional evidence to be made 

part of the record. The Office of Justice Assistance, Research, and 

Statistics, the Law Enforcement Assistance Administration, the 

Bureau of Justice Statistics, or the National Institute of Justice, may 

thereupon make new or modified findings of fact b}' reason of the new 

evidence so taken and med with the court and shall me such modified 

or new findings along with any recommendations such entity may 

have for the modification or setting aside of such entity's original 

action. All new or modifioo findings shall be conclusive with respect 

to questions of fact if supported by substantial evidence when the 

record as a whole is considered ...... "(c) Upon the min, of such petition, the court shall have jurisdiction to affirm the actIon of the Office of Justice Assistance, Research, 

and Statistics, the Law Enforcement Assistance Administration, the 

Bureau of Justice Statistics, or the National Institute of Justice, or to 

set it aside, in whole or in part. The judgment of the court shall be 

subject to review by the Supreme Court of the United States upon 

writ of certiorari or certifications as provided in section 1254 of title 

28, United States Code. 

"DELEGATION OF FUNCTIONS 

"SEC. 806. The Attorney General, the Office of Justice Assistance, 

Research, and Statistics, the National Institute of Justice, the Bureau 

of Justice Statistics, and the Law Enforcement Assistance Administration may delegate to any of their respective officers or employees 

such functions as they deem appropriate. 

"SUBPENA POWER; AUTHORITY TO HOLD HEARINGS 

"SEC. 807. In carrying out their functions, the Office of Justice 

Assistance, Research, and Statistics, the National Institute of Justice, 

the Bureau of Justice Statistics, and the Law Enforcement Assistance 

Administration, and upon authorization, any member thereof or any 

hearing examiner or administrative law judge assigned to or 

employed thereby shall have the power to hold hearings and issue 

subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States they may designate. 

"EMPLOYMENT OF HEARING OFFICERS 

"SEC. 810. The Office of Justice Assistance, Research, and Statistics, the National Institute of Justice, the Bureau of Justice Statistics, and the Law Enforcement Ao.I.istance Administration' may 

appoint such officers and employees as shall be necessary to carry 

out their powers and duties under this title and may appoint such 

hearing examiners or administrative law judges or request the use of 

such administrative law judges selected by the Office of Personnel 

Management pursuant to section 3344 of title 5, United States Code, 

as shall be necessary to carry out their powers and duties under this 

title. 

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"CONSULTATION WITH OTHER FEDERALj STATE, AND LOCAL OFFICIALS 

"SEC. 812. In carrying out the provisions of this title, including the 

issuance of regulations. the Attorney General. the Director of the 

Office of Justice Assistance, Research. and Statistics. the Administrator of the Law Enforcement Assistance Administration, and the 

Directors of the National Institute of Justice and the Bureau of 

Justice Statistics shall consult with other Federal departments and 

agencies and State and local officials. 

"REIMBURSEMENT AUTHORITY 

"SEC. 813. (a) The Office of Justice Assistance, Research, and 

Statistics, the National Institute of Justice, the Bureau of Justice 

Statistics, and the Law Enforcement Assistance Administration may 

arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of their functions under this 

title. 

H(b) The National Institute of Justice, the Bureau of Justice 

Statistics, the Law Enforcement Assistance Administration, and the 

Office of Justice Assistance, Research, and Statistics in carrying out 

their respective functions may use grants, contracts, or cooperative 

agreements in accordance with the standards established in the 

Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 

et seq.). 

"SERVICES OF EXPERTS AND CONSULTANTS; ADVISORY COMMI'ITEES 

"SEC. 814. (a) The Office of Justice Assistance, Research, and 

Statistics, the National Institute of Justice, the Bureau of Justice 

Statistics, and the Law Enforcement Assist8nce Administration may 

procure the services of experts and consultants in accordance with 

section 3109 of title 5, United States Code, at rates of compensation for individuals not to exceed the daily equivalent of the rate then 

payable for GS-1S by section 5332 of title 5. United States Code. 

•• Discrimination prohibition. 

"SEC. 815.,tc)(1) No .person !n. any State shall on the grouna or race, color, reh~lOn, national orIgIn, or sex be excluded from participation in, be 

den!ed the benefits ~f, or be sUQjected to discrimination under or 

dellIed .employmen.t In con~ection with any programs or activity fu~ded In ~hole or In part WIth funds made available under this title. 

(2XA) Whenever there has been-

"(i) rec~ipt of notice of a finding, after notice and opportunity for a hearmg, by a Federal court (other than in an action brought 

by t~e .Attor:ney General) or State court, or by a Federal or State 

admIllIstratIve agency. to the effect that there has been a pattern 

or practice of discrimination in violation of paragraph (1). or 

"(i.i) a de~ermination after an investigation by the Offic~ of 

Justice ASSIstance, Research, and Statistics (prior to a hearing 

under subparagraph (F) but including an opportunity for the 

State government or unit of local government to make a documentary submission regarding the allegation of discrimination 

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wit~ respect to s~ch .program or activity, with funds made 

avaIlable under thIS tItle) that a State government or unit .of 

local g.overnr,nent is. not in compliance with paragraph (I): 

the Office .of JustIce ASSIstance, Research, and Statistics shall within 

ten days after such occurrence, notify the chief executive' of the 

affected State, or the State in which the affected unit .of I.ocal 

g.overnment is located, and the chief executive .of such unit of local 

government, that such program or activity has been S.o f.ound .or 

determined not. to be in .compIi~nce with paragl'aph (I), and shall 

request each chlef.exec.utIve, notIfied under this subparagraph with 

respect. t.o such VIOlatIon, to secure compliance. For purposes .of 

clause (1) a finding by a Federal .or State administrative agency shall 

be deemed rendered after n.otice and opportunity for a hearing if it is 

rendered pursuant to procedures consistent with the pr.ovisions of 

subchapter II of chapter 5 of title 5, United States Code. 

"~B) In the event the chief executive secures compliance after 

notIce pursuant to subparagraph (A), the terms and conditions with 

which the affected State g.overnment or unit of local g.overnment 

agrees .to comply shall be set forth in writing and signed by the chief 

executIve of the State, by the chief executive of such unit (in the 

event of a vi.olation by a unit of local government), and by the Office 

of Ju~tice Assistance, Research, and Statistics. On or pri.or to the 

effectIve date of the agreement, the Office of Justice Assistance 

Research, and Statistics shall send a copy of the agreement to each 

complainant, if any, with respect t.o such violation. The chief executive .of the State, or the chief executive of the unit (in the event of a 

vi.olation by a unit of local g.overnm-:!nt) shall file semiannual rep.orts 

with the Office of Justice Assistance, Research, and Statistics detailing the steps taken to comply with the agreement. These reports 

shall cease to be filed upon the determination of the Office of Justice 

Assistance, Research, and Statistics that compliance has been secured, or UP.on the determination by a Federal or State court that 

such State g.overnment or local governmental unit is inc.ompliance 

with this secti.on. Within fifteen days of receipt .of such rep.orts, the 

Office .of Justice Assistance, Research, and Statistics shall send a 

copy there.of t.o each such complainant. 

"(C) If, at the conclusi.on of ninety days after notificati.on under 

subparagraph (A)-

"(D compliance has n.ot been secured by the chief executive of 

that State .or the chief executive .of that unit of local g.overn- ment; and 

"(U) an administrative law judge has n.ot made a determinati.on un~er subparagraph (F) that it is likely the State government or 

Ulllt .of local. government will prevail .on t~e merits; the Office of 

JustIce ASSIstance, Research, and StatIstics shall notify the 

Attorney General that compliance has not been secured and ca~se~ to have suspended further payment of any funds under t~l~ tItle to that p~ogram .or activity. Such suspension shall be bml~ed to t~e specIfic program or activit.y cited by the Office of 

JustIce ASSIstance, Research. and Statistics in the notice uncier 

subparagraph (A). Such suspensio>r shall be effective f.or a peri.od 

of n.o.t m.ore than on-:! hundred and twenty days, or, if there is a 

hearmg under subparagraph (G), not more than thirty days after 

the conclusion of such hearing, unless t,here has been an express 

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finding by the Office of Justice Assistance, Research, and Statistics, after notice and opportunity for such a hearing, that the 

Tecipient is not in compliance with paragraph (1). 

"(D) Payment of the suspended funds shall resume only if-

"(i) such State govsrnment or unit of local government enters 

into a compliance agreement approved by the Office uf Justice 

Assistance, Research, and Statistics and the Attorney General in 

accordance with subparagraph (B); 

"(ii) such State government; or unit of local government 

complies fully with the final order or judgment of a Federal or 

State court, or' by a Federal or State administrative agency if 

that order or judgment covers all the matters raised by the Office 

of Justice Assistance. Research, and Statistics in the notice 

pursuant to subparagraph (A), or is found to be in compliance 

wiLh paragraph (1) by such court; or 

"(iii) after a hearing the Office of Justice Assistance, Research, 

and Statistics pursuant to subparagraph (F) finds that noncompliance has not been demonstrated. 

t/(E) Whenever the Atto,l"ney General files a civil action alleging a 

pattern or practice of dis(lriminatory conduct on the basis of race, 

c.olor, religi.on, national ori,gin, .or sex in any program .or activity .of a 

State government .or unit .of local government which State government or unit of local government receives funds made available 

under thIs title, and the conduct allegedly viulates the pr.ovisipns of 

this secti.on and neither pady within forty-five days after such filing has been granted such preliminary relief with regard to the suspen- si.on .or payment of funds as may be otherwise available by law, the 

Office of Justice Assistance, Research, and Statistics shall cause to 

have suspended further payment of any funds under this title to that s~ecific program or activity alleged by the Attorney General to be in 

vIOlati.on of the provisions of this subsecti.on until such time as the 

court .orders resumption of payment. 'II(F) Pri.or to the suspension of funds under subparagraph (C), but 

within the ninety-day peri.od after notification under subparagraph 

(C), the State government .or unit oflocal government may request an 

expedited preliminary hearing on the record in acc.ordance with 

secti.on 554 of title 5, United States Code, in order to determine 

whether it is likely that the State government or unit of local 

government would, at a full hearing under subparagraph (G), prevail 

on the merits on the issue of the alleged noncompliance. A finding 

under this subparagraph by the administrative law judge in favor .of 

the State government or unit of local government shall defer the 

suspension of funds under subparagraph (C) pending a finding of 

noncompliance at the conclusion of the hearing on the merits under 

subparagraph (G). 

"(GXi) At any time after notification under subparagraph (A), but 

before the conclusion of the one-hundred-and-twenty-day period 

referred to in subparagraph (C), a State government or unit of 

local govel'llment may request a hearing on the record in accordan~e 

with section 554 of title 5, United States Code, which the Office oi 

Justice Assistance, Research, and Statistics shall initiate within 

sixty days of such request. 

U(ii) Within thirty days after the conclusion,of the hearing, or, in 

the absence of a hearing, at the conclusion of the one-hundred-andtwenty-day period referred to in subparagraph (C), the Office of 

Justice Assistance, Research, and Statistics shaH make a finding of 

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compliance or noncompliance. If the Office of Justice Assistance, 

Research, and Statistics makes a finding of noncomrliance, the Office 

of Justice Assistance, Re.search, and Statistics shal notify the Attorney General in order that the Attorney General may institute a civil 

action under paragraph (3), cause to have terminated the payment of 

funds under this title, and, if appropriate, seek repayment of such 

funds. 

"(iii) If the Office of Justice Assistance, Research, and Statistics 

makes a finding of compliance, payment of the suspended funds shall 

resume as provided in subparagraph (D). 

I/(H) Any State government or unit of local government aggrieved by a final determination of the Office of Justice Assistance, Research, and Statistics under subparagraph (G) may appeal such 

determination as provided in section 805 of this title. 

1/(3) Whenever the Attorney General has reason to believe that a 

State government or unit of local government hns engaged in or is 

engaging in a pattern or practice in violation of the provisions of this 

section, the Attorney Ger,eral may bring a civil action in an appropriate United States district court. Such court may grant as relief any 

temporary restraining order, preliminary or permanent injunction, 

or other order, as nece'''':..:.ry or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of such funds made available under this 

title as the court may deem appropriate, or placing any further such 

funds in escrow pending the outcome of the litigation. 

1/(4XA) Whenever a State government or unit of local government, 

or any officer or employee thereof acting in an official capacity, has 

engaged or is engaging in any act or practice prohibited by this 

subsection, a civil action may be instituted after exhaustion of 

administrative remedies by the person aggrieved in an appropriate 

United States district court or in a State court of general jurisdiction. Administrative remedies shall be deemed to be exhausted upon the 

expiration of sixty days after the date the administrative complaint 

was filed with the Office of Justice Assistance, Research, and Statistics or any other administrative enforcement agency, unless within 

such period there has been a determination by the Office of Justice 

Assistance, Research, and Statistics or the agency on the merits of 

the complaint, in which case such remedies shall be deemed 

exhausted at the time the determination becomes final. 

I/(B) In any civil action brought by a private person to enforce 

compliance with anr provision of this subsection, the court may grant 

to a prevailing plamtiff reasonable attorney fees, unless the court 

determines that the lawsuit is frivolous, vexatious, brought for 

harassment purposes, or brought principally for the purpose of 

gaining attorney fees. 

"(C) In any action instituted under this section to enforce compliance with paragraph (1), the Attorney General, or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that. the action is of 

general public importance. In such action the United States shall be 

entitled to the same relief as if it had instituted the action. 

"Rt:CORDKEEPING REQUIREMENT 

"SEC. 817. (a) Each recipient of funds un~er this title shall keep 

such records as the Office of Justice ASSistance,. Rese.arch, and 

Statistics shall prescribe, including records which fully disclose the 

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amount and disposition by such recipient of the funds, the total cost 

of the project or undertaking for which such fun?s are used, and ~he 

amount of that portion of the cost of the project or undertakmg supplied by other sources, and such other records as will facilitate an 

effective audit. . . "(b) The Office of Justice Assistance, Research, and Stabstics or 

any of its duly authorized representatives, shall have access for 

purpose of audit and examination of any books,. do~umen~s, p~pers, 

and records of the recipients of fun.ds under thiS title which 1':1 t~e 

opinion of the Office of Justice ASSistance, Research, and Stabstlcs 

may be related or pertinent to the grants, contracts. ~u~contracts, 

subgrants or other arrangements referred to under thiS btle. 

"(c) The 'Comptroller ~eneral of the p nited St~tes. or any of his duly authorized representatives, shall, until the exp~ration. of thrc::e years after the completion of the program or project 'Ylth which .the 

assistance is used, have access for the purpose of audit and .e~ammation to any books documents, papers, and records of recIpients of 

Federal funds und~r this title which in the opinion of the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this 

title. 

"CONFIDENTIALITY OF INFORMATION 

"SEC. 818. (a) Except as provided by Federal law other than this 

title, no officer or employee of the Federal Government, and no 

recipient of assistance under the provisions of this title shall use or 

reveal any research or statistical information furnished under thIS 

title by any pfl:'SOn and identifiable to any specific private person for 

allY purpose other than the purpose for which it was obtained in 

accordance with this title. Such information and copies thereof shall 

be immune from legal process, and shall not, without the consent of 

the person furnishing such information, be admitted as evidence or 

used for any purpose in any action, suit, or other judicial, legislative, 

or administrative proceedings. 

"(b) All criminal history information collected, stored, or disseminated th~ough support under this title shall contain, to the maximum 

extent feasible, disposition as well as arrest data where arrest data is 

included therein. The collection, storage, and dissemination of such 

information shall take place under procedures reasonably designed to 

insure that all such information is kept current therein; the Office of 

Justice Assistance, Research, and Statistics shall assure that the 

security and privacy of all information is adequately provided for and 

that information shall only be used for law enforcement and criminal 

justice and other lawful purposes. In addition, an individual who 

believes that criminal history information concerning him contained 

in an automated system is inaccurate, incomplete, or maintained in 

violation of this title, shall, upon satisfactory verification of his 

identity, be entitled to review such informaUon and to obtain a copy of it thr the purpose of challenge or correction. 

"(d) Any person violating the provisions of this section, or of any 

rule regulation, or order issued thereunder, s~all be fined not to exce~d $10,000, in addition to any other penalty Imposed by law. 

·U S GOVERN/1ENT PRINTING OFFICE; 1981 341~233/1880 

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