health, and labor departments, mental health and vocational rehabilitation authorities, the employment service, State and local agencies responsible for services to, or care of, delinquent youth, and private voluntary organizations engaged in or responsible for such services and persons representative of juvenile courts and probation and police services; and provides for the participation of such agencies, representatives, organizations and persons in carrying out the purposes of section 202 and for coordination of public and voluntary services within the State dealing with juvenile delinquency in furtherance of the national policy as set forth in section 2 of this Act;

(C) provides for financial participation by the State;

(D) provides for the establishment of a State advisory council to advise the designated State agency on the administration of the program under this Act; such council to be representative of private voluntary organizations, professional associations and civic groups interested in the problems of children and youth, especially juvenile delinquency;

(E) provides for a determination of the most urgent needs of the State for strengthening and improving its programs for the diminution, control, and treatment of juvenile delinquency, for developing plans for strengthening and improving such programs, and for planning and initiating a program of training of specialized personnel for such programs;

(F) provides that the State agency designated to carry out such plan shall make such reports, in such form, and containing such information as the Secretary may from time to time reasonably require, and shall comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

(G) provides for such methods of administration (including methods re lating to the establishment and maintenance of personnel standards on a merit basis except that (A) the Secretary may, if he determines that this requirement is not feasible or would unduly delay the maximum effectiveness of a State plan, exempt portions of a State plan from this requirement and (B) the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient operation of the plan; and

(H) makes a substantial contribution toward the fulfillment of the purposes set forth in section 2 of this Act.

SEC. 204. (a) From the sums made available in any fiscal year for grants to States under section 202, each State shall be entitled to an allotment of an amount which bears the same ratio to such sums as the child population of such State bears the child population of all States. The allotment to any State under the preceding sentence for a fiscal year which is less than $50,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under the preceding sentence but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $50,000.

(b) From each State's allotment under this section for any fiscal year the Secretary shall pay to such State an amount equal to its Federal share (as defined in section 507 (B) of the cost of carrying out the purposes set forth in section 202 in accordance with its State plan approved under section 203: Provided, That, from each State's allotment for the fiscal years ending June 30, 1960, and June 30, 1961, the Secretary shall pay to such State an amount equal to 100 per centum of so much of the cost of carrying out the purposes set forth in section 202 as does not exceed $30,000 for the two years combined, and an amount equal to the Federal share (as defined in section 507 (B)) of the cost of carrying out the purposes set forth in section 202 as exceeds $30,000. (c) At such time or times of each fiscal year as the Secretary determines, after receiving advice from the States with respect thereto, that the amounts (if any) to be paid to any State from its initial allotment for such year will total less than such allotment, the Secretary shall reallot the portion of such initial allotment which he determines will not be so paid to such State. Such portion shall be available to other States which the Secretary determines have need in carrying out their State plans for amounts in excess of their initial allotment; such reallotments to be made on the basis of such State plans after taking into consideration the child population of each such State as compared with such population of all such States. Any amount so reallotted to a State shall be deemed part of its allotment under section 204 (b).

TITLE III-GRANTS FOR TRAINING PERSONNEL

SEC. 301. For the purpose of training personnel employed, or preparing for employment, in programs for the diminution, control, and treatment of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1960, the sum of $5,000,000 and for each of the following seven fiscal years such sums as the Congress may determine.

SEC. 302. The sums appropriated under this title shall be available for grants to States and to approved nonprofit institutions of higher learning for paying the cost of training personnel employed, or preparing for employment, in programs for the diminution, control, and treatment of juvenile delinquency, or for the development of courses for such training, including the establishment and maintenance of such fellowships and traineeships, with such stipends and allowances (including travel and subsistence expenses) as the Secretary may determine to be necessary.

SEC. 303. Payments under this title may be made in advance or by way of reimbursement for services performed and purchases made as may be determined by the Secretary and shall be made on such condition as the Secretary finds necessary to carry out the purposes of this title.

TITLE IV-GRANTS FOR SPECIAL PROJECTS

SEC. 401. For the purpose of demonstrating or developing improved techniques and practices for the diminution, control, and treatment of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1960, the sum of $1,000,000, and for each of the following six fiscal years such sums as the Congress may determine.

SEC. 402. The sums appropriated under this title shall be available for grants to States and to public and private nonprofit institutions of higher learning or research for paying the costs of special projects carried out directly or through contracts with private voluntary organizations which, in the judgment of the Secretary, hold promise of making a substantial contribution to the strengthening or improvement of programs for the diminution, control, or treatment of juvenile delinquency. States may expend such sums as are made available under this title either directly or through the political subdivisions of the State. Any grant of funds under this title which will be used for direct services to delinquent children must have prior approval of the State agency supervising the administration of the State plan pursuant to title II of this Act. SEC. 403. Payments under this title may be made in advance or by way of reimbursement for services performed and purchases made as may be determined by the Secretary, and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of this title.

TITLE V-GENERAL PROVISIONS

SEC. 501. In carrying out his duties under this Act, the Secretary shall— (A) make such studies, investigations, demonstrations, and reports as will promote the strengthening of programs for the diminution, control, and treatment of juvenile delinquency;

(B) cooperate with and render technical assistance to States in matters relating to such programs;

(C) disseminate information as to the studies, investigations, demonstrations, and reports referred to in paragraph (A) hereof and as to other matters relating to such programs; and

(D) until June 30, 1961, provide short-term courses of training and instruction in technical matters relating to the diminution, control, and treatment of juvenile delinquency, including the establishment and maintenance of such fellowships and traineeships, with such stipends and allowances (including travel and subsistence expenses), as he may deem necessary, except that no such training or instruction (or fellowship or scholarship) shall be provided any individual for any one course of study for a period in excess of one year.

SEC. 502. The Secretary is authorized to make regulations governing the administration of this Act.

SEC. 503. The Secretary shall include in his annual report a full report of the administration of this Act.

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SEC. 504. There are hereby authorized to be included for each fiscal year in the appropriation for the Department of Health, Education, and Welfare such sums as are necessary to administer this Act.

SEC. 505. The method of computing and paying amounts pursuant to section 204 shall be as follows:

(A) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him estimate the amount to be paid to each State under the provisions of such section for such period, such estimate to be based on such records of the State body and information furnished by it, and such other investigation, as the Secretary may find necessary.

(B) The Secretary shall pay to the State, from the allotment available therefore, the amount so estimated by him for any period, reduced or increased, as the case may be, by any sum. (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid to the State for any prior period under such section was greater or less than the amount which should have been paid to the State for such prior period under such section. Such payments shall be made through the disbursing facilities of the Treasury Department, in such installments as the Secretary may determine.

SEC. 506. (a) Whenever the Secretary, after reasonable notice and opportunity for hearings to the State body supervising the administration of the State plan pursuant to title II finds (1) that the State plan or a specified portion of the State plan submitted and approved under section 203 has been so changed that it no longer complies with a provision required by section 203 to be included in the plan, or (2) that in the administration of the plan or a specified portion of the plan there is a failure to comply substantially with such a provision, the Secretary shall notify the State body that no further payments will be made to the State under section 204 (b) (or, in his discretion, that further payments will not be made to the State for portions of the State plan affected by such failure) until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Secretary shall make no further payments to such State under section 204 (b) (or shall limit payments to portions of the State plan in which there is no such failure).

(b) If any State is dissatisfied with the Secretary's action under subsection (a), such State may appeal to the United States Court of Appeals for the circuit in which such State is located. The summons and notice of appeal may be served in any place in the United States. The findings of fact by the Secretary, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

SEC. 507. For the purposes of this Act

(A) The term "State" includes Hawaii, the District of Columbia, the Virgin Islands, and Puerto Rico.

(B) (1) The "Federal share" for any State shall be 100 per centum less than percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the continental United States (excluding Alaska), except that (A) the Federal share shall in no case be more than 66% per centum or less than 33 per centum, and (B) the Federal share for Hawaii and Alaska shall be 50 per centum, and for Puerto Rico and the Virgin Islands shall be 66% per centum.

(2) The "Federal shares" shall be promulgated by the Secretary between July 1 and September 30 of each odd-numbered year, on the basis of the average of the per capita incomes of the States and of the continental United States (excluding Alaska) for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation.

(C) The term "child population" means the population under the age of twenty-one years, and the "population" and "child population" of the several

States shall be determined on the basis of the latest figures furnished by the Department of Commerce.

(D) The term "programs for the dimunition, control, and treatment of juvenile delinquency" shall include programs for the control and treatment of delinquent youth up to the age of twenty-one years.

SEC. 508. Not later than January 1, 1965, the Secretary shall transmit to the President for transmission to the Congress a report of the experience had by Federal, State, and local agencies in the administration of this Act, together with his recommendations and the recommendations of the Council as to the expiration, continuance, or revision of the Act.

[S. 1341, 86th Cong., 1st sess.]

A BILL To strengthen and improve State and local programs to combat and control juvenile delinquency

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Juvenile Delinquency Control Act".

FINDINGS AND POLICIES

SEC. 2. (a) The Congress hereby finds and declares that—

(1) Juvenile delinquency, since it is a social problem that deflects children in their growth toward responsible citizenship, diminishes the strength and vitality of the people of our Nation; and

(2) Juvenile delinquency is a steadily mounting problem in both urban and rural communities, and its control requires more concerted and intensive efforts on the part of communities, the States, and the Federal Governemnt.

(b) It shall, therefore, be the national policy to promote coordination and planning among public and voluntary organizations whose programs relate to the control of juvenile delinquency, especially those concerned with the welfare, health (including mental health), and education of children and youth, and to assist the States in strengthening and improving State and community programs to combat and control juvenile delinquency.

TITLE I-STRENGTHENING AND IMPROVEMENT GRANTS

AUTHORIZATION OF APPROPRIATIONS

SEC. 101. For the purpose of assisting the States to strengthen and improve State and local programs for the control of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1960, the sum of $2,000,000, and for each of the following four fiscal years such sums, not to exceed $5,000,000 annually, as the Congress may determine.

GRANTS TO STATES

SEC. 102. The sums appropriated under section 101 for any fiscal year shall be available for making grants to States to assist them to strengthen and improve, under approved State plans, programs for the control of juvenile delinquency through—

(a) determination of the needs in the State for strengthening and improving State and local programs for the control of juvenile delinquency, and development of plans to met these needs;

(b) coordination, on a continuing basis, of juvenile delinquency control programs and of plans for strengthening and improving the same;

(c) training of personnel, employed or preparing for employment in juvenile delinquency control programs, in the furnishing of improved services to delinquent youth, including training in educational institutions or in-service training, or both;

(d) demonstrations of improved services for the location, treatment, and aftercare of delinquent youth; and

(e) research and investigations for assessing the causes and extent of juvenile delinquency and the effectiveness of existing control programs, and for developing improved methods for the control of juvenile delinquency.

STATE PLANS

SEC. 103. The Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") shall approve any State plan for carrying out the purposes set forth in section 102 if he finds that such State plan

(a) provides for the administration of the plan by a single State agency directly or, under the supervision of such agency, through arrangements with other State or local agencies;

(b) provides for the establishment of a State advisory council to consult with the State agency in the administration of the State plan, such council to consist of (1) representatives of State agencies concerned with the control of juvenile delinquency, including to the extent feasible the State welfare, education, health, and labor departments, State mental health and vocational rehabilitation authorities, the State employment service, and State agencies responsible for services to, or care of, delinquent youth, and persons representative of juvenile courts, and probation and police services, and (2) persons representative of voluntary organizations responsible for services to delinquent youth, and of professional and civic groups concerned with problems of children and youth, especially the problem of juvenile delinquency;

(c) provides measures designed to achieve effective coordination, on a continuing basis, between the programs of the various State and local agencies concerned with the control of juvenile delinquency, and between such programs and the activities of voluntary organizations providing services for, or concerned with, the control of juvenile delinquency;

(d) provides for financial participation by the State;

(e) provides for carrying out the first four of the five purposes set forth in section 102 or for carrying out all such purposes;

(f) provides such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that (A) the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods and (B) approval of a State plan shall not be withheld by reason of a State law which prevents a State or local agency from providing such methods, if the Secretary finds that such law was enacted prior to the enactment of this Act and the plan provides methods assuring that only qualified personnel will be employed) as are necessary for the proper and efficient operation of the plan; and

(g) provides that the State agency administering or supervising the administration of the plan shall make such reports, in such form, and containing such information as the Secretary may from time to time reasonably require, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports.

ALLOTMENTS AND PAYMENTS TO STATES

SEC. 104. (a) From the sums available in any fiscal year for grants to States under section 102, each State shall be entitled to an allotment of an amount which bears the same ratio to such sums as the child population of such State bears to the child population of all the States. The allotment to any State under the preceding sentence for a fiscal year which is less than $30,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under the preceding sentence but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $30,000.

(b) From each State's allotment under this section for any fiscal year the Secretary shall pay to such State an amount equal to its Federal share (as defined in section 405 (b)) of the cost of carrying out the purposes set forth in section 102 in accordance with its State plan approved under section 103: Provided, That from each State's allotment for the fiscal years ending June 30, 1960, and June 30, 1961, the Secretary shall pay to such State an amount equal to 100 per centum of so much of the cost of carrying out such purposes as does not exceed $30,000 for the two years combined, and an amount equal to its Federal share (as so defined) of such cost in excess of $30,000 for the two years combined.