House Report 107-46 - CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2001

[House Report 107-46]
[From the U.S. Government Publishing Office]

107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-46

======================================================================

CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2001

_______

April 20, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following

R E P O R T

[To accompany H.R. 863]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the
bill (H.R. 863) to provide grants to ensure increased
accountability for juvenile offenders, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.

CONTENTS

Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 8
Background and Need for the Legislation.......................... 8
Hearings......................................................... 10
Committee Consideration.......................................... 11
Vote of the Committee............................................ 11
Committee Oversight Findings..................................... 11
Performance Goals and Objectives................................. 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Constitutional Authority Statement............................... 13
Section-by-Section Analysis and Discussion....................... 13
Agency Views..................................................... 20
Changes in Existing Law Made by the Bill, as Reported............ 24
Markup Transcript................................................ 37

The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. GRANT PROGRAM.

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

``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

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

``SEC. 1802. GRANT ELIGIBILITY.

``(a) State Eligibility.--To be eligible to receive a grant under
this section, a State shall submit to the Attorney General an
application at such time, in such form, and containing such assurances
and information as the Attorney General may require by guidelines,
including----
``(1) information about----
``(A) the activities proposed to be carried out
with such grant; and
``(B) the criteria by which the State proposes to
assess the effectiveness of such activities on
achieving the purposes of this part; and
``(2) assurances that the State and any unit of local
government to which the State provides funding under section
1803(b), has in effect (or shall have in effect, not later than
1 year after the date that the State submits such application)
laws, or has implemented (or shall implement, not later than 1
year after the date that the State submits such application)
policies and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(b) Local Eligibility.----
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State----
``(A) information about----
``(i) the activities proposed to be carried
out with such subgrant; and
``(ii) the criteria by which the unit
proposes to assess the effectiveness of such
activities on achieving the purposes of this
part; and
``(B) such assurances as the State shall require,
that, to the maximum extent applicable, the unit of
local government has in effect (or shall have in
effect, not later than 1 year after the date that the
unit submits such application) laws, or has implemented
(or shall implement, not later than 1 year after the
date that the unit submits such application) policies
and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
``(c) Graduated Sanctions.--A system of graduated sanctions, which
may be discretionary as provided in subsection (d), shall ensure, at a
minimum, that----
``(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the individual
juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(d) Discretionary Use of Sanctions.----
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if----
``(A) its system of graduated sanctions is
discretionary; and
``(B) it demonstrates that it has promoted the use
of a system of graduated sanctions by taking steps to
encourage implementation of such a system by juvenile
courts.
``(2) Reporting requirement if graduated sanctions not
used.----
``(A) Juvenile courts.--A State or unit of local
government in which the imposition of graduated
sanctions is discretionary shall require each juvenile
court within its jurisdiction--
``(i) which has not implemented a system of
graduated sanctions, to submit an annual report
that explains why such court did not implement
graduated sanctions; and
``(ii) which has implemented a system of
graduated sanctions but has not imposed
graduated sanctions in all cases, to submit an
annual report that explains why such court did
not impose graduated sanctions in all cases.
``(B) Units of local government.--Each unit of
local government, other than a specially qualified
unit, that has 1 or more juvenile courts that use a
discretionary system of graduated sanctions shall
collect the information reported under subparagraph (A)
for submission to the State each year.
``(C) States.--Each State and specially qualified
unit that has 1 or more juvenile courts that use a
discretionary system of graduated sanctions shall
collect the information reported under subparagraph (A)
for submission to the Attorney General each year. A
State shall also collect and submit to the Attorney
General the information collected under subparagraph
(B).
``(e) Definitions.--For purposes of this section:
``(1) The term `discretionary' means that a system of
graduated sanctions is not required to be imposed by each and
every juvenile court in a State or unit of local government.
``(2) The term `sanctions' means tangible, proportional
consequences that hold the juvenile offender accountable for
the offense committed. A sanction may include counseling,
restitution, community service, a fine, supervised probation,
or confinement.

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

``(a) State Allocation.----
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate----
``(A) 0.25 percent for each State; and
``(B) of the total funds remaining after the
allocation under subparagraph (A), to each State, an
amount which bears the same ratio to the amount of
remaining funds described in this subparagraph as the
population of people under the age of 18 living in such
State for the most recent calendar year in which such
data is available bears to the population of people
under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or by
the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.----
``(1) In general.--Except as provided in paragraph (2),
each State which receives funds under subsection (a)(1) in a
fiscal year shall distribute among units of local government,
for the purposes specified in section 1801, not less than 75
percent of such amounts received.
``(2) Waiver.--If a State submits to the Attorney General
an application for waiver that demonstrates and certifies to
the Attorney General that----
``(A) the State's juvenile justice expenditures in
the fiscal year preceding the date in which an
application is submitted under this part (the `State
percentage') is more than 25 percent of the aggregate
amount of juvenile justice expenditures by the State
and its eligible units of local government; and
``(B) the State has consulted with as many units of
local government in such State, or organizations
representing such units, as practicable regarding the
State's calculation of expenditures under subparagraph
(A), the State's application for waiver under this
paragraph, and the State's proposed uses of funds,
the percentage referred to in paragraph (1) shall equal the
percentage determined by subtracting the State percentage from
100 percent.
``(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units of local
government an amount which bears the same ratio to the
aggregate amount of such funds as----
``(A) the sum of----
``(i) the product of----
``(I) three-quarters; multiplied by
``(II) the average juvenile justice
expenditure for such unit of local
government for the 3 most recent
calendar years for which such data is
available; plus
``(ii) the product of----
``(I) one-quarter; multiplied by
``(II) the average annual number of
part 1 violent crimes in such unit of
local government for the 3 most recent
calendar years for which such data is
available, bears to----
``(B) the sum of the products determined under
subparagraph (A) for all such units of local government
in the State.
``(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice
expenditures of the unit for such payment period.
``(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units of
local government that are not affected by such operation in
accordance with this subsection.
``(c) Unavailability of Data for Units of Local Government.--If the
State has reason to believe that the reported rate of part 1 violent
crimes or juvenile justice expenditures for a unit of local government
is insufficient or inaccurate, the State shall----
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $10,000.--If
under this section a unit of local government is allocated less than
$10,000 for a payment period, the amount allotted shall be expended by
the State on services to units of local government whose allotment is
less than such amount in a manner consistent with this part.
``(e) Direct Grants to Specially Qualified Units.----
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of the
allocation that the State would have received under subsection
(a) for such fiscal year to provide grants to specially
qualified units which meet the requirements for funding under
section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units
the Attorney General may use the average amount allocated by
the States to units of local government as a basis for awarding
grants under this section.

``SEC. 1804. GUIDELINES.

``(a) In General.--The Attorney General shall issue guidelines
establishing procedures under which a State or unit of local government
that receives funds under section 1803 is required to provide notice to
the Attorney General regarding the proposed use of funds made available
under this part.
``(b) Advisory Board.--The guidelines referred to in subsection (a)
shall include a requirement that such eligible State or unit of local
government establish and convene an advisory board to review the
proposed uses of such funds. The board shall include representation
from, if appropriate----
``(1) the State or local police department;
``(2) the local sheriff's department;
``(3) the State or local prosecutor's office;
``(4) the State or local juvenile court;
``(5) the State or local probation officer;
``(6) the State or local educational agency;
``(7) a State or local social service agency;
``(8) a nonprofit, nongovernmental victim advocacy
organization; and
``(9) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

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

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

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

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

``(a) In General.--A State or specially qualified unit that
receives funds under this part shall----
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any
extension of that period under section 1805(b)(2);
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports required
under this part; and
``(4) spend the funds only for the purposes under section
1801(b).
``(b) Title I Provisions.--Except as otherwise provided, the
administrative provisions of part H shall apply to this part and for
purposes of this section any reference in such provisions to title I
shall be deemed to include a reference to this part.

``SEC. 1808. ASSESSMENT REPORTS.

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

``SEC. 1809. DEFINITIONS.

``For purposes of this part:
``(1) The term `unit of local government' means----
``(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
unit of local government as determined by the Secretary
of Commerce for general statistical purposes;
``(B) any law enforcement district or judicial
enforcement district that----
``(i) is established under applicable State
law; and
``(ii) has the authority, in a manner
independent of other State entities, to
establish a budget and raise revenues; and
``(C) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental
duties and powers.
``(2) The term `specially qualified unit' means a unit of
local government which may receive funds under this part only
in accordance with section 1803(e).
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam, and
the Northern Mariana Islands shall be considered as 1 State and
that, for purposes of section 1803(a), 33 percent of the
amounts allocated shall be allocated to American Samoa, 50
percent to Guam, and 17 percent to the Northern Mariana
Islands.
``(4) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `juvenile justice expenditures' means
expenditures in connection with the juvenile justice system,
including expenditures in connection with such system to carry
out----
``(A) activities specified in section 1801(b); and
``(B) other activities associated with
prosecutorial and judicial services and corrections as
reported to the Bureau of the Census for the fiscal
year preceding the fiscal year for which a
determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.

``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part----
``(1) $500,000,000 for fiscal year 2002;
``(2) $500,000,000 for fiscal year 2003; and
``(3) $500,000,000 for fiscal year 2004.
``(b) Oversight Accountability and Administration.--Of the amount
authorized to be appropriated under subsection (a), there shall be
available to the Attorney General, for each of the fiscal years 2002
through 2004 (as applicable), to remain available until expended----
``(1) not more than 2 percent of that amount, for research,
evaluation, and demonstration consistent with this part;
``(2) not more than 1 percent of that amount, for training
and technical assistance; and
``(3) not more than 1 percent, for administrative costs to
carry out the purposes of this part.
The Attorney General shall establish and execute an oversight plan for
monitoring the activities of grant recipients.
``(c) Funding Source.--Appropriations for activities authorized in
this part may be made from the Violent Crime Reduction Trust Fund.''.

SEC. 3. EFFECTIVE DATE.

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

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

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

Purpose and Summary

H.R. 863 authorizes the Department of Justice to make
grants to States and local governments to strengthen their
juvenile justice systems. The bill allows the States and
localities flexibility in using the grant funds and provides an
illustrative list of possible uses for the grant money. For
example, the grant money may be used for a range of purposes
from the hiring of more judges, prosecutors, and corrections
personnel to supporting juvenile gun courts, drug court
programs, and accountability-based school safety programs. This
flexibility allows States and localities to strengthen their
juvenile justice systems in ways that best meet their needs.
To be eligible for the grant funds, a State must have in
place or agree to implement a system of graduated sanctions for
juvenile offenders within 1 year of applying for the funds.
Under the legislation, the graduated sanctions system must
ensure that sanctions are imposed on juvenile offenders for
every offense, that the sanctions escalate in intensity with
each subsequent more serious offense, that the courts will be
flexible in applying sanctions that address the specific
problems of the individual offender, and that consideration is
given to public safety and victims of crime.
A State or locality may still qualify for a grant even if
its system of graduated sanctions is discretionary, allowing
juvenile courts to not participate. If an applicant's system is
discretionary, however, then the non-participating juvenile
courts must report at the end of the year why they did not
impose graduated sanctions.

Background and Need for the Legislation

In the 1980's, the public perception was that serious
juvenile crime was increasing and the juvenile justice system
was too lenient.\1\ This perception was partially based on the
tremendous growth in the rate of juvenile violent crime in the
late 1980's through the early 1990's.\2\ After 1993, however,
the rate began to decline.\3\ By 1999, the decline had resulted
in the lowest juvenile violent crime arrest rate in the
decade.\4\
---------------------------------------------------------------------------
\1\ Howard N. Snyder and Melissa Sickmund, U.S. Dep't of Justice,
Juvenile Offenders and Victims: 1999 National Report 88 (2000).
\2\ Office of Juvenile Justice and Delinquency Prevention, U.S.
Dep't of Justice, Juvenile Justice Bulletin, December 2000 at 1.
\3\ Id.
\4\ Id.
---------------------------------------------------------------------------

Juvenile Violence Still Too High

While the rate of violent teenage crime is down,
criminologists and policymakers remain concerned that the level
of juvenile violence is too high. In 1999, law enforcement
agencies made an estimated 2.5 million juvenile arrests in the
United States.\5\ In 1999, 17 percent of all arrests and 16
percent of all violent crime arrests were juveniles.\6\ More
specifically, 9 percent of murder arrests, 14 percent of
aggravated assault arrests, 33 percent of burglary arrests, 35
percent of robbery arrests and 24 percent of weapons arrests
involved juveniles.\7\ According to the Office of Juvenile
Justice and Delinquency Prevention at the Department of
Justice, ``[s]erious and violent juvenile offenders comprise a
troubled and often dangerous population. Although their numbers
are small, they are responsible for a disproportionate amount
of crime.'' \8\
---------------------------------------------------------------------------
\5\ Id.
\6\ Id.
\7\ Id.
\8\ Office of Juvenile Justice and Delinquency Prevention, U.S.
Dep't of Justice, Juvenile Justice Bulletin, May 1998, at 1.
---------------------------------------------------------------------------

Juvenile Courts' Caseloads Still Too High

While the juvenile violent crime rate has dropped, the case
load for juvenile courts has not. The number of juvenile
delinquency cases has increased 48 percent between 1988 and
1997.\9\ In 1997, the juvenile courts handled 1.8 million cases
in which the juvenile was charged with a delinquency
offense.\10\ A delinquency offense is an offense for which an
adult could be prosecuted in criminal court.\11\
---------------------------------------------------------------------------
\9\ Office of Juvenile Justice and Delinquency Prevention, U.S.
Dep't of Justice, Fact Sheet #04, March 2000, at 1.
\10\ Office of Juvenile Justice and Delinquency Prevention, U.S.
Dep't of Justice, Juvenile Justice Bulletin, October 2000.
\11\ Id.
---------------------------------------------------------------------------

Graduated Sanctions Help to Reduce the Rate of Juvenile Crime and
Recidivism

The drop in violent juvenile crime has offered States and
localities the opportunity to focus more on first time
offenders, as testimony before the Subcommittee on Crime has
highlighted. At a hearing before the Subcommittee held on March
8, 2001, witnesses testified that the juvenile justice system
needs to do a better job of becoming involved in the lives of
juvenile offenders at an earlier time. The witnesses testified
that getting involved earlier reduces recidivism and the crime
rate. Judge Michael Anderegg of the Family Division of the
Marquette County (MI) Circuit Court testified from the
perspective of rural areas. He stated that ``continuation of
the Federal effort to assist State courts in dealing with
juvenile offenders will ultimately reduce adult crime, reduce
the costs of crime, and increase public safety.''
Also at the March 8, 2001 hearing, the Executive Director
of the Texas Youth Commission, Steve Robinson, testified that
their system of graduated sanctions was working to reduce
juvenile crime. He stated that ``the preliminary numbers
indicate that there has been a 14-percent decrease in referrals
to the juvenile probation departments since [Texas has]
instituted graduated sanctions.'' In 1995, Texas reformed its
juvenile code to require the adoption of a seven-step
progressive sanctions policy.\12\ He also testified that ``in
Texas, our recidivism rate has dropped steadily since 1995. . .
.'' The States' systems of graduated sanctions vary based on
each individual State's needs and the systems require
substantial funding commitments to ensure adequate
implementation.
---------------------------------------------------------------------------
\12\ Shay Bilchik, U.S. Dep't of Justice, Juvenile Justice Reform
Initiatives in the States (1997).
---------------------------------------------------------------------------

Congressional Efforts to Assist States and Localities

In the last two Congresses, legislation similar to H.R. 863
was introduced to assist States and localities seeking to
implement graduated sanctions. H.R. 863, the ``Consequences for
Juvenile Offenders Act of 2001,'' is similar to H.R. 1501, the
``Consequences for Juvenile Offenders Act of 1999,'' a bill
introduced in the 106th Congress.
H.R. 1501 would have created a new grant program to be used
to strengthen the juvenile justice system. Just as H.R. 863
does, H.R. 1501 would have replaced the Juvenile Accountability
Incentive Block Grant (JAIBG) program with the Juvenile
Accountability Block Grant (JABG) Program. The appropriations
bill funding the Departments of Commerce, Justice, and State
for FY 1999 (P.L. 105-119) established the JAIBG program, which
is administered by the Office of Juvenile Justice and
Delinquency Prevention. The JAIBG program provides block grants
to States that have implemented, or are considering
implementing, legislation and/or programs promoting greater
accountability in the juvenile justice system.
Similar to H.R. 863, H.R. 1501 would have added new
purposes for which the funds could be used. Neither H.R. 862
nor H.R. 1501 include the JAIBG requirement that a certain
percentage of the funds be spent on specified purposes. The
Subcommittee on Crime reported H.R. 1501 favorably to the
Committee by voice vote on April 21, 1999. The bill was then
considered by the full House where a number of non-germane
amendments were adopted. On June 17, 1999, the amended bill
passed the House by a recorded vote of 287-139. The Senate
amended the bill further and the Senate and House did not
report the bill out of the conference on the bill. All of the
Members of the Subcommittee on Crime were original co-sponsors
of H.R. 1501.
In the 105th Congress, H.R. 3, the ``Juvenile Crime Control
Act of 1997'' passed the House by a vote of 286-132. title III
of that bill contained an incentive grant program to help
States and localities strengthen their juvenile justice system
infrastructure, thereby enabling them to ensure meaningful
sanctions for juvenile offenders. While H.R. 3 did not become
law, title III did become the basis for the JAIBG program
created by the appropriations bill for the Departments of
Commerce, Justice, and State. JAIBG received an appropriation
of $250 million for fiscal years 1998 and 1999, and after
rescissions, the program received $238 million in fiscal year
2000 and $244 million in fiscal year 2001. Through those
appropriations bills, the JAIBG has provided almost a billion
dollars to those States and localities that certified that they
had implemented or were ``actively considering'' implementing
the core requirements of H.R. 3. All 50 States are
participating in that program, and make sub-awards to eligible
counties and cities.

Hearings

The Committee's Subcommittee on Crime held one hearing on
H.R. 863, the ``Consequences for Juvenile Offenders Act of
2001,'' on March 8, 2001. Testimony was received from four
witnesses representing four organizations. The witnesses were:
the Honorable Michael Anderegg, Marquette, Michigan, Juvenile
Court; the Honorable Jim Payne, Marion County, Indiana,
Juvenile Court; Steve Robinson, Executive Director, Texas Youth
Commission; and Vincent N. Schiraldi, Center on Juvenile and
Criminal Justice.

Committee Consideration

On March 21, 2001, the Subcommittee on Crime met in open
session and ordered favorably reported the bill H.R. 863, as
amended, by a voice vote, a quorum being present. On March 28,
2001, the Committee met in open session and ordered favorably
reported the bill H.R. 863 with an amendment, by voice vote, a
quorum being present.

Vote of the Committee

No recorded votes were taken on the bill H.R. 863 during
Committee consideration.

Committee Oversight Findings

In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.

Performance Goals and Objectives

While the grant funds authorized by H.R. 863 are to be
awarded to States and units of local government, the program
will likely be administered by the Office of Justice Programs
within the Department of Justice. That office should set as a
performance goal to distribute all grants funds appropriated
for the program each year. It should also set performance
measures based on the level of compliance by States and
localities receiving grant funds with the bill's requirements
concerning appropriate use of the funds, adoption of systems of
graduated sanctions by grant recipients, the level of matching
funding provided by States and units of local government, and
reporting requirements (both by grants recipients to the
Attorney General and by the Attorney General to Congress).

New Budget Authority and Tax Expenditures

Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.

Congressional Budget Office Cost Estimate

In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 863, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, April 5, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 863, the
Consequences for Juvenile Offenders Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.

Enclosure

cc:
Honorable John Conyers Jr.
Ranking Member
H.R. 863--Consequences for Juvenile Offenders Act of 2001.

SUMMARY

H.R. 863 would authorize the appropriation of $500 million
for each of fiscal years 2002 through 2004 for the Attorney
General to make grants designed to strengthen the juvenile
justice system to state, local, and tribal governments.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing H.R. 863 would cost $1.5 billion over the
2002-2006 period. This legislation would not affect direct
spending or receipts, so pay-as-you-go procedures would not
apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would benefit state, local, and tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT

For this estimate, CBO assumes that the amounts authorized
in H.R. 863 will be appropriated by the start of each fiscal
year and that spending will follow the historical rates for
similar programs. The estimated budgetary impact of H.R. 863 is
shown in the following table. The costs of this legislation
fall within budget function 750 (administration of justice).

By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for
Juvenile Accountability Block Grants
Budget Authority \1\ 250 0 0 0 0 0
Estimated Outlays 247 75 0 0 0 0

Proposed Changes
Authorization Level 0 500 500 500 0 0
Estimated Outlays 0 350 500 500 150 0

Spending Under H.R. 863 for
Juvenile Accountability Block Grants
Authorization Level \1\ 250 500 500 500 0 0
Estimated Outlays 247 425 500 500 150 0
----------------------------------------------------------------------------------------------------------------
1. The 2001 level is the amount appropriated for juvenile accountability incentive block grants, a program that
is very similar to the one authorized by H.R. 863.

PAY-AS-YOU-GO CONSIDERATIONS:

None.

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 863 contains no intergovernmental or private-sector
mandates as defined in UMRA and would benefit state, local, and
tribal governments. The bill would authorize the appropriation
of $1.5 billion over three years in grants to state, local, and
tribal governments for juvenile justice programs. Any costs
incurred by these governments would be the result of complying
with grant conditions and would be voluntary.

ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Shelley
Finlayson (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2618)

ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

Constitutional Authority Statement

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8, of the Constitution.

Section-by-Section Analysis and Discussion

Section 1: Short Title

Section 1 of the bill states the short title of the bill as
the ``Consequences for Juvenile Offenders Act of 2001''.

Section 2: Grant Program

Section 2 amends Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796) in
substituting in its place ``Part R--Juvenile Accountability
Block Grants.'' The new Part R is comprised of 10 sections,
numbered 1801 through 1810.
Section 1801. Program Authorized
New section 1801 authorizes the Attorney General to provide
grants to States, and in certain cases directly to eligible
units of local government, for use by States and localities for
the purpose of strengthening their juvenile justice systems.
Section 1801(b) provides an illustrative list of acceptable
expenditures for the grant money. Some examples of acceptable
uses of the grant funds include:
(1) hiring juvenile court judges, probation officers,
and court-appointed defenders and special advocates,
and funding pretrial services for juvenile offenders,
to promote the effective and expeditious administration
of the juvenile justice system;
(2) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted
and case backlogs reduced;
(3) establishing and maintaining interagency
information-sharing programs that enable juvenile and
criminal justice system, schools, and social services
agencies to make more informed decisions regarding the
early identification, control, supervision, and
treatment of juveniles who repeatedly commit serious
delinquent or criminal acts;
(4) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles
who are referred by law enforcement personnel or
agencies;
(5) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that
facilitate effective early intervention and the
provision of comprehensive services, including mental
health screening and treatment and substance abuse
testing and treatment to such offenders;
(6) establishing and maintaining accountability-based
programs designed to enhance school safety; or
(7) establishing and maintaining restorative justice
programs.

While this list should not be construed as an exclusive
list, it is the view of the Committee that it generally
reflects the types of expenditures States and localities incur
in meeting the needs of their juvenile justice systems. These
programs are aimed at ensuring that juveniles receive
appropriate sanctions and face consequences for their
wrongdoing and at the same time receive the help they may need
to prevent future offenses. The States and localities have the
discretion to determine how best to use the grant money to meet
the needs of their juvenile justice systems.
Section 1802. Grant Eligibility.
Section 1802 establishes the eligibility criteria for
States and localities to receive funding under the grant
program. Section 1802(a) provides that States applying for
grant funds, must provide the Attorney General with information
about the proposed activities the State and its localities will
carry out with the grant and the criteria by which the State
proposes to assess the effectiveness of such activities on
achieving the purposes of this part. In addition, the applicant
must provide the Attorney General with assurances that the
State and any localities within the State that qualify for
funding have in effect, or will have in effect within 1 year of
submitting its application, policies and programs that provide
for a system of graduated sanctions as defined in Section
1802(c). The Attorney General also may require additional
information.
Section 1802(b) establishes the eligibility criteria for
localities, both within States which qualify for funding, and
within States that do not qualify or apply for funds, to
receive grant funds under the bill. Section 1802(b)(1)(A)
requires that the localities must provide information about the
activities the localities propose to carry out with the
subgrant and the criteria by which the locality proposes to
assess the effectiveness of such activities. Localities within
qualifying States must provide this information to the States.
Localities within non-qualifying States must provide this
information to the Attorney General.
Section 1802(b)(1)(B) requires that localities must provide
assurances that a system of graduated sanctions, as described
in section 1802(c), is or will be in effect within 1 year of
applying for the funds. While both the States and localities
must meet the same criteria, it is important to note that the
Committee recognizes that localities, by themselves, may be
unable to effect certain reforms. Section 1802(b)(1)(B)
reflects this distinction and provides that localities must
only provide assurances to the State that the four requirements
in section 1802(c) are being met ``to the maximum extent
applicable.'' It is also the Committee's view that localities
in non-qualifying States only need to assure the Attorney
General that they have in place policies or programs that meet
the four requirements in section 1802(c). The Committee's view
is that localities within qualifying States will almost always
qualify by virtue of the State qualifying.
Section 1802(c) describes four requirements that a system
of graduated sanctions must meet for an applicant to qualify
for the grant funds. The first requirement is that the
sanctions must be imposed on a juvenile offender for each
delinquent offense. Each time a court determines a juvenile has
committed a delinquent act, the court should hold the juvenile
responsible and accountable for his or her behavior. Juveniles
must be made to understand that there will be a consequence for
breaking the law. By beginning with the juvenile's first act of
delinquency, the goal is to prevent young offenders from
engaging in more serious wrongdoing later in their lives.
The second requirement is that the sanctions escalate in
intensity with each subsequent, more serious delinquent
offense. This type of system will help prevent recidivism and
break the cycle of delinquency that often leads juveniles into
more serious crimes in their late teens or early adult years.
The Committee recognizes that it will be difficult to precisely
measure the extent to which a State or locality ensures a
sanction for every delinquent or criminal act. It is the
Committee's view that a general assessment of the degree to
which such policies and practices are being carried out is a
sufficient basis for a State's or locality's determination.
The third requirement is that the system have sufficient
flexibility to allow for individualized sanctions and services
suited to the individual juvenile offender. It is the
Committee's view that the purpose of the juvenile justice
system remains principally one of rehabilitation. Accordingly,
the sanctions should be reasonable and appropriate in response
to the juvenile's history of offenses and the seriousness of
the offense in question. The courts should be flexible in
applying the sanctions to address the specific problems and
needs of the juvenile.
The fourth requirement is that the system accord
appropriate consideration to public safety and victims of
crime. The sanctions should have the goal of repairing harm to
the victims and the community and protecting the public from
future crimes.
Section 1802(d) provides that a State or locality may
qualify for the grant funds even if its system of graduated
sanctions is discretionary. As such, a State or locality does
not have to require all of its juvenile courts to impose
graduated sanctions or to impose them in every case. In States
and localities where the imposition of graduated sanctions is
discretionary, however, the juvenile courts that do not impose
graduated sanctions at all, or do not impose them in every
case, must report at least annually to the applicable State or
locality why graduated sanctions were not imposed in all such
cases. The State then must submit this information to the
Attorney General. The Committee recognizes that the juvenile
courts are already overburdened and it does not want to harm
the courts' ability to effectively and efficiently handle
juvenile cases through burdensome reporting requirements.
Therefore, it is the Committee's view that, to satisfy this
requirement, the non-participating courts may provide general
statements explaining the reasons why graduated sanctions were
not imposed in all cases.
Section 1802(e) defines the terms ``discretionary'' and
``sanctions.'' The term discretionary means that each and every
juvenile court in a State or locality does not have to impose a
system of graduated sanctions. The term sanctions means
tangible, proportional consequences that hold juvenile
offenders accountable for the offense committed. A sanction may
include, but is not limited to, counseling, restitution,
community service, a fine, supervised probation, or
confinement.
Section 1803. Allocation and Distribution of Funds.
Section 1803(a) provides that each State is to receive 0.25
percent of the total grant funds. The term ``State'' is defined
in new section 1809. The remaining funds are then to be
distributed among the States based the size of each State's
juvenile population.
Section 1803(b)(1) requires that a participating State must
distribute to its participating localities 75 percent of the
total grant funds the State receives. This ``pass-through''
provision is aimed at ensuring that localities receive most of
the funding when they bear most of the juvenile justice
expenditures.
Section 1803(b)(2) provides for a waiver of the pass-
through provision when the State is responsible for more than
25 percent of the total juvenile justice expenditures in the
State. The State may seek a waiver of the pass-through
requirement from the Attorney General so that it may keep a
share of the grant funds equal to its share of the total
expenditures in that State. If the State demonstrates that the
State's expenditures for the administration of juvenile justice
exceeded 25 percent of the total spent by the State and its
local governments for the administration of juvenile justice,
then the State may increase the amount of grant funds it keeps
to a level reflecting its share of the total expenditures.\13\
States may not request a waiver for more than the State's
relative share of the total juvenile justice expenditures in
that State.
---------------------------------------------------------------------------
\13\ For example, if a State's share is 35 percent, the State may
request a waiver to receive 35 percent of the grant funds.
---------------------------------------------------------------------------
Section 1803(b)(3) provides an allocation formula to
distribute the grant funding among the localities within a
State. The allocation formula is intended to provide maximum
resources to the localities that bear the largest burden in
administering the juvenile justice system in the participating
State. Under the formula, each State determines the amount that
each of its localities receives, based on a combination of
juvenile justice expenditures and the level of violent crime in
each locality. Reflecting the goal of providing more resources
to the localities with greater juvenile justice expenditures,
the formula places greater weight on the juvenile justice
expenditures than on the variable of the number of violent
crimes. It is the Committee's intent that States not have the
discretion to refuse to make a grant to localities that have
provided the requisite assurances, absent a good faith basis
for believing that the assurances provided are inaccurate.
Section 1803(b)(4) provides that a local government shall
not receive a subgrant of more than 100 percent of its juvenile
justice expenditures. When a locality would receive more than
100 percent of its juvenile justice expenditures from the
allocation formula, Section 1803(b)(5) allows the State to
reallocate any amount above 100 percent to other local
governments.
Section 1803(c) requires the State to investigate the
methodology used by a locality to determine the accuracy of the
locality's submitted data, if the State has reason to believe
such information is insufficient or inaccurate.
Section 1803(d) provides that States shall expend money on
services to localities whose allotments are less than $10,000.
The Committee is of the view that requiring localities
receiving allocations of less than $10,000 to comply with the
planning and reporting requirements of the act places a burden
on the localities that outweighs the benefit of the funds.
Accordingly, the bill requires States to withhold distribution
of any allocation that is less than $10,000. In such an event,
the State is required to combine all such allocations, and to
then expend the funds for the benefit of the localities that
did not receive allocations.
Section 1803(e) provides that the Attorney General will
reserve not more than 75 percent of the allocation that a non-
qualifying State would have received under section 1803(a) if
it had qualified. This reserve will be used to provide grants
to localities that meet the requirements for funding under
section 1802 even though they are in the non-qualifying States.
Section 1804. Guidelines.
Section 1804(a) requires the Attorney General to issue
guidelines establishing procedures under which a State or
locality that receives funds is required to provide notice
regarding the proposed use of funds made available under this
part.
Section 1804(b) requires an eligible State or locality to
establish an advisory board to review the proposed uses of such
funds. While the size of the board may be as large as State and
local government officials, determine, the members of the board
must include representatives of certain groups, as appropriate.
These groups are: State and local police departments,
prosecutor's offices, juvenile courts, probation offices,
educational agencies, and social service agencies; the local
sheriff's departments; nonprofit, nongovernmental victim
advocacy organizations; and nonprofit, religious or community
groups. The use of the phrase ``as appropriate'' is to make
clear that advisory board members may be drawn from State level
agencies or organizations, local level agencies or
organizations, or both, as determined by the State or local
officials, as the case may be.
Section 1805. Payment Requirements.
This section establishes various provisions regarding
payment of funds to eligible States and localities and
repayment of unexpended funds to the Attorney General. Section
1805(a) requires the Attorney General to pay out the grant
funds no later than 180 days after the date that the amount is
available or the first day of the payment period if the State
has provided the Attorney General with assurances required by
subsection (c). Section 1805(b) requires that a State or
locality that receives a grant directly from the Attorney
General repay the Attorney General any amount that is not
expended within a 36-month period beginning with the date of
the award. The Attorney General may extend this period for up
to 12 months, in appropriate cases. Failure to repay grants
amounts requires that the Attorney General to reduce future
payments to that State accordingly.
This section also limits grant recipients to using no more
than 5 percent of any grants funds received for administrative
costs. The section further requires that recipients may not
receive more than 90 percent of their total program costs. The
remaining funds must come from State or local funds. With
respect to construction costs, however, the State or unit of
local government must pay for half of the program cost.
Finally, the section makes it clear that grants funds are to be
used to supplement, and not supplant, State and local funds.
The purpose of the bill is enable States and localities to
strength their juvenile justice system through additional
spending, and not to allow them to shift State and local funds
to other uses.
Section 1806. Utilization of Private Sector.
This section provides that States or localities may use the
funds to contract with private, nonprofit entities or
community-based organizations to carry out the purposes of
section 1801.
Section 1807. Administrative Provisions.
This section establishes administrative provisions for
recipient States or localities that receive funds directly from
the Attorney General. The recipient of the funds must establish
a trust fund and deposit all payments received under this grant
program into that trust.
Section 1808. Assessment Reports.
Section 1808(a) requires that a State or locality that
receives the grant or subgrant funding must provide a report to
the Attorney General summarizing the activities carried out
with the funds and assessing the effectiveness of those
activities. This section also includes a waiver provision for
activities that are not practical to assess.
Section 1808(b) requires the Attorney General to submit a
report to Congress that includes a summary of the information
under section 1808(a) and an assessment by the Attorney General
of the grant program.
Section 1809. Definitions.
This section provides definitions of key terms used in the
legislation.
Section 1810. Authorization of Appropriations.
This section authorizes the appropriations of up to
$500,000,000 for each fiscal year from fiscal year 2002 through
fiscal year 2004. Of the amounts authorized to be appropriated,
the Attorney General may spend up to 2 percent for research,
evaluation and demonstration consistent with the grant program,
1 percent for training and technical assistance, and 1 percent
for administrative costs.

Section 3. Effective Date

Section 3 of the bill provides that the amendments made by
the bill take effect on the first day of the first fiscal year
that begins after enactment of the bill. This provision is
designed to help ensure a smooth transition from the JAIBG to
the JABG program.

Section 4. Transition of Juvenile Accountability Incentive Block Grants
Program

Section 4 of the bill provides that funds awarded under the
JAIBG program are to remain available to the grant recipients
for up to 36 months after the date of the receipt of the grant.
This provision complements section 3 of the bill and is to make
clear that recipients of JAIBG grants funds may continue to use
those funds for a period of up to 36 months after their receipt
of the funds, notwithstanding the replacement of the JAIBG
program with the JABG program.

Agency Views

Department of Justice,
Washington, DC, April 19, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This presents the views of the
Department of Justice on H.R. 863, the ``Consequences for
Juvenile Offenders Act of 2001,'' as ordered reported by the
Committee on the Judiciary.
H.R. 863 would amend Part ``R'' of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (``the Act'') (42
U.S.C. Sec. 3796, et seq.) to reauthorize, with various
changes, the Juvenile Accountability Incentive Block Grant
(``JAIBG'') program.\1\ In particular, the bill would authorize
the Attorney General to make grants to States, for use by
States and units of local government (including qualifying
Indian tribes and Alaskan Native villages) for 16 specified
purposes (e.g., developing and implementing graduated sanctions
for juvenile offenders; building or renovating juvenile
correctional facilities; hiring juvenile court judges,
probation officers, and court-appointed defenders; and
establishing juvenile gun courts). Section 1810 of the act
would authorize appropriations of $500 million for each of
fiscal years 2002 through 2004. Appropriations for activities
authorized by the bill would be permitted to be made from the
Violent Crime Reduction Trust Fund.
---------------------------------------------------------------------------
\1\ The existing program being reauthorized is entitled the
``Juvenile Accountability Incentive Block Grants`` (``JAIBG'') program.
The bill would redesignate the program as the ``Juvenile Accountability
Block Grant'' (``JABG'') program.
---------------------------------------------------------------------------
We support enactment of H.R. 863. In our view, the JAIBG
program has proven to be an effective and efficient way to
assist State and local governments in combating juvenile crime
and should therefore be continued beyond its current expiration
date of October 1, 2001. We do, however, have a number of
concerns about provisions of the bill as they are currently
drafted. These concerns--and other detailed comments--are set
forth in an enclosure to this letter.
We look forward to working with you on this important
legislation. We trust that you will not hesitate to call upon
us if we may be of additional assistance with this or any other
matter. The Office of Management and Budget has advised that
there is no objection from the standpoint of the
Administration's program to the presentation of this report.
Sincerely,
Sheryl L. Walter, Acting Assistant Attorney General.

cc:
John Conyers, Jr.
Ranking Member

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):

OMNIBUS CRIME CONTROL AND

SAFE STREETS ACT OF 1968

* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT

* * * * * * *

[PART R--CERTAIN PUNISHMENT

FOR YOUNG OFFENDERS

[SEC. 1801. GRANT AUTHORIZATION.

[(a) In General.--The Attorney General may make grants
under this part to States, for the use by States and units of
local government, for the purpose of developing alternative
methods of punishment for young offenders to traditional forms
of incarceration and probation.
[(b) Alternative Methods.--The alternative methods of
punishment referred to in subsection (a) should ensure certain
punishment for young offenders and promote reduced recidivism,
crime prevention, and assistance to victims, particularly for
young offenders who can be punished more effectively in an
environment other than a traditional correctional facility,
including----
[(1) alternative sanctions that create
accountability and certain punishment for young
offenders;
[(2) restitution programs for young offenders;
[(3) innovative projects, such as projects
consisting of education and job training activities for
incarcerated young offenders, modeled, to the extent
practicable, after activities carried out under part B
of title IV of the Job Training Partnership Act or
subtitle C of title I of the Workforce Investment Act
of 1998 (relating to Job Corps) and projects that
provide family counseling;
[(4) correctional options, such as community-based
incarceration, weekend incarceration, and electronic
monitoring of offenders;
[(5) community service programs that provide work
service placement for young offenders at non-profit,
private organizations and community organizations;
[(6) innovative methods that address the problems
of young offenders convicted of serious substance abuse
(including alcohol abuse) and gang-related offenses;
and
[(7) adequate and appropriate after care programs
for young offenders, such as substance abuse treatment,
education programs, vocational training, job placement
counseling, family counseling and other support
programs upon release.

[SEC. 1802. STATE APPLICATIONS.

[(a) In General.----
[(1) Submission of application.--To request a grant
under this part, the chief executive of a State shall
submit an application to the Attorney General in such
form and containing such information as the Attorney
General may reasonably require.
[(2) Assurances.--An application under paragraph
(1) shall include assurances that Federal funds
received under this part shall be used to supplement,
not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
[(b) State Office.--The office designated under section
507----
[(1) shall prepare the application as required
under subsection (a); and
[(2) shall administer grant funds received under
this part, including review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.

[SEC. 1803. REVIEW OF STATE APPLICATIONS.

[(a) In General.--The Attorney General shall make a grant
under section 1801(a) to carry out the projects described in
the application submitted by such applicant under section 1802
upon determining that----
[(1) the application is consistent with the
requirements of this part; and
[(2) before the approval of the application, the
Attorney General has made an affirmative finding in
writing that the proposed project has been reviewed in
accordance with this part.
[(b) Approval.--Each application submitted under section
1802 shall be considered approved, in whole or in part, by the
Attorney General not later than 45 days after first received
unless the Attorney General informs the applicant of specific
reasons for disapproval.
[(c) Restriction.--Grant funds received under this part
shall not be used for land acquisition or construction
projects, other than alternative facilities described in
section 1801(b).
[(d) Disapproval Notice and Reconsideration.--The Attorney
General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity
for reconsideration.

[SEC. 1804. LOCAL APPLICATIONS.

[(a) In General.----
[(1) Submission of application.--To request funds
under this part from a State, the chief executive of a
unit of local government shall submit an application to
the office designated under section 1802(b).
[(2) Approval.--An application under paragraph (1)
shall be considered to have been approved, in whole or
in part, by the State not later than 45 days after such
application is first received unless the State informs
the applicant in writing of specific reasons for
disapproval.
[(3) Disapproval.--The State shall not disapprove
any application submitted to the State without first
affording the applicant reasonable notice and an
opportunity for reconsideration.
[(4) Effect of approval.--If an application under
subsection (a) is approved, the unit of local
government is eligible to receive funds under this
part.
[(b) Distribution to Units of Local Government.--A State
that receives funds under section 1801 in a fiscal year shall
make such funds available to units of local government with an
application that has been submitted and approved by the State
within 45 days after the Attorney General has approved the
application submitted by the State and has made funds available
to the State. The Attorney General may waive the 45-day
requirement in this section upon a finding that the State is
unable to satisfy such requirement under State statutes.

[SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.

[(a) State Distribution.--Of the total amount appropriated
under this part in any fiscal year----
[(1) 0.4 percent shall be allocated to each of the
participating States; and
[(2) of the total funds remaining after the
allocation under paragraph (1), there shall be
allocated to each of the participating States an amount
which bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number of
young offenders in all the participating States.
[(b) Local Distribution.----
[(1) In general.--A State that receives funds under
this part in a fiscal year shall distribute to units of
local government in such State for the purposes
specified under section 1801 that portion of such funds
which bears the same ratio to the aggregate amount of
such funds as the amount of funds expended by all units
of local government for correctional programs in the
preceding fiscal year bears to the aggregate amount of
funds expended by the State and all units of local
government in such State for correctional programs in
such preceding fiscal year.
[(2) Undistributed funds.--Any funds not
distributed to units of local government under
paragraph (1) shall be available for expenditure by
such State for purposes specified under section 1801.
[(3) Unused funds.--If the Attorney General
determines, on the basis of information available
during any fiscal year, that a portion of the funds
allocated to a State for such fiscal year will not be
used by such State or that a State is not eligible to
receive funds under section 1801, the Attorney General
shall award such funds to units of local government in
such State giving priority to the units of local
government that the Attorney General considers to have
the greatest need.
[(c) General Requirement.--Notwithstanding subsections (a)
and (b), not less than two-thirds of funds received by a State
under this part shall be distributed to units of local
government unless the State applies for and receives a waiver
from the Attorney General.
[(d) Federal Share.--The Federal share of a grant made
under this part may not exceed 75 percent of the total costs of
the projects described in the application submitted under
section 1802(a) for the fiscal year for which the projects
receive assistance under this part.
[(e) Consideration.--Notwithstanding subsections (a) and
(b), in awarding grants under this part, the Attorney General
shall consider as a factor whether a State has in effect
throughout such State a law or policy that requires that a
juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a
firearm or weapon on school property----
[(1) be suspended from school for a reasonable
period of time; and
[(2) lose driving license privileges for a
reasonable period of time.
[(f) Definition.--For purposes of this part, ``juvenile''
means a person 18 years of age or younger.

[SEC. 1806. EVALUATION.

[(a) In General.----
[(1) Submission to the director.--Each State and
unit of local government that receives a grant under
this part shall submit to the Attorney General an
evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney
General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded
by the grant.
[(2) Waiver.--The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney
General determines that such evaluation is not
warranted in the case of the State or unit of local
government involved.
[(b) Distribution.--The Attorney General shall make
available to the public on a timely basis evaluations received
under subsection (a).
[(c) Administrative Costs.--A State or unit of local
government may use not more than 5 percent of funds it receives
under this part to develop an evaluation program under this
section.]

PART R--JUVENILE ACCOUNTABILITY

BLOCK GRANTS

SEC. 1801. PROGRAM AUTHORIZED.

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

SEC. 1802. GRANT ELIGIBILITY.

(a) State Eligibility.--To be eligible to receive a grant
under this section, a State shall submit to the Attorney
General an application at such time, in such form, and
containing such assurances and information as the Attorney
General may require by guidelines, including----
(1) information about----
(A) the activities proposed to be carried
out with such grant; and
(B) the criteria by which the State
proposes to assess the effectiveness of such
activities on achieving the purposes of this
part; and
(2) assurances that the State and any unit of local
government to which the State provides funding under
section 1803(b), has in effect (or shall have in
effect, not later than 1 year after the date that the
State submits such application) laws, or has
implemented (or shall implement, not later than 1 year
after the date that the State submits such application)
policies and programs, that provide for a system of
graduated sanctions described in subsection (c).
(b) Local Eligibility.----
(1) Subgrant eligibility.--To be eligible to
receive a subgrant, a unit of local government, other
than a specially qualified unit, shall provide to the
State----
(A) information about----
(i) the activities proposed to be
carried out with such subgrant; and
(ii) the criteria by which the unit
proposes to assess the effectiveness of
such activities on achieving the
purposes of this part; and
(B) such assurances as the State shall
require, that, to the maximum extent
applicable, the unit of local government has in
effect (or shall have in effect, not later than
1 year after the date that the unit submits
such application) laws, or has implemented (or
shall implement, not later than 1 year after
the date that the unit submits such
application) policies and programs, that
provide for a system of graduated sanctions
described in subsection (c).
(2) Special rule.--The requirements of paragraph
(1) shall apply to a specially qualified unit that
receives funds from the Attorney General under section
1803(e), except that information that is otherwise
required to be submitted to the State shall be
submitted to the Attorney General.
(c) Graduated Sanctions.--A system of graduated sanctions,
which may be discretionary as provided in subsection (d), shall
ensure, at a minimum, that----
(1) sanctions are imposed on a juvenile offender
for each delinquent offense;
(2) sanctions escalate in intensity with each
subsequent, more serious delinquent offense;
(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender; and
(4) appropriate consideration is given to public
safety and victims of crime.
(d) Discretionary Use of Sanctions.----
(1) Voluntary participation.--A State or unit of
local government may be eligible to receive a grant
under this part if----
(A) its system of graduated sanctions is
discretionary; and
(B) it demonstrates that it has promoted
the use of a system of graduated sanctions by
taking steps to encourage implementation of
such a system by juvenile courts.
(2) Reporting requirement if graduated sanctions
not used.----
(A) Juvenile courts.--A State or unit of
local government in which the imposition of
graduated sanctions is discretionary shall
require each juvenile court within its
jurisdiction--
(i) which has not implemented a
system of graduated sanctions, to
submit an annual report that explains
why such court did not implement
graduated sanctions; and
(ii) which has implemented a system
of graduated sanctions but has not
imposed graduated sanctions in all
cases, to submit an annual report that
explains why such court did not impose
graduated sanctions in all cases.
(B) Units of local government.--Each unit
of local government, other than a specially
qualified unit, that has 1 or more juvenile
courts that use a discretionary system of
graduated sanctions shall collect the
information reported under subparagraph (A) for
submission to the State each year.
(C) States.--Each State and specially
qualified unit that has 1 or more juvenile
courts that use a discretionary system of
graduated sanctions shall collect the
information reported under subparagraph (A) for
submission to the Attorney General each year. A
State shall also collect and submit to the
Attorney General the information collected
under subparagraph (B).
(e) Definitions.--For purposes of this section:
(1) The term ``discretionary'' means that a system
of graduated sanctions is not required to be imposed by
each and every juvenile court in a State or unit of
local government.
(2) The term ``sanctions'' means tangible,
proportional consequences that hold the juvenile
offender accountable for the offense committed. A
sanction may include counseling, restitution, community
service, a fine, supervised probation, or confinement.

SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

(a) State Allocation.----
(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as
provided in paragraph (3), the Attorney General shall
allocate----
(A) 0.25 percent for each State; and
(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is
available bears to the population of people
under the age of 18 of all the States for such
fiscal year.
(2) Prohibition.--No funds allocated to a State
under this subsection or received by a State for
distribution under subsection (b) may be distributed by
the Attorney General or by the State involved for any
program other than a program contained in an approved
application.
(b) Local Distribution.----
(1) In general.--Except as provided in paragraph
(2), each State which receives funds under subsection
(a)(1) in a fiscal year shall distribute among units of
local government, for the purposes specified in section
1801, not less than 75 percent of such amounts
received.
(2) Waiver.--If a State submits to the Attorney
General an application for waiver that demonstrates and
certifies to the Attorney General that----
(A) the State's juvenile justice
expenditures in the fiscal year preceding the
date in which an application is submitted under
this part (the ``State percentage'') is more
than 25 percent of the aggregate amount of
juvenile justice expenditures by the State and
its eligible units of local government; and
(B) the State has consulted with as many
units of local government in such State, or
organizations representing such units, as
practicable regarding the State's calculation
of expenditures under subparagraph (A), the
State's application for waiver under this
paragraph, and the State's proposed uses of
funds,
the percentage referred to in paragraph (1) shall equal
the percentage determined by subtracting the State
percentage from 100 percent.
(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units
of local government an amount which bears the same
ratio to the aggregate amount of such funds as----
(A) the sum of----
(i) the product of----
(I) three-quarters;
multiplied by
(II) the average juvenile
justice expenditure for such
unit of local government for
the 3 most recent calendar
years for which such data is
available; plus
(ii) the product of----
(I) one-quarter; multiplied
by
(II) the average annual
number of part 1 violent crimes
in such unit of local
government for the 3 most
recent calendar years for which
such data is available, bears
to----
(B) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a
payment period shall not exceed 100 percent of juvenile
justice expenditures of the unit for such payment
period.
(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such
unit by operation of paragraph (4) shall be available
to other units of local government that are not
affected by such operation in accordance with this
subsection.
(c) Unavailability of Data for Units of Local Government.--
If the State has reason to believe that the reported rate of
part 1 violent crimes or juvenile justice expenditures for a
unit of local government is insufficient or inaccurate, the
State shall----
(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
(2) if necessary, use the best available comparable
data regarding the number of violent crimes or juvenile
justice expenditures for the relevant years for the
unit of local government.
(d) Local Government With Allocations Less Than $10,000.--
If under this section a unit of local government is allocated
less than $10,000 for a payment period, the amount allotted
shall be expended by the State on services to units of local
government whose allotment is less than such amount in a manner
consistent with this part.
(e) Direct Grants to Specially Qualified Units.----
(1) In general.--If a State does not qualify or
apply for funds reserved for allocation under
subsection (a) by the application deadline established
by the Attorney General, the Attorney General shall
reserve not more than 75 percent of the allocation that
the State would have received under subsection (a) for
such fiscal year to provide grants to specially
qualified units which meet the requirements for funding
under section 1802.
(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified
units the Attorney General may use the average amount
allocated by the States to units of local government as
a basis for awarding grants under this section.

SEC. 1804. GUIDELINES.

(a) In General.--The Attorney General shall issue
guidelines establishing procedures under which a State or unit
of local government that receives funds under section 1803 is
required to provide notice to the Attorney General regarding
the proposed use of funds made available under this part.
(b) Advisory Board.--The guidelines referred to in
subsection (a) shall include a requirement that such eligible
State or unit of local government establish and convene an
advisory board to review the proposed uses of such funds. The
board shall include representation from, if appropriate----
(1) the State or local police department;
(2) the local sheriff's department;
(3) the State or local prosecutor's office;
(4) the State or local juvenile court;
(5) the State or local probation officer;
(6) the State or local educational agency;
(7) a State or local social service agency;
(8) a nonprofit, nongovernmental victim advocacy
organization; and
(9) a nonprofit, religious, or community group.

SEC. 1805. PAYMENT REQUIREMENTS.

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

SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

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

SEC. 1807. ADMINISTRATIVE PROVISIONS.

(a) In General.--A State or specially qualified unit that
receives funds under this part shall----
(1) establish a trust fund in which the government
will deposit all payments received under this part;
(2) use amounts in the trust fund (including
interest) during the period specified in section
1805(b)(1) and any extension of that period under
section 1805(b)(2);
(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney
General reasonably requires, in addition to the annual
reports required under this part; and
(4) spend the funds only for the purposes under
section 1801(b).
(b) Title I Provisions.--Except as otherwise provided, the
administrative provisions of part H shall apply to this part
and for purposes of this section any reference in such
provisions to title I shall be deemed to include a reference to
this part.

SEC. 1808. ASSESSMENT REPORTS.

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

SEC. 1809. DEFINITIONS.

For purposes of this part:
(1) The term ``unit of local government'' means----
(A) a county, township, city, or political
subdivision of a county, township, or city,
that is a unit of local government as
determined by the Secretary of Commerce for
general statistical purposes;
(B) any law enforcement district or
judicial enforcement district that----
(i) is established under applicable
State law; and
(ii) has the authority, in a manner
independent of other State entities, to
establish a budget and raise revenues;
and
(C) the District of Columbia and the
recognized governing body of an Indian tribe or
Alaskan Native village that carries out
substantial governmental duties and powers.
(2) The term ``specially qualified unit'' means a
unit of local government which may receive funds under
this part only in accordance with section 1803(e).
(3) The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands,
except that American Samoa, Guam, and the Northern
Mariana Islands shall be considered as 1 State and
that, for purposes of section 1803(a), 33 percent of
the amounts allocated shall be allocated to American
Samoa, 50 percent to Guam, and 17 percent to the
Northern Mariana Islands.
(4) The term ``juvenile'' means an individual who
is 17 years of age or younger.
(5) The term ``juvenile justice expenditures''
means expenditures in connection with the juvenile
justice system, including expenditures in connection
with such system to carry out----
(A) activities specified in section
1801(b); and
(B) other activities associated with
prosecutorial and judicial services and
corrections as reported to the Bureau of the
Census for the fiscal year preceding the fiscal
year for which a determination is made under
this part.
(6) The term ``part 1 violent crimes'' means murder
and nonnegligent manslaughter, forcible rape, robbery,
and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform
Crime Reports.

SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part----
(1) $500,000,000 for fiscal year 2002;
(2) $500,000,000 for fiscal year 2003; and
(3) $500,000,000 for fiscal year 2004.
(b) Oversight Accountability and Administration.--Of the
amount authorized to be appropriated under subsection (a),
there shall be available to the Attorney General, for each of
the fiscal years 2002 through 2004 (as applicable), to remain
available until expended----
(1) not more than 2 percent of that amount, for
research, evaluation, and demonstration consistent with
this part;
(2) not more than 1 percent of that amount, for
training and technical assistance; and
(3) not more than 1 percent, for administrative
costs to carry out the purposes of this part.
The Attorney General shall establish and execute an oversight
plan for monitoring the activities of grant recipients.
(c) Funding Source.--Appropriations for activities
authorized in this part may be made from the Violent Crime
Reduction Trust Fund.

* * * * * * *

Markup Transcript

BUSINESS MEETING

WEDNESDAY, MARCH 28, 2001

House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10 a.m., in Room
2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner (chairman of the committee) presiding.
Chairman Sensenbrenner. The next item on the agenda is H.R.
863, the Consequences for Juvenile Offenders Act of 2001.
[H.R. 863 follows:]

Chairman Sensenbrenner. The Chair recognizes the gentleman
from Texas, the Chairman of the Subcommittee on Crime, for a
motion.
Mr. Smith of Texas. Mr. Chairman, the Subcommittee on Crime
reports favorably the bill H.R. 863 with a single amendment in
the nature of a substitute and moves its favorable
recommendation to the full House.
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point, and the
Subcommittee amendment in the nature of a substitute which the
members have before them will be considered as read and be
considered as the original text for purposes of amendment.
The Chair recognizes--the gentleman from Michigan.
Mr. Conyers. Mr. Chairman, I rise to strike the last word.
Chairman Sensenbrenner. May I recognize the gentleman from
Texas who is the Subcommittee Chair?
Mr. Conyers. Absolutely.
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Texas, the Subcommittee Chair, on his motion for 5
minutes.
Mr. Smith of Texas. Mr. Chairman, H.R. 863, the
Consequences for Juvenile Offenders Act of 2001, is designed to
improve the juvenile justice system. It is a bipartisan bill
cosponsored by every member of the Crime Subcommittee. H.R. 863
was reported favorably by the Subcommittee last week by voice
vote.
Two weeks ago at a hearing on this bill, our witnesses
confirmed the need for the Federal Government to assist State
and local governments with preventing and responding to
juvenile crime. This bill does just that.
Mr. Chairman, in the interest of time, I would like to ask
unanimous consent that the rest of my statement be made a part
of the record.
Chairman Sensenbrenner. Without objection.
[The statement of Mr. Smith of Texas follows:]
Prepared Statement of Hon. Lamar Smith, a Representative in Congress
From the State of Texas
Mr. Chairman, H.R. 863, the ``Consequences for Juvenile Offenders
Act of 2001,'' is designed to improve the juvenile justice system. It
is a bipartisan bill, co-sponsored by every member of the Crime
Subcommittee. H.R. 863 was reported favorably by the Subcommittee last
week by voice vote.
Two weeks ago at a hearing on this bill, our witnesses confirmed
the need for the Federal Government to assist State and local
governments with preventing and responding to juvenile crime. This bill
does just that.
H.R. 863 authorizes the Justice Department to make grants to State
and local governments to employ graduated sanctions in their juvenile
justice system. The bill authorizes $500 million annually for three
years beginning in fiscal year 2002.
To receive these grant funds, States and local governments must
have in place, or plan to implement, a system of graduated sanctions
for addressing juvenile delinquency within one year of applying for the
funds. The sanctions must escalate in intensity with each subsequent,
more serious offense.
The bill also requires that the system be sufficiently flexible to
address the specific problems of the individual offender. H.R. 863 is a
balanced effort to strengthen juvenile justice systems so that
appropriate, measured consequences are imposed on juveniles at the
earliest stage to prevent young offenders from engaging in more serious
wrongdoing later in their lives.
The bill authorizes that each State's share of the grant funds is
based on the size of each State's juvenile populations. The State must
distribute 75 percent of the funds among its local governments. The
State determines the amount each of its local governments receives
based on a formula that takes into account a combination of juvenile
justice expenditures and the level of violent crime in each unit of
local government.
If the State demonstrates that the State's expenditures for the
administration of juvenile justice exceeded 25 percent of the total
spent by the State and its local governments for the administration of
juvenile justice, then the State's share of funding is increased to a
level reflecting its share of the total expenditures. So if its share
is 35 percent, the State may request a waiver to receive 35 percent.
The bill requires all of the grant money to be used to strengthen
the juvenile justice system and includes a number of specific uses for
the funds, such as developing graduated sanctions, building and
operating juvenile corrections facilities, and hiring juvenile court
judges and prosecutors.
Mr. Chairman, this grant program seeks to encourage our juvenile
justice system to pay more attention to juvenile offenders at earlier
times in their lives with the aim of preventing more serious offenses
later. With this approach, we hope to ensure that juvenile offenders
learn that there are consequences for their actions. I urge my
colleagues to support the bill.

Mr. Smith of Texas. And Mr. Chairman, I furthermore would
like to add my thanks to Mr. Scott, the Ranking Member, for his
work on this bill, which began several years ago.
And I yield back the balance of my time.
Chairman Sensenbrenner. The gentleman from Michigan, Mr.
Conyers.
Mr. Conyers. Mr. Chairman, I rise to strike the last word.
Chairman Sensenbrenner. Recognized for 5 minutes.
Mr. Conyers. Of course I support H.R. 863 and I commend Mr.
Scott and the Subcommittee Chairman, Mr. Smith. Their tireless
efforts have created a bill that we are all together on.
But over the last several Congresses, we've debated the
get-tough approach versus the prevention and treatment approach
to addressing juvenile crime. This measure reflects the advice
of the researchers and expert practitioners who are unanimous
on the point that more--that more resources are needed for
appropriate individually tailored responses to juvenile crime.
The measure before us is not a one-size-fits-all approach
but a substantive bipartisan approach that actually will reduce
crime and delinquency where it occurs, and that's why we all
support it.
My view also is that juvenile justice is also about gun
safety. I understand clearly that the sponsors of the bill have
valid concerns that introducing the issue of gun violence into
the debate would foster differences of view and jeopardize good
legislation. They are correct that the Republican leadership
bottled up this bill in a conference committee last year
largely in an effort, I am told, to avoid addressing gun
violence.
But I believe that preventing juvenile crime is about
thwarting easy access to guns, just as much as it is about
prevention programs and services for at-risk youth. Ten
children a day are killed by gun violence. The shooters at
Columbine High School were provided a gun largely because of
the lack of any background check by licensed sellers at gun
shows. We continue to witness unspeakable horrors every week as
children open fire on their classmates. You all read and see
them weekly.
The Nation stands ready to require a child safety lock on
every gun. I think most Members of Congress are ready as well.
But the Congress ignores the cries of the children and their
parents.
I know that the National Rifle Association's publicity
machines have been spinning in high gear since the election to
perpetuate the myth that gun safety is a losing political
issue. The facts are, of course, that the NRA targeted
countless House and Senate seats and lost nearly every single
one. So gather your courage, my colleagues. Bit by bit, the
tide is turning.
Governor Pataki, New York, has proposed far more ambitious
gun safety measures than those that were bottled up by the
Republican leadership this year. Senator McCain and Lieberman
are attempting to find common ground on this issue as we speak.
But regardless of the politics, I and others feel that we
cannot back down on this issue because it is the logical and
correct position to take, and if we really do not want to leave
any child behind, we cannot allow so many children to be killed
in senseless and preventable acts of gun violence. Too many
families have lived through this unthinkable experience of
burying their own children for us not to act.
I would have offered amendments to this bill, reasonable
and moderate measures passed by the Senate in the last
Congress, the gun show background checks, child safety locks, a
ban on the importation of large-capacity ammunition clips and a
juvenile Brady, but because of our parliamentary rules, I am
not able to do so. But let's all stay tuned for further
complementary support to this excellent measure before us.
Thank you very much.
Chairman Sensenbrenner. The gentleman's time has expired.
The gentleman from Virginia, Mr. Scott.
Mr. Scott. Thank you, Mr. Chairman. And I look forward to
the next round of legislation that the gentleman from Michigan
will be introducing.
This bill before us today is a product of witnesses who
presented a clear consensus that rather than moving children
out of the juvenile system into the adult system, more
resources were needed in the juvenile system for appropriate
individually tailored responses at the first offense, not the
fifth offense, that allowed broader choices than traditional
limitations of either probation or incarceration.
We received that same advice from witnesses who appeared
before the bipartisan Task Force on Youth Violence which was
appointed by Speaker Hastert and Leader Gephardt to come up
with a bipartisan recommendation to deal with juvenile
violence.
In the same manner recommended by these witnesses, the bill
before us today provides resources to be used to both hold the
juvenile offenders accountable for their actions and to
adequately address their needs for services, starting with an
appropriate response when the delinquent offense first occurs
and escalating the level of response upon any succeeding
offense until the problem is eliminated.
Appropriate responses could consist of punishment, family
and individual counseling or other mental health services, drug
treatment, or other assistance individual-tailored for the
individual juvenile.
Mr. Chairman, we have a good bill with bipartisan support,
so I would hope that the members of the Committee would report
the bill.
Chairman Sensenbrenner. Let the Chair observe that we are
about 10 minutes away from a vote and I don't think we can get
people back after this vote. So----
Mr. Smith of Texas. Mr. Chairman?
Chairman Sensenbrenner. For what purpose does the gentleman
from Texas, Mr. Smith, seek recognition for a manager's
amendment?
Mr. Smith of Texas. Mr. Chairman, I have an amendment at
the desk if that's appropriate.
Chairman Sensenbrenner. The Clerk will report the
amendment.
[Amendment to the Amendment in the Nature of a Substitute
to H.R. 863 Offered By Mr. Smith of Texas follows:]

The Clerk. Amendment to the amendment in the nature of a
substitute to H.R. 863 as reported by the Subcommittee on
Crime----
Mr. Smith of Texas. Mr. Chairman, I ask unanimous consent
that the amendment be considered as read.
Chairman Sensenbrenner. Without objection, so ordered, and
the gentleman from Texas is recognized for 5 minutes.
Mr. Smith of Texas. Mr. Chairman, I offer this amendment on
behalf of myself and Mr. Scott, the Ranking Member of the Crime
Subcommittee. It is the result of close cooperation between the
majority and minority staffs of the Subcommittee.
The amendment makes a number of discrete changes to the
bill that are designed to better direct grants to the areas of
greatest need and also to ensure that recipients of the grants
have sufficient flexibility to use the funds productively.
Mr. Chairman, I will ask unanimous consent that the rest of
my statement be made a part of the record and I recommend that
my colleagues support the amendment.
Chairman Sensenbrenner. Without objection, so ordered.
[The statement of Mr. Smith of Texas in Support of
Manager's Amendment to H.R. 863 follows:]
Prepared Statement of Hon. Lamar Smith, a Representative in Congress
From the State of Texas
Mr. Chairman, I offer this Amendment on behalf of myself and Mr.
Scott, the ranking member of the Crime Subcommittee. It is the result
of close cooperation between the majority and minority staffs of the
Subcommittee.
The Amendment makes a number of discreet changes to the bill that
are designed to better direct grants to the areas of greatest need, and
also to ensure that recipients of the grants have sufficient
flexibility to use the funds productively.
The most important of these changes are the following:

The Amendment modifies that portion of the bill that
requires each participating State to distribute 75 percent of
its grant funds to local governments. This pass-through
provision is necessary because local governments pay for much
of the juvenile justice expenditures. However, in the event
that the State government is responsible for more than 25
percent of the total juvenile justice expenditures in the
State, the State may seek a waiver from the Attorney General of
the pass-through requirement so that it can keep a share of the
grant funds equal to its share of the total expenditures in
that State.

The Amendment also modifies the formula by which a
State determines the amount of the passed-through funds to be
distributed among its local governments. The changes made to
this formula will use juvenile justice expenditures, rather
than adult crime expenditures, as a means to determine the
areas of greatest need for distributing the funds granted by
the bill.

The Amendment also adds two additional activities for
which the bill's grant funds may be used. First, the Amendment
will allow the grant funds to be used to establish and maintain
programs to enable juvenile courts and juvenile probation
officers to be more effective and efficient in holding juvenile
offenders accountable. Second, the Amendment will allow grant
funds to be used to hire and train juvenile detention and
corrections personnel. While the underlying bill provides for
the hiring and training of court personnel and prosecutors, it
made no specific provision for using grants funds to hire the
corrections personnel.

Finally, the underlying bill contains a cost-sharing
provision that requires grant recipients to pay for 10 percent
of costs of any programs paid for with grant funds. The
Amendment would require State and local governments using grant
funds for the construction of facilities to pay at least 50
percent of the cost with non-grant funds. This provisions is
consistent with the approach taken in other grant programs.

Mr. Chairman, I believe this Amendment strengthens the bill and
urge my colleagues to support.

Chairman Sensenbrenner. The gentleman from Massachusetts,
Mr. Delahunt.
Mr. Delahunt. Yes. And I'll try to be brief, Mr. Chairman,
but I just want to commend both the Chairman and the Ranking
Member for a very sound piece of legislation. This isn't get-
tough legislation; this is doing it smartly, doing it
intelligently.
You know, in the course of the past several months, we've
heard a lot about bipartisanship, working together. The
rhetoric seems to have improved somewhat. But let me suggest in
terms of what I have seen that has an excellent opportunity to
pass this Congress, this is the first piece that I would
suggest is truly bipartisan, it's very positive, I think
continues--it continues the recommendations and the concepts
that were embraced about a year ago in the so-called bipartisan
Task Force on Youth Violence that received unanimous support.
It was comprised of eleven members on the Republican side and
eleven members on the Democratic side.
I support the Manager's Amendment. I would hope to work
with the Chair of the Subcommittee on possibly an amendment
before the bill goes to the floor or on the floor dealing
simply with the issues--the issue of findings, because I think
it's very important that the American people should be aware
that there is good news out there, and hopefully this
legislation would continue to support the dramatic reduction in
juvenile crime that is occurring in this country.
You know, I think it was--since 1993, there has been a
close to 70 percent decline in juvenile homicides. Now, I don't
think the American people really understand that because the
perception is to the contrary. But I think it's time that we as
their representatives inform the Nation that this approach and
these kind of efforts are working, they're working at the State
level, and that we're stepping up to support their continuation
and, in fact, their enhancement.
Mr. Delahunt. I yield back.
Chairman Sensenbrenner. The gentleman from California, Mr.
Gallegly.
Mr. Gallegly. Thank you very much, Mr. Chairman. I'll be
very brief. I just want to publicly thank Chairman Smith for
his help in working with us on a provision in the manager's
amendment dealing with the increase of training for
correctional officers working with juveniles. And I would ask
unanimous consent to have my statement in its complete form for
the record.
Chairman Sensenbrenner. Without objection.
[The statement of Mr. Gallegly follows:]
Prepared Statement of Hon. Elton Gallegly, a Representative in Congress
From the State of California
Mr. Chairman, I would like to commend Mr. Smith, the new chairman
of the Subcommittee on Crime, for working with me and including a
provision in the manager's amendment that I believe strengthens the
bill.
The language would allow grant money to be used by state and local
governments, at their discretion, to increase training for correctional
officers working in juvenile facilities or to increase the ratio of
officers to inmates.
This language is needed because juvenile correctional facilities
have become increasingly dangerous--both to correctional officers and
the juvenile detainees. According to the U.S. Department of Justice, in
1997 over 33% of the juveniles in facilities nationwide were sentenced
for committing violent offenses. In California, 60% of the total first
admissions in the juvenile system during 1997 were for violent
offenses, including many that were gang-related.
At the same time, as juvenile detainees have become more violent,
many state and local governments simply do not have the ability to hire
enough correctional officers to ensure the safe operation of its
juvenile facilities. When this happens, correctional officers are
unable to gather the intelligence necessary to prevent violent
incidents or provide sufficient backup when an incident occurs.
This problem is compounded by a lack of proper training on the part
of correctional officers in many state and local facilities. Adequate
training is necessary to protect our citizens from escapes, to protect
the lives of correctional officers and wards, and to ensure that
juveniles are provided the services they need.
Once again, these provisions allow--but not require--state and
local governments to use funds to hire additional staff for
correctional and detention facilities and provide correctional officers
additional training.
This language is supported by the California Correctional Peace
Officers Association and the members of Corrections U.S.A, a national
coalition of over 80,000 correctional officers in forty states.
Thank you Mr. Chairman and I yield back the balance of my time.

Chairman Sensenbrenner. The gentlewoman from Texas, Ms.
Jackson Lee.
Ms. Jackson Lee. Yes, Mr. Chairman, thank you very much.
Let me add my appreciation to Chairman Smith and Ranking Member
Scott. This is a long journey. I hope that we will find in the
107th Congress the ability to pass this legislation.
It was about 6 years ago when Ranking Member Scott and
myself, along with other members of the Crime Subcommittee, and
then the then-chairman, Mr. McCollum, traveled the country to
hear people talk about the issues dealing with juvenile crime.
At that point there was a lot of hysteria, and the approaches
dealt mostly with incarceration.
And I think if we look at the statistics, and as Mr. Scott
has said, in joining him on the House Task Force on Juvenile
Violence, all of those experts said that we need intervention
and prevention. And despite the public perception of high
levels of juvenile violence, only 8 percent of juvenile
offenses in 1994 were violent crimes, yet thousands of young
people are incarcerated. And at one point in this very
Committee, Mr. Chairman, we were talking about incarcerating
young people with adults.
I do want to add the point that we have had an increase of
utilization by young people of guns. Whether or not it is
pervasive, it still happens, and deaths do occur. I hope that
we'll find it in our conscience and in our hearts and minds, to
move legislation along that deals with gun safety. That's what
I'd like to call it. I don't call it gun regulation, but gun
safety. In doing that, I think we'll have a wonderful balance
to this legislation.
In concluding, let me say that I thank both the Ranking
Member and the Chairman for including an amendment of mine in
the manager's substitute I believe, or amendment to the
amendment, that deals with maintaining and establishing
juvenile--in juvenile courts and justice programs, efforts by
prosecutors to reduce juvenile crime and recidivism by allowing
the prosecutors to participate in programs once the young
person gets into the courthouse, to produce or reduce
recidivism.
The other thing that I think is extremely important is
language in this bill--can you believe it?--in a juvenile
justice bill, which we added last term that deals with
intervention and mental health support systems and screening.
Our young people, as our adults, need mental health services,
and this particular amendment and legislation now has it.
With that, let me yield back and ask support for this
legislation.
Chairman Sensenbrenner. The question is on the amendment to
the amendment in the nature of a substitute offered by the
gentleman from Texas, Mr. Smith. Those in favor will signify by
saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it.
Are there any further amendments?
Hearing none, the question is on the amendment in the
nature of a substitute as amended. Those in favor will signify
by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment in the nature of a substitute as amendment--as
amended is agreed to.
The question now occurs on the motion to report the bill
H.R. 863 favorably as amended by the amendment in the nature of
a substitute. All in favor say aye.
Opposed, no.
The ayes have it and the motion to report favorably is
adopted.
Without objection, the Chairman is authorized to move to go
to conference pursuant to House rules. Without objection, the
staff is directed to make any technical and conforming changes,
and all members will be given 2 days, as provided by House
rules, in which to submit additional dissenting supplemental or
minority views.
This concludes the agenda and the Committee is adjourned.
[Whereupon, at 2:27 p.m., the Committee was adjourned.]