I

107TH CONGRESS

1ST SESSION H. R. 1900

To amend the Juvenile Justice and Delinquency Prevention Act of 1974

to provide quality prevention programs and accountability programs relating to juvenile delinquency; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. GREENWOOD (for himself and Mr. SCOTT) introduced the following bill;

which was referred to the Committee on Education and the Workforce

A BILL

To amend the Juvenile Justice and Delinquency Prevention

Act of 1974 to provide quality prevention programs and

accountability programs relating to juvenile delinquency;

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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Juvenile Crime Control and Delinquency Prevention Act

6 of 2001’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purpose.

Sec. 4. Definitions.

Sec. 5. Name of office.

Sec. 6. Concentration of Federal effort.

Sec. 7. Coordinating Council on Juvenile Justice and Delinquency Prevention.

Sec. 8. Annual report.

Sec. 9. Allocation.

Sec. 10. State plans.

Sec. 11. Juvenile delinquency prevention block grant program.

Sec. 12. Research; evaluation; technical assistance; training.

Sec. 13. Demonstration projects.

Sec. 14. Authorization of appropriations.

Sec. 15. Administrative authority.

Sec. 16. Use of funds.

Sec. 17. Limitation on use of funds.

Sec. 18. Rules of construction.

Sec. 19. Leasing surplus Federal property.

Sec. 20. Issuance of rules.

Sec. 21. Content of materials.

Sec. 22. Technical and conforming amendments.

Sec. 23. References.

Sec. 24. Effective date; application of amendments.

1 SEC. 2. FINDINGS.

2 Section 101 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5601) is amended to

4 read as follows:

5 ‘‘FINDINGS

6 ‘‘SEC. 101. (a) The Congress finds the following:

7 ‘‘(1) There has been a dramatic increase in ju8 venile delinquency, particularly violent crime com9 mitted by juveniles. Weapons offenses and homicides

10 are 2 of the fastest growing crimes committed by juveniles. More than 1 11 ⁄2 of juvenile victims are killed

with a firearm. Approximately 1 12 ⁄5 of the individuals

13 arrested for committing violent crime are less than

14 18 years of age. The increase in both the number of
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1 youth below the age of 15 and females arrested for

2 violent crime is cause for concern.

3 ‘‘(2) This problem should be addressed through

4 a 2-track common sense approach that addresses the

5 needs of individual juveniles and society at large by

6 promoting—

7 ‘‘(A) quality prevention programs that—

8 ‘‘(i) work with juveniles, their fami9 lies, local public agencies, and community10 based organizations, and take into consid11 eration such factors as whether or not ju12 veniles have been the victims of family vio13 lence (including child abuse and neglect);

14 and

15 ‘‘(ii) are designed to reduce risks and

16 develop competencies in at-risk juveniles

17 that will prevent, and reduce the rate of,

18 violent delinquent behavior; and

19 ‘‘(B) programs that assist in holding juve20 niles accountable for their actions, including a

21 system of graduated sanctions to respond to

22 each delinquent act, requiring juveniles to make

23 restitution, or perform community service, for

24 the damage caused by their delinquent acts,

25 and methods for increasing victim satisfaction
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1 with respect to the penalties imposed on juve2 niles for their acts.

3 ‘‘(b) Congress must act now to reform this program

4 by focusing on juvenile delinquency prevention programs,

5 as well as programs that hold juveniles accountable for

6 their acts. Without true reform, the criminal justice sys7 tem will not be able to overcome the challenges it will face

8 in the coming years when the number of juveniles is ex9 pected to increase by 30 percent.’’.

10 SEC. 3. PURPOSE.

11 Section 102 of the Juvenile Justice and Delinquency

12 Prevention Act of 1974 (42 U.S.C. 5602) is amended to

13 read as follows:

14 ‘‘PURPOSES

15 ‘‘SEC. 102. The purposes of this title and title II

16 are—

17 ‘‘(1) to support State and local programs that

18 prevent juvenile involvement in delinquent behavior;

19 ‘‘(2) to assist State and local governments in

20 promoting public safety by encouraging account21 ability for acts of juvenile delinquency; and

22 ‘‘(3) to assist State and local governments in

23 addressing juvenile crime through the provision of

24 technical assistance, research, training, evaluation,

25 and the dissemination of information on effective

26 programs for combating juvenile delinquency.’’.
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1 SEC. 4. DEFINITIONS.

2 Section 103 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

4 (1) in paragraph (3) by striking ‘‘to help pre5 vent juvenile delinquency’’ and inserting ‘‘designed

6 to reduce known risk factors for juvenile delinquent

7 behavior, provides activities that build on protective

8 factors for, and develop competencies in, juveniles to

9 prevent, and reduce the rate of, delinquent juvenile

10 behavior’’,

11 (2) in paragraph (4) by inserting ‘‘title I of’’

12 before ‘‘the Omnibus’’ each place it appears,

13 (3) in paragraph (7) by striking ‘‘the Trust

14 Territory of the Pacific Islands,’’,

15 (4) in paragraph (9) by striking ‘‘justice’’ and

16 inserting ‘‘crime control’’,

17 (5) in paragraph (12)(B) by striking ‘‘, of any

18 nonoffender,’’,

19 (6) in paragraph (13)(B) by striking ‘‘, any

20 non-offender,’’,

21 (7) in paragraph (14) by inserting ‘‘drug traf22 ficking,’’ after ‘‘assault,’’,

23 (8) in paragraph (16)—

24 (A) in subparagraph (A) by adding ‘‘and’’

25 at the end, and

26 (B) by striking subparagraph (C),
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1 (9) by striking paragraph (17),

2 (10) in paragraph (22)—

3 (A) by redesignating subparagraphs (i),

4 (ii), and (iii) as subparagraphs (A), (B), and

5 (C), respectively, and

6 (B) by striking ‘‘and’’ at the end,

7 (11) in paragraph (23) by striking the period at

8 the end and inserting a semicolon,

9 (12) by redesignating paragraphs (18), (19),

10 (20), (21), (22), and (22) as paragraphs (17)

11 through (22), respectively, and

12 (13) by adding at the end the following:

13 ‘‘(23) the term ‘boot camp’ means a residential

14 facility (excluding a private residence) at which there

15 are provided—

16 ‘‘(A) a highly regimented schedule of dis17 cipline, physical training, work, drill, and cere18 mony characteristic of military basic training.

19 ‘‘(B) regular, remedial, special, and voca20 tional education; and

21 ‘‘(C) counseling and treatment for sub22 stance abuse and other health and mental

23 health problems;

24 ‘‘(24) the term ‘graduated sanctions’ means an

25 accountability-based, graduated series of sanctions
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1 (including incentives and services) applicable to juve2 niles within the juvenile justice system to hold such

3 juveniles accountable for their actions and to protect

4 communities from the effects of juvenile delinquency

5 by providing appropriate sanctions for every act for

6 which a juvenile is adjudicated delinquent, by induc7 ing their law-abiding behavior, and by preventing

8 their subsequent involvement with the juvenile jus9 tice system;

10 ‘‘(25) the term ‘prohibited physical contact’

11 means—

12 ‘‘(i) any physical contact between a

13 juvenile and an adult inmate; and

14 ‘‘(ii) proximity that provides an op15 portunity for physical contact between a

16 juvenile and an adult inmate;

17 ‘‘(26) the term ‘violent crime’ means—

18 ‘‘(A) murder or nonnegligent man19 slaughter, forcible rape, or robbery, or

20 ‘‘(B) aggravated assault committed with

21 the use of a firearm;

22 ‘‘(27) the term ‘co-located facilities’ means fa23 cilities that are located in the same building, or are

24 part of a related complex of buildings located on the

25 same grounds; and
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1 ‘‘(28) the term ‘related complex of buildings’

2 means 2 or more buildings that share—

3 ‘‘(A) physical features, such as walls and

4 fences, or services beyond mechanical services

5 (heating, air conditioning, water and sewer); or

6 ‘‘(B) the specialized services that are al7 lowable under section 31.303(e)(3)(i)(C)(3) of

8 title 28 of the Code of Federal Regulations, as

9 in effect on December 10, 1996.’’.

10 SEC. 5. NAME OF OFFICE.

11 Title II of the Juvenile Justice and Delinquency Pre12 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

13 amended—

14 (1) by amending the heading of part A to read

15 as follows:

16 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL AND

17 DELINQUENCY PREVENTION’’,

18 (2) in section 201(a) by striking ‘‘Justice and

19 Delinquency Prevention’’ and inserting ‘‘Crime Con20 trol and Delinquency Prevention’’, and

21 (3) in subsections section 299A(c)(2) by strik22 ing ‘‘Justice and Delinquency Prevention’’ and in23 serting ‘‘Crime Control and Delinquency Preven24 tion’’.
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1 SEC. 6. CONCENTRATION OF FEDERAL EFFORT.

2 Section 204 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5614) is amended—

4 (1) in subsection (a)(1) by striking the last sen5 tence,

6 (2) in subsection (b)—

7 (A) in paragraph (3) by striking ‘‘and of

8 the prospective’’ and all that follows through

9 ‘‘administered’’,

10 (B) by striking paragraph (5), and

11 (C) by redesignating paragraphs (6) and

12 (7) as paragraphs (5) and (6), respectively,

13 (3) in subsection (c) by striking ‘‘and reports’’

14 and all that follows through ‘‘this part’’, and insert15 ing ‘‘as may be appropriate to prevent the duplica16 tion of efforts, and to coordinate activities, related to

17 the prevention of juvenile delinquency’’,

18 (4) by striking subsection (i), and

19 (5) by redesignating subsection (h) as sub20 section (f).

21 SEC. 7. COORDINATING COUNCIL ON JUVENILE JUSTICE

22 AND DELINQUENCY PREVENTION.

23 Section 206 of the Juvenile Justice and Delinquency

24 Prevention Act of 1974 (42 U.S.C. 5616) is repealed.
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1 SEC. 8. ANNUAL REPORT.

2 Section 207 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5617) is amended—

4 (1) in paragraph (2)—

5 (A) by inserting ‘‘and’’ after ‘‘priorities,’’,

6 and

7 (B) by striking ‘‘, and recommendations of

8 the Council’’,

9 (2) by striking paragraphs (4) and (5), and in10 serting the following:

11 ‘‘(4) An evaluation of the programs funded

12 under this title and their effectiveness in reducing

13 the incidence of juvenile delinquency, particularly

14 violent crime, committed by juveniles.’’, and

15 (3) by redesignating such section as section

16 206.

17 SEC. 9. ALLOCATION.

18 Section 222 of the Juvenile Justice and Delinquency

19 Prevention Act of 1974 (42 U.S.C. 5632) is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (2)—

22 (i) in subparagraph (A)—

23 (I) by striking ‘‘amount, up to

24 $400,000,’’ and inserting ‘‘amount up

25 to $400,000’’,
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1 (II) by inserting a comma after

2 ‘‘1992’’ the 1st place it appears,

3 (III) by striking ‘‘the Trust Ter4 ritory of the Pacific Islands,’’, and

5 (IV) by striking ‘‘amount, up to

6 $100,000,’’ and inserting ‘‘amount up

7 to $100,000’’,

8 (ii) in subparagraph (B)—

9 (I) by striking ‘‘(other than part

10 D)’’,

11 (II) by striking ‘‘or such greater

12 amount, up to $600,000’’ and all that

13 follows through ‘‘section 299(a) (1)

14 and (3)’’,

15 (III) by striking ‘‘the Trust Ter16 ritory of the Pacific Islands,’’,

17 (IV) by striking ‘‘amount, up to

18 $100,000,’’ and inserting ‘‘amount up

19 to $100,000’’, and

20 (V) by inserting a comma after

21 ‘‘1992’’,

22 (B) in paragraph (3) by striking ‘‘allot’’

23 and inserting ‘‘allocate’’, and

24 (2) in subsection (b) by striking ‘‘the Trust

25 Territory of the Pacific Islands,’’.
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1 SEC. 10. STATE PLANS.

2 Section 223 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

4 (1) in subsection (a)—

5 (A) in the 2nd sentence by striking ‘‘chal6 lenge’’ and all that follows through ‘‘part E’’,

7 and inserting ‘‘, projects, and activities’’,

8 (B) in paragraph (3)—

9 (i) by striking ‘‘, which—’’ and insert10 ing ‘‘that—’’,

11 (ii) in subparagraph (A)—

12 (I) by striking ‘‘not less’’ and all

13 that follows through ‘‘33’’, and insert14 ing ‘‘the attorney general of the State

15 or such other State official who has

16 primary responsibility for overseeing

17 the enforcement of State criminal

18 laws, and’’,

19 (II) by inserting ‘‘, in consulta20 tion with the attorney general of the

21 State or such other State official who

22 has primary responsibility for over23 seeing the enforcement of State crimi24 nal laws’’ after ‘‘State’’,

25 (III) in clause (i) by striking ‘‘or

26 the administration of juvenile justice’’
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1 and inserting ‘‘, the administration of

2 juvenile justice, or the reduction of ju3 venile delinquency’’,

4 (IV) in clause (ii) by striking ‘‘in5 clude—’’ and all that follows through

6 the semicolon at the end of subclause

7 (VIII), and inserting the following:

8 ‘‘represent a multidisciplinary approach to

9 addressing juvenile delinquency and may

10 include—

11 ‘‘(I) individuals who represent

12 units of general local government, law

13 enforcement and juvenile justice agen14 cies, public agencies concerned with

15 the prevention and treatment of juve16 nile delinquency and with the adju17 dication of juveniles, representatives

18 of juveniles, or nonprofit private orga19 nizations, particularly such organiza20 tions that serve juveniles; and

21 ‘‘(II) such other individuals as

22 the chief executive officer considers to

23 be appropriate; and’’, and

24 (V) by striking clauses (iv) and

25 (v),
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1 (iii) in subparagraph (C) by striking

2 ‘‘justice’’ and inserting ‘‘crime control’’,

3 (iv) in subparagraph (D)—

4 (I) in clause (i) by inserting

5 ‘‘and’’ at the end,

6 (II) in clause (ii) by striking

7 ‘‘paragraphs’’ and all that follows

8 through ‘‘part E’’, and inserting

9 ‘‘paragraphs (11), (12), and (13)’’,

10 and

11 (III) by striking clause (iii), and

12 (v) in subparagraph (E) by striking

13 ‘‘title—’’ and all that follows through

14 ‘‘(ii)’’ and inserting ‘‘title,’’,

15 (C) in paragraph (5)—

16 (i) in the matter preceding subpara17 graph (A) by striking ‘‘, other than’’ and

18 inserting ‘‘reduced by the percentage (if

19 any) specified by the State under the au20 thority of paragraph (25) and excluding’’

21 after ‘‘section 222’’, and

22 ‘‘(ii) in subparagraph (C) by striking

23 ‘‘paragraphs (12)(A), (13), and (14)’’ and

24 inserting ‘‘paragraphs (11), (12), and

25 (13)’’,
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1 (D) by striking paragraph (6),

2 (E) in paragraph (7) by inserting ‘‘, in3 cluding in rural areas’’ before the semicolon at

4 the end,

5 (F) in paragraph (8)—

6 (i) in subparagraph (A)—

7 (I) by striking ‘‘for (i)’’ and all

8 that follows through ‘‘relevant juris9 diction’’, and inserting ‘‘for an anal10 ysis of juvenile delinquency problems

11 in, and the juvenile delinquency con12 trol and delinquency prevention needs

13 (including educational needs) of, the

14 State’’,

15 (II) by striking ‘‘justice’’ the sec16 ond place it appears and inserting

17 ‘‘crime control’’, and

18 (III) by striking ‘‘of the jurisdic19 tion; (ii)’’ and all that follows through

20 the semicolon at the end, and insert21 ing ‘‘of the State; and’’,

22 (ii) by amending subparagraph (B) to

23 read as follows:

24 ‘‘(B) contain—
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1 ‘‘(i) a plan for providing needed gen2 der-specific services for the prevention and

3 treatment of juvenile delinquency;

4 ‘‘(ii) a plan for providing needed serv5 ices for the prevention and treatment of ju6 venile delinquency in rural areas; and

7 ‘‘(iii) a plan for providing needed

8 mental health services to juveniles in the

9 juvenile justice system, including informa10 tion on how such plan is being imple11 mented and how such services will be tar12 geted to those juveniles in such system who

13 are in greatest need of such services serv14 ices;’’, and

15 (iii) by striking subparagraphs (C)

16 and (D),

17 (G) by amending paragraph (9) to read as

18 follows:

19 ‘‘(9) provide for the coordination and maximum

20 utilization of existing juvenile delinquency programs,

21 programs operated by public and private agencies

22 and organizations, and other related programs (such

23 as education, special education, recreation, health,

24 and welfare programs) in the State;’’,

25 (H) in paragraph (10)—
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1 (i) in subparagraph (A)—

2 (I) by striking ‘‘, specifically’’

3 and inserting ‘‘including’’,

4 (II) by striking clause (i), and

5 (III) redesignating clauses (ii)

6 and (iii) as clauses (i) and (ii), respec7 tively,

8 (ii) in subparagraph (C) by striking

9 ‘‘juvenile justice’’ and inserting ‘‘juvenile

10 crime control’’,

11 (iii) by amending subparagraph (D) to

12 read as follows:

13 ‘‘(D) programs that provide treatment to

14 juvenile offenders who are victims of child

15 abuse or neglect, and to their families, in order

16 to reduce the likelihood that such juvenile of17 fenders will commit subsequent violations of

18 law;’’,

19 (iv) in subparagraph (E)—

20 (I) by redesignating clause (ii) as

21 clause (iii), and

22 (II) by striking ‘‘juveniles, pro23 vided’’ and all that follows through

24 ‘‘provides; and’’, and inserting the fol25 lowing:
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1 ‘‘juveniles—

2 ‘‘(i) to encourage juveniles to remain

3 in elementary and secondary schools or in

4 alternative learning situations;

5 ‘‘(ii) to provide services to assist juve6 niles in making the transition to the world

7 of work and self-sufficiency; and’’,

8 (v) by amending subparagraph (F) to

9 read as follows:

10 ‘‘(F) expanding the use of probation

11 officers—

12 ‘‘(i) particularly for the purpose of permit13 ting nonviolent juvenile offenders (including

14 status offenders) to remain at home with their

15 families as an alternative to incarceration or in16 stitutionalization; and

17 ‘‘(ii) to ensure that juveniles follow the

18 terms of their probation;’’,

19 (vi) by amending subparagraph (G) to

20 read as follows:

21 ‘‘(G) one-on-one mentoring programs that

22 are designed to link at-risk juveniles and juve23 nile offenders, particularly juveniles residing in

24 high-crime areas and juveniles experiencing

25 educational failure, with responsible adults
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1 (such as law enforcement officers, adults work2 ing with local businesses, and adults working

3 with community-based organizations and agen4 cies) who are properly screened and trained;’’,

5 (vii) in subparagraph (H) by striking

6 ‘‘handicapped youth’’ and inserting ‘‘juve7 niles with disabilities’’,

8 (viii) by amending subparagraph (K)

9 to read as follows:

10 ‘‘(K) boot camps for juvenile offenders;’’,

11 (ix) by amending subparagraph (L) to

12 read as follows:

13 ‘‘(L) community-based programs and serv14 ices to work with juveniles, their parents, and

15 other family members during and after incar16 ceration in order to strengthen families so that

17 such juveniles may be retained in their homes;’’,

18 (x) by amending subparagraph (N) to

19 read as follows:

20 ‘‘(N) establishing policies and systems to

21 incorporate relevant child protective services

22 records into juvenile justice records for pur23 poses of establishing treatment plans for juve24 nile offenders;’’,

25 (xi) in subparagraph (O)—
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1 (I) in striking ‘‘cultural’’ and in2 serting ‘‘other’’, and

3 (II) by striking the period at the

4 end and inserting a semicolon, and

5 (xii) by adding at the end the fol6 lowing:

7 ‘‘(P) programs designed to prevent and to

8 reduce hate crimes committed by juveniles; and

9 ‘‘(Q) after-school programs that provide

10 at-risk juveniles and juveniles in the juvenile

11 justice system with a range of age-appropriate

12 activities, including tutoring, mentoring, and

13 other educational and enrichment activities.’’,

14 (I) by amending paragraph (12) to read as

15 follows:

16 ‘‘(12) shall, in accordance with rules issued by

17 the Administrator, provide that—

18 ‘‘(A) juveniles who are charged with or

19 who have committed an offense that would not

20 be criminal if committed by an adult,

21 excluding—

22 ‘‘(i) juveniles who are charged with or

23 who have committed a violation of section

24 922(x)(2) of title 18, United States Code,

25 or of a similar State law;
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1 ‘‘(ii) juveniles who are charged with or

2 who have committed a violation of a valid

3 court order; and

4 ‘‘(iii) juveniles who are held in accord5 ance with the Interstate Compact on Juve6 niles as enacted by the State;

7 shall not be placed in secure detention facilities

8 or secure correctional facilities; and

9 ‘‘(B) juveniles—

10 ‘‘(i) who are not charged with any of11 fense; and

12 ‘‘(ii) who are—

13 ‘‘(I) aliens; or

14 ‘‘(II) alleged to be dependent, ne15 glected, or abused;

16 shall not be placed in secure detention facilities

17 or secure correctional facilities;’’,

18 (J) by amending paragraph (13) to read as

19 follows:

20 ‘‘(13) provide that—

21 ‘‘(A) juveniles alleged to be or found to be

22 delinquent or juveniles within the purview of

23 paragraph (11) will not be detained or confined

24 in any institution in which they have prohibited
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1 physical contact or sustained oral communica2 tion with adult inmates; and

3 ‘‘(B) there is in effect in the State a policy

4 that requires individuals who work with both

5 such juveniles and such adult inmates, includ6 ing in collocated facilities, have been trained

7 and certified to work with juveniles;

8 (K) by amending paragraph (14) to read

9 as follows:

10 ‘‘(14) provide that no juvenile will be detained

11 or confined in any jail or lockup for adults except—

12 ‘‘(A) juveniles who are accused of non13 status offenses and who are detained in such

14 jail or lockup for a period not to exceed 6

15 hours—

16 ‘‘(i) for processing or release;

17 ‘‘(ii) while awaiting transfer to a juve18 nile facility; or

19 ‘‘(iii) in which period such juveniles

20 make a court appearance;

21 ‘‘(B) juveniles who are accused of non22 status offenses, who are awaiting an initial

23 court appearance that will occur within 48

24 hours after being taken into custody (excluding
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1 Saturdays, Sundays, and legal holidays), and

2 who are detained in a jail or lockup—

3 ‘‘(i) in which—

4 ‘‘(I) such juveniles do not have

5 prohibited physical contact or sus6 tained oral communication, with

7 adults incarcerated because such

8 adults have been convicted of a crime

9 or are awaiting trial on criminal

10 charges; and

11 ‘‘(II) there is in effect in the

12 State a policy that requires individ13 uals who work with both such juve14 niles and such adults in co-located fa15 cilities have been trained and certified

16 to work with juveniles; and

17 ‘‘(ii) that—

18 ‘‘(I) is located outside a metro19 politan statistical area (as defined by

20 the Office of Management and Budg21 et) and has no existing acceptable al22 ternative placement available;

23 ‘‘(II) is located where conditions

24 of distance to be traveled or the lack

25 of highway, road, or transportation do
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1 not allow for court appearances within

2 48 hours (excluding Saturdays, Sun3 days, and legal holidays) so that a

4 brief (not to exceed an additional 48

5 hours) delay is excusable; or

6 ‘‘(III) is located where conditions

7 of safety exist (such as severe adverse,

8 life-threatening weather conditions

9 that do not allow for reasonably safe

10 travel), in which case the time for an

11 appearance may be delayed until 24

12 hours after the time that such condi13 tions allow for reasonable safe travel;

14 ‘‘(C) juveniles who are accused of non15 status offenses and who are detained in a jail

16 or lockup that satisfies the requirements of sub17 paragraph (B)(i) if—

18 ‘‘(i) such jail or lockup—

19 ‘‘(I) is located outside a metro20 politan statistical area (as defined by

21 the Office of Management and Budg22 et); and

23 ‘‘(II) has no existing acceptable

24 alternative placement available;
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1 ‘‘(ii) a parent or other legal guardian

2 (or guardian ad litem) of the juvenile in3 volved, in consultation with the counsel

4 representing the juvenile, consents to de5 taining such juvenile in accordance with

6 this subparagraph and has the right to re7 voke such consent at any time;

8 ‘‘(iii) the juvenile has counsel, and the

9 counsel representing such juvenile—

10 ‘‘(I) consults with the parents of

11 the juvenile to determine the appro12 priate placement of the juvenile; and

13 ‘‘(II) has an opportunity to

14 present the juvenile’s position regard15 ing the detention involved to the court

16 before the court approves such deten17 tion;;

18 ‘‘(iv) the court has an opportunity to

19 hear from the juvenile before court ap20 proval of such placement; and

21 ‘‘(v) detaining such juvenile in accord22 ance with this subparagraph is—

23 ‘‘(I) approved in advance by a

24 court with competent jurisdiction that
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1 has determined that such placement is

2 in the best interest of such juvenile;

3 ‘‘(II) required to be reviewed pe4 riodically and in the presence of the

5 juvenile, at intervals of not more than

6 5 days (excluding Saturdays, Sun7 days, and legal holidays), by such

8 court for the duration of detention;

9 and

10 ‘‘(III) for a period preceding the

11 sentencing (if any) of such juvenile,

12 but not to exceed a 20-day period;’’,

13 (L) in paragraph (15)—

14 (i) by striking ‘‘paragraph (12)(A),

15 paragraph (13), and paragraph (14)’’ and

16 inserting ‘‘paragraphs (11), (12), and

17 (13)’’, and

18 (ii) by striking ‘‘paragraph (12)(A)

19 and paragraph (13)’’ and inserting ‘‘para20 graphs (11) and (12)’’,

21 (M) in paragraph (16) by striking ‘‘men22 tally, emotionally, or physically handicapping

23 conditions’’ and inserting ‘‘disability’’,

24 (N) by amending paragraph (19) to read

25 as follows:
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1 ‘‘(19) provide assurances that—

2 ‘‘(A) any assistance provided under this

3 Act will not cause the displacement (including

4 a partial displacement, such as a reduction in

5 the hours of nonovertime work, wages, or em6 ployment benefits) of any currently employed

7 employee;

8 ‘‘(B) activities assisted under this Act will

9 not impair an existing collective bargaining re10 lationship, contract for services, or collective

11 bargaining agreement; and

12 ‘‘(C) no such activity that would be incon13 sistent with the terms of a collective bargaining

14 agreement shall be undertaken without the

15 written concurrence of the labor organization

16 involved;’’,

17 (O) in paragraph (22) by inserting before

18 the semicolon, the following:

19 ‘‘; and that the State will not expend funds to carry

20 out a program referred to in subparagraph (A), (B),

21 or (C) of paragraph (5) if the recipient of funds who

22 carried out such program during the preceding 2-

23 year period fails to demonstrate, before the expira24 tion of such 2-year period, that such program

25 achieved substantial success in achieving the goals
28

•HR 1900 IH

1 specified in the application submitted such recipient

2 to the State agency’’,

3 (P) by amending paragraph (23) to read

4 as follows:

5 ‘‘(23) address juvenile delinquency prevention

6 efforts and system improvement efforts designed to

7 reduce, without establishing or requiring numerical

8 standards or quotas, the disproportionate number of

9 juvenile members of minority groups, who come into

10 contact with the juvenile justice system;’’,

11 (Q) by amending paragraph (24) to read

12 as follows:

13 ‘‘(24) provide that if a juvenile is taken into

14 custody for violating a valid court order issued for

15 committing a status offense—

16 ‘‘(A) an appropriate public agency shall be

17 promptly notified that such juvenile is held in

18 custody for violating such order;

19 ‘‘(B) not later than 24 hours during which

20 such juvenile is so held, an authorized rep21 resentative of such agency shall interview, in

22 person, such juvenile; and

23 ‘‘(C) not later than 48 hours during which

24 such juvenile is so held—
29

•HR 1900 IH

1 ‘‘(i) such representative shall submit

2 an assessment to the court that issued

3 such order, regarding the immediate needs

4 of such juvenile; and

5 ‘‘(ii) such court shall conduct a hear6 ing to determine—

7 ‘‘(I) whether there is reasonable

8 cause to believe that such juvenile vio9 lated such order; and

10 ‘‘(II) the appropriate placement

11 of such juvenile pending disposition of

12 the violation alleged;’’,

13 (R) in paragraph (25) by striking the pe14 riod at the end and inserting a semicolon,

15 (S) by redesignating paragraphs (7)

16 through (25) as paragraphs (6) through (24),

17 respectively, and

18 (T) by adding at the end the following:

19 ‘‘(25) specify a percentage (if any), not to ex20 ceed 5 percent, of funds received by the State under

21 section 222 (other than funds made available to the

22 state advisory group under section 222(d)) that the

23 State will reserve for expenditure by the State to

24 provide incentive grants to units of general local gov-
30

•HR 1900 IH

1 ernment that reduce the caseload of probation offi2 cers within such units, and

3 ‘‘(26) provide that the State, to the maximum

4 extent practicable, will implement a system to ensure

5 that if a juvenile is before a court in the juvenile jus6 tice system, public child welfare records (including

7 child protective services records) relating to such ju8 venile that are on file in the geographical area under

9 the jurisdiction of such court will be made known to

10 such court.’’, and

11 (2) by amending subsection (c) to read as fol12 lows:

13 ‘‘(c) If a State fails to comply with any of the applica14 ble requirements of paragraphs (11), (12), (13), and (23)

15 of subsection (a) in any fiscal year beginning after Sep16 tember 30, 2001, then the amount allocated to such State

17 for the subsequent fiscal year shall be reduced by not to

18 exceed 12.5 percent for each such paragraph with respect

19 to which the failure occurs, unless the Administrator de20 termines that the State—

21 ‘‘(1) has achieved substantial compliance with

22 such applicable requirements with respect to which

23 the State was not in compliance; and

24 ‘‘(2) has made, through appropriate executive

25 or legislative action, an unequivocal commitment to
31

•HR 1900 IH

1 achieving full compliance with such applicable re2 quirements within a reasonable time.’’, and

3 (3) in subsection (d)—

4 (A) by striking ‘‘allotment’’ and inserting

5 ‘‘allocation’’, and

6 (B) by striking ‘‘subsection (a) (12)(A),

7 (13), (14) and (23)’’ each place it appears and

8 inserting ‘‘paragraphs (11), (12), (13), and

9 (23) of subsection (a)’’.

10 SEC. 11. JUVENILE DELINQUENCY PREVENTION BLOCK

11 GRANT PROGRAM.

12 Title II of the Juvenile Justice and Delinquency Pre13 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

14 amended—

15 (1) by striking parts C, D, E, F, G, and H,

16 (2) by striking the 1st part I,

17 (3) by redesignating the 2nd part I as part F,

18 and

19 (4) by inserting after part B the following:

20 ‘‘PART C—JUVENILE DELINQUENCY PREVENTION

21 BLOCK GRANT PROGRAM

22 ‘‘SEC. 241. AUTHORITY TO MAKE GRANTS.

23 ‘‘(a) GRANTS TO ELIGIBLE STATES.—The Adminis24 trator may make grants to eligible States, from funds allo25 cated under section 242, for the purpose of providing fi-
32

•HR 1900 IH

1 nancial assistance to eligible entities to carry out projects

2 designed to prevent juvenile delinquency, including—

3 ‘‘(1) projects that provide treatment (including

4 treatment for mental health problems) to juvenile of5 fenders, and juveniles who are at risk of becoming

6 juvenile offenders, who are victims of child abuse or

7 neglect or who have experienced violence in their

8 homes, at school, or in the community, and to their

9 families, in order to reduce the likelihood that such

10 juveniles will commit violations of law;

11 ‘‘(2) educational projects or supportive services

12 for delinquent or other juveniles—

13 ‘‘(A) to encourage juveniles to remain in

14 elementary and secondary schools or in alter15 native learning situations in educational set16 tings;

17 ‘‘(B) to provide services to assist juveniles

18 in making the transition to the world of work

19 and self-sufficiency;

20 ‘‘(C) to assist in identifying learning dif21 ficulties (including learning disabilities);

22 ‘‘(D) to prevent unwarranted and arbitrary

23 suspensions and expulsions;
33

•HR 1900 IH

1 ‘‘(E) to encourage new approaches and

2 techniques with respect to the prevention of

3 school violence and vandalism;

4 ‘‘(F) which assist law enforcement per5 sonnel and juvenile justice personnel to more ef6 fectively recognize and provide for learning-dis7 abled and other juveniles with disabilities;

8 ‘‘(G) which develop locally coordinated

9 policies and programs among education, juve10 nile justice, and social service agencies; or

11 ‘‘(H) to provide services to juveniles with

12 serious mental and emotional disturbances

13 (SED) in need of mental health services;

14 ‘‘(3) projects which expand the use of probation

15 officers—

16 ‘‘(A) particularly for the purpose of per17 mitting nonviolent juvenile offenders (including

18 status offenders) to remain at home with their

19 families as an alternative to incarceration or in20 stitutionalization; and

21 ‘‘(B) to ensure that juveniles follow the

22 terms of their probation;

23 ‘‘(4) one-on-one mentoring projects that are de24 signed to link at-risk juveniles and juvenile offenders

25 who did not commit serious crime, particularly juve-
34

•HR 1900 IH

1 niles residing in high-crime areas and juveniles expe2 riencing educational failure, with responsible adults

3 (such as law enforcement officers, adults working

4 with local businesses, and adults working for com5 munity-based organizations and agencies) who are

6 properly screened and trained;

7 ‘‘(5) community-based projects and services (in8 cluding literacy and social service programs) which

9 work with juvenile offenders and juveniles who are

10 at risk of becoming juvenile offenders, including

11 those from families with limited English-speaking

12 proficiency, their parents, their siblings, and other

13 family members during and after incarceration of

14 the juvenile offenders, in order to strengthen fami15 lies, to allow juvenile offenders to be retained in

16 their homes, and to prevent the involvement of other

17 juvenile family members in delinquent activities;

18 ‘‘(6) projects designed to provide for the treat19 ment (including mental health services) of juveniles

20 for dependence on or abuse of alcohol, drugs, or

21 other harmful substances;

22 ‘‘(7) projects which leverage funds to provide

23 scholarships for postsecondary education and train24 ing for low-income juveniles who reside in neighbor-
35

•HR 1900 IH

1 hoods with high rates of poverty, violence, and drug2 related crimes;

3 ‘‘(8) projects which provide for an initial intake

4 screening of each juvenile taken into custody—

5 ‘‘(A) to determine the likelihood that such

6 juvenile will commit a subsequent offense; and

7 ‘‘(B) to provide appropriate interventions

8 (including mental health services) to prevent

9 such juvenile from committing subsequent of10 fenses;

11 ‘‘(9) projects (including school- or community12 based projects) that are designed to prevent, and re13 duce the rate of, the participation of juveniles in

14 gangs that commit crimes (particularly violent

15 crimes), that unlawfully use firearms and other

16 weapons, or that unlawfully traffic in drugs and that

17 involve, to the extent practicable, families and other

18 community members (including law enforcement per19 sonnel and members of the business community) in

20 the activities conducted under such projects;

21 ‘‘(10) comprehensive juvenile justice and delin22 quency prevention projects that meet the needs of

23 juveniles through the collaboration of the many local

24 service systems juveniles encounter, including

25 schools, courts, law enforcement agencies, child pro-
36

•HR 1900 IH

1 tection agencies, mental health agencies, welfare

2 services, health care agencies, private nonprofit

3 agencies, and public recreation agencies offering

4 services to juveniles;

5 ‘‘(11) to develop, implement, and support, in

6 conjunction with public and private agencies, organi7 zations, and businesses, projects for the employment

8 of juveniles and referral to job training programs

9 (including referral to Federal job training pro10 grams);

11 ‘‘(12) delinquency prevention activities which

12 involve youth clubs, sports, recreation and parks,

13 peer counseling and teaching, the arts, leadership

14 development, community service, volunteer service,

15 before- and after-school programs, violence preven16 tion activities, mediation skills training, camping,

17 environmental education, ethnic or cultural enrich18 ment, tutoring, and academic enrichment;

19 ‘‘(13) to establish policies and systems to incor20 porate relevant child protective services records into

21 juvenile justice records for purposes of establishing

22 treatment plans for juvenile offenders;

23 ‘‘(14) programs that encourage social com24 petencies, problem-solving skills, and communication

25 skills, youth leadership, and civic involvement;
37

•HR 1900 IH

1 ‘‘(15) programs that focus on the needs of

2 young girls at-risk of delinquency or status offenses;

3 ‘‘(16) projects which provide for—

4 ‘‘(A) an assessment by a qualified mental

5 health professional of incarcerated juveniles

6 who are suspected to be in need of mental

7 health services;

8 ‘‘(B) the development of an individualized

9 treatment plan for those incarcerated juveniles

10 determined to be in need of such services;

11 ‘‘(C) the inclusion of a discharge plan for

12 incarcerated juveniles receiving mental health

13 services that addresses aftercare services; and

14 ‘‘(D) all juveniles receiving psychotropic

15 medications to be under the care of a licensed

16 mental health professional;

17 ‘‘(17) after-school programs that provide at-risk

18 juveniles and juveniles in the juvenile justice system

19 with a range of age-appropriate activities, including

20 tutoring, mentoring, and other educational and en21 richment activities;

22 ‘‘(18) programs related to the establishment

23 and maintenance of a school violence hotline, based

24 on a public-private partnership, that students and

25 parents can use to report suspicious, violent, or
38

•HR 1900 IH

1 threatening behavior to local school and law enforce2 ment authorities;

3 ‘‘(19) programs (excluding programs to pur4 chase guns from juveniles) designed to reduce the

5 unlawful acquisition and illegal use of guns by juve6 niles, including partnerships between law enforce7 ment agencies, health professionals, school officials,

8 firearms manufacturers, consumer groups, faith9 based groups and community organizations; and

10 ‘‘(20) other activities that are likely to prevent

11 juvenile delinquency.

12 ‘‘(b) GRANTS TO ELIGIBLE INDIAN TRIBES.—The

13 Administrator may make grants to eligible Indian tribes

14 from funds allocated under section 242(b), to carry out

15 projects of the kinds described in subsection (a).

16 ‘‘SEC. 242. ALLOCATION.

17 ‘‘(a) ALLOCATION AMONG ELIGIBLE STATES.—Sub18 ject to subsection (b), funds appropriated to carry out this

19 part shall be allocated among eligible States proportion20 ately based on the population that is less than 18 years

21 of age in the eligible States.

22 ‘‘(b) ALLOCATION AMONG INDIAN TRIBES COLLEC23 TIVELY.—Before allocating funds under subsection (a)

24 among eligible States, the Administrator shall allocate

25 among eligible Indian tribes as determined under section
39

•HR 1900 IH

1 246(a), an aggregate amount equal to the amount such

2 tribes would be allocated under subsection (a), and with3 out regard to this subsection, if such tribes were treated

4 collectively as an eligible State.

5 ‘‘SEC. 243. ELIGIBILITY OF STATES.

6 ‘‘(a) APPLICATION.—To be eligible to receive a grant

7 under section 241, a State shall submit to the Adminis8 trator an application that contains the following:

9 ‘‘(1) An assurance that the State will use—

10 ‘‘(A) not more than 5 percent of such

11 grant, in the aggregate, for—

12 ‘‘(i) the costs incurred by the State to

13 carry out this part; and

14 ‘‘(ii) to evaluate, and provide technical

15 assistance relating to, projects and activi16 ties carried out with funds provided under

17 this part; and

18 ‘‘(B) the remainder of such grant to make

19 grants under section 244.

20 ‘‘(2) An assurance that, and a detailed descrip21 tion of how, such grant will support, and not sup22 plant State and local efforts to prevent juvenile de23 linquency.

24 ‘‘(3) An assurance that such application was

25 prepared after consultation with and participation by
40

•HR 1900 IH

1 community-based organizations, and organizations in

2 the local juvenile justice system, that carry out pro3 grams, projects, or activities to prevent juvenile de4 linquency.

5 ‘‘(4) An assurance that each eligible entity de6 scribed in section 244 that receives an initial grant

7 under section 244 to carry out a project or activity

8 shall also receive an assurance from the State that

9 such entity will receive from the State, for the subse10 quent fiscal year to carry out such project or activ11 ity, a grant under such section in an amount that

12 is proportional, based on such initial grant and on

13 the amount of the grant received under section 241

14 by the State for such subsequent fiscal year, but

15 that does not exceed the amount specified for such

16 subsequent fiscal year in such application as ap17 proved by the State.

18 ‘‘(5) Such other information and assurances as

19 the Administrator may reasonably require by rule.

20 ‘‘(b) APPROVAL OF APPLICATIONS.—

21 ‘‘(1) APPROVAL REQUIRED.—Subject to para22 graph (2), the Administrator shall approve an appli23 cation, and amendments to such application sub24 mitted in subsequent fiscal years, that satisfy the re25 quirements of subsection (a).
41

•HR 1900 IH

1 ‘‘(2) LIMITATION.—The Administrator may not

2 approve such application (including amendments to

3 such application) for a fiscal year unless—

4 ‘‘(A)(i) the State submitted a plan under

5 section 223 for such fiscal year; and

6 ‘‘(ii) such plan is approved by the Adminis7 trator for such fiscal year; or

8 ‘‘(B) the Administrator waives the applica9 tion of subparagraph (A) to such State for such

10 fiscal year, after finding good cause for such a

11 waiver.

12 ‘‘SEC. 244. GRANTS FOR LOCAL PROJECTS.

13 ‘‘(a) GRANTS BY STATES.—Using a grant received

14 under section 241, a State may make grants to eligible

15 entities whose applications are received by the State to

16 carry out projects and activities described in section 241.

17 ‘‘(b) SPECIAL CONSIDERATION.—For purposes of

18 making grants under subsection (a), the State shall give

19 special consideration to eligible entities that—

20 ‘‘(1) propose to carry out such projects in geo21 graphical areas in which there is—

22 ‘‘(A) a disproportionately high level of seri23 ous crime committed by juveniles; or

24 ‘‘(B) a recent rapid increase in the number

25 of nonstatus offenses committed by juveniles;
42

•HR 1900 IH

1 ‘‘(2)(A) agreed to carry out such projects or ac2 tivities that are multidisciplinary and involve more

3 than 2 private nonprofit agencies, organizations, and

4 institutions that have experience dealing with juve5 niles; or

6 ‘‘(B) represent communities that have a com7 prehensive plan designed to identify at-risk juveniles

8 and to prevent or reduce the rate of juvenile delin9 quency, and that involve other entities operated by

10 individuals who have a demonstrated history of in11 volvement in activities designed to prevent juvenile

12 delinquency; and

13 ‘‘(3) the amount of resources (in cash or in

14 kind) such entities will provide to carry out such

15 projects and activities.

16 ‘‘SEC. 245. ELIGIBILITY OF ENTITIES.

17 ‘‘(a) ELIGIBILITY.—Except as provided in subsection

18 (b), to be eligible to receive a grant under section 244,

19 a unit of general purpose local government, acting jointly

20 with not fewer than 2 private nonprofit agencies, organiza21 tions, and institutions that have experience dealing with

22 juveniles, shall submit to the State an application that

23 contains the following:

24 ‘‘(1) An assurance that such applicant will use

25 such grant, and each such grant received for the
43

•HR 1900 IH

1 subsequent fiscal year, to carry out throughout a 2-

2 year period a project or activity described in reason3 able detail, and of a kind described in one or more

4 of paragraphs (1) through (14) of section 241 as

5 specified in, such application.

6 ‘‘(2) A statement of the particular goals such

7 project or activity is designed to achieve, and the

8 methods such entity will use to achieve, and assess

9 the achievement of, each of such goals.

10 ‘‘(3) A statement identifying the research (if

11 any) such entity relied on in preparing such applica12 tion.

13 ‘‘(b) LIMITATION.—If an eligible entity that receives

14 a grant under section 244 to carry out a project or activity

15 for a 2-year period, and receives technical assistance from

16 the State or the Administrator after requesting such tech17 nical assistance (if any), fails to demonstrate, before the

18 expiration of such 2-year period, that such project or such

19 activity has achieved substantial success in achieving the

20 goals specified in the application submitted by such entity

21 to receive such grants, then such entity shall not be eligi22 ble to receive any subsequent grant under such section to

23 continue to carry out such project or activity.

24 ‘‘SEC. 246. GRANTS TO INDIAN TRIBES.

25 ‘‘(a) ELIGIBILITY.—
44

•HR 1900 IH

1 ‘‘(1) APPLICATION.—To be eligible to receive a

2 grant under section 241(b), an Indian tribe shall

3 submit to the Administrator an application in ac4 cordance with this section, in such form and con5 taining such information as the Administrator may

6 require by rule.

7 ‘‘(2) PLANS.—Such application shall include a

8 plan for conducting programs, projects, and activi9 ties described in section 241(a), which plan shall—

10 ‘‘(A) provide evidence that the applicant

11 Indian tribe performs law enforcement func12 tions (as determined by the Secretary of the In13 terior);

14 ‘‘(B) identify the juvenile justice and delin15 quency problems and juvenile delinquency pre16 vention needs to be addressed by activities con17 ducted with funds provided by the grant for

18 which such application is submitted, by the In19 dian tribe in the geographical area under the

20 jurisdiction of the Indian tribe;

21 ‘‘(C) provide for fiscal control and account22 ing procedures that—

23 ‘‘(i) are necessary to ensure the pru24 dent use, proper disbursement, and ac-
45

•HR 1900 IH

1 counting of grants received by applicants

2 under this section; and

3 ‘‘(ii) are consistent with the require4 ment specified in subparagraph (B); and

5 ‘‘(D) comply with the requirements speci6 fied in section 223(a) (excluding any require7 ment relating to consultation with a State advi8 sory group) and with the requirements specified

9 in section 222(c); and

10 ‘‘(E) contain such other information, and

11 be subject to such additional requirements, as

12 the Administrator may reasonably require by

13 rule to ensure the effectiveness of the projects

14 for which grants are made under section

15 241(b).

16 ‘‘(b) FACTORS FOR CONSIDERATION.—For the pur17 pose of selecting eligible applicants to receive grants under

18 section 241(b), the Administrator shall consider—

19 ‘‘(1) the resources that are available to each ap20 plicant Indian tribe that will assist, and be coordi21 nated with, the overall juvenile justice system of the

22 Indian tribe; and

23 ‘‘(2) with respect to each such applicant—

24 ‘‘(A) the juvenile population; and
46

•HR 1900 IH

1 ‘‘(B) the population and the entities that

2 will be served by projects proposed to be carried

3 out with the grant for which the application is

4 submitted.

5 ‘‘(c) GRANT PROCESS.—

6 ‘‘(1) SELECTION OF GRANT RECIPIENTS.—

7 ‘‘(A) SELECTION REQUIREMENTS.—Except

8 as provided in paragraph (2), the Administrator

9 shall—

10 ‘‘(i) make grants under this section on

11 a competitive basis; and

12 ‘‘(ii) specify in writing to each appli13 cant selected to receive a grant under this

14 section, the terms and conditions on which

15 such grant is made to such applicant.

16 ‘‘(B) PERIODOF GRANT.—A grant made

17 under this section shall be available for expendi18 ture during a 2–year period.

19 ‘‘(2) EXCEPTION.—If—

20 ‘‘(A) in the 2-year period for which a grant

21 made under this section shall be expended, the

22 recipient of such grant applies to receive a sub23 sequent grant under this section; and

24 ‘‘(B) the Administrator determines that

25 such recipient performed during the year pre-
47

•HR 1900 IH

1 ceding the 2–year period for which such recipi2 ent applies to receive such subsequent grant

3 satisfactorily and in accordance with the terms

4 and conditions applicable to the grant received;

5 then the Administrator may waive the application of

6 the competition-based requirement specified in para7 graph (1)(A)(i) and may allow the applicant to in8 corporate by reference in the current application the

9 text of the plan contained in the recipient’s most re10 cent application previously approved under this sec11 tion.

12 ‘‘(3) AUTHORITY TO MODIFY APPLICATION

13 PROCESS FOR SUBSEQUENT GRANTS.—The Adminis14 trator may modify by rule the operation of sub15 section (a) with respect to the submission and con16 tents of applications for subsequent grants described

17 in paragraph (2).

18 ‘‘(d) REPORTING REQUIREMENT.—Each Indian tribe

19 that receives a grant under this section shall be subject

20 to the fiscal accountability provisions of section 5(f)(1) of

21 the Indian Self-Determination and Education Assistance

22 Act (25 U.S.C. 450c(f)(1)), relating to the submission of

23 a single-agency audit report required by chapter 75 of title

24 31, United States Code.
48

•HR 1900 IH

1 ‘‘(e) MATCHING REQUIREMENT.—(1) Funds appro2 priated for the activities of any agency of an Indian tribal

3 government or the Bureau of Indian Affairs performing

4 law enforcement functions on any Indian lands may be

5 used to provide the non-Federal share of any program or

6 project with a matching requirement funded under this

7 section.

8 ‘‘(2) Paragraph (1) shall not apply with respect to

9 funds appropriated before the date of the enactment of

10 the Juvenile Crime Control and Delinquency Prevention

11 Act of 2001.’’.

12 SEC. 12. RESEARCH; EVALUATION; TECHNICAL ASSIST13 ANCE; TRAINING.

14 Title II of the Juvenile Justice and Delinquency Pre15 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

16 by inserting after part C, as added by section 11, the fol17 lowing:

18 ‘‘PART D—RESEARCH; EVALUATION; TECHNICAL

19 ASSISTANCE; TRAINING

20 ‘‘SEC. 251. RESEARCH AND EVALUATION; STATISTICAL

21 ANALYSES; INFORMATION DISSEMINATION

22 ‘‘(a) RESEARCH AND EVALUATION.—(1) The Admin23 istrator may—

24 ‘‘(A) plan and identify, after consultation with

25 the Director of the National Institute of Justice, the
49

•HR 1900 IH

1 purposes and goals of all agreements carried out

2 with funds provided under this subsection; and

3 ‘‘(B) make agreements with the National Insti4 tute of Justice or, subject to the approval of the As5 sistant Attorney General for the Office of Justice

6 Programs, with another Federal agency authorized

7 by law to conduct research or evaluation in juvenile

8 justice matters, for the purpose of providing re9 search and evaluation relating to—

10 ‘‘(i) the prevention, reduction, and control

11 of juvenile delinquency and serious crime com12 mitted by juveniles;

13 ‘‘(ii) the link between juvenile delinquency

14 and the incarceration of members of the fami15 lies of juveniles;

16 ‘‘(iii) successful efforts to prevent first17 time minor offenders from committing subse18 quent involvement in serious crime;

19 ‘‘(iv) successful efforts to prevent recidi20 vism;

21 ‘‘(v) the juvenile justice system;

22 ‘‘(vi) juvenile violence;

23 ‘‘(vii) appropriate mental health services

24 for juveniles and youth at risk of participating

25 in delinquent activities;
50

•HR 1900 IH

1 ‘‘(viii) reducing the proportion of juveniles

2 detained or confined in secure detention facili3 ties, secure correctional facilities, jails, and

4 lockups who are members of minority groups;

5 and

6 ‘‘(ix) other purposes consistent with the

7 purposes of this title and title I.

8 ‘‘(2) The Administrator shall ensure that an equi9 table amount of funds available to carry out paragraph

10 (1)(B) is used for research and evaluation relating to the

11 prevention of juvenile delinquency.

12 ‘‘(b) STATISTICAL ANALYSES..—The Administrator

13 may—

14 ‘‘(1) plan and identify, after consultation with

15 the Director of the Bureau of Justice Statistics, the

16 purposes and goals of all agreements carried out

17 with funds provided under this subsection; and

18 ‘‘(2) make agreements with the Bureau of Jus19 tice Statistics, or subject to the approval of the As20 sistant Attorney General for the Office of Justice

21 Programs, with another Federal agency authorized

22 by law to undertake statistical work in juvenile jus23 tice matters, for the purpose of providing for the col24 lection, analysis, and dissemination of statistical

25 data and information relating to juvenile delinquency
51

•HR 1900 IH

1 and serious crimes committed by juveniles, to the ju2 venile justice system, to juvenile violence, and to

3 other purposes consistent with the purposes of this

4 title and title I.

5 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad6 ministrator shall use a competitive process, established by

7 rule by the Administrator, to carry out subsections (a) and

8 (b).

9 ‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Fed10 eral agency that makes an agreement under subsections

11 (a)(1)(B) and (b)(2) with the Administrator may carry out

12 such agreement directly or by making grants to or con13 tracts with public and private agencies, institutions, and

14 organizations.

15 ‘‘(e) INFORMATION DISSEMINATION.—The Adminis16 trator may—

17 ‘‘(1) review reports and data relating to the ju18 venile justice system in the United States and in for19 eign nations (as appropriate), collect data and infor20 mation from studies and research into all aspects of

21 juvenile delinquency (including the causes, preven22 tion, and treatment of juvenile delinquency) and se23 rious crimes committed by juveniles;

24 ‘‘(2) establish and operate, directly or by con25 tract, a clearinghouse and information center for the
52

•HR 1900 IH

1 preparation, publication, and dissemination of infor2 mation relating to juvenile delinquency, including

3 State and local prevention and treatment programs,

4 plans, resources, and training and technical assist5 ance programs; and

6 ‘‘(3) make grants and contracts with public and

7 private agencies, institutions, and organizations, for

8 the purpose of disseminating information to rep9 resentatives and personnel of public and private

10 agencies, including practitioners in juvenile justice,

11 law enforcement, the courts, corrections, schools,

12 and related services, in the establishment, implemen13 tation, and operation of projects and activities for

14 which financial assistance is provided under this

15 title.

16 ‘‘SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

17 ‘‘(a) TRAINING.—The Administrator may—

18 ‘‘(1) develop and carry out projects for the pur19 pose of training representatives and personnel of

20 public and private agencies, including practitioners

21 in juvenile justice, law enforcement, courts (includ22 ing model juvenile and family courts), corrections,

23 schools, and related services, to carry out the pur24 poses specified in section 102; and
53

•HR 1900 IH

1 ‘‘(2) make grants to and contracts with public

2 and private agencies, institutions, and organizations

3 for the purpose of training representatives and per4 sonnel of public and private agencies, including prac5 titioners in juvenile justice, law enforcement, courts

6 (including model juvenile and family courts), correc7 tions, schools, and related services, to carry out the

8 purposes specified in section 102.

9 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator

10 may—

11 ‘‘(1) develop and implement projects for the

12 purpose of providing technical assistance to rep13 resentatives and personnel of public and private

14 agencies and organizations, including practitioners

15 in juvenile justice, law enforcement, courts (includ16 ing model juvenile and family courts), corrections,

17 schools, and related services, in the establishment,

18 implementation, and operation of programs, projects,

19 and activities for which financial assistance is pro20 vided under this title; and

21 ‘‘(2) make grants to and contracts with public

22 and private agencies, institutions, and organizations,

23 for the purpose of providing technical assistance to

24 representatives and personnel of public and private

25 agencies, including practitioners in juvenile justice,
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1 law enforcement, courts (including model juvenile

2 and family courts), corrections, schools, and related

3 services, in the establishment, implementation, and

4 operation of programs, projects, and activities for

5 which financial assistance is provided under this

6 title.

7 ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE TO

8 MENTAL HEALTH PROFESSIONALS AND LAW ENFORCE9 MENT PERSONNEL.—The Administrator shall provide

10 training and technical assistance to mental health profes11 sionals and law enforcement personnel (including public

12 defenders, police officers, probation officers, judges, parole

13 officials, and correctional officers) to address or to pro14 mote the development, testing, or demonstration of prom15 ising or innovative models (including model juvenile and

16 family courts), programs, or delivery systems that address

17 the needs of juveniles who are alleged or adjudicated delin18 quent and who, as a result of such status, are placed in

19 secure detention or confinement or in nonsecure residen20 tial placements.’’.

21 SEC. 13. DEMONSTRATION PROJECTS.

22 Title II of the Juvenile Justice and Delinquency Pre23 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

24 by inserting after part D, as added by section 12, the fol25 lowing:
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1 ‘‘PART E—DEVELOPING, TESTING, AND DEM2 ONSTRATING PROMISING NEW INITIATIVES

3 AND PROGRAMS

4 ‘‘SEC. 261. GRANTS AND PROJECTS.

5 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis6 trator may make grants to and contracts with States,

7 units of general local government, Indian tribal govern8 ments, public and private agencies, organizations, and in9 dividuals, or combinations thereof, to carry out projects

10 for the development, testing, and demonstration of prom11 ising initiatives and programs for the prevention, control,

12 or reduction of juvenile delinquency. The Administrator

13 shall ensure that, to the extent reasonable and practicable,

14 such grants are made to achieve an equitable geographical

15 distribution of such projects throughout the United

16 States.

17 ‘‘(b) USE OF GRANTS.—A grant made under sub18 section (a) may be used to pay all or part of the cost of

19 the project for which such grant is made.

20 ‘‘SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

21 ‘‘The Administrator may make grants to and con22 tracts with public and private agencies, organizations, and

23 individuals to provide technical assistance to States, units

24 of general local government, Indian tribal governments,

25 local private entities or agencies, or any combination
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1 thereof, to carry out the projects for which grants are

2 made under section 261.

3 ‘‘SEC. 263. ELIGIBILITY.

4 ‘‘To be eligible to receive a grant made under this

5 part, a public or private agency, Indian tribal government,

6 organization, institution, individual, or combination there7 of shall submit an application to the Administrator at such

8 time, in such form, and containing such information as

9 the Administrator may reasonably require by rule.

10 ‘‘SEC. 264. REPORTS.

11 ‘‘Recipients of grants made under this part shall sub12 mit to the Administrator such reports as may be reason13 ably requested by the Administrator to describe progress

14 achieved in carrying the projects for which such grants

15 are made.’’.

16 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

17 Section 299 of the Juvenile Justice and Delinquency

18 Prevention Act of 1974 (42 U.S.C. 5671) is amended—

19 (1) by striking subsection (e), and

20 (2) by striking subsections (a), (b), and (c), and

21 inserting the following:

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR

23 TITLE II (EXCLUDING PARTS C AND E).—(1) There are

24 authorized to be appropriated to carry out this title such
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1 sums as may be appropriate for fiscal years 2002, 2003,

2 2004, and 2005.

3 ‘‘(2) Of such sums as are appropriated for a fiscal

4 year to carry out this title (other than parts C and E)—

5 ‘‘(A) not more than 5 percent shall be available

6 to carry out part A;

7 ‘‘(B) not less than 80 percent shall be available

8 to carry out part B; and

9 ‘‘(C) not more than 15 percent shall be avail10 able to carry out part D.

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR

12 PART C.—There are authorized to be appropriated to

13 carry out part C such sums as may be necessary for fiscal

14 years 2002, 2003, 2004, and 2005.

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

16 E.—There are authorized to be appropriated to carry out

17 part E, and authorized to remain available until expended,

18 such sums as may be necessary for fiscal years 2002,

19 2003, 2004, and 2005.’’.

20 SEC. 15. ADMINISTRATIVE AUTHORITY.

21 Section 299A of the Juvenile Justice and Delin22 quency Prevention Act of 1974 (42 U.S.C. 5672) is

23 amended—

24 (1) in subsection (d) by striking ‘‘as are con25 sistent with the purpose of this Act’’ and inserting
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1 ‘‘only to the extent necessary to ensure that there is

2 compliance with the specific requirements of this

3 title or to respond to requests for clarification and

4 guidance relating to such compliance’’, and

5 (2) by adding at the end the following:

6 ‘‘(e) If a State requires by law compliance with the

7 requirements described in paragraphs (11), (12), and (13)

8 of section 223(a), then for the period such law is in effect

9 in such State such State shall be rebuttably presumed to

10 satisfy such requirements.’’.

11 SEC. 16. USE OF FUNDS.

12 Section 299C of the Juvenile Justice and Delin13 quency Prevention Act of 1974 (42 U.S.C. 5674) is

14 amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘may be used for’’,

17 (B) in paragraph (1) by inserting ‘‘may be

18 used for’’ after ‘‘(1)’’, and

19 (C) by amending paragraph (2) to read as

20 follows:

21 ‘‘(2) may not be used for the cost of construc22 tion of any facility, except not more than 15 percent

23 of the funds received under this title by a State for

24 a fiscal year may be used for the purpose of ren25 ovating or replacing juvenile facilities.’’,
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1 (2) by striking subsection (b), and

2 (3) by redesignating subsection (c) as sub3 section (b).

4 SEC. 17. LIMITATION ON USE OF FUNDS.

5 Part F of title II of the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

7 as so redesignated by section 12, is amended adding at

8 the end the following:

9 ‘‘SEC. 299F. LIMITATION ON USE OF FUNDS.

10 ‘‘None of the funds made available to carry out this

11 title may be used to advocate for, or support, the unse12 cured release of juveniles who are charged with a violent

13 crime.’’.

14 SEC. 18. RULES OF CONSTRUCTION.

15 Part F of title II of the Juvenile Justice and Delin16 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

17 as so redesignated by section 12 and amended by section

18 17, is amended adding at the end the following:

19 ‘‘SEC. 299G. RULES OF CONSTRUCTION.

20 ‘‘Nothing in this title or title I shall be construed—

21 ‘‘(1) to prevent financial assistance from being

22 awarded through grants under this title to any oth23 erwise eligible organization; or
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1 ‘‘(2) to modify or affect any Federal or State

2 law relating to collective bargaining rights of em3 ployees.’’.

4 SEC. 19. LEASING SURPLUS FEDERAL PROPERTY.

5 Part F of title II of the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

7 as so redesignated by section 12 and amended by sections

8 17 and 18, is amended adding at the end the following:

9 ‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

10 ‘‘The Administrator may receive surplus Federal

11 property (including facilities) and may lease such property

12 to States and units of general local government for use

13 in or as facilities for juvenile offenders, or for use in or

14 as facilities for delinquency prevention and treatment ac15 tivities.’’.

16 SEC. 20. ISSUANCE OF RULES.

17 Part F of title II or the Juvenile Justice and Delin18 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

19 as so redesignated by section 12 and amended by sections

20 17, 18, and 19, is amended adding at the end the fol21 lowing:

22 ‘‘SEC. 299I. ISSUANCE OF RULES.

23 ‘‘The Administrator shall issue rules to carry out this

24 title, including rules that establish procedures and meth-
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1 ods for making grants and contracts, and distributing

2 funds available, to carry out this title.’’.

3 SEC. 21. CONTENT OF MATERIALS.

4 Part F of title II of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

6 as so redesignated by section 12 and amended by sections

7 17, 18, 19, and 20, is amended by adding at the end the

8 following:

9 ‘‘SEC. 299J. CONTENT OF MATERIALS.

10 ‘‘Materials produced, procured, or distributed both

11 using funds appropriated to carry out this Act and for

12 the purpose of preventing hate crimes that result in acts

13 of physical violence, shall not recommend or require any

14 action that abridges or infringes upon the constitutionally

15 protected rights of free speech, religion, or equal protec16 tion of juveniles or of their parents or legal guardians.’’.

17 SEC. 22. TECHNICAL AND CONFORMING AMENDMENTS.

18 (a) TECHNICAL AMENDMENTS.—The Juvenile Jus19 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

20 5601 et seq.) is amended—

21 (1) in section 202(b) by striking ‘‘prescribed for

22 GS–18 of the General Schedule by section 5332’’

23 and inserting ‘‘payable under section 5376’’,

24 (2) in section 221(b)(2) by striking the last

25 sentence,
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1 (3) in section 299D by striking subsection (d),

2 and

3 (4) by striking titles IV and V, as originally en4 acted by Public Law 93–415 (88 Stat. 1132–1143).

5 (b) CONFORMING AMENDMENTS.—(1) Section 5315

6 of title 5 of the United States Code is amended by striking

7 ‘‘Office of Juvenile Justice and Delinquency Prevention’’

8 and inserting ‘‘Office of Juvenile Crime Control and De9 linquency Prevention’’.

10 (2) Section 4351(b) of title 18 of the United States

11 Code is amended by striking ‘‘Office of Juvenile Justice

12 and Delinquency Prevention’’ and inserting ‘‘Office of Ju13 venile Crime Control and Delinquency Prevention’’.

14 (3) Subsections (a)(1) and (c) of section 3220 of title

15 39 of the United States Code is amended by striking ‘‘Of16 fice of Juvenile Justice and Delinquency Prevention’’ each

17 place it appears and inserting ‘‘Office of Juvenile Crime

18 Control and Delinquency Prevention’’.

19 (4) Section 463(f) of the Social Security Act (42

20 U.S.C. 663(f)) is amended by striking ‘‘Office of Juvenile

21 Justice and Delinquency Prevention’’ and inserting ‘‘Of22 fice of Juvenile Crime Control and Delinquency Preven23 tion’’.

24 (5) Sections 801(a), 804, 805, and 813 of title I of

25 the Omnibus Crime Control and Safe Streets Act of 1968
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1 (42 U.S.C. 3712(a), 3782, 3785, 3786, 3789i) are amend2 ed by striking ‘‘Office of Juvenile Justice and Delinquency

3 Prevention’’ each place it appears and inserting ‘‘Office

4 of Juvenile Crime Control and Delinquency Prevention’’.

5 (6) The Victims of Child Abuse Act of 1990 (42

6 U.S.C. 13001 et seq.) is amended—

7 (A) in section 214(b)(1) by striking ‘‘262, 293,

8 and 296 of subpart II of title II’’ and inserting

9 ‘‘299B and 299E’’,

10 (B) in section 214A(c)(1) by striking ‘‘262,

11 293, and 296 of subpart II of title II’’ and inserting

12 ‘‘299B and 299E’’,

13 (C) in section 217(c)(1) by striking ‘‘sections

14 262, 293, and 296 of subpart II of title II’’ and in15 serting ‘‘sections 299B and 299E’’, and

16 (D) in sections 217 and 222 by striking ‘‘Office

17 of Juvenile Justice and Delinquency Prevention’’

18 each place it appears and inserting ‘‘Office of Juve19 nile Crime Control and Delinquency Prevention’’,

20 and

21 (E) in section 223(c) by striking ‘‘section 262,

22 293, and 296’’ and inserting ‘‘sections 262, 299B,

23 and 299E’’.

24 (7) The Missing Children’s Assistance Act (42 U.S.C.

25 5771 et seq.) is amended—
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1 (A) in section 403(2) by striking ‘‘Justice and

2 Delinquency Prevention’’ and inserting ‘‘Crime Con3 trol and Delinquency Prevention’’, and

4 (B) in subsections (a)(5)(E) and (b)(1)(B) of

5 section 404 by striking ‘‘section 313’’ and inserting

6 ‘‘section 331’’.

7 SEC. 23. REFERENCES.

8 In any Federal law (excluding this Act and the Acts

9 amended by this Act), Executive order, rule, regulation,

10 order, delegation of authority, grant, contract, suit, or

11 document—

12 (1) a reference to the Office of Juvenile Justice

13 and Delinquency Prevention shall be deemed to in14 clude a reference to the Office of Juvenile Crime

15 Control and Delinquency Prevention, and

16 (2) a reference to the National Institute for Ju17 venile Justice and Delinquency Prevention shall be

18 deemed to include a reference to Office of Juvenile

19 Crime Control and Delinquency Prevention.

20 SEC. 24. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

21 (a) EFFECTIVE DATE.—Except as provided in sub22 section (b), this Act and the amendments made by this

23 Act shall take effect on the date of the enactment of this

24 Act.
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1 (b) APPLICATION OF AMENDMENTS.—The amend2 ments made by this Act shall apply only with respect to

3 fiscal years beginning after September 30, 2001.

Æ