Prepared statements-Continued Pucinski, Hon. Roman C., a Representative in Congress from the "Annual Report of Federal Activities in Juvenile Delinquency, Public Law 90-445, text of. Analysis of, a compilation entitled_ Youth development and delinquency prevention administration, Page 149 6 18 19 61 Rector, Milton G., executive director, National Council on Crime Rector, Milton G., executive director, National Council on Crime Points of difference, a comparison table_ "The 'Model System'," an article entitled_ YWCA National Board, New York, N.Y.: "Action-Programs in Delinquency Prevention and Control 376 388 49 49 279 48 335 338 TO EXTEND THE PROVISIONS OF THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT OF 1968 THURSDAY, MARCH 25, 1971 HOUSE OF REPRESENTATIVES, GENERAL SUBCOMMITTEE ON EDUCATION OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The general subcommittee met, pursuant to call, at 9:35 a.m., in room 2261, Rayburn House Office Building, Hon. Roman C. Pucinski (chairman of the subcommittee) presiding. Present: Representatives Pucinski, Green, Chisholm, Hicks, Mazzoli, Badillo, Quie, Bell, and Peyser. Staff members present: John Jennings, majority counsel; Alexandra Kisla, clerk; and Charles Radcliffe, minority counsel for education. (Text of H.R. 6247 follows:) [H.R. 6247, 92d Cong., first sess.] A BILL To extend the provisions of the Juvenile Delinquency Prevention and Control Act of 1968 for five years Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402 of the Juvenile Delinquency Prevention and Control Act of 1968 (Public Law 90-445) is amended by striking everything after "Welfare," and by inserting in lieu thereof "$75,000,000 for each fiscal year ending prior to July 1, 1976.". SUMMARY OF THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT (P.L. 90-445) PURPOSE The purpose of this Act is to provide Federal funds to assist the States and localities in improving their services dealing with the juvenile delinquency problem. This would apply to the juvenile justice and juvenile aid systems including courts, correctional facilities, police agencies and other agencies handling juveniles. The Act provides for funding of juvenile services for the diagnosis, treatment and rehabilitation of delinquents and for the prevention of delinquency. It also provides for comprehensive planning, development of improved techniques, information services, and technical assistance in the field of juvenile delinquency. PLANNING The Act provides Federal funds for the development of a comprehensive plan relating to State and local needs in the juvenile area. It also allows for grants to any public or non-profit private agency for the cost of planning any project or program to be funded under the provisions of Title I rehabilitation and prevention programs. In either case, the grant may not exceed 90 percent of the cost. (Title I, Part A, Sections 101 and 102) (1) REHABILITATION The Act authorizes grants to any public agency for: improving existing rehabilitation services for delinquents; encouraging use of programs in the fields of general and vocational education, job training, prevention and detection of crime, health and welfare to support rehabilitation programs; and encouraging development of new designs and methods of care and treatment including the operation of residential facilities. The Federal share for this part is not to exceed 60 percent of the costs incurred. (Title I, Part B, Sections 111, 112 and 113) PREVENTION The Act also provides for preventive services to be developed at the community level by a public agency or a nonprofit private agency including educational programs in the schools. Federal grants are not to exceed 75 percent of the costs of these programs. (Title I, Part C, Sections 121, 122 and 123) STATE PLAN The Secretary of Health, Education, and Welfare may make direct grants for rehabilitation and prevention programs in any State until the State submits an approved State plan whereupon the Secretary may then only make grants to the designated State agency. (Title I, Part D, Sections 131 to 135) TRAINING AND IMPROVED TECHNIQUES The Act provides for education and training services for personnel dealing with juvenile delinquents, including grants to educational institutions to establish courses in this field or related fields. The Act also authorizes grants to public or non-profit private agencies for improved techniques and practices in handling delinquent youths or those who are in danger of becoming delinquent. ADMINISTRATION The Secretary of Health, Education, and Welfare has the authority to carry out the provisions of this Act. (The administering office is the Youth Development and Delinquency Prevention Administration which is a part of the Social and Rehabilitation Service of the Department of Health, Education and Welfare.) APPROPRIATIONS The Act authorizes $25 million for fiscal 1969, $50 million for fiscal 1970, and $75 million for fiscal 1971. Mr. PUCINSKI. The committee will come to order. We have announced that we would start promptly at 9:30. We are delighted that the young lady from Massachusetts, Mrs. Hicks, is here with us this morning, and I am sure that the other members will be trickling in as we move along, but I have found from previous experience that starting at 9:30 does give us a substantial headstart on getting down to the issues, and so it is my hope that if I impress upon the committee that we are going to start at 9:30, we will get to a point that all members will get here at that time. But I know most of our members are on their way, or they are trying to dispose of hectic matters before they can get down here. This morning, the General Subcommittee on Education is beginning hearings on H.R. 6247, a bill to extend for 5 years the provisions of the Juvenile Delinquency Prevention and Control Act. The subcommittee had originally planned to begin hearings on the Juvenile Delinquency Act much earlier than this, since the authorization expires on June 30 of this year. But after waiting 3 months for the administration's proposal and still not having it before us today, prudence dictates that we had better begin hearings immediately on H.R. 6247. This failure by the administration in not submitting a bill for renewal or modification of the program which expires in 14 weeks is deplorably not unique. I would like to review a few facts which I believe show a tragic indifference by this administration to correcting the problems of juvenile crime: The directorship of the Office of Juvenile Delinquency which administers this program was vacant for 2 years before the present director was appointed. The regulations for this program were not issued for almost a year after the passage of the act and then, when they were finally issued, applicants were only given 6 days in which to submit projects for funding. The administration flagrantly violated the law by not submitting to Congress for 2 years the annual reports required by the act. And finally, neither HEW nor the Bureau of the Budget has ever supported adequate funds for this program. The Bureau of the Budget, in fact, has never requested more than $15 million for this program even though the authorization for fiscal 1971 is five times greater than this amount. These facts lead me to only one conclusion: This administration is not nearly as interested in curbing juvenile crime as it would have the Nation believe. In its public announcements and in its vociferous denouncement of the rising tide of crime, the administration has no rivals in championing law and order. But in its actions it has aborted the promise of the one act which could have done the most to stem this tide. Almost 40 percent of the total number of arrests in the United States are of youngsters aged 20 and under, and if present trends continue one out of every six boys will appear before a juvenile court before his 18th birthday. And yet the administration has never asked for more than $15 million for programs to lessen this trend. Last year the House Select Committee on Crime conducted an exhaustive examination of juvenile delinquency and issued a report entitled "Juvenile Justice and Corrections." I would like to quote from this report to support the conclusions which I have reached about the neglect of this administration in its dealings with the juvenile delinquency program. The report concluded: Unfortunately since the enactment of Public Law 90-445 in 1968, the Department of Health, Education, and Welfare has demonstrated strong indifference for the growth and expansion of this program. To the extent that the Department of Health, Education, and Welfare has continuously supported underfunding of this program, the intent of the Congress with regard to the potential of this act has never been realized. Thus, the congressional response to an articulated public request for assistance in this vital area has been systematically undermined by the lack of genuine concern for this program by the Department of Health, Education, and Welfare. A result of this has been public confusion, and frustration because the program, as passed by the Congress, held out much promise. Unfortunately, it has never, in its administration, been able to make good on this promise. This is a quotation from another committee that has looked at this problem, namely the House Select Committee on Crime. We are here today to seek answers to two questions. First of all, we would like to know from the Department of Health, Education, and Welfare what it has done under the authority of the Juvenile Delinquency Prevention and Control Act. And if my observations and the conclusions of the Select Committee on crime are accurate, we would like to know what went wrong-why has the promise of the 1968 act, adopted unanimously by the House and the Senate, been frustrated. Second, we would like to know what we can do now; what action this subcommittee can take in seeking a resolution of the problem of juvenile delinquency. I have sponsored H.R. 6247 because it presents a program carefully worked out by all members on this committee. The act was cosponsored and supported by almost every member of this committee in 1968. It offered great promise to help local communities develop meaningful programs to fight juvenile crime, from halfway houses for those on the road to major crime to a complete restructuring of the system of juvenile justice. It is a national tragedy that the administration never gave this bill a chance. I don't believe we need any new legislation. I believe we need people who can administer this act and provide meaningful results, and after I introduce our first witness, I would like to, at that time, put into the record the digest of the Juvenile Delinquency Prevention and Control Act, its purposes, its prevention, its State plan, training, and approved techniques. I noted with some interest the report the annual report-of Federal activities in juvenile activities and related fields issued by the Department the other day. This report is a year and a half overdue. But we are glad that it is here, because the report does show in its conclusions many of the things that I am saying in my statement today. It also shows that the present act does have the machinery to carry out an effective program. I would hope that when we are through here today we will be able to impress upon the administration the need for asking full funding for this program, and then get down to the hustings and give these people help in doing the job they all want to do. I am going to tell you right now, I know of no problem in this country that deserves higher priority from the Congress of the United States than the problem of juvenile crime; and it is really ironic that we have given this program and this problem nothing more than lip service-at all levels. I am not absolving the Congress. When the Congress appropriates only $15 million, against an authorization of $75 million, it would be very unfair to place the whole blame on the administration, because the Congress has its responsibilities, too, and we authorized $75 million in this bill and then we appropriated $15 million. That indicates that the Congress must share some of the responsibility. But I do hope when we are through with these hearings we are going to be able to, first of all, see that we have a bill that is going to do the job which I believe we now have, and second, I hope that we are going to have the funding. I am delighted that we have this morning Mr. Robert J. Gemignani, Commissioner of Youth Development and Delinquency Prevention Administration, who is here with his two associates, Mr. John D. Twiname, Administrator, Social and Rehabilitation Service; and Mr. Howard J. Cohen, Deputy Assistant Secretary for Legislation |