IIB
107TH CONGRESS
1ST SESSION
H. R. 1900
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 21, 2001
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1900 RFS
the rate of offending by juveniles nationwide is still
too high.
‘‘(2) According to the Office of Juvenile Justice
and Delinquency Prevention, allowing 1 youth to
leave school for a life of crime and of drug abuse
costs society $1,700,000 to $2,300,000 annually.
‘‘(3) One in every 6 individuals (16.2 percent)
arrested for committing violent crime in 1999 was
less than 18 years of age. In 1999, juveniles ac-
counted for 9 percent of murder arrests, 17 percent
of forcible rape arrests, 25 percent of robbery arrest,
14 percent of aggravated assault arrests, and 24
percent of weapons arrests.
‘‘(4) More than 1⁄2 of juvenile murder victims
are killed with firearms. Of the nearly 1,800 murder
victims less than 18 years of age, 17 percent of the
victims less than 13 years of age were murdered
with a firearm, and 81 percent of the victims 13
years of age or older were killed with a firearm.
‘‘(5) Juveniles accounted for 13 percent of all
drug abuse violation arrests in 1999. Between 1990
and 1999, juvenile arrests for drug abuse violations
rose 132 percent.
‘‘(6) Over the last 3 decades, youth gang prob-
lems have increased nationwide. In the 1970’s, 19
HR 1900 RFS
States reported youth gang problems. By the late
1990’s, all 50 States and the District of Columbia
reported gang problems. For the same period, the
number of cities reporting youth gang problems grew
843 percent, and the number of counties reporting
gang problems increased more than 1,000 percent.
‘‘(7) According to a national crime survey of in-
dividuals 12 years of age or older during 1999, those
12 to 19 years old are victims of violent crime at
higher rates than individuals in all other age groups.
Only 30.8 percent of these violent victimizations
were reported by youth to police in 1999.
‘‘(8) One-fifth of juveniles 16 years of age who
had been arrested were first arrested before attain-
ing 12 years of age. Juveniles who are known to the
juvenile justice system before attaining 13 years of
age are responsible for a disproportionate share of
serious crimes and violence.
‘‘(9) The increase in the arrest rates for girls
and young juvenile offenders has changed the com-
position of violent offenders entering the juvenile
justice system.
‘‘(10) These problems should be addressed
through a 2-track common sense approach that ad-
HR 1900 RFS
dresses the needs of individual juveniles and society
at large by promoting—
‘‘(A) quality prevention programs that—
‘‘(i) work with juveniles, their fami-
lies, local public agencies, and community-
based organizations, and take into consid-
eration such factors as whether or not ju-
veniles have been the victims of family vio-
lence (including child abuse and neglect);
and
‘‘(ii) are designed to reduce risks and
develop competencies in at-risk juveniles
that will prevent, and reduce the rate of,
violent delinquent behavior; and
‘‘(B) programs that assist in holding juve-
niles accountable for their actions and in devel-
oping the competencies necessary to become re-
sponsible and productive members of their com-
munities, including a system of graduated sanc-
tions to respond to each delinquent act, requir-
ing juveniles to make restitution, or perform
community service, for the damage caused by
their delinquent acts, and methods for increas-
ing victim satisfaction with respect to the pen-
alties imposed on juveniles for their acts.
HR 1900 RFS
‘‘(11) Coordinated juvenile justice and delin-
quency prevention projects that meet the needs of
juveniles through the collaboration of the many local
service systems juveniles encounter can help prevent
juveniles from becoming delinquent and help delin-
quent youth return to a productive life.
‘‘(b) Congress must act now to reform this program
by focusing on juvenile delinquency prevention programs,
as well as programs that hold juveniles accountable for
their acts and which provide opportunities for competency
development. Without true reform, the juvenile justice sys-
tem will not be able to overcome the challenges it will face
in the coming years when the number of juveniles is ex-
pected to increase by 18 percent between 2000 and
2030.’’.
SEC. 3. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended to
read as follows:
‘‘PURPOSES
‘‘SEC. 102. The purposes of this title and title II
are—
‘‘(1) to support State and local programs that
prevent juvenile involvement in delinquent behavior;
HR 1900 RFS
‘‘(2) to assist State and local governments in
promoting public safety by encouraging account-
ability for acts of juvenile delinquency; and
‘‘(3) to assist State and local governments in
addressing juvenile crime through the provision of
technical assistance, research, training, evaluation,
and the dissemination of information on effective
programs for combating juvenile delinquency.’’.
SEC. 4. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (3) by striking ‘‘to help pre-
vent juvenile delinquency’’ and inserting ‘‘designed
to reduce known risk factors for juvenile delinquent
behavior, provides activities that build on protective
factors for, and develop competencies in, juveniles to
prevent, and reduce the rate of, delinquent juvenile
behavior’’,
(2) in paragraph (4) by inserting ‘‘title I of’’
before ‘‘the Omnibus’’ each place it appears,
(3) in paragraph (7) by striking ‘‘the Trust
Territory of the Pacific Islands,’’,
(4) in paragraph (12)(B) by striking ‘‘, of any
nonoffender,’’,
HR 1900 RFS
(5) in paragraph (13)(B) by striking ‘‘, any
nonoffender,’’,
(6) in paragraph (14) by inserting ‘‘drug traf-
ficking,’’ after ‘‘assault,’’,
(7) in paragraph (16)—
(A) in subparagraph (A) by adding ‘‘and’’
at the end, and
(B) by striking subparagraph (C),
(8) in paragraph (22)—
(A) by redesignating subparagraphs (i),
(ii), and (iii) as subparagraphs (A), (B), and
(C), respectively, and
(B) by striking ‘‘and’’ at the end,
(9) in paragraph (23) by striking the period at
the end and inserting a semicolon, and
(10) by adding at the end the following:
‘‘(24) the term ‘graduated sanctions’ means an
accountability-based, graduated series of sanctions
(including incentives, treatment, and services) appli-
cable to juveniles within the juvenile justice system
to hold such juveniles accountable for their actions
and to protect communities from the effects of juve-
nile delinquency by providing appropriate sanctions
for every act for which a juvenile is adjudicated de-
linquent, by inducing their law-abiding behavior, and
HR 1900 RFS
by preventing their subsequent involvement with the
juvenile justice system;
‘‘(25) the term ‘prohibited physical contact’
means—
‘‘(i) any physical contact between a
juvenile and an adult inmate; and
‘‘(ii) proximity that provides an op-
portunity for physical contact between a
juvenile and an adult inmate;
‘‘(26) the term ‘sustained oral and visual con-
tact’ means the imparting or interchange of speech
by or between an adult inmate and a juvenile, or
clear visual contact between an adult inmate and a
juvenile in close proximity, but does not include—
‘‘(A) brief communication or brief visual
contact that is accidental or incidental; or
‘‘(B) sounds or noises that cannot reason-
ably be considered to be speech;
‘‘(27) the term ‘adult inmate’ means an indi-
vidual who—
‘‘(A) has reached the age of full crimi-
nal responsibility under applicable State
law; and
‘‘(B) has been arrested and is in cus-
tody for or awaiting trial on a criminal
HR 1900 RFS
charge, or is convicted of a criminal of-
fense;
‘‘(28) the term ‘violent crime’ means—
‘‘(A) 
murder 
or 
nonnegligent 
man-
slaughter, forcible rape, or robbery, or
‘‘(B) aggravated assault committed with
the use of a firearm;
‘‘(29) the term ‘collocated facilities’ means fa-
cilities that are located in the same building, or are
part of a related complex of buildings located on the
same grounds; and
‘‘(30) the term ‘related complex of buildings’
means 2 or more buildings that share—
‘‘(A) physical features, such as walls and
fences, or services beyond mechanical services
(heating, air conditioning, water and sewer); or
‘‘(B) the specialized services that are al-
lowable under section 31.303(e)(3)(i)(C)(3) of
title 28 of the Code of Federal Regulations, as
in effect on December 10, 1996.’’.
SEC. 5. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended—
(1) in subsection (b)—
HR 1900 RFS
(A) in paragraph (3) by striking ‘‘and of
the prospective’’ and all that follows through
‘‘administered’’,
(B) in paragraph (5) by striking ‘‘parts C
and D’’ each place it appears and inserting
‘‘parts D and E’’, and
(C) by amending paragraph (7) to read as
follows:
‘‘(7) not later than 1 year after the date of the
enactment of this paragraph, issue model standards
for providing mental health care to incarcerated ju-
veniles.’’,
(2) in subsection (c) by striking ‘‘and reports’’
and all that follows through ‘‘this part’’, and insert-
ing ‘‘as may be appropriate to prevent the duplica-
tion of efforts, and to coordinate activities, related to
the prevention of juvenile delinquency’’,
(3) by striking subsection (i), and
(4) by redesignating subsection (h) as sub-
section (f).
SEC. 6. COORDINATING COUNCIL ON JUVENILE JUSTICE
AND DELINQUENCY PREVENTION.
Section 206(c)(2)(B) of the Juvenile Justice and De-
linquency 
Prevention 
Act 
of 
1974 
(42 
U.S.C.
HR 1900 RFS
5616(c)(2)(B)) is amended by striking ‘‘Education and
Labor’’ and inserting ‘‘Education and the Workforce’’.
SEC. 7. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended by
striking paragraphs (4) and (5), and inserting the fol-
lowing:
‘‘(4) An evaluation of the programs funded
under this title and their effectiveness in reducing
the incidence of juvenile delinquency, particularly
violent crime, committed by juveniles.’’.
SEC. 8. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘(other than parts
D and E)’’,
(II) by striking ‘‘amount, up to
$400,000,’’ and inserting ‘‘amount up
to $400,000’’,
(III) by striking ‘‘1992’’ the 1st
place 
it 
appears 
and 
inserting
‘‘2000,’’,
HR 1900 RFS
(IV) by striking ‘‘1992’’ the last
place it appears and inserting ‘‘2000’’,
(V) by striking ‘‘the Trust Terri-
tory of the Pacific Islands,’’, and
(VI) by striking ‘‘amount, up to
$100,000,’’ and inserting ‘‘amount up
to $100,000’’,
(ii) in subparagraph (B)—
(I) by striking ‘‘(other than part
D)’’,
(II) by striking ‘‘$400,000’’ and
inserting ‘‘$600,000’’,
(III) by striking ‘‘or such greater
amount, up to $600,000’’ and all that
follows through ‘‘section 299(a) (1)
and (3)’’,
(IV) by striking ‘‘the Trust Ter-
ritory of the Pacific Islands,’’,
(V) by striking ‘‘amount, up to
$100,000,’’ and inserting ‘‘amount up
to $100,000’’, and
(VI) by striking ‘‘1992’’ and in-
serting ‘‘2000,’’,
(B) in paragraph (3)—
HR 1900 RFS
(i) by striking ‘‘allot’’ and inserting
‘‘allocate’’, and
(ii) by striking ‘‘1992’’ each place it
appears and inserting ‘‘2000’’, and
(2) in subsection (b) by striking ‘‘the Trust
Territory of the Pacific Islands,’’.
SEC. 9. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended—
(1) in subsection (a)—
(A) in the 2d sentence by striking ‘‘and
challenge’’ and all that follows through ‘‘part
E’’, and inserting ‘‘, projects, and activities’’,
(B) in paragraph (3)—
(i) by striking ‘‘, which—’’ and insert-
ing ‘‘that—’’,
(ii) in subparagraph (A)—
(I) by striking ‘‘not less’’ and all
that follows through ‘‘33’’, and insert-
ing ‘‘the attorney general of the State
or such other State official who has
primary responsibility for overseeing
the enforcement of State criminal
laws, and’’,
HR 1900 RFS
(II) by inserting ‘‘, in consulta-
tion with the attorney general of the
State or such other State official who
has primary responsibility for over-
seeing the enforcement of State crimi-
nal laws’’ after ‘‘State’’,
(III) in clause (i) by striking ‘‘or
the administration of juvenile justice’’
and inserting ‘‘, the administration of
juvenile justice, or the reduction of ju-
venile delinquency’’,
(IV) in clause (ii) by striking ‘‘in-
clude—’’ and all that follows through
the semicolon at the end of subclause
(VIII), and inserting the following:
‘‘represent a multidisciplinary approach to
addressing juvenile delinquency and may
include—
‘‘(I) individuals who represent
units of general local government, law
enforcement and juvenile justice agen-
cies, public agencies concerned with
the prevention and treatment of juve-
nile delinquency and with the adju-
dication of juveniles, juveniles, or non-
HR 1900 RFS
profit private organizations, particu-
larly such organizations that serve ju-
veniles; and
‘‘(II) such other individuals as
the chief executive officer considers to
be appropriate; and’’, and
(V) by striking clauses (iv) and
(v),
(iii) in subparagraph (D)—
(I) in clause (i) by inserting
‘‘and’’ at the end,
(II) in clause (ii) by striking
‘‘paragraphs’’ and all that follows
through ‘‘part E’’, and inserting
‘‘paragraphs (11), (12), and (13)’’,
and
(III) by striking clause (iii), and
(iv) in subparagraph (E) by striking
‘‘title—’’ and all that follows through
‘‘(ii)’’ and inserting ‘‘title,’’,
(C) in paragraph (5)—
(i) in the matter preceding subpara-
graph (A) by striking ‘‘, other than’’ and
inserting ‘‘reduced by the percentage (if
any) specified by the State under the au-
HR 1900 RFS
thority of paragraph (25) and excluding’’,
and
(ii) in subparagraph (C) by striking
‘‘paragraphs (12)(A), (13), and (14)’’ and
inserting ‘‘paragraphs (11), (12), and
(13)’’,
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ‘‘, in-
cluding in rural areas’’ before the semicolon at
the end,
(F) in paragraph (8)—
(i) in subparagraph (A)—
(I) by striking ‘‘for (i)’’ and all
that follows through ‘‘relevant juris-
diction’’, and inserting ‘‘for an anal-
ysis of juvenile delinquency problems
in, and the juvenile delinquency con-
trol and delinquency prevention needs
(including educational needs) of, the
State’’, and
(II) by striking ‘‘of the jurisdic-
tion; (ii)’’ and all that follows through
the semicolon at the end, and insert-
ing ‘‘of the State; and’’,
HR 1900 RFS
(ii) by amending subparagraph (B) to
read as follows:
‘‘(B) contain—
‘‘(i) a plan for providing needed gender-
specific services for the prevention and treat-
ment of juvenile delinquency;
‘‘(ii) a plan for providing needed services
for the prevention and treatment of juvenile de-
linquency in rural areas; and
‘‘(iii) a plan for providing needed mental
health services to juveniles in the juvenile jus-
tice system, including information on how such
plan is being implemented and how such serv-
ices will be targeted to those juveniles in such
system who are in greatest need of such serv-
ices;’’, and
(iii) by striking subparagraphs (C)
and (D),
(G) by amending paragraph (9) to read as
follows:
‘‘(9) provide for the coordination and maximum
utilization of existing juvenile delinquency programs,
programs operated by public and private agencies
and organizations, and other related programs (such
HR 1900 RFS
as education, special education, recreation, health,
and welfare programs) in the State;’’,
(H) in paragraph (10)—
(i) in subparagraph (A)—
(I) by striking ‘‘, specifically’’
and inserting ‘‘including’’,
(II) by striking clause (i), and
(III) redesignating clauses (ii)
and (iii) as clauses (i) and (ii), respec-
tively,
(ii) by amending subparagraph (D) to
read as follows:
‘‘(D) programs that provide treatment to
juvenile offenders who are victims of child
abuse or neglect, and to their families, in order
to reduce the likelihood that such juvenile of-
fenders will commit subsequent violations of
law;’’,
(iii) in subparagraph (E)—
(I) by redesignating clause (ii) as
clause (iii), and
(II) by striking ‘‘juveniles, pro-
vided’’ and all that follows through
‘‘provides; and’’, and inserting the fol-
lowing:
HR 1900 RFS
‘‘juveniles—
‘‘(i) to encourage juveniles to remain
in elementary and secondary schools or in
alternative learning situations;
‘‘(ii) to provide services to assist juve-
niles in making the transition to the world
of work and self-sufficiency; and’’,
(iv) by amending subparagraph (F) to
read as follows:
‘‘(F) expanding the use of probation
officers—
‘‘(i) particularly for the purpose of
permitting nonviolent juvenile offenders
(including status offenders) to remain at
home with their families as an alternative
to incarceration or institutionalization; and
‘‘(ii) to ensure that juveniles follow
the terms of their probation;’’,
(v) by amending subparagraph (G) to
read as follows:
‘‘(G) one-on-one mentoring programs that
are designed to link at-risk juveniles and juve-
nile offenders, particularly juveniles residing in
high-crime areas and juveniles experiencing
educational failure, with responsible adults
HR 1900 RFS
(such as law enforcement officers, Department
of Defense personnel, adults working with local
businesses, and adults working with commu-
nity-based organizations and agencies) who are
properly screened and trained;’’,
(vii) in subparagraph (H) by striking
‘‘handicapped youth’’ and inserting ‘‘juve-
niles with disabilities’’,
(viii) by striking subparagraph (K),
(ix) in subparagraph (L)—
(I) in clause (iv) by adding
‘‘and’’ at the end,
(II) in clause (v) by striking
‘‘and’’ at the end, and
(III) by striking clause (vi),
(x) in subparagraph (M) by striking
‘‘boot camps’’,
(xi) by amending subparagraph (N) to
read as follows:
‘‘(N) community-based programs and serv-
ices to work with juveniles, their parents, and
other family members during and after incar-
ceration in order to strengthen families so that
such juveniles may be retained in their homes;’’,
(xii) in subparagraph (O)—
HR 1900 RFS
(I) in striking ‘‘cultural’’ and in-
serting ‘‘other’’, and
(II) by striking the period at the
end and inserting a semicolon,
(xiii) by redesignating subparagraphs
(L), (M), (N), and (O) as subparagraphs
(K), (L), (M), and (N), respectively; and
(xiv) by adding at the end the fol-
lowing:
‘‘(O) programs designed to prevent and to
reduce hate crimes committed by juveniles;
‘‘(P) after-school programs that provide at-
risk juveniles and juveniles in the juvenile jus-
tice system with a range of age-appropriate ac-
tivities, including tutoring, mentoring, and
other educational and enrichment activities;
‘‘(Q) community-based programs that pro-
vide follow-up post-placement services to adju-
dicated juveniles, to promote successful re-
integration into the community;
‘‘(R) projects designed to develop and im-
plement programs to protect the rights of juve-
niles affected by the juvenile justice system; and
‘‘(S) programs designed to provide mental
health services for incarcerated juveniles sus-
HR 1900 RFS
pected to be in need of such services, including
assessment, development of individualized treat-
ment plans, and discharge plans.’’,
(I) by amending paragraph (12) to read as
follows:
‘‘(12) shall, in accordance with rules issued by
the Administrator, provide that—
‘‘(A) juveniles who are charged with or
who have committed an offense that would not
be 
criminal 
if 
committed 
by 
an 
adult,
excluding—
‘‘(i) juveniles who are charged with or
who have committed a violation of section
922(x)(2) of title 18, United States Code,
or of a similar State law;
‘‘(ii) juveniles who are charged with or
who have committed a violation of a valid
court order; and
‘‘(iii) juveniles who are held in accord-
ance with the Interstate Compact on Juve-
niles as enacted by the State;
shall not be placed in secure detention facilities
or secure correctional facilities; and
‘‘(B) juveniles—
HR 1900 RFS
‘‘(i) who are not charged with any of-
fense; and
‘‘(ii) who are—
‘‘(I) aliens; or
‘‘(II) alleged to be dependent, ne-
glected, or abused;
shall not be placed in secure detention facilities
or secure correctional facilities;’’,
(J) by amending paragraph (13) to read as
follows:
‘‘(13) provide that—
‘‘(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of
paragraph (11) will not be detained or confined
in any institution in which they have prohibited
physical contact or sustained oral and visual
contact with adult inmates; and
‘‘(B) there is in effect in the State a policy
that requires individuals who work with both
such juveniles and such adult inmates, includ-
ing in collocated facilities, have been trained
and certified to work with juveniles;’’,
(K) by amending paragraph (14) to read
as follows:
HR 1900 RFS
‘‘(14) provide that no juvenile will be detained
or confined in any jail or lockup for adults except—
‘‘(A) juveniles who are accused of non-
status offenses and who are detained in such
jail or lockup for a period not to exceed 6
hours—
‘‘(i) for processing or release;
‘‘(ii) while awaiting transfer to a juve-
nile facility; or
‘‘(iii) in which period such juveniles
make a court appearance;
and only if such juveniles do not have prohib-
ited physical contact or sustained oral and vis-
ual contact with adults inmates and only if
there is in effect in the State a policy that re-
quires individuals who work with both such ju-
veniles and adult inmates in collocated facilities
have been trained and certified to work with ju-
veniles;
‘‘(B) juveniles who are accused of non-
status offenses, who are awaiting an initial
court appearance that will occur within 48
hours after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and
who are detained in a jail or lockup—
HR 1900 RFS
‘‘(i) in which—
‘‘(I) such juveniles do not have
prohibited physical contact or sus-
tained oral and visual contact with
adults inmates; and
‘‘(II) there is in effect in the
State a policy that requires individ-
uals who work with both such juve-
niles and adults inmates in collocated
facilities have been trained and cer-
tified to work with juveniles; and
‘‘(ii) that—
‘‘(I) is located outside a metro-
politan statistical area (as defined by
the Office of Management and Budg-
et) and has no existing acceptable al-
ternative placement available;
‘‘(II) is located where conditions
of distance to be traveled or the lack
of highway, road, or transportation do
not allow for court appearances within
48 hours (excluding Saturdays, Sun-
days, and legal holidays) so that a
brief (not to exceed an additional 48
hours) delay is excusable; or
HR 1900 RFS
‘‘(III) is located where conditions
of safety exist (such as severe adverse,
life-threatening 
weather 
conditions
that do not allow for reasonably safe
travel), in which case the time for an
appearance may be delayed until 24
hours after the time that such condi-
tions allow for reasonable safe travel;
‘‘(C) juveniles who are accused of non-
status offenses and who are detained not to ex-
ceed 20 days in a jail or lockup that satisfies
the requirements of subparagraph (B)(i) if—
‘‘(i) such jail or lockup—
‘‘(I) is located outside a metro-
politan statistical area (as defined by
the Office of Management and Budg-
et); and
‘‘(II) has no existing acceptable
alternative placement available;
‘‘(ii) a parent or other legal guardian
(or guardian ad litem) of the juvenile in-
volved, in consultation with the counsel
representing the juvenile, consents to de-
taining such juvenile in accordance with
HR 1900 RFS
this subparagraph and has the right to re-
voke such consent at any time;
‘‘(iii) the juvenile has counsel, and the
counsel representing such juvenile—
‘‘(I) consults with the parents of
the juvenile to determine the appro-
priate placement of the juvenile; and
‘‘(II) has an opportunity to
present the juvenile’s position regard-
ing the detention involved to the court
before the court approves such deten-
tion;
‘‘(iv) the court hears from the juvenile
before court approval of such placement;
and
‘‘(v) detaining such juvenile in accord-
ance with this subparagraph is—
‘‘(I) approved in advance by a
court with competent jurisdiction that
has determined that such placement is
in the best interest of such juvenile;
and
‘‘(II) required to be reviewed pe-
riodically and in the presence of the
juvenile, at intervals of not more than
HR 1900 RFS
5 days (excluding Saturdays, Sun-
days, and legal holidays), by such
court for the duration of detention;’’,
(L) in paragraph (15)—
(i) by striking ‘‘paragraph (12)(A),
paragraph (13), and paragraph (14)’’ and
inserting ‘‘paragraphs (11), (12), and
(13)’’, and
(ii) by striking ‘‘paragraph (12)(A)
and paragraph (13)’’ and inserting ‘‘para-
graphs (11) and (12)’’,
(M) in paragraph (16) by striking ‘‘men-
tally, emotionally, or physically handicapping
conditions’’ and inserting ‘‘disability’’,
(N) by amending paragraph (19) to read
as follows:
‘‘(19) provide assurances that—
‘‘(A) any assistance provided under this
Act will not cause the displacement (including
a partial displacement, such as a reduction in
the hours of nonovertime work, wages, or em-
ployment benefits) of any currently employed
employee;
‘‘(B) activities assisted under this Act will
not impair an existing collective bargaining re-
HR 1900 RFS
lationship, contract for services, or collective
bargaining agreement; and
‘‘(C) no such activity that would be incon-
sistent with the terms of a collective bargaining
agreement shall be undertaken without the
written concurrence of the labor organization
involved;’’,
(O) by amending paragraph (22) to read
as follows:
‘‘(22) provide that the State agency designated
under paragraph (1) will—
‘‘(A) to the extent practicable give priority
in funding to programs and activities that are
based on rigorous, systematic, and objective re-
search that is scientifically based;
‘‘(B) from time to time, but not less than
annually, review its plan and submit to the Ad-
ministrator an analysis and evaluation of the ef-
fectiveness of the programs and activities car-
ried out under the plan, and any modifications
in the plan, including the survey of State and
local needs, that it considers necessary; and
‘‘(C) not expend funds to carry out a pro-
gram if the recipient of funds who carried out
such program during the preceding 2-year pe-
HR 1900 RFS
riod fails to demonstrate, before the expiration
of such 2-year period, that such program
achieved substantial success in achieving the
goals specified in the application submitted by
such recipient to the State agency;’’,
(P) by amending paragraph (23) to read
as follows:
‘‘(23) address juvenile delinquency prevention
efforts and system improvement efforts designed to
reduce, without establishing or requiring numerical
standards or quotas, the disproportionate number of
juvenile members of minority groups, who come into
contact with the juvenile justice system;’’,
(Q) by amending paragraph (24) to read
as follows:
‘‘(24) provide that if a juvenile is taken into
custody for violating a valid court order issued for
committing a status offense—
‘‘(A) an appropriate public agency shall be
promptly notified that such juvenile is held in
custody for violating such order;
‘‘(B) not later than 24 hours during which
such juvenile is so held, an authorized rep-
resentative of such agency shall interview, in
person, such juvenile; and
HR 1900 RFS
‘‘(C) not later than 48 hours during which
such juvenile is so held—
‘‘(i) such representative shall submit
an assessment to the court that issued
such order, regarding the immediate needs
of such juvenile; and
‘‘(ii) such court shall conduct a hear-
ing to determine—
‘‘(I) whether there is reasonable
cause to believe that such juvenile vio-
lated such order; and
‘‘(II) the appropriate placement
of such juvenile pending disposition of
the violation alleged;’’,
(R) in paragraph (25)—
(i) by striking ‘‘1992’’ and inserting
‘‘2000’’, and
(ii) by striking the period at the end
and inserting a semicolon,
(S) 
by 
redesignating 
paragraphs 
(7)
through (25) as paragraphs (6) through (24),
respectively, and
(T) by adding at the end the following:
‘‘(25) specify a percentage (if any), not to ex-
ceed 5 percent, of funds received by the State under
HR 1900 RFS
section 222 (other than funds made available to the
State advisory group under section 222(d)) that the
State will reserve for expenditure by the State to
provide incentive grants to units of general local gov-
ernment that reduce the caseload of probation offi-
cers within such units;
‘‘(26) provide that the State, to the maximum
extent practicable, will implement a system to ensure
that if a juvenile is before a court in the juvenile jus-
tice system, public child welfare records (including
child protective services records) relating to such ju-
venile that are on file in the geographical area under
the jurisdiction of such court will be made known to
such court;
‘‘(27) establish policies and systems to incor-
porate relevant child protective services records into
juvenile justice records for purposes of establishing
and implementing treatment plans for juvenile of-
fenders; and
‘‘(28) provide assurances that juvenile offenders
whose placement is funded through section 472 of
the Social Security Act (42 U.S.C. 672) receive the
protections specified in section 471 of such Act (42
U.S.C. 671), including a case plan and case plan re-
HR 1900 RFS
view as defined in section 475 of such Act (42
U.S.C. 675).’’,
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) If a State fails to comply with any of the applica-
ble requirements of paragraphs (11), (12), (13), and (22)
of subsection (a) in any fiscal year beginning after Sep-
tember 30, 2001, then—
‘‘(1) subject to paragraph (2), the amount allo-
cated to such State under section 222 for the subse-
quent fiscal year shall be reduced by not less than
12.5 percent for each such paragraph with respect
to which the failure occurs, and
‘‘(2) the State shall be ineligible to receive any
allocation under such section for such fiscal year
unless—
‘‘(A) the State agrees to expend 50 percent
of the amount allocated to the State for such
fiscal year to achieve compliance with any such
paragraph with respect to which the State is in
noncompliance; or
‘‘(B) the Administrator determines that
the State—
‘‘(i) has achieved substantial compli-
ance with such applicable requirements
HR 1900 RFS
with respect to which the State was not in
compliance; and
‘‘(ii) has made, through appropriate
executive or legislative action, an unequivo-
cal commitment to achieving full compli-
ance with such applicable requirements
within a reasonable time.’’,
(3) in subsection (d)—
(A) by striking ‘‘allotment’’ and inserting
‘‘allocation’’, and
(B) by striking ‘‘subsection (a) (12)(A),
(13), (14) and (23)’’ each place it appears and
inserting ‘‘paragraphs (11), (12), (13), and
(22) of subsection (a)’’, and
(4) by adding at the end the following:
‘‘(e) Notwithstanding any other provision of law,
the Administrator shall establish appropriate administra-
tive and supervisory board membership requirements for
a State agency designated under subsection (a)(1) and
permit the State advisory group appointed under sub-
section (a)(3) to operate as the supervisory board for
such agency, at the discretion of the chief executive offi-
cer of the State.’’.
HR 1900 RFS
SEC. 10. JUVENILE DELINQUENCY PREVENTION BLOCK
GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is
amended—
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2d part I as part F,
and
(4) by inserting after part B the following:
‘‘PART C—JUVENILE DELINQUENCY PREVENTION
BLOCK GRANT PROGRAM
‘‘SEC. 241. AUTHORITY TO MAKE GRANTS.
‘‘(a) GRANTS TO ELIGIBLE STATES.—The Adminis-
trator may make grants to eligible States, from funds allo-
cated under section 242, for the purpose of providing fi-
nancial assistance to eligible entities to carry out projects
designed to prevent juvenile delinquency, including—
‘‘(1) projects that provide treatment (including
treatment for mental health problems) to juvenile of-
fenders, and juveniles who are at risk of becoming
juvenile offenders, who are victims of child abuse or
neglect or who have experienced violence in their
homes, at school, or in the community, and to their
families, in order to reduce the likelihood that such
juveniles will commit violations of law;
HR 1900 RFS
‘‘(2) educational projects or supportive services
for delinquent or other juveniles—
‘‘(A) to encourage juveniles to remain in
elementary and secondary schools or in alter-
native learning situations in educational set-
tings;
‘‘(B) to provide services to assist juveniles
in making the transition to the world of work
and self-sufficiency;
‘‘(C) to assist in identifying learning dif-
ficulties (including learning disabilities);
‘‘(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
‘‘(E) to encourage new approaches and
techniques with respect to the prevention of
school violence and vandalism;
‘‘(F) which assist law enforcement per-
sonnel and juvenile justice personnel to more ef-
fectively recognize and provide for learning-dis-
abled and other juveniles with disabilities;
‘‘(G) which develop locally coordinated
policies and programs among education, juve-
nile justice, and social service agencies; or
HR 1900 RFS
‘‘(H) to provide services to juveniles with
serious mental and emotional disturbances
(SED) in need of mental health services;
‘‘(3) projects which expand the use of probation
officers—
‘‘(A) particularly for the purpose of per-
mitting nonviolent juvenile offenders (including
status offenders) to remain at home with their
families as an alternative to incarceration or in-
stitutionalization; and
‘‘(B) to ensure that juveniles follow the
terms of their probation;
‘‘(4) one-on-one mentoring projects that are de-
signed to link at-risk juveniles and juvenile offenders
who did not commit serious crime, particularly juve-
niles residing in high-crime areas and juveniles expe-
riencing educational failure, with responsible adults
(such as law enforcement officers, adults working
with local businesses, and adults working for com-
munity-based organizations and agencies) who are
properly screened and trained;
‘‘(5) community-based projects and services (in-
cluding literacy and social service programs) which
work with juvenile offenders and juveniles who are
at risk of becoming juvenile offenders, including
HR 1900 RFS
those from families with limited English-speaking
proficiency, their parents, their siblings, and other
family members during and after incarceration of
the juvenile offenders, in order to strengthen fami-
lies, to allow juvenile offenders to be retained in
their homes, and to prevent the involvement of other
juvenile family members in delinquent activities;
‘‘(6) projects designed to provide for the treat-
ment (including mental health services) of juveniles
for dependence on or abuse of alcohol, drugs, or
other harmful substances;
‘‘(7) projects which leverage funds to provide
scholarships for postsecondary education and train-
ing for low-income juveniles who reside in neighbor-
hoods with high rates of poverty, violence, and drug-
related crimes;
‘‘(8) projects which provide for an initial intake
screening of each juvenile taken into custody—
‘‘(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
‘‘(B) to provide appropriate interventions
(including mental health services) to prevent
such juvenile from committing subsequent of-
fenses;
HR 1900 RFS
‘‘(9) projects (including school- or community-
based projects) that are designed to prevent, and re-
duce the rate of, the participation of juveniles in
gangs that commit crimes (particularly violent
crimes), that unlawfully use firearms and other
weapons, or that unlawfully traffic in drugs and that
involve, to the extent practicable, families and other
community members (including law enforcement per-
sonnel and members of the business community) in
the activities conducted under such projects;
‘‘(10) comprehensive juvenile justice and delin-
quency prevention projects that meet the needs of
juveniles through the collaboration of the many local
service 
systems 
juveniles 
encounter, 
including
schools, courts, law enforcement agencies, child pro-
tection agencies, mental health agencies, welfare
services, health care agencies (including collabora-
tion on appropriate prenatal care for pregnant juve-
nile offenders), private nonprofit agencies, and pub-
lic recreation agencies offering services to juveniles;
‘‘(11) to develop, implement, and support, in
conjunction with public and private agencies, organi-
zations, and businesses, projects for the employment
of juveniles and referral to job training programs
HR 1900 RFS
(including referral to Federal job training pro-
grams);
‘‘(12) delinquency prevention activities which
involve youth clubs, sports, recreation and parks,
peer counseling and teaching, the arts, leadership
development, community service, volunteer service,
before- and after-school programs, violence preven-
tion activities, mediation skills training, camping,
environmental education, ethnic or cultural enrich-
ment, tutoring, and academic enrichment;
‘‘(13) to establish policies and systems to incor-
porate relevant child protective services records into
juvenile justice records for purposes of establishing
treatment plans for juvenile offenders;
‘‘(14) programs that encourage social com-
petencies, problem-solving skills, and communication
skills, youth leadership, and civic involvement;
‘‘(15) programs that focus on the needs of
young girls at-risk of delinquency or status offenses;
‘‘(16) projects which provide for—
‘‘(A) an assessment by a qualified mental
health professional of incarcerated juveniles
who are suspected to be in need of mental
health services;
HR 1900 RFS
‘‘(B) the development of an individualized
treatment plan for those incarcerated juveniles
determined to be in need of such services;
‘‘(C) the inclusion of a discharge plan for
incarcerated juveniles receiving mental health
services that addresses aftercare services; and
‘‘(D) all juveniles receiving psychotropic
medications to be under the care of a licensed
mental health professional;
‘‘(17) after-school programs that provide at-risk
juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including
tutoring, mentoring, and other educational and en-
richment activities;
‘‘(18) programs related to the establishment
and maintenance of a school violence hotline, based
on a public-private partnership, that students and
parents can use to report suspicious, violent, or
threatening behavior to local school and law enforce-
ment authorities;
‘‘(19) programs (excluding programs to pur-
chase guns from juveniles) designed to reduce the
unlawful acquisition and illegal use of guns by juve-
niles, including partnerships between law enforce-
ment agencies, health professionals, school officials,
HR 1900 RFS
firearms manufacturers, consumer groups, faith-
based groups and community organizations;
‘‘(20) programs designed to prevent animal cru-
elty by juveniles and to counsel juveniles who com-
mit animal cruelty offenses, including partnerships
among law enforcement agencies, animal control of-
ficers, social services agencies, and school officials;
‘‘(21) programs that provide suicide prevention
services for incarcerated juveniles and for juveniles
leaving the incarceration system;
‘‘(22) programs to establish partnerships be-
tween State educational agencies and local edu-
cational agencies for the design and implementation
of character education and training programs that
reflect the values of parents, teachers, and local
communities, and incorporate elements of good char-
acter, including honesty, citizenship, courage, jus-
tice, respect, personal responsibility, and trust-
worthiness;
‘‘(23) programs that foster strong character de-
velopment in at-risk juveniles and juveniles in the
juvenile justice system;
‘‘(24) local programs that provide for imme-
diate psychological evaluation and follow-up treat-
ment (including evaluation and treatment during a
HR 1900 RFS
mandatory holding period for not less than 24
hours) for juveniles who bring a gun on school
grounds without permission from appropriate school
authorities; and
‘‘(25) other activities that are likely to prevent
juvenile delinquency.
‘‘(b) GRANTS TO ELIGIBLE INDIAN TRIBES.—The
Administrator may make grants to eligible Indian tribes
from funds allocated under section 242(b), to carry out
projects of the kinds described in subsection (a).
‘‘SEC. 242. ALLOCATION.
‘‘(a) ALLOCATION AMONG ELIGIBLE STATES.—Sub-
ject to subsection (b), funds appropriated to carry out this
part shall be allocated among eligible States proportion-
ately based on the population that is less than 18 years
of age in the eligible States.
‘‘(b) ALLOCATION AMONG INDIAN TRIBES COLLEC-
TIVELY.—Before allocating funds under subsection (a)
among eligible States, the Administrator shall allocate
among eligible Indian tribes as determined under section
246(a), an aggregate amount equal to the amount such
tribes would be allocated under subsection (a), and with-
out regard to this subsection, if such tribes were treated
collectively as an eligible State.
HR 1900 RFS
‘‘SEC. 243. ELIGIBILITY OF STATES.
‘‘(a) APPLICATION.—To be eligible to receive a grant
under section 241, a State shall submit to the Adminis-
trator an application that contains the following:
‘‘(1) An assurance that the State will use—
‘‘(A) not more than 5 percent of such
grant, in the aggregate, for—
‘‘(i) the costs incurred by the State to
carry out this part; and
‘‘(ii) to evaluate, and provide technical
assistance relating to, projects and activi-
ties carried out with funds provided under
this part; and
‘‘(B) the remainder of such grant to make
grants under section 244.
‘‘(2) An assurance that, and a detailed descrip-
tion of how, such grant will supplement, and not
supplant State and local efforts to prevent juvenile
delinquency.
‘‘(3) An assurance that such application was
prepared after consultation with and participation by
the State advisory group, community-based organi-
zations, and organizations in the local juvenile jus-
tice system, that carry out programs, projects, or ac-
tivities to prevent juvenile delinquency.
HR 1900 RFS
‘‘(4) An assurance that the State advisory
group will be afforded the opportunity to review and
comment on all grant applications submitted to the
State agency.
‘‘(5) An assurance that each eligible entity de-
scribed in section 244 that receives an initial grant
under section 244 to carry out a project or activity
shall also receive an assurance from the State that
such entity will receive from the State, for the subse-
quent fiscal year to carry out such project or activ-
ity, a grant under such section in an amount that
is proportional, based on such initial grant and on
the amount of the grant received under section 241
by the State for such subsequent fiscal year, but
that does not exceed the amount specified for such
subsequent fiscal year in such application as ap-
proved by the State.
‘‘(6) Such other information and assurances as
the Administrator may reasonably require by rule.
‘‘(b) APPROVAL OF APPLICATIONS.—
‘‘(1) APPROVAL REQUIRED.—Subject to para-
graph (2), the Administrator shall approve an appli-
cation, and amendments to such application sub-
mitted in subsequent fiscal years, that satisfy the re-
quirements of subsection (a).
HR 1900 RFS
‘‘(2) LIMITATION.—The Administrator may not
approve such application (including amendments to
such application) for a fiscal year unless—
‘‘(A)(i) the State submitted a plan under
section 223 for such fiscal year; and
‘‘(ii) such plan is approved by the Adminis-
trator for such fiscal year; or
‘‘(B) the Administrator waives the applica-
tion of subparagraph (A) to such State for such
fiscal year, after finding good cause for such a
waiver.
‘‘SEC. 244. GRANTS FOR LOCAL PROJECTS.
‘‘(a) GRANTS BY STATES.—Using a grant received
under section 241, a State may make grants to eligible
entities whose applications are received by the State, and
reviewed by the State advisory group, to carry out projects
and activities described in section 241.
‘‘(b) SPECIAL CONSIDERATION.—For purposes of
making grants under subsection (a), the State shall give
special consideration to eligible entities that—
‘‘(1) propose to carry out such projects in geo-
graphical areas in which there is—
‘‘(A) a disproportionately high level of seri-
ous crime committed by juveniles; or
HR 1900 RFS
‘‘(B) a recent rapid increase in the number
of nonstatus offenses committed by juveniles;
‘‘(2)(A) agreed to carry out such projects or ac-
tivities that are multidisciplinary and involve more
than 2 private nonprofit agencies, organizations, and
institutions that have experience dealing with juve-
niles; or
‘‘(B) represent communities that have a com-
prehensive plan designed to identify at-risk juveniles
and to prevent or reduce the rate of juvenile delin-
quency, and that involve other entities operated by
individuals who have a demonstrated history of in-
volvement in activities designed to prevent juvenile
delinquency; and
‘‘(3) the amount of resources (in cash or in
kind) such entities will provide to carry out such
projects and activities.
‘‘SEC. 245. ELIGIBILITY OF ENTITIES.
‘‘(a) ELIGIBILITY.—Except as provided in subsection
(b), to be eligible to receive a grant under section 244,
a unit of general purpose local government, acting jointly
with not fewer than 2 private nonprofit agencies, organiza-
tions, and institutions that have experience dealing with
juveniles, shall submit to the State an application that
contains the following:
HR 1900 RFS
‘‘(1) An assurance that such applicant will use
such grant, and each such grant received for the
subsequent fiscal year, to carry out throughout a 2-
year period a project or activity described in reason-
able detail, and of a kind described in one or more
of paragraphs (1) through (25) of section 241(a) as
specified in, such application.
‘‘(2) A statement of the particular goals such
project or activity is designed to achieve, and the
methods such entity will use to achieve, and assess
the achievement of, each of such goals.
‘‘(3) A statement identifying the research (if
any) such entity relied on in preparing such applica-
tion.
‘‘(b) LIMITATION.—If an eligible entity that receives
a grant under section 244 to carry out a project or activity
for a 2-year period, and receives technical assistance from
the State or the Administrator after requesting such tech-
nical assistance (if any), fails to demonstrate, before the
expiration of such 2-year period, that such project or such
activity has achieved substantial success in achieving the
goals specified in the application submitted by such entity
to receive such grants, then such entity shall not be eligi-
ble to receive any subsequent grant under such section to
continue to carry out such project or activity.
HR 1900 RFS
‘‘SEC. 246. GRANTS TO INDIAN TRIBES.
‘‘(a) ELIGIBILITY.—
‘‘(1) APPLICATION.—To be eligible to receive a
grant under section 241(b), an Indian tribe shall
submit to the Administrator an application in ac-
cordance with this section, in such form and con-
taining such information as the Administrator may
require by rule.
‘‘(2) PLANS.—Such application shall include a
plan for conducting programs, projects, and activi-
ties described in section 241(a), which plan shall—
‘‘(A) provide evidence that the applicant
Indian tribe performs law enforcement func-
tions (as determined by the Secretary of the In-
terior);
‘‘(B) identify the juvenile justice and delin-
quency problems and juvenile delinquency pre-
vention needs to be addressed by activities con-
ducted with funds provided by the grant for
which such application is submitted, by the In-
dian tribe in the geographical area under the
jurisdiction of the Indian tribe;
‘‘(C) provide for fiscal control and account-
ing procedures that—
‘‘(i) are necessary to ensure the pru-
dent use, proper disbursement, and ac-
HR 1900 RFS
counting of grants received by applicants
under this section; and
‘‘(ii) are consistent with the require-
ment specified in subparagraph (B); and
‘‘(D) comply with the requirements speci-
fied in section 223(a) (excluding any require-
ment relating to consultation with a State advi-
sory group) and with the requirements specified
in section 222(c); and
‘‘(E) contain such other information, and
be subject to such additional requirements, as
the Administrator may reasonably require by
rule to ensure the effectiveness of the projects
for which grants are made under section
241(b).
‘‘(b) FACTORS FOR CONSIDERATION.—For the pur-
pose of selecting eligible applicants to receive grants under
section 241(b), the Administrator shall consider—
‘‘(1) the resources that are available to each ap-
plicant Indian tribe that will assist, and be coordi-
nated with, the overall juvenile justice system of the
Indian tribe; and
‘‘(2) with respect to each such applicant—
‘‘(A) the juvenile population; and
HR 1900 RFS
‘‘(B) the population and the entities that
will be served by projects proposed to be carried
out with the grant for which the application is
submitted.
‘‘(c) GRANT PROCESS.—
‘‘(1) SELECTION OF GRANT RECIPIENTS.—
‘‘(A) SELECTION REQUIREMENTS.—Except
as provided in paragraph (2), the Administrator
shall—
‘‘(i) make grants under this section on
a competitive basis; and
‘‘(ii) specify in writing to each appli-
cant selected to receive a grant under this
section, the terms and conditions on which
such grant is made to such applicant.
‘‘(B) PERIOD OF GRANT.—A grant made
under this section shall be available for expendi-
ture during a 2–year period.
‘‘(2) EXCEPTION.—If—
‘‘(A) in the 2-year period for which a grant
made under this section shall be expended, the
recipient of such grant applies to receive a sub-
sequent grant under this section; and
‘‘(B) the Administrator determines that
such recipient performed during the year pre-
HR 1900 RFS
ceding the 2–year period for which such recipi-
ent applies to receive such subsequent grant
satisfactorily and in accordance with the terms
and conditions applicable to the grant received;
then the Administrator may waive the application of
the competition-based requirement specified in para-
graph (1)(A)(i) and may allow the applicant to in-
corporate by reference in the current application the
text of the plan contained in the recipient’s most re-
cent application previously approved under this sec-
tion.
‘‘(3) AUTHORITY
TO
MODIFY
APPLICATION
PROCESS FOR SUBSEQUENT GRANTS.—The Adminis-
trator may modify by rule the operation of sub-
section (a) with respect to the submission and con-
tents of applications for subsequent grants described
in paragraph (2).
‘‘(d) REPORTING REQUIREMENT.—Each Indian tribe
that receives a grant under this section shall be subject
to the fiscal accountability provisions of section 5(f)(1) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450c(f)(1)), relating to the submission of
a single-agency audit report required by chapter 75 of title
31, United States Code.
HR 1900 RFS
‘‘(e) MATCHING REQUIREMENT.—(1) Funds appro-
priated for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing
law enforcement functions on any Indian lands may be
used to provide the non-Federal share of any program or
project with a matching requirement funded under this
section.
‘‘(2) Paragraph (1) shall not apply with respect to
funds appropriated before the date of the enactment of
the Juvenile Justice and Delinquency Prevention Act of
2001.
‘‘(3) If the Administrator determines that an Indian
tribe does not have sufficient funds available to meet the
non-Federal share of the cost of any program or activity
to be funded under the grant, the Administrator may in-
crease the Federal share of the cost thereof to the extent
the Administrator deems necessary.’’.
SEC. 11. RESEARCH; EVALUATION; TECHNICAL ASSIST-
ANCE; TRAINING.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by inserting after part C, as added by section 10, the fol-
lowing:
HR 1900 RFS
‘‘PART D—RESEARCH; EVALUATION; TECHNICAL
ASSISTANCE; TRAINING
‘‘SEC. 251. RESEARCH AND EVALUATION; STATISTICAL
ANALYSES; INFORMATION DISSEMINATION.
‘‘(a) RESEARCH AND EVALUATION.—(1) The Admin-
istrator may—
‘‘(A) plan and identify the purposes and goals
of all agreements carried out with funds provided
under this subsection; and
‘‘(B) conduct research or evaluation in juvenile
justice matters, for the purpose of providing re-
search and evaluation relating to—
‘‘(i) the prevention, reduction, and control
of juvenile delinquency and serious crime com-
mitted by juveniles;
‘‘(ii) the link between juvenile delinquency
and the incarceration of members of the fami-
lies of juveniles;
‘‘(iii) successful efforts to prevent first-
time minor offenders from committing subse-
quent involvement in serious crime;
‘‘(iv) successful efforts to prevent recidi-
vism;
‘‘(v) the juvenile justice system;
‘‘(vi) juvenile violence;
HR 1900 RFS
‘‘(vii) appropriate mental health services
for juveniles and youth at risk of participating
in delinquent activities;
‘‘(viii) reducing the proportion of juveniles
detained or confined in secure detention facili-
ties, secure correctional facilities, jails, and
lockups who are members of minority groups;
‘‘(ix) evaluating services, treatment, and
aftercare placement of juveniles who were under
the care of the State child protection system be-
fore their placement in the juvenile justice sys-
tem;
‘‘(x) determining—
‘‘(I) the frequency, seriousness, and
incidence of drug use by youth in schools
and communities in the States using, if ap-
propriate, data submitted by the States
pursuant to this subparagraph and sub-
section (b); and
‘‘(II) the frequency, degree of harm,
and morbidity of violent incidents, particu-
larly firearm-related injuries and fatalities,
by youth in schools and communities in the
States, including information with respect
to—
HR 1900 RFS
‘‘(aa) the relationship between
victims and perpetrators;
‘‘(bb) demographic characteristics
of victims and perpetrators; and
‘‘(cc) the type of weapons used in
incidents, as classified in the Uniform
Crime Reports of the Federal Bureau
of Investigation; and
‘‘(xi) other purposes consistent with the
purposes of this title and title I.
‘‘(2) The Administrator shall ensure that an equi-
table amount of funds available to carry out paragraph
(1)(B) is used for research and evaluation relating to the
prevention of juvenile delinquency.
‘‘(3) Nothing in this subsection shall be construed to
permit the development of a national database of person-
ally identifiable information on individuals involved in
studies, or in data-collection efforts, carried out under
paragraph (1)(B)(x).
‘‘(4) Not later than 1 year after the date of en-
actment of this paragraph,the Administrator shall
conduct a study with respect to juveniles who, prior
to placement in the juvenile justice system, were
under the care or custody of the State child welfare
system, and to juveniles who are unable to return to
HR 1900 RFS
their family after completing their disposition in the
juvenile justice system and who remain wards of the
State. Such study shall include—
‘‘(A) the number of juveniles in each cat-
egory;
‘‘(B) the extent to which State juvenile
justice systems and child welfare systems are
coordinating services and treatment for such ju-
veniles;
‘‘(C) the Federal and local sources of
funds used for placements and post-placement
services;
‘‘(D) barriers faced by State in providing
services to these juveniles;
‘‘(E) the types of post-placement services
used;
‘‘(F) the frequency of case plans and case
plan reviews; and
‘‘(G) the extent to which case plans iden-
tify and address permanency and placement
barriers and treatment plans.
‘‘(b) STATISTICAL ANALYSES.—The Administrator
may—
HR 1900 RFS
‘‘(1) plan and identify the purposes and goals
of all agreements carried out with funds provided
under this subsection; and
‘‘(2) undertake statistical work in juvenile jus-
tice matters, for the purpose of providing for the col-
lection, analysis, and dissemination of statistical
data and information relating to juvenile delinquency
and serious crimes committed by juveniles, to the ju-
venile justice system, to juvenile violence, and to
other purposes consistent with the purposes of this
title and title I.
‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad-
ministrator shall use a competitive process, established by
rule by the Administrator, to carry out subsections (a) and
(b).
‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Fed-
eral agency that makes an agreement under subsections
(a)(1)(B) and (b)(2) with the Administrator may carry out
such agreement directly or by making grants to or con-
tracts with public and private agencies, institutions, and
organizations.
‘‘(e) INFORMATION DISSEMINATION.—The Adminis-
trator may—
‘‘(1) review reports and data relating to the ju-
venile justice system in the United States and in for-
HR 1900 RFS
eign nations (as appropriate), collect data and infor-
mation from studies and research into all aspects of
juvenile delinquency (including the causes, preven-
tion, and treatment of juvenile delinquency) and se-
rious crimes committed by juveniles;
‘‘(2) establish and operate, directly or by con-
tract, a clearinghouse and information center for the
preparation, publication, and dissemination of infor-
mation relating to juvenile delinquency, including
State and local prevention and treatment programs,
plans, resources, and training and technical assist-
ance programs; and
‘‘(3) make grants and contracts with public and
private agencies, institutions, and organizations, for
the purpose of disseminating information to rep-
resentatives and personnel of public and private
agencies, including practitioners in juvenile justice,
law enforcement, the courts, corrections, schools,
and related services, in the establishment, implemen-
tation, and operation of projects and activities for
which financial assistance is provided under this
title.
‘‘SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
‘‘(a) TRAINING.—The Administrator may—
HR 1900 RFS
‘‘(1) develop and carry out projects for the pur-
pose of training representatives and personnel of
public and private agencies, including practitioners
in juvenile justice, law enforcement, courts (includ-
ing model juvenile and family courts), corrections,
schools, and related services, to carry out the pur-
poses specified in section 102; and
‘‘(2) make grants to and contracts with public
and private agencies, institutions, and organizations
for the purpose of training representatives and per-
sonnel of public and private agencies, including prac-
titioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), correc-
tions, schools, and related services, to carry out the
purposes specified in section 102.
‘‘(b) TECHNICAL ASSISTANCE.—The Administrator
may—
‘‘(1) develop and implement projects for the
purpose of providing technical assistance to rep-
resentatives and personnel of public and private
agencies and organizations, including practitioners
in juvenile justice, law enforcement, courts (includ-
ing model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects,
HR 1900 RFS
and activities for which financial assistance is pro-
vided under this title; and
‘‘(2) make grants to and contracts with public
and private agencies, institutions, and organizations,
for the purpose of providing technical assistance to
representatives and personnel of public and private
agencies, including practitioners in juvenile justice,
law enforcement, courts (including model juvenile
and family courts), corrections, schools, and related
services, in the establishment, implementation, and
operation of programs, projects, and activities for
which financial assistance is provided under this
title.
‘‘(c) TRAINING
AND TECHNICAL ASSISTANCE
TO
MENTAL HEALTH PROFESSIONALS AND LAW ENFORCE-
MENT PERSONNEL.—The Administrator shall provide
training and technical assistance to mental health profes-
sionals and law enforcement personnel (including public
defenders, police officers, probation officers, judges, parole
officials, and correctional officers) to address or to pro-
mote the development, testing, or demonstration of prom-
ising or innovative models (including model juvenile and
family courts), programs, or delivery systems that address
the needs of juveniles who are alleged or adjudicated delin-
quent and who, as a result of such status, are placed in
HR 1900 RFS
secure detention or confinement or in nonsecure residen-
tial placements.’’.
SEC. 12. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by inserting after part D, as added by section 11, the fol-
lowing:
‘‘PART E—DEVELOPING, TESTING, AND DEM-
ONSTRATING PROMISING NEW INITIATIVES
AND PROGRAMS
‘‘SEC. 261. GRANTS AND PROJECTS.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator may make grants to and contracts with States,
units of general local government, Indian tribal govern-
ments, public and private agencies, organizations, and in-
dividuals, or combinations thereof, to carry out projects
for the development, testing, and demonstration of prom-
ising initiatives and programs for the prevention, control,
or reduction of juvenile delinquency. The Administrator
shall ensure that, to the extent reasonable and practicable,
such grants are made to achieve an equitable geographical
distribution of such projects throughout the United
States.
HR 1900 RFS
‘‘(b) USE OF GRANTS.—A grant made under sub-
section (a) may be used to pay all or part of the cost of
the project for which such grant is made.
‘‘SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
‘‘The Administrator may make grants to and con-
tracts with public and private agencies, organizations, and
individuals to provide technical assistance to States, units
of general local government, Indian tribal governments,
local private entities or agencies, or any combination
thereof, to carry out the projects for which grants are
made under section 261.
‘‘SEC. 263. ELIGIBILITY.
‘‘To be eligible to receive a grant made under this
part, a public or private agency, Indian tribal government,
organization, institution, individual, or combination there-
of shall submit an application to the Administrator at such
time, in such form, and containing such information as
the Administrator may reasonably require by rule.
‘‘SEC. 264. REPORTS.
‘‘Recipients of grants made under this part shall sub-
mit to the Administrator such reports as may be reason-
ably requested by the Administrator to describe progress
achieved in carrying out the projects for which such grants
are made.’’.
HR 1900 RFS
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended—
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
‘‘(a) AUTHORIZATION
OF
APPROPRIATIONS
FOR
TITLE II (EXCLUDING PARTS C AND E).—(1) There are
authorized to be appropriated to carry out this title such
sums as may be appropriate for fiscal years 2002, 2003,
2004, 2005, and 2006.
‘‘(2) Of such sums as are appropriated for a fiscal
year to carry out this title (other than parts C and E)—
‘‘(A) not more than 5 percent shall be available
to carry out part A;
‘‘(B) not less than 80 percent shall be available
to carry out part B; and
‘‘(C) not more than 15 percent shall be avail-
able to carry out part D.
‘‘(b) AUTHORIZATION
OF
APPROPRIATIONS
FOR
PART C.—There are authorized to be appropriated to
carry out part C such sums as may be necessary for fiscal
years 2002, 2003, 2004, 2005, and 2006.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART
E.—There are authorized to be appropriated to carry out
part E, and authorized to remain available until expended,
HR 1900 RFS
such sums as may be necessary for fiscal years 2002,
2003, 2004, 2005, and 2006.’’.
SEC. 14. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5672) is
amended—
(1) in subsection (d) by striking ‘‘as are con-
sistent with the purpose of this Act’’ and inserting
‘‘only to the extent necessary to ensure that there is
compliance with the specific requirements of this
title or to respond to requests for clarification and
guidance relating to such compliance’’, and
(2) by adding at the end the following:
‘‘(e) If a State requires by law compliance with the
requirements described in paragraphs (11), (12), and (13)
of section 223(a), then for the period such law is in effect
in such State such State shall be rebuttably presumed to
satisfy such requirements.’’.
SEC. 15. USE OF FUNDS.
Section 299C(c) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5674(c)) is
amended to read as follows:
‘‘(c) No funds may be paid under this title to a resi-
dential program (excluding a program in a private resi-
dence) unless—
HR 1900 RFS
‘‘(1) there is in effect in the State in which
such placement or care is provided, a requirement
that the provider of such placement or such care
may be licensed only after satisfying, at a minimum,
explicit standards of discipline that prohibit neglect,
physical and mental abuse, as defined by State law;
‘‘(2) such provider is licensed as described in
paragraph (1) by the State in which such placement
or care is provided; and
‘‘(3) such provider satisfies the licensing stand-
ards of each other State from which such provider
receives a juvenile for such placement or such care,
in accordance with the Interstate Compact on Child
Placement as entered into by such other State.’’.
SEC. 16. LIMITATIONS ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 10, is amended adding at
the end the following:
‘‘SEC. 299F. LIMITATIONS ON USE OF FUNDS.
‘‘None of the funds made available to carry out this
title may be used to advocate for, or support, the unse-
cured release of juveniles who are charged with a violent
crime.’’.
HR 1900 RFS
SEC. 17. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 10 and amended by section
16, is amended adding at the end the following:
‘‘SEC. 299G. RULES OF CONSTRUCTION.
‘‘Nothing in this title or title I shall be construed—
‘‘(1) to prevent financial assistance from being
awarded through grants under this title to any oth-
erwise eligible organization; or
‘‘(2) to modify or affect any Federal or State
law relating to collective bargaining rights of em-
ployees.’’.
SEC. 18. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 10 and amended by sections
16 and 17, is amended adding at the end the following:
‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
‘‘The Administrator may receive surplus Federal
property (including facilities) and may lease such property
to States and units of general local government for use
in or as facilities for juvenile offenders, or for use in or
as facilities for delinquency prevention and treatment ac-
tivities.’’.
HR 1900 RFS
SEC. 19. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 10 and amended by sections
16, 17, and 18, is amended adding at the end the fol-
lowing:
‘‘SEC. 299I. ISSUANCE OF RULES.
‘‘The Administrator shall issue rules to carry out this
title, including rules that establish procedures and meth-
ods for making grants and contracts, and distributing
funds available, to carry out this title.’’.
SEC. 20. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 10 and amended by sections
16, 17, 18, and 19, is amended by adding at the end the
following:
‘‘SEC. 299J. CONTENT OF MATERIALS.
‘‘Materials produced, procured, or distributed both
using funds appropriated to carry out this Act and for
the purpose of preventing hate crimes that result in acts
of physical violence, shall not recommend or require any
action that abridges or infringes upon the constitutionally
protected rights of free speech, religion, or equal protec-
tion of juveniles or of their parents or legal guardians.’’.
HR 1900 RFS
(D) in section 223(c) by striking ‘‘section 262,
293, and 296’’ and inserting ‘‘sections 262, 299B,
and 299E’’.
(2) Section 404(a)(5)(E) of the Missing Children’s
Assistance Act (42 U.S.C. 5773) is amended by striking
‘‘section 313’’ and inserting ‘‘section 331’’.
SEC. 22. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall apply only with respect to
fiscal years beginning after September 30, 2001.
Passed the House of Representatives September 20,
2001.
Attest:
JEFF TRANDAHL,
Clerk.