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 juve nile 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. TITLE II-GRANTS FOR DEMONSTRATIONS AND STUDIES SEC. 201. (a) For the purpose of demonstrating and developing improved methods for the control of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1960, the sum of $500,000, and for each of the following four fiscal years such sums, not to exceed $2,000,000 annually, as the Congress may determine. (b) The sums appropriated under this title shall be available for grants to States and to public and other nonprofit institutions of higher learning or research for paying part of the cost of demonstrations and studies which, in the judgment of the Secretary, hold promise of making a substantial contribution to the strengthening or improvement of programs for the control of juvenile delinquency in all or several States or toward meeting juvenile delinquency control problems of special national significance or concern. Any grant of funds under this subsection which will be used for direct services to delinquent children must have the prior approval of the State agency administering or supervising the administration of the State plan. (c) 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 III-GRANTS FOR TRAINING PERSONNEL SEC. 301. (a) For the purpose of training personnel employed, or preparing for employment, in programs for the control and treatment of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1960, the sum of $500,000, and for each of the following four fiscal years such sums, not to exceed $2,000,000 annually, as the Congress may determine. (b) Sums appropriated under this title shall be available for grants to States and to public or other nonprofit institutions of higher learning for paying part of the cost of such training, including the development of courses for such training and the maintenance of such fellowships and traineeships, with such stipends and allowances (including travel and subsistence expenses) as the Secretary may determine to be necessary. (c) 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 IV-GENERAL PROVISIONS ADMINISTRATION SEC. 401. (a) In carrying out his duties under this Act, the Secretary shall make studies, investigations, and reports with respect to matters relating to the control of juvenile delinquency, including the effectiveness of programs carried out under this Act, cooperate with and render technical assistance to States in such matters, provide short-term training and instruction in technical matters relating to juvenile delinquency control, and otherwise promote the strengthening and improvement of programs for the control of juvenile delinquency. (b) The Secretary is authorized to make regulations governing the administration of this Act. (c) The Secretary shall include in his annual report a full report of the administration of this Act. (d) 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. FEDERAL ADVISORY COUNCIL ON JUVENILE DELINQUENCY SEC. 402. (a) There is hereby established in the Department of Health, Education, and Welfare a Federal Advisory Council on Juvenile Delinquency (hereinafter referred to as the "Council"). The Council shall be composed of the Secretary or his designee, who shall be Chairman, one representative each of the Departments of Justice, Labor, Interior, and Agriculture, designated as such by the head of each such department, who shall be ex officio members, and twentyone members appointed by the Secretary. The appointed members shall be per sons (including persons from public and voluntary organizations) who are recognized authorities in professional or technical fields related to juvenile delinquency or persons representative of the general public who are leaders in programs concerned with juvenile delinquency. The Council shall advise the Secretary on the administration of this Act. (b) Appointed members of the Council, while attending meetings of the Council or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $50 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. Notwithstanding the foregoing or any other provision of law, the Secretary may accept the services of appointed members under this section without payment of compensation therefor (and with or without payment of travel expenses or per diem in lieu of subsistence). METHOD OF COMPUTING AND MAKING PAYMENTS SEC. 403. The method of computing and paying amounts pursuant to section 104 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 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 therefor, the amounts 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 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 in such installments as the Secretary may determine. WITHHOLDING OF PAYMENTS AND JUDICIAL REVIEW SEC. 404. (a) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of a State plan approved under section 103 finds (a) that the State plan has been so changed that it no longer complies with a provision required by section 103 to be included in the plan, or (2) that in the administration of the plan there is a failure to comply substantially with such a provision, the Secretary shall notify the State agency or agencies that no further payments will be made to the State under section 104 (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 longer be such failure. Until he is so satisfied, the Secretary shall make no further payments to such State under section 104 (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 apepal 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 at 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 that 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. DEFINITIONS SEC. 405. For the purposes of this Act (a) The term "State" includes Hawaii, the District of Columbia, the Virgin Islands, Puerto Rico, and Guam; (b) (1) The "Federal share" for any State shall be 100 per centum less that 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, 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 Puerto Rico, the Virgin Islands, and Guam shall be 66% per centum; (2) The "Federal shares" shall be promulgated by the Secretary as soon as possible after enactment of this Act and again between July 1 and September 30 of the year 1961, on the basis of the average of the per capita incomes of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. The first such promulgation shall be conclusive for each of the three fiscal years in the period beginning July 1, 1959, and ending June 30, 1962, and the second shall be conclusive for each of the two fiscal years in the period beginning July 1, 1962, and ending June 30, 1964; and (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. CUMULATIVE REPORT TO CONGRESS SEC. 406. Not later than January 1, 1963, 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 as to the expiration, continuance, or revision of the Act. Hon. LISTER HILL, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: This is in response to your requests for reports on S. 694, S. 765, S. 766, S. 1090, S. 1091, and S. 1341, bills to authorize Federal assistance for a limited number of years in the control of juvenile delinquency. S. 694 and S. 765 would authorize Federal grants to States and certain public or nonprofit organizations for developing or demonstrating methods for juvenile delinquency control which are of national or more-than-one-State significance. S. 766 would authorize Federal project grants for training of personnel for work in this field. S. 1090, titles V through IX of S. 1091, and S. 1341 would authorize, in addition to such project grants, formula grants to States to strengthen and improve local juvenile delinquency control programs. There is an undoubted need for a concerted attack on the mounting problem of juvenile delinquency. For the ninth consecutive year (1948–57), juvenile delinquency cases have continued to rise. The increase in the number of these cases coming before juvenile courts during this period was almost five times greater than the increase in the child population of juvenile court age (10–17). Even if juvenile delinquency remains fixed at the 1957 rate, the number of juvenile delinquency cases may be expected to increase by 140,000 in 1962 and by 205,000 in 1965 simply because of the known increase in the number of children 10 to 17 years that will occur by these years. The States are already falling further and further behind in dealing with this problem. One important area requiring greater emphasis and encouragement concerns the development of new techniques and practices leading to a solution of this problem. For many years States and communities have relied mainly on two measures of rehabilitation of delinquent youth-namely, probation service in the community or care in an institution. It has long been known that juvenile delinquency is caused by many factors. A wide variety of treatment measures are needed. Yet only a small beginning has been made in developing comprehensive programs for the care and treatment of delinquent youth. In a few places new measures are being tried, such as central reception and classification centers, group therapy, and street group workers for working with neighborhood gangs. However, much more experimentation and study are needed in the development of other measures, as well as the evaluation of the effectiveness of present measures. |