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munity organization work, and representatives of the public well known for leadership in programs concerned with juvenile delinquency. In making such appointments, the Secretary shall give due consideration to recommendations for such appointments submitted to him by private voluntary organizations and professional associations interested in and associated with the above fields, including, but not limited to, such organizations as the National Association of Social Workers, the American Public Welfare Association, the American Public Health Association, the Industrial Areas Foundation, the National Association of Training Schools and Juvenile Agencies, the Child Welfare League of America, the Family Service Association of America, the National Council of Juvenile Court Judges, the International Association of Chiefs of Police, the National Probation and Parole Association, the American Bar Association, the National Education Association, the American Association of School Administrators, the National Congress of Parents and Teachers, and the American Medical Association.

SEC. 102. The terms of each of the twenty-one appointed members of the Council shall be for four years, except that the first Council shall be appointed as follows: Seven members shall be appointed for sixteen months, seven members shall be appointed for thirty-two months, and seven members shall be appointed for four years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor is appointed shall be appointed for the remainder of such term.

SEC. 103. The Council shall, among other duties and functions, submit an annual report to the Secretary. The Council shall make such additional reports, from time to time, to the Secretary, as the Council shall deem necessary and appropriate, which reports, in the discretion of the Council, shall be of public record. Such reports shall deal with the status of the problem of juvenile delinquency, the progress being made with the problem, and shall contain such recommendations as the Council may deem appropriate with regard to any matter covered under this Act: Provided, That the Council's annual reports shall be submitted by the Secretary to the Congress, and the Secretary, in transmitting such reports, shall append such comments, especially with respect to recommendations contained therein, as he may deem appropriate: Provided further, That such of the Council's reports to the Secretary which the Council decides shall be of public record shall be made public by the Secretary, together with such comment by the Secretary as he may deem appropriate.

SEC. 104. The Council is authorized to comment upon applications for special projects submitted to the Secretary under title IV of this Act and to recommend to the Secretary for grants under such title any such projects or any projects proposed by the Council which show promise of making valuable contributions to the diminution, control, or treatment of juvenile delinquency. The Secretary is authorized to utilize the services of any member or members of the Council in connection with matters relating to this Act, for such periods, in addition to conference periods, as he may determine.

SEC. 105. Decisions by the Council in regard to reports or in regard to any other matters within its jurisdiction shall be by majority vote of all the members of the Council, except that the Secretary or his designee may not vote except in the case of a tie.

SEC. 106. Appointed members of the Council, while attending meetings of the Council or while 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, and shall also be entitled to receive expenses while so serving away from their places of residence.

SEC. 107. The Council shall elect a chairman and a secretary who shall serve without additional compensation and the Council shall be provided by the Secretary with such technical, consultative, clerical, and other assistance as the Council shall require, subject to the approval of the Secretary.

TITLE II-GRANTS TO STATES TO STRENGTHEN AND IMPROVE

PROGRAMS

SEC. 201. For the purpose of assisting the States to strengthen and improve State and local programs for the diminution, control, and treatment of juvenile delinquency, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1958, the sum of $5,000,000; for the fiscal year ending June 30, 1959, the sum of $7,500,000; for the fiscal year ending June 30, 1960, the sum

of $10,000,000; and for each of the following four fiscal years such sums as the Congress may determine.

SEC. 202. The sums appropriated under section 201 shall be available for making grants to States to assist them to establish, strengthen, and improve, under approved State plans, programs for the diminution, control, and treatment of juvenile delinquency by—

(A) determining the most urgent needs of the State and localities for the diminution, control, and treatment of juvenile delinquency;

(B) developing a plan of priorities for meeting such needs in a coordinated and balanced manner;

(C) coordinating, on a continuing basis, the execution of such plans; (D) providing either directly or through entering into contracts with private voluntary organizations demonstrations of improved services for the location, treatment, and aftercare of delinquent youth; and

(E) conducting either directly or through entering into contracts with private voluntary organizations research and investigations for assessing the causes and extent of juvenile delinquency and the effectiveness of existing programs for the diminution, control, and treatment of juvenile delinquency, and for developing improved methods for the diminution, control, and treatment of juvenile delinquency.

SEC. 203. The Secretary shall approve any State plan for carrying out the purposes set forth in section 202 if he finds that such plan

(A) designates a State agency which shall, either directly or through arrangements with other State or local agencies, carry out such purposes; (B) shows that in developing such plan there has been consultation with and among representatives of State agencies concerned with juvenile delinquency, including to the extent feasible the State welfare, education, 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 is 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 delinqunecy, 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 relating 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 to 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, 1958, and June 30, 1959, 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 reallotment 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, 1958, 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 conditions 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, 1958, 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, 1959, 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.

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 therefor, 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 inIcluded 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) unil 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 dissatified 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 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 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 Alaska, 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 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 (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 Secreary 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 diminution, 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, 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 and the recommendations of the Council as to the expiration, continuance, or revision of the Act.

[H.R. 772, 86th Cong., 1st sess.]

A BILL To provide for assistance in strengthening and improving State and local programs for the diminution, control, and treatment of juvenile delinquency

Be is 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 "Delinquent Children's Act of 1959".

FINDINGS AND POLICY

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

(1) Juvenile delinquency, since it is a social disability that impedes the development of children into responsible citizens, thereby diminishes the strength and vitality of the Nation;

(2) juvenile delinquency is a steadily mounting problem of nationwide proportions in both our urban and rural communities; the problem overreaches local and even State boundaries in some of its aspects; State and local resources, especially in regard to the availability of specialized facilities, and professional personnel trained to handle the problems of juvenile delinquency, are, in most cases, inadequate; and

(3) although major factors in juvenile delinquency are basically related to conditions in the home, the neighborhood, the community and the State, requiring concerted and coordinated action on those fronts, the Federal Government can and should provide such leadership as is possible in stimulating home, neighborhood, community, and State efforts.

(b) It shall, therefore, be the national policy to provide such Federal leadership and such funds as may be required to

(1) stimulate and promote the training of specialized personnel, and to supplement State and local resources for this purpose;

(2) encourage and assist in the undertaking of special projects to demonstrate or develop improved techniques and practices for the prevention, control and treatment of juvenile delinquency; and

(3) bring about greater coordination of and long range planning for Federal programs dealing with the problems of juvenile delinquency.

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