US (United States) Code. Title 42. Chapter 72: Juvenile justice and delinquency prevention

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY

PREVENTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

-HEAD-

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

5601. Findings.

5602. Purposes.

5603. Definitions.

SUBCHAPTER II - PROGRAMS AND OFFICES

PART A - JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE

5611. Establishment.

(a) Placement within Department of Justice under

general authority of Attorney General.

(b) Administrator; head, appointment, authorities,

etc.

(c) Deputy Administrator; appointment, functions,

etc.

5612. Personnel.

(a) Selection; employment; compensation.

(b) Special personnel.

(c) Personnel from other agencies.

(d) Experts and consultants.

5613. Voluntary and uncompensated services.

5614. Concentration of Federal efforts.

(a) Implementation of policy by Administrator;

consultation with Council and Advisory

Committee.

(b) Duties of Administrator.

(c) Information, reports, studies, and surveys from

other agencies.

(d) Delegation of functions.

(e) Utilization of services and facilities of other

agencies; reimbursement.

(f) Coordination of functions of Administrator and

Secretary of Health and Human Services.

5615. Joint funding; non-Federal share requirements.

5616. Coordinating Council on Juvenile Justice and

Delinquency Prevention.

(a) Establishment; membership.

(b) Chairman and Vice Chairman.

(c) Functions.

(d) Meetings.

(e) Appointment of personnel or staff support by

Administrator.

(f) Expenses of Council members; reimbursement.

(g) Authorization of appropriations.

5617. Annual report.

5618, 5619. Repealed.

PART B - FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

5631. Authority to make grants and contracts.

5632. Allocation of funds.

(a) Time; basis; amounts.

(b) Reallocation of unobligated funds.

(c) Use of allocated funds for development, etc.,

of State plans; limitations; matching

requirements.

(d) Minimum annual allocation for assistance of

advisory group.

5633. State plans.

(a) Requirements.

(b) Approval by State agency.

(c) Compliance with statutory requirements.

(d) Nonsubmission or nonqualification of plan;

expenditure of allotted funds; availability of

reallocated funds.

(e) Administrative and supervisory board membership

requirements.

(f) Technical assistance.

5634 to 5639. Repealed.

PART C - JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

5651. Authority to make grants.

(a) Grants to eligible States.

(b) Grants to eligible Indian tribes.

5652. Allocation.

(a) Allocation among eligible States.

(b) Allocation among Indian tribes collectively.

5653. Eligibility of States.

(a) Application.

(b) Approval of applications.

5654. Grants for local projects.

(a) Grants by States.

(b) Special consideration.

5655. Eligibility of entities.

(a) Eligibility.

(b) Limitation.

5656. Grants to Indian tribes.

(a) Eligibility.

(b) Factors for consideration.

(c) Grant process.

(d) Reporting requirement.

(e) Matching requirement.

PART D - RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

5661. Research and evaluation; statistical analyses;

information dissemination.

(a) Research and evaluation.

(b) Statistical analyses.

(c) Grant authority and competitive selection

process.

(d) Implementation of agreements.

(e) Information dissemination.

5662. Training and technical assistance.

(a) Training.

(b) Technical assistance.

(c) Training and technical assistance to mental

health professionals and law enforcement

personnel.

PART E - DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW

INITIATIVES AND PROGRAMS

5665. Grants and projects.

(a) Authority to make grants.

(b) Use of grants.

5666. Grants for technical assistance.

5667. Eligibility.

5668. Reports.

PART F - GENERAL AND ADMINISTRATIVE PROVISIONS

5671. Authorization of appropriations.

(a) Authorization of appropriations for this

subchapter (excluding parts C and E).

(b) Authorization of appropriations for part C.

(c) Authorization of appropriations for part E.

(d) Experimentation on individuals; prohibition;

"behavior control" defined.

5672. Administrative authority.

(a) Authority of Administrator.

(b) Certain crime control provisions applicable.

(c) Certain other crime control provisions

applicable.

(d) Rules, regulations, and procedures.

(e) Presumption of State compliance.

5673. Withholding.

5674. Use of funds.

(a) In general.

(b) Prohibition against use of funds in

construction.

(c) Funds paid to residential programs.

5675. Payments.

(a) In general.

(b) Percentage of approved costs.

(c) Increase of grants to Indian tribes; waiver of

liability.

5676. Confidentiality of program records.

5677. Limitations on use of funds.

5678. Rules of construction.

5679. Leasing surplus Federal property.

5680. Issuance of rules.

5681. Content of materials.

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

5701. Congressional statement of findings.

5702. Promulgation of rules.

PART A - RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM

5711. Authority to make grants.

(a) Grants for centers and services.

(b) Allotment of funds for grants; priority given

to certain private entities.

5712. Eligibility; plan requirements.

(a) Runaway and homeless youth center; project

providing temporary shelter; counseling

services.

(b) Provisions of plan.

(c) Applicants providing street-based services.

(d) Applicants providing home-based services.

(e) Applicants providing drug abuse education and

prevention services.

5712a to 5712c. Repealed.

5712d. Grants for prevention of sexual abuse and

exploitation.

(a) In general.

(b) Priority.

(c) Authorization of appropriations.

(d) Definitions.

5713. Approval of applications.

(a) In general.

(b) Priority.

5714. Grants to private entities; staffing.

PART B - TRANSITIONAL LIVING GRANT PROGRAM

5714-1. Authority for program.

5714-2. Eligibility.

PART C - NATIONAL COMMUNICATIONS SYSTEM

5714-11. Authority to make grants.

PART D - COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES

5714-21. Coordination.

5714-22. Grants for technical assistance and training.

5714-23. Authority to make grants for research, evaluation,

demonstration, and service projects.

(a) Authorization; purposes.

(b) Selection factors; special consideration.

(c) Priority.

5714-24. Temporary demonstration projects to provide services

to youth in rural areas.

5714-25. Study.

PART E - SEXUAL ABUSE PREVENTION PROGRAM

5714-41. Authority to make grants.

(a) In general.

(b) Priority.

PART F - GENERAL PROVISIONS

5714a. Assistance to potential grantees.

5714b. Lease of surplus Federal facilities for use as runaway

and homeless youth centers or as transitional living

youth shelter facilities.

(a) Conditions of lease arrangements.

(b) Period of availability; rent-free use;

structural changes: Federal ownership and

consent.

5715. Reports.

(a) In general.

(b) Contents of reports.

5716. Federal and non-Federal share; methods of payment.

5731. Restrictions on disclosure and transfer.

5731a. Consolidated review of applications.

5732. Evaluation and information.

(a) In general.

(b) Cooperation.

5732a. Definitions.

5733. Repealed.

5741. Repealed.

5751. Authorization of appropriations.

(a) In general.

(b) Separate identification required.

SUBCHAPTER IV - MISSING CHILDREN

5771. Findings.

5772. Definitions.

5773. Duties and functions of the Administrator.

(a) Description of activities.

(b) Annual grant to National Center for Missing and

Exploited Children.

(c) National incidence studies.

(d) Independent status of other Federal agencies.

5774. Repealed.

5775. Grants.

(a) Authority of Administrator; description of

research, demonstration projects, and service

programs.

(b) Priorities of grant applicants.

(c) Non-Federal fund expenditures requisite for

receipt of Federal assistance.

5776. Criteria for grants.

(a) Establishment of priorities and criteria;

publication in Federal Register.

(b) Competitive selection process for grant or

contract exceeding $50,000.

(c) Multiple grants or contracts to same grantee or

contractor.

5776a. Repealed.

5777. Authorization of appropriations.

(a) In general.

(b) Evaluation.

5778. Repealed.

5779. Reporting requirement.

(a) In general.

(b) Guidelines.

(c) Annual summary.

5780. State requirements.

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

5781. Definition.

5782. Duties and functions of the Administrator.

5783. Grants for delinquency prevention programs.

(a) Purposes.

(b) Eligibility.

(c) Priority.

5784. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3797, 11804 of this

title; title 20 sections 5964, 6434, 6453, 6455; title 25 sections

2433, 2453, 2454.

-End-

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42 USC SUBCHAPTER I - GENERALLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5661, 5678 of this

title.

-End-

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42 USC Sec. 5601 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 5601. Findings

-STATUTE-

(a) The Congress finds the following:

(1) Although the juvenile violent crime arrest rate in 1999 was

the lowest in the decade, there remains a consensus that the

number of crimes and the rate of offending by juveniles

nationwide is still too high.

(2) According to the Office of Juvenile Justice and Delinquency

Prevention, allowing 1 youth to leave school for a life of crime

and of drug abuse costs society $1,700,000 to $2,300,000

annually.

(3) One in every 6 individuals (16.2 percent) arrested for

committing violent crime in 1999 was less than 18 years of age.

In 1999, juveniles accounted for 9 percent of murder arrests, 17

percent of forcible rape arrests, 25 percent of robbery arrest,

14 percent of aggravated assault arrests, and 24 percent of

weapons arrests.

(4) More than 1/2 of juvenile murder victims are killed with

firearms. Of the nearly 1,800 murder victims less than 18 years

of age, 17 percent of the victims less than 13 years of age were

murdered with a firearm, and 81 percent of the victims 13 years

of age or older were killed with a firearm.

(5) Juveniles accounted for 13 percent of all drug abuse

violation arrests in 1999. Between 1990 and 1999, juvenile

arrests for drug abuse violations rose 132 percent.

(6) Over the last 3 decades, youth gang problems have increased

nationwide. In the 1970's, 19 States reported youth gang

problems. By the late 1990's, all 50 States and the District of

Columbia reported gang problems. For the same period, the number

of cities reporting youth gang problems grew 843 percent, and the

number of counties reporting gang problems increased more than

1,000 percent.

(7) According to a national crime survey of individuals 12

years of age or older during 1999, those 12 to 19 years old are

victims of violent crime at higher rates than individuals in all

other age groups. Only 30.8 percent of these violent

victimizations were reported by youth to police in 1999.

(8) One-fifth of juveniles 16 years of age who had been

arrested were first arrested before attaining 12 years of age.

Juveniles who are known to the juvenile justice system before

attaining 13 years of age are responsible for a disproportionate

share of serious crimes and violence.

(9) The increase in the arrest rates for girls and young

juvenile offenders has changed the composition of violent

offenders entering the juvenile justice system.

(10) These problems should be addressed through a 2-track

common sense approach that addresses the needs of individual

juveniles and society at large by promoting -

(A) quality prevention programs that -

(i) work with juveniles, their families, local public

agencies, and community-based organizations, and take into

consideration such factors as whether or not juveniles have

been the victims of family violence (including child abuse

and neglect); and

(ii) are designed to reduce risks and develop competencies

in at-risk juveniles that will prevent, and reduce the rate

of, violent delinquent behavior; and

(B) programs that assist in holding juveniles accountable for

their actions and in developing the competencies necessary to

become responsible and productive members of their communities,

including a system of graduated sanctions to respond to each

delinquent act, requiring juveniles to make restitution, or

perform community service, for the damage caused by their

delinquent acts, and methods for increasing victim satisfaction

with respect to the penalties imposed on juveniles for their

acts.

(11) Coordinated juvenile justice and delinquency prevention

projects that meet the needs of juveniles through the

collaboration of the many local service systems juveniles

encounter can help prevent juveniles from becoming delinquent and

help delinquent youth return to a productive life.

(b) Congress must act now to reform this program by focusing on

juvenile delinquency prevention programs, as well as programs that

hold juveniles accountable for their acts and which provide

opportunities for competency development. Without true reform, the

juvenile justice system will not be able to overcome the challenges

it will face in the coming years when the number of juveniles is

expected to increase by 18 percent between 2000 and 2030.

-SOURCE-

(Pub. L. 93-415, title I, Sec. 101, Sept. 7, 1974, 88 Stat. 1109;

Pub. L. 96-509, Sec. 3, Dec. 8, 1980, 94 Stat. 2750; Pub. L.

98-473, title II, Sec. 611, Oct. 12, 1984, 98 Stat. 2107; Pub. L.

102-586, Sec. 1(a), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107-273,

div. C, title II, Sec. 12202, Nov. 2, 2002, 116 Stat. 1869.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 amended heading and text generally. Prior

to amendment, text read as follows:

"(a) The Congress hereby finds that -

"(1) juveniles accounted for almost half the arrests for

serious crimes in the United States in 1974 and for less than

one-third of such arrests in 1983;

"(2) recent trends show an upsurge in arrests of adolescents

for murder, assault, and weapon use;

"(3) the small number of youth who commit the most serious and

violent offenses are becoming more violent;

"(4) understaffed, overcrowded juvenile courts, prosecutorial

and public defender offices, probation services, and correctional

facilities and inadequately trained staff in such courts,

services, and facilities are not able to provide individualized

justice or effective help;

"(5) present juvenile courts, foster and protective care

programs, and shelter facilities are inadequate to meet the needs

of children, who, because of this failure to provide effective

services, may become delinquents;

"(6) existing programs have not adequately responded to the

particular problems of the increasing numbers of young people who

are addicted to or who abuse alcohol and other drugs,

particularly nonopiate or polydrug abusers;

"(7) juvenile delinquency can be reduced through programs

designed to keep students in elementary and secondary schools

through the prevention of unwarranted and arbitrary suspensions

and expulsions;

"(8) States and local communities which experience directly the

devastating failures of the juvenile justice system do not

presently have sufficient technical expertise or adequate

resources to deal comprehensively with the problems of juvenile

delinquency;

"(9) existing Federal programs have not provided the direction,

coordination, resources, and leadership required to meet the

crisis of delinquency;

"(10) the juvenile justice system should give additional

attention to the problem of juveniles who commit serious crimes,

with particular attention given to the areas of sentencing,

providing resources necessary for informed dispositions, and

rehabilitation;

"(11) emphasis should be placed on preventing youth from

entering the juvenile justice system to begin with; and

"(12) the incidence of juvenile delinquency can be reduced

through public recreation programs and activities designed to

provide youth with social skills, enhance self esteem, and

encourage the constructive use of discretionary time.

"(b) Congress finds further that the high incidence of

delinquency in the United States today results in enormous annual

cost and immeasurable loss of human life, personal security, and

wasted human resources and that juvenile delinquency constitutes a

growing threat to the national welfare requiring immediate and

comprehensive action by the Federal Government to reduce and

prevent delinquency."

1992 - Subsec. (a)(2), (3). Pub. L. 102-586, Sec. 1(a)(2), added

pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and

(5), respectively.

Subsec. (a)(4). Pub. L. 102-586, Sec. 1(a)(1), (3), redesignated

par. (2) as (4) and inserted "prosecutorial and public defender

offices,". Former par. (4) redesignated (6).

Subsec. (a)(5) to (10). Pub. L. 102-586, Sec. 1(a)(1),

redesignated pars. (3) to (8) as (5) to (10), respectively.

Subsec. (a)(11), (12). Pub. L. 102-586, Sec. 1(a)(4)-(6), added

pars. (11) and (12).

1984 - Subsec. (a)(1). Pub. L. 98-473, Sec. 611(1), substituted

"accounted" for "account" and "in 1974 and for less than one-third

of such arrests in 1983" for "today".

Subsec. (a)(2). Pub. L. 98-473, Sec. 611(2), inserted "and

inadequately trained staff in such courts, services, and

facilities".

Subsec. (a)(3). Pub. L. 98-473, Sec. 611(3), struck out "the

countless, abandoned, and dependent" before "children, who".

Subsec. (a)(5). Pub. L. 98-473, Sec. 611(4), substituted

"reduced" for "prevented".

1980 - Subsec. (a)(4). Pub. L. 96-509, Sec. 3(1), inserted

reference to alcohol abuse.

Subsec. (a)(8). Pub. L. 96-509, Sec. 3(2)-(4), added par. (8).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title II, Sec. 12223, Nov. 2, 2002, 116

Stat. 1896, provided that:

"(a) Effective Date. - Except as provided in subsection (b), this

subtitle [subtitle B (Secs. 12201-12223) of title II of div. C of

Pub. L. 107-273, see Short Title of 2002 Amendment note below] and

the amendments made by this subtitle shall take effect on the date

of the enactment of this Act [Nov. 2, 2002].

"(b) Application of Amendments. - The amendments made by this Act

[probably should be "this subtitle"] shall apply only with respect

to fiscal years beginning after September 30, 2002."

EFFECTIVE DATE OF 1988 AMENDMENT

Pub. L. 100-690, title VII, Sec. 7296, Nov. 18, 1988, 102 Stat.

4463, as amended by Pub. L. 101-204, title X, Sec. 1001(d), Dec. 7,

1989, 103 Stat. 1827, provided that:

"(a) Effective Date. - Except as provided in subsection (b), this

subtitle [subtitle F (Secs. 7250-7296) of title VII of Pub. L.

100-690, see Short Title of 1988 Amendment note below] and the

amendments made by this Act [probably should be subtitle] shall

take effect on October 1, 1988.

"(b) Application of Amendments. - (1) The amendments made by

section 7258(a) [amending section 5633 of this title] shall not

apply to a State with respect to a fiscal year beginning before the

date of the enactment of this Act [Nov. 18, 1988] if the State plan

is approved before such date by the Administrator for such fiscal

year.

"(2) The amendments made by section 7253(b)(1) [amending section

5614 of this title] and section 7278 [enacting section 5732 of this

title] shall not apply with respect to fiscal year 1989.

"(3) Notwithstanding the 180-day period provided in -

"(A) section 207 of the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5611 et seq.) [42 U.S.C. 5617],

as added by section 7255;

"(B) section 361 of the Runaway and Homeless Youth Act (42

U.S.C. 5701 et seq.) [42 U.S.C. 5715], as redesignated by section

7273(e)(2) and amended by section 7274; and

"(C) section 404(a)(5) of the Missing Children's Assistance Act

(42 U.S.C. 5773(a)(5)), as amended by section 7285(a)(3);

the reports required by such sections to be submitted with respect

to fiscal year 1988 shall be submitted not later than August 1,

1989."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 670 of division II (Secs. 610-670) of chapter VI of title

II of Pub. L. 98-473 provided that:

"(a) Except as provided in subsection (b), this division and the

amendments made by this division [see Short Title of 1984 Amendment

note below] shall take effect on the date of the enactment of this

joint resolution [Oct. 12, 1984] or October 1, 1984, whichever

occurs later.

"(b) Paragraph (2) of section 331(c) of the Runaway and Homeless

Youth Act, as added by section 657(d) of this division [section

5751(c)(2) of this title], shall not apply with respect to any

grant or payment made before the effective date of this joint

resolution [Oct. 12, 1984]."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 263(c) of Pub. L. 93-415, as added by Pub. L. 95-115,

Sec. 6(d)(2), Oct. 3, 1977, 91 Stat. 1058, which provided that

except as otherwise provided by the Juvenile Justice Amendments of

1977 (see Short Title of 1977 Amendments note below), the

amendments made by the Juvenile Justice Amendments of 1977 were to

take effect on Oct. 1, 1977, was repealed by Pub. L. 100-690, title

VII, Sec. 7266(2), Nov. 18, 1988, 102 Stat. 4449.

EFFECTIVE DATE

Section 263(a), (b) of Pub. L. 93-415, as amended by Pub. L.

94-273, Sec. 32(a), Apr. 21, 1976, 90 Stat. 380; Pub. L. 95-115,

Sec. 6(d)(1), Oct. 3, 1977, 91 Stat. 1058, which provided that (a)

except as provided by subsections (b) and (c) (set out as an

Effective Date of 1977 Amendment note above), the foregoing

provisions of such Act (enacting subchapters I and II of this

chapter and amending section 5108 of Title 5, Government

Organization and Employees) were to take effect on Sept. 7, 1974,

and that (b) section 5614(b)(5) and 5614(b)(6) of this title was to

become effective at the close of the thirty-first day of the

twelfth calendar month of 1974 and section 5614(l) of this title

was to become effective at the close of the thirtieth day of the

eleventh month of 1976, was repealed by Pub. L. 100-690, title VII,

Sec. 7266(2), Nov. 18, 1988, 102 Stat. 4449.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title II, Sec. 12201, Nov. 2, 2002, 116

Stat. 1869, provided that: "This subtitle [subtitle B (Secs.

12201-12223) of title II of div. C of Pub. L. 107-273, enacting

subchapter V of this chapter, parts C to E of subchapter II of this

chapter, and sections 5677 to 5681 of this title, redesignating

part J of subchapter II of this chapter as part F of subchapter II

of this chapter, amending this section and sections 5602, 5603,

5612, 5614, 5616, 5617, 5631 to 5633, 5671, 5672, 5674, 5675, 5773,

13002, 13003, 13013, and 13023 of this title, repealing parts C to

I of subchapter II of this chapter, and enacting provisions set out

as notes under this section] may be cited as the 'Juvenile Justice

and Delinquency Prevention Act of 2002'."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-71, Sec. 1, Oct. 12, 1999, 113 Stat. 1032, provided

that: "This Act [enacting sections 5714-25, 5714-41, 5731a, and

5732a of this title, amending sections 5701, 5711, 5712, 5713,

5714-1 to 5714-21, 5714-23, 5714-24, 5714a to 5731, 5732, 5751 to

5773, 5775, and 5777 of this title, and enacting provisions set out

as a note under section 7101 of Title 20, Education] may be cited

as the 'Missing, Exploited, and Runaway Children Protection Act'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-322, title XVII, Sec. 170301, Sept. 13, 1994, 108

Stat. 2043, provided that subtitle C (Secs. 170301-170303) of title

XVII of Pub. L. 103-322, which enacted section 5776a of this title,

amended sections 5777 and 5778 of this title, and enacted

provisions set out as a note under section 5776a of this title,

could be cited as the "Morgan P. Hardiman Task Force on Missing and

Exploited Children Act", prior to repeal by Pub. L. 105-314, title

VII, Sec. 703(g), Oct. 30, 1998, 112 Stat. 2989.

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-690, title VII, Sec. 7250(a), Nov. 18, 1988, 102

Stat. 4434, provided that: "This subtitle [subtitle F (Secs.

7250-7296) of title VII of Pub. L. 100-690, enacting sections 5617,

5662, 5665, 5665a, 5667, 5673 to 5676, 5712a to 5712c, 5714-1,

5714-2, 5732, 5733, and 5778 of this title, amending sections 5603,

5611, 5614, 5616, 5631 to 5633, 5651 to 5654, 5659 to 5661, 5671,

5672, 5711 to 5714, 5714a, 5714b, 5715, 5716, 5731, 5751, 5773,

5775, 5776, and 5777 of this title and sections 5315 and 5316 of

Title 5, Government Organization and Employees, repealing sections

5634 to 5639, 5656, 5657, and 5774 of this title, enacting

provisions set out as notes under this section and section 5617 of

this title, and repealing provisions set out as a note under this

section] may be cited as the 'Juvenile Justice and Delinquency

Prevention Amendments of 1988'."

SHORT TITLE OF 1984 AMENDMENT

Section 610 of Pub. L. 98-473 provided that: "This Division

[division II (Secs. 610-670) of chapter VI of title II of Pub. L.

98-473, enacting sections 5714a, 5714b, and 5771 to 5777 of this

title, amending this section and sections 5602, 5603, 5611, 5612,

5614, 5616, 5632 to 5635, 5637, 5638, 5651, 5653, 5654, 5657, 5659,

5661, 5671, 5672, 5702, 5711 to 5714, and 5751 of this title,

repealing sections 5617, 5655, and 5741 of this title, and enacting

provisions set out as notes under this section] may be cited as the

'Juvenile Justice, Runaway Youth, and Missing Children's Act

Amendments of 1984'."

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-509 provided that: "This Act [enacting

section 5617 of this title, amending this section and sections

5602, 5603, 5611, 5612, 5614 to 5616, 5632 to 5634, 5637, 5638,

5651, 5654 to 5656, 5659 to 5661, 5671, 5672, 5711 to 5713, 5715,

and 5751 of this title, repealing former section 5617 and sections

5618 and 5619 of this title, and enacting provisions set out as

notes under this section and section 5633 of this title] may be

cited as the 'Juvenile Justice Amendments of 1980'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-115, Sec. 1, Oct. 3, 1977, 91 Stat. 1048, provided

that: "This Act [enacting section 5741 of this title, amending

section 5316 of Title 5, Government Organization and Employees,

sections 4351 and 5038 of Title 18, Crimes and Criminal Procedure,

and sections 3723, 3767, 3811 to 3814, 3821, 3882, 3883, 3888,

3889, 5603, 5611, 5612, 5614 to 5618, 5631 to 5635, 5637 to 5639,

5651, 5653 to 5657, 5659 to 5661, 5671, 5672, 5711 to 5713, 5731,

and 5751 of this title, repealing sections 3821, 5658, and 5732 of

this title, enacting provisions set out as notes under this section

and sections 5632, 5633, and 5638 of this title, and amending

provisions set out as a note under this section] may be cited as

the 'Juvenile Justice Amendments of 1977'."

SHORT TITLE

Section 1 of Pub. L. 93-415 provided: "That this Act [enacting

this chapter, sections 3772 to 3774, and 3821 of this title, and

sections 4351 to 4353, 5038 to 5042 of Title 18, Crimes and

Criminal Procedure, amending sections 3701, 3723, 3733, 3768, 3811

to 3814, 3882, 3883 and 3888 of this title, section 5108 of Title

5, Government Organization and Employees, and sections 5031 to 5037

of Title 18, and repealing section 3889 of this title] may be cited

as the 'Juvenile Justice and Delinquency Prevention Act of 1974'."

Section 301 of title III of Pub. L. 93-415, as amended by Pub. L.

96-509, Sec. 18(b), Dec. 8, 1980, 94 Stat. 2762, provided that:

"This title [enacting subchapter III of this chapter] may be cited

as the 'Runaway and Homeless Youth Act'."

Section 401 of title IV of Pub. L. 93-415, as added by Pub. L.

98-473, title II, Sec. 660, Oct. 12, 1984, 98 Stat. 2125, as

amended by Pub. L. 101-204, title X, Sec. 1004(1), Dec. 7, 1990,

103 Stat. 1828, provided that: "This title [enacting subchapter IV

of this chapter] may be cited as the 'Missing Children's Assistance

Act'."

Section 501 of title V of Pub. L. 93-415, as added by Pub. L.

107-273, div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat.

1894, provided that: "This title [enacting subchapter V of this

chapter] may be cited as the 'Incentive Grants for Local

Delinquency Prevention Programs Act of 2002'."

A prior section 501 of title V of Pub. L. 93-415, as added by

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, provided

that title V (enacting subchapter V of this chapter) could be cited

as the "Incentive Grants for Local Delinquency Prevention Programs

Act", prior to the general amendment of title V of Pub. L. 93-415

by Pub. L. 107-273, Sec. 12222(a).

Another section 501 of Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1133, amended section 5031 of Title 18, Crimes and Criminal

Procedure.

-End-

-CITE-

42 USC Sec. 5602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 5602. Purposes

-STATUTE-

The purposes of this subchapter and subchapter II of this chapter

are -

(1) to support State and local programs that prevent juvenile

involvement in delinquent behavior;

(2) to assist State and local governments in promoting public

safety by encouraging accountability for acts of juvenile

delinquency; and

(3) to assist State and local governments in addressing

juvenile crime through the provision of technical assistance,

research, training, evaluation, and the dissemination of

information on effective programs for combating juvenile

delinquency.

-SOURCE-

(Pub. L. 93-415, title I, Sec. 102, Sept. 7, 1974, 88 Stat. 1110;

Pub. L. 96-509, Sec. 4, Dec. 8, 1980, 94 Stat. 2750; Pub. L.

98-473, title II, Sec. 612, Oct. 12, 1984, 98 Stat. 2108; Pub. L.

102-586, Sec. 1(b), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107-273,

div. C, title II, Sec. 12203, Nov. 2, 2002, 116 Stat. 1871.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 amended heading and text generally. Prior

to text, section read as follows:

"(a) It is the purpose of this chapter -

"(1) to provide for the thorough and ongoing evaluation of all

federally assisted juvenile justice and delinquency prevention

programs;

"(2) to provide technical assistance to public and private

nonprofit juvenile justice and delinquency prevention programs;

"(3) to establish training programs for persons, including

professionals, paraprofessionals, and volunteers, who work with

delinquents or potential delinquents or whose work or activities

relate to juvenile delinquency programs;

"(4) to establish a centralized research effort on the problems

of juvenile delinquency, including the dissemination of the

findings of such research and all data related to juvenile

delinquency;

"(5) to develop and encourage the implementation of national

standards for the administration of juvenile justice, including

recommendations for administrative, budgetary, and legislative

action at the Federal, State, and local level to facilitate the

adoption of such standards;

"(6) to assist States and local communities with resources to

develop and implement programs to keep students in elementary and

secondary schools and to prevent unwarranted and arbitrary

suspensions and expulsions;

"(7) to establish a Federal assistance program to deal with the

problems of runaway and homeless youth;

"(8) to strengthen families in which juvenile delinquency has

been a problem;

"(9) to assist State and local governments in removing

juveniles from jails and lockups for adults;

"(10) to assist State and local governments in improving the

administration of justice and services for juveniles who enter

the system; and

"(11) to assist States and local communities to prevent youth

from entering the justice system to begin with.

"(b) It is therefore the further declared policy of Congress to

provide the necessary resources, leadership, and coordination (1)

to develop and implement effective methods of preventing and

reducing juvenile delinquency, including methods with a special

focus on preserving and strengthening families so that juveniles

may be retained in their homes; (2) to develop and conduct

effective programs to prevent delinquency, to divert juveniles from

the traditional juvenile justice system and to provide critically

needed alternatives to institutionalization; (3) to improve the

quality of juvenile justice in the United States; (4) to increase

the capacity of State and local governments and public and private

agencies to conduct effective juvenile justice and delinquency

prevention and rehabilitation programs and to provide research,

evaluation, and training services in the field of juvenile

delinquency prevention; (5) to encourage parental involvement in

treatment and alternative disposition programs; and (6) to provide

for coordination of services between State, local, and

community-based agencies and to promote interagency cooperation in

providing such services."

1992 - Subsec. (a)(1). Pub. L. 102-586, Sec. 1(b)(1)(A),

substituted "justice and delinquency prevention" for "delinquency".

Subsec. (a)(2). Pub. L. 102-586, Sec. 1(b)(1)(B), substituted

"nonprofit juvenile justice and delinquency prevention programs"

for "agencies, institutions, and individuals in developing and

implementing juvenile delinquency programs".

Subsec. (a)(8), (9). Pub. L. 102-586, Sec. 1(b)(1)(C)-(E), added

par. (8) and redesignated former par. (8) as (9).

Subsec. (a)(10), (11). Pub. L. 102-586, Sec. 1(b)(1)(F), (G),

added pars. (10) and (11).

Subsec. (b)(1). Pub. L. 102-586, Sec. 1(b)(2)(A), substituted

"preserving and strengthening families" for "maintaining and

strengthening the family unit".

Subsec. (b)(5), (6). Pub. L. 102-586, Sec. 1(b)(2)(B), (C), added

cls. (5) and (6).

1984 - Subsec. (a)(1). Pub. L. 98-473, Sec. 612(1), substituted

"ongoing" for "prompt".

Subsec. (a)(4). Pub. L. 98-473, Sec. 612(2), substituted "the

dissemination of" for "an information clearinghouse to

disseminate".

Subsec. (a)(7). Pub. L. 98-473, Sec. 612(3), inserted "and

homeless".

1980 - Subsec. (a)(8). Pub. L. 96-509, Sec. 4(a), added par. (8).

Subsec. (b)(1). Pub. L. 96-509, Sec. 4(b), inserted reference to

methods with a special focus on maintaining and strengthening the

family unit so that juveniles may be retained in their homes.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5662 of this title.

-End-

-CITE-

42 USC Sec. 5603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 5603. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "community based" facility, program, or service

means a small, open group home or other suitable place located

near the juvenile's home or family and programs of community

supervision and service which maintain community and consumer

participation in the planning operation, and evaluation of their

programs which may include, but are not limited to, medical,

educational, vocational, social, and psychological guidance,

training, special education, counseling, alcoholism treatment,

drug treatment, and other rehabilitative services;

(2) the term "Federal juvenile delinquency program" means any

juvenile delinquency program which is conducted, directly, or

indirectly, or is assisted by any Federal department or agency,

including any program funded under this chapter;

(3) the term "juvenile delinquency program" means any program

or activity related to juvenile delinquency prevention, control,

diversion, treatment, rehabilitation, planning, education,

training, and research, including drug and alcohol abuse

programs; the improvement of the juvenile justice system; and any

program or activity designed to reduce known risk factors for

juvenile delinquent behavior, provides (!1) activities that build

on protective factors for, and develop competencies in, juveniles

to prevent, and reduce the rate of, delinquent juvenile behavior;

(4)(A) the term "Bureau of Justice Assistance" means the bureau

established by section 3741 of this title;

(B) the term "Office of Justice Programs" means the office

established by section 3711 of this title;

(C) the term "National Institute of Justice" means the

institute established by section 3722(a) of this title; and

(D) the term "Bureau of Justice Statistics" means the bureau

established by section 3732(a) of this title;

(5) the term "Administrator" means the agency head designated

by section 5611(b) of this title;

(6) the term "law enforcement and criminal justice" means any

activity pertaining to crime prevention, control, or reduction or

the enforcement of the criminal law, including, but not limited

to police efforts to prevent, control, or reduce crime or to

apprehend criminals, activities of courts having criminal

jurisdiction and related agencies (including prosecutorial and

defender services), activities of corrections, probation, or

parole authorities, and programs relating to the prevention,

control, or reduction of juvenile delinquency or narcotic

addiction;

(7) the term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands;

(8) the term "unit of local government" means -

(A) any city, county, township, town, borough, parish,

village, or other general purpose political subdivision of a

State;

(B) any law enforcement district or judicial enforcement

district that -

(i) is established under applicable State law; and

(ii) has the authority to, in a manner independent of other

State entities, establish a budget and raise revenues;

(C) an Indian Tribe that performs law enforcement functions,

as determined by the Secretary of the Interior; or

(D) for the purposes of assistance eligibility, any agency of

the government of the District of Columbia or the Federal

Government that performs law enforcement functions in and for -

(i) the District of Columbia; or

(ii) any Trust Territory of the United States;

(9) the term "combination" as applied to States or units of

local government means any grouping or joining together of such

States or units for the purpose of preparing, developing, or

implementing a juvenile justice and delinquency prevention plan;

(10) the term "construction" means acquisition, expansion,

remodeling, and alteration of existing buildings, and initial

equipment of any such buildings, or any combination of such

activities (including architects' fees but not the cost of

acquisition of land for buildings);

(11) the term "public agency" means any State, unit of local

government, combination of such States or units, or any

department, agency, or instrumentality of any of the foregoing;

(12) the term "secure detention facility" means any public or

private residential facility which -

(A) includes construction fixtures designed to physically

restrict the movements and activities of juveniles or other

individuals held in lawful custody in such facility; and

(B) is used for the temporary placement of any juvenile who

is accused of having committed an offense or of any other

individual accused of having committed a criminal offense;

(13) the term "secure correctional facility" means any public

or private residential facility which -

(A) includes construction fixtures designed to physically

restrict the movements and activities of juveniles or other

individuals held in lawful custody in such facility; and

(B) is used for the placement, after adjudication and

disposition, of any juvenile who has been adjudicated as having

committed an offense or any other individual convicted of a

criminal offense;

(14) the term "serious crime" means criminal homicide, forcible

rape or other sex offenses punishable as a felony, mayhem,

kidnapping, aggravated assault, drug trafficking, robbery,

larceny or theft punishable as a felony, motor vehicle theft,

burglary or breaking and entering, extortion accompanied by

threats of violence, and arson punishable as a felony;

(15) the term "treatment" includes but is not limited to

medical, educational, special education, social, psychological,

and vocational services, corrective and preventive guidance and

training, and other rehabilitative services designed to protect

the public, including services designed to benefit addicts and

other users by eliminating their dependence on alcohol or other

addictive or nonaddictive drugs or by controlling their

dependence and susceptibility to addiction or use;

(16) the term "valid court order" means a court order given by

a juvenile court judge to a juvenile -

(A) who was brought before the court and made subject to such

order; and

(B) who received, before the issuance of such order, the full

due process rights guaranteed to such juvenile by the

Constitution of the United States;

(17) the term "Council" means the Coordinating Council on

Juvenile Justice and Delinquency Prevention established in

section 5616(a)(1) of this title;

(18) the term "Indian tribe" means -

(A) a federally recognized Indian tribe; or

(B) an Alaskan Native organization;

(19) the term "comprehensive and coordinated system of

services" means a system that -

(A) ensures that services and funding for the prevention and

treatment of juvenile delinquency are consistent with policy

goals of preserving families and providing appropriate services

in the least restrictive environment so as to simultaneously

protect juveniles and maintain public safety;

(B) identifies, and intervenes early for the benefit of,

young children who are at risk of developing emotional or

behavioral problems because of physical or mental stress or

abuse, and for the benefit of their families;

(C) increases interagency collaboration and family

involvement in the prevention and treatment of juvenile

delinquency; and

(D) encourages private and public partnerships in the

delivery of services for the prevention and treatment of

juvenile delinquency;

(20) the term "gender-specific services" means services

designed to address needs unique to the gender of the individual

to whom such services are provided;

(21) the term "home-based alternative services" means services

provided to a juvenile in the home of the juvenile as an

alternative to incarcerating the juvenile, and includes home

detention;

(22) the term "jail or lockup for adults" means a locked

facility that is used by a State, unit of local government, or

any law enforcement authority to detain or confine adults -

(A) pending the filing of a charge of violating a criminal

law;

(B) awaiting trial on a criminal charge; or

(C) convicted of violating a criminal law;

(23) the term "nonprofit organization" means an organization

described in section 501(c)(3) of title 26 that is exempt from

taxation under section 501(a) of title 26;

(24) the term "graduated sanctions" means an

accountability-based, graduated series of sanctions (including

incentives, treatment, and services) applicable to juveniles

within the juvenile justice system to hold such juveniles

accountable for their actions and to protect communities from the

effects of juvenile delinquency by providing appropriate

sanctions for every act for which a juvenile is adjudicated

delinquent, by inducing their law-abiding behavior, and by

preventing their subsequent involvement with the juvenile justice

system;

(25) the term "contact" means the degree of interaction allowed

between juvenile offenders in a secure custody status and

incarcerated adults under section 31.303(d)(1)(i) of title 28,

Code of Federal Regulations, as in effect on December 10, 1996;

(26) the term "adult inmate" means an individual who -

(A) has reached the age of full criminal responsibility under

applicable State law; and

(B) has been arrested and is in custody for or awaiting trial

on a criminal charge, or is convicted of a criminal offense;

(27) the term "violent crime" means -

(A) murder or nonnegligent manslaughter, forcible rape, or

robbery, or

(B) aggravated assault committed with the use of a firearm;

(28) the term "collocated facilities" means facilities that are

located in the same building, or are part of a related complex of

buildings located on the same grounds; and

(29) the term "related complex of buildings" means 2 or more

buildings that share -

(A) physical features, such as walls and fences, or services

beyond mechanical services (heating, air conditioning, water

and sewer); or

(B) the specialized services that are allowable under section

31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal

Regulations, as in effect on December 10, 1996.

-SOURCE-

(Pub. L. 93-415, title I, Sec. 103, Sept. 7, 1974, 88 Stat. 1111;

Pub. L. 95-115, Sec. 2, Oct. 3, 1977, 91 Stat. 1048; Pub. L.

96-509, Secs. 5, 19(a), Dec. 8, 1980, 94 Stat. 2751, 2762; Pub. L.

98-473, title II, Sec. 613, Oct. 12, 1984, 98 Stat. 2108; Pub. L.

100-690, title VII, Secs. 7251(a), 7252(b)(1), Nov. 18, 1988, 102

Stat. 4435, 4436; Pub. L. 102-586, Sec. 1(c), Nov. 4, 1992, 106

Stat. 4983; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec.

129(a)(1)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-75; Pub. L.

107-273, div. C, title II, Sec. 12204, Nov. 2, 2002, 116 Stat.

1871.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as

amended, which enacted this chapter, sections 3772 to 3774 and 3821

of this title, and sections 4351 to 4353 and 5038 to 5042 of Title

18, Crimes and Criminal Procedure, amended sections 3701, 3723,

3733, 3768, 3811 to 3814, 3882, and 3883 to 3888 of this title,

section 5108 of Title 5, Government Organization and Employees, and

sections 5031 to 5037 of Title 18, and repealed section 3889 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5601 of this title and

Tables.

-MISC1-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-273, Sec. 12204(1), substituted

"designed to reduce known risk factors for juvenile delinquent

behavior, provides activities that build on protective factors for,

and develop competencies in, juveniles to prevent, and reduce the

rate of, delinquent juvenile behavior" for "to help prevent

juvenile delinquency".

Par. (4). Pub. L. 107-273, Sec. 12204(2), made technical

amendment to references in original act which appear in text as

references to sections 3741, 3711, 3722 and 3732 of this title.

Par. (7). Pub. L. 107-273, Sec. 12204(3), struck out "the Trust

Territory of the Pacific Islands," after "Puerto Rico,".

Par. (12)(B). Pub. L. 107-273, Sec. 12204(4), struck out ", of

any nonoffender," after "committed an offense".

Par. (13)(B). Pub. L. 107-273, Sec. 12204(5), struck out ", any

nonoffender," after "committed an offense".

Par. (14). Pub. L. 107-273, Sec. 12204(6), inserted "drug

trafficking," after "aggravated assault,".

Par. (16)(C). Pub. L. 107-273, Sec. 12204(7), struck out subpar.

(C) which read as follows: "with respect to whom an appropriate

public agency (other than a court or law enforcement agency),

before the issuance of such order -

"(i) reviewed the behavior of such juvenile and the

circumstances under which such juvenile was brought before the

court and made subject to such order;

"(ii) determined the reasons for the behavior that caused such

juvenile to be brought before the court and made subject to such

order;

"(iii) determined that all dispositions (including treatment),

other than placement in a secure detention facility or a secure

correctional facility, have been exhausted or are clearly

inappropriate; and

"(iv) submitted to the court a written report stating the

results of the review conducted under clause (i) and the

determinations made under clauses (ii) and (iii);".

Par. (22). Pub. L. 107-273, Sec. 12204(8)(A), redesignated cls.

(i) to (iii) as subpars. (A) to (C), respectively.

Pars. (24) to (29). Pub. L. 107-273, Sec. 12204(8)(B)-(10), added

pars. (24) to (29).

1998 - Par. (8). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

129(a)(1)(A)], added par. (8) and struck out former par. (8) which

read as follows: "the term 'unit of general local government' means

any city, county, township, town, borough, parish, village, or

other general purpose political subdivision of a State, an Indian

tribe which performs law enforcement functions as determined by the

Secretary of the Interior, or, for the purpose of assistance

eligibility, any agency of the District of Columbia government

performing law enforcement functions in and for the District of

Columbia and funds appropriated by the Congress for the activities

of such agency may be used to provide the non-Federal share of the

cost of programs or projects funded under this subchapter;".

Par. (9). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

129(a)(1)(B)], substituted "units of local government" for "units

of general local government".

1992 - Par. (16). Pub. L. 102-586, Sec. 1(c)(1), amended par.

(16) generally. Prior to amendment, par. (16) read as follows: "the

term 'valid court order' means a court order given by a juvenile

court judge to a juvenile who has been brought before the court and

made subject to a court order. The use of the word 'valid' permits

the incarceration of juveniles for violation of a valid court order

only if they received their full due process rights as guaranteed

by the Constitution of the United States;".

Pars. (19) to (23). Pub. L. 102-586, Sec. 1(c)(2)-(4), added

pars. (19) to (23).

1988 - Par. (5). Pub. L. 100-690, Sec. 7252(b)(1), substituted

"section 5611(b)" for "section 5611(c)".

Pars. (17), (18). Pub. L. 100-690, Sec. 7251(a), added pars. (17)

and (18).

1984 - Par. (3). Pub. L. 98-473, Sec. 613(1), struck out "for

neglected, abandoned, or dependent youth and other youth" before

"to help" and inserted "juvenile" after "prevent".

Par. (4)(A). Pub. L. 98-473, Sec. 613(2), substituted " 'Bureau

of Justice Assistance' means the bureau established by section 3741

of this title" for " 'Office of Justice Assistance, Research, and

Statistics' means the office established by section 3781(a) of this

title".

Par. (4)(B). Pub. L. 98-473, Sec. 613(2), substituted " 'Office

of Justice Programs' means the office established by section 3711

of this title" for " 'Law Enforcement Assistance Administration'

means the administration established by section 3711 of this

title".

Par. (6). Pub. L. 98-473, Sec. 613(3), substituted "services),"

for "services," before "activities of".

Par. (14). Pub. L. 98-473, Sec. 613(4)(A), inserted "or other sex

offenses punishable as a felony".

Par. (16). Pub. L. 98-473, Sec. 613(4)(B)-(6), added par. (16).

1980 - Par. (1). Pub. L. 96-509, Sec. 5(a), inserted reference to

special education.

Par. (4). Pub. L. 96-509, Sec. 5(b), designated existing

provisions as subpar. (B) and added subpars. (A), (C), and (D).

Par. (5). Pub. L. 96-509, Sec. 19(a), substituted "section

5611(c) of this title" for "section 3711(c) of this title".

Par. (7). Pub. L. 96-509, Sec. 5(c), substituted "the Virgin

Islands, Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands" for "and any territory or possession of the United

States".

Par. (9). Pub. L. 96-509, Sec. 5(d), substituted "juvenile

justice and delinquency prevention" for "law enforcement".

Par. (12). Pub. L. 96-509, Sec. 5(e), substituted definition of

"secure detention facility" for definition of "correctional

institution or facility".

Pars. (13), (14). Pub. L. 96-509, Sec. 5(f), added pars. (13) and

(14). Former par. (13) redesignated (15).

Par. (15). Pub. L. 96-509, Sec. 5(f), (g), redesignated former

par. (13) as (15), inserted reference to special education, and

substituted "protect the public, including services designed to

benefit addicts and other users by eliminating their dependence on

alcohol or other addictive or nonaddictive drugs or by controlling

their dependence and susceptibility to addiction or use" for

"protect the public and benefit the addict or other user by

eliminating his dependence on addicting or other drugs or by

controlling his dependence, and his susceptibility to addiction or

use".

1977 - Par. (3). Pub. L. 95-115 substituted "to help prevent

delinquency" for "who are in danger of becoming delinquent".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3791, 11851, 13791 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "provide".

-End-

-CITE-

42 USC SUBCHAPTER II - PROGRAMS AND OFFICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

-HEAD-

SUBCHAPTER II - PROGRAMS AND OFFICES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5602, 13014, 13024 of

this title.

-End-

-CITE-

42 USC Part A - Juvenile Justice and Delinquency

Prevention Office 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

PART A - JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 5671 of this title.

-End-

-CITE-

42 USC Sec. 5611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5611. Establishment

-STATUTE-

(a) Placement within Department of Justice under general authority

of Attorney General

There is hereby established an Office of Juvenile Justice and

Delinquency Prevention (hereinafter in this division (!1) referred

to as the "Office") within the Department of Justice under the

general authority of the Attorney General.

(b) Administrator; head, appointment, authorities, etc.

The Office shall be headed by an Administrator (hereinafter in

this subchapter referred to as the "Administrator") appointed by

the President, by and with the advice and consent of the Senate,

from among individuals who have had experience in juvenile justice

programs. The Administrator is authorized to prescribe regulations

consistent with this chapter to award, administer, modify, extend,

terminate, monitor, evaluate, reject, or deny all grants and

contracts from, and applications for, funds made available under

this subchapter. The Administrator shall have the same reporting

relationship with the Attorney General as the directors of other

offices and bureaus within the Office of Justice Programs have.

(c) Deputy Administrator; appointment, functions, etc.

There shall be in the Office a Deputy Administrator who shall be

appointed by the Attorney General. The Deputy Administrator shall

perform such functions as the Administrator may from time to time

assign or delegate and shall act as the Administrator during the

absence or disability of the Administrator.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 201(a)-(f), Sept. 7, 1974, 88 Stat.

1112, 1113; Pub. L. 95-115, Sec. 3(a)(1)-(3)(A), (4), (5), Oct. 3,

1977, 91 Stat. 1048, 1049; Pub. L. 96-509, Secs. 6, 19(b), Dec. 8,

1980, 94 Stat. 2752, 2762; Pub. L. 98-473, title II, Sec. 620, Oct.

12, 1984, 98 Stat. 2108; Pub. L. 100-690, title VII, Sec. 7252(a),

Nov. 18, 1988, 102 Stat. 4436; Pub. L. 102-586, Sec. 2(a), Nov. 4,

1992, 106 Stat. 4984.)

-REFTEXT-

REFERENCES IN TEXT

This division, referred to in subsec. (a), probably means

division II (Secs. 610-670) of chapter VI of title II of Pub. L.

98-473, Oct. 12, 1984, 98 Stat. 2107, which made numerous

amendments to this chapter. For complete classification of this

division to the Code, see Short Title of 1984 Amendment note set

out under section 5601 of this title and Tables.

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109,

as amended, which enacted this chapter, sections 3772 to 3774 and

3821 of this title, and sections 4351 to 4353 and 5038 to 5042 of

Title 18, Crimes and Criminal Procedure, amended sections 3701,

3723, 3733, 3768, 3811 to 3814, 3882, and 3883 to 3888 of this

title, section 5108 of Title 5, Government Organization and

Employees, and sections 5031 to 5037 of Title 18, and repealed

section 3889 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 5601 of

this title and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-586 amended third sentence

generally, substituting "The Administrator shall have the same

reporting relationship with the Attorney General as the directors

of other offices and bureaus within the Office of Justice Programs

have" for "The Administrator shall report to the Attorney General

through the Assistant Attorney General who heads the Office of

Justice Programs under part A of title I of the Omnibus Crime

Control and Safe Streets Act of 1968".

1988 - Subsec. (c). Pub. L. 100-690 struck out "and whose

function shall be to supervise and direct the National Institute

for Juvenile Justice and Delinquency Prevention established by

section 5651 of this title" after "Attorney General" in first

sentence and "also" after "The Deputy Administrator shall" in

second sentence.

1984 - Subsec. (a). Pub. L. 98-473, in amending subsec. (a)

generally, substituted provisions relating to establishment of the

Office of Juvenile Justice and Delinquency Prevention for former

provisions which also provided for the establishment of the Office

and its administration by an Administrator.

Subsec. (b). Pub. L. 98-473, in amending subsec. (b) generally,

substituted provisions relating to functions and duties of the

Administrator for former provisions which related to administration

of the program.

Subsec. (c). Pub. L. 98-473, in amending subsec. (c) generally,

substituted provisions relating to Deputy Administrator for former

provisions which related to nomination of the Administrator by the

President.

Subsec. (d). Pub. L. 98-473, in amending section generally,

struck out subsec. (d) which related to powers of the

Administrator. See subsec. (b) of this section.

Subsec. (e). Pub. L. 98-473, in amending section generally,

struck out subsec. (e) which related to Deputy Administrator. See

subsec. (c) of this section.

Subsec. (f). Pub. L. 98-473, in amending section generally,

struck out subsec. (f) which related to supervision of the National

Institute for Juvenile Justice and Delinquency Prevention.

1980 - Subsec. (a). Pub. L. 96-509, Sec. 6(a), substituted "under

the general authority of the Attorney General" for "Law Enforcement

Assistance Administration".

Subsec. (c). Pub. L. 96-509, Sec. 19(b)(1), substituted

"Administrator" for "Associate Administrator" as the name of the

official heading the Office of Juvenile Justice and Delinquency

Prevention and struck out provisions that had governed the meaning

to be placed upon the use of the title "Associate Administrator".

Subsec. (d). Pub. L. 96-509, Secs. 6(b), 19(b)(2), substituted

"Administrator" for "Associate Administrator" wherever appearing,

struck out provisions that had required the former Associate

Administrator to report directly to the Administrator, and provided

that the Administrator exercise all necessary powers under the

general authority of the Attorney General rather than the

Administrator of the Law Enforcement Assistance Administration,

clarified that the Administrator of the Office of Juvenile Justice

and Delinquency Prevention is authorized to prescribe regulations

for all grants and contracts available under part B and part C of

this subchapter, and provided that the Administrator of the Law

Enforcement Assistance Administration and the Director of the

National Institute of Justice may delegate authority to the

Administrator for all juvenile justice and delinquency prevention

grants and contracts for funds made available under the Omnibus

Crime Control and Safe Streets Act of 1968.

Subsec. (e). Pub. L. 96-509, Secs. 6(c), 19(b)(3), substituted

"Deputy Administrator" for "Deputy Associate Administrator",

"Administrator" for "Associate Administrator", "Attorney General"

for "Administrator of the Law Enforcement Assistance

Administration", and "office" for "Office".

Subsec. (f). Pub. L. 96-509, Secs. 6(d), 19(b)(4), substituted

"Deputy Administrator" for "Deputy Associate Administrator" and

"Attorney General" for "Administrator".

1977 - Subsec. (a). Pub. L. 95-115, Sec. 3(a)(1), inserted

provisions relating to administration of provisions of this

chapter.

Subsec. (c). Pub. L. 95-115, Sec. 3(a)(2), (3)(A), inserted

provisions relating to statutory references to the Associate

Administrator and substituted "an Associate" for "an Assistant".

Subsec. (d). Pub. L. 95-115, Sec. 3(a)(3)(A), (4), inserted

provisions relating to powers of the Associate Administrator over

grants and contracts and provisions relating to reporting

requirement and substituted "The Associate Administrator shall

exercise" for "The Assistant Administrator shall exercise".

Subsec. (e). Pub. L. 95-115, Sec. 3(a)(3)(A), (5), substituted

references to Deputy Associate Administrator and Associate

Administrator for references to Deputy Assistant Administrator and

Assistant Administrator, respectively, wherever appearing.

Subsec. (f). Pub. L. 95-115, Sec. 3(a)(5), substituted

"Associate" for "Assistant".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5603, 13001a of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5612. Personnel

-STATUTE-

(a) Selection; employment; compensation

The Administrator is authorized to select, employ, and fix the

compensation of such officers and employees, including attorneys,

as are necessary to perform the functions vested in the

Administrator and to prescribe their functions.

(b) Special personnel

The Administrator is authorized to select, appoint, and employ

not to exceed three officers and to fix their compensation at rates

not to exceed the rate now or hereafter payable under section 5376

of title 5.

(c) Personnel from other agencies

Upon the request of the Administrator, the head of any Federal

agency is authorized to detail, on a reimbursable basis, any of its

personnel to the Administrator to assist the Administrator in

carrying out the functions of the Administrator under this

subchapter.

(d) Experts and consultants

The Administrator may obtain services as authorized by section

3109 of title 5, at rates not to exceed the rate now or hereafter

payable under section 5376 of title 5.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 202, Sept. 7, 1974, 88 Stat. 1113;

Pub. L. 95-115, Sec. 3(a)(3)(A), Oct. 3, 1977, 91 Stat. 1048; Pub.

L. 96-509, Sec. 19(c), Dec. 8, 1980, 94 Stat. 2763; Pub. L. 98-473,

title II, Sec. 621, Oct. 12, 1984, 98 Stat. 2109; Pub. L. 102-586,

Sec. 2(b), Nov. 4, 1992, 106 Stat. 4984; Pub. L. 107-273, div. C,

title II, Sec. 12221(a)(1), Nov. 2, 2002, 116 Stat. 1894.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 substituted "payable under

section 5376" for "prescribed for GS-18 of the General Schedule by

section 5332".

1992 - Subsec. (b). Pub. L. 102-586, Sec. 2(b)(1), which directed

the substitution of "payable under section 5376" for "prescribes

for GS-18 of the General Schedule by section 5332", could not be

executed because the phrase "prescribes for GS-18 of the General

Schedule by section 5332" did not appear in text.

Subsec. (c). Pub. L. 102-586, Sec. 2(b)(2), substituted

"subchapter" for "chapter".

Subsec. (d). Pub. L. 102-586, Sec. 2(b)(3), substituted "payable

under section 5376" for "prescribed for GS-18 of the General

Schedule by section 5332".

1984 - Subsec. (a). Pub. L. 98-473, Sec. 621(a), substituted "the

Administrator" for "him" before "and to prescribe".

Subsec. (c). Pub. L. 98-473, Sec. 621(b), substituted "the

Administrator" for "him" before "in carrying out" and "the

functions of the Administrator" for "his functions".

1980 - Subsec. (c). Pub. L. 96-509, Sec. 19(c)(1), substituted

"Administrator" for "Associate Administrator".

Subsec. (d). Pub. L. 96-509, Sec. 19(c)(2), substituted "title 5"

for "title I" after "section 5332 of".

1977 - Subsec. (c). Pub. L. 95-115 substituted "Associate" for

"Assistant".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5613. Voluntary and uncompensated services

-STATUTE-

The Administrator is authorized to accept and employ, in carrying

out the provisions of this chapter, voluntary and uncompensated

services notwithstanding the provisions of section 1342 of title

31.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 203, Sept. 7, 1974, 88 Stat. 1113.)

-COD-

CODIFICATION

"Section 1342 of title 31" substituted in text for "section

3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on authority of

Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

-End-

-CITE-

42 USC Sec. 5614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5614. Concentration of Federal efforts

-STATUTE-

(a) Implementation of policy by Administrator; consultation with

Council and Advisory Committee

(1) The Administrator shall develop objectives, priorities, and a

long-term plan, and implement overall policy and a strategy to

carry out such plan, for all Federal juvenile delinquency programs

and activities relating to prevention, diversion, training,

treatment, rehabilitation, evaluation, research, and improvement of

the juvenile justice system in the United States. In carrying out

the functions of the Administrator, the Administrator shall consult

with the Council.

(2)(A) The plan described in paragraph (1) shall -

(i) contain specific goals and criteria for making grants and

contracts, for conducting research, and for carrying out other

activities under this subchapter; and

(ii) provide for coordinating the administration programs and

activities under this subchapter with the administration of all

other Federal juvenile delinquency programs and activities,

including proposals for joint funding to be coordinated by the

Administrator.

(B) The Administrator shall review the plan described in

paragraph (1) annually, revise the plan as the Administrator

considers appropriate, and publish the plan in the Federal Register

-

(i) not later than 240 days after November 4, 1992, in the case

of the initial plan required by paragraph (1); and

(ii) except as provided in clause (i), in the 30-day period

ending on October 1 of each year.

(b) Duties of Administrator

In carrying out the purposes of this chapter, the Administrator

shall -

(1) advise the President through the Attorney General as to all

matters relating to federally assisted juvenile delinquency

programs and Federal policies regarding juvenile delinquency;

(2) assist operating agencies which have direct

responsibilities for the prevention and treatment of juvenile

delinquency in the development and promulgation of regulations,

guidelines, requirements, criteria, standards, procedures, and

budget requests in accordance with the policies, priorities, and

objectives the Administrator establishes;

(3) conduct and support evaluations and studies of the

performance and results achieved by Federal juvenile delinquency

programs and activities;

(4) implement Federal juvenile delinquency programs and

activities among Federal departments and agencies and between

Federal juvenile delinquency programs and activities and other

Federal programs and activities which the Administrator

determines may have an important bearing on the success of the

entire Federal juvenile delinquency effort;

(5)(A) develop for each fiscal year, and publish annually in

the Federal Register for public comment, a proposed comprehensive

plan describing the particular activities which the Administrator

intends to carry out under parts D and E of this subchapter in

such fiscal year, specifying in detail those activities designed

to satisfy the requirements of parts D and E of this subchapter;

and

(B) taking into consideration comments received during the

45-day period beginning on the date the proposed plan is

published, develop and publish a final plan, before December 31

of such fiscal year, describing the particular activities which

the Administrator intends to carry out under parts D and E of

this subchapter in such fiscal year, specifying in detail those

activities designed to satisfy the requirements of parts D and E

of this subchapter;

(6) provide for the auditing of monitoring systems required

under section 5633(a)(15) (!1) of this title to review the

adequacy of such systems; and

(7) not later than 1 year after November 2, 2002, issue model

standards for providing mental health care to incarcerated

juveniles.

(c) Information, reports, studies, and surveys from other agencies

The Administrator may require, through appropriate authority,

Federal departments and agencies engaged in any activity involving

any Federal juvenile delinquency program to provide the

Administrator with such information as may be appropriate to

prevent the duplication of efforts, and to coordinate activities,

related to the prevention of juvenile delinquency.

(d) Delegation of functions

The Administrator shall have the sole authority to delegate any

of the functions of the Administrator under this chapter.

(e) Utilization of services and facilities of other agencies;

reimbursement

The Administrator is authorized to utilize the services and

facilities of any agency of the Federal Government and of any other

public agency or institution in accordance with appropriate

agreements, and to pay for such services either in advance or by

way of reimbursement as may be agreed upon.

(f) Coordination of functions of Administrator and Secretary of

Health and Human Services

All functions of the Administrator under this subchapter shall be

coordinated as appropriate with the functions of the Secretary of

Health and Human Services under subchapter III of this chapter.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 204, Sept. 7, 1974, 88 Stat. 1113;

Pub. L. 94-273, Secs. 8(3), 12(3), Apr. 21, 1976, 90 Stat. 378;

Pub. L. 95-115, Sec. 3(a)(3)(A), (b), Oct. 3, 1977, 91 Stat. 1048,

1049; Pub. L. 96-509, Secs. 7, 19(d), Dec. 8, 1980, 94 Stat. 2752,

2763; Pub. L. 98-473, title II, Sec. 622, Oct. 12, 1984, 98 Stat.

2109; Pub. L. 100-690, title VII, Sec. 7253, Nov. 18, 1988, 102

Stat. 4436; Pub. L. 102-586, Sec. 2(c), Nov. 4, 1992, 106 Stat.

4984; Pub. L. 107-273, div. C, title II, Sec. 12205, Nov. 2, 2002,

116 Stat. 1872.)

-REFTEXT-

REFERENCES IN TEXT

Section 5633(a)(15) of this title, referred to in subsec. (b)(6),

was redesignated section 5633(a)(14) of this title by Pub. L.

107-273, div. C, title II, Sec. 12209(1)(S), Nov. 2, 2002, 116

Stat. 1879.

-COD-

CODIFICATION

November 2, 2002, referred to in subsec. (b)(7), was in the

original "the date of the enactment of this paragraph" which was

translated as meaning the date of enactment of Pub. L. 107-273,

which amended par. (7) generally, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-273, Sec. 12205(1)(A), struck

out "and of the prospective performance and results that might be

achieved by alternative programs and activities supplementary to or

in lieu of those currently being administered" before semicolon at

end.

Subsec. (b)(5). Pub. L. 107-273, Sec. 12205(1)(B), substituted

"parts D and E" for "parts C and D" wherever appearing.

Subsec. (b)(7). Pub. L. 107-273, Sec. 12205(1)(C), amended par.

(7) generally. Prior to amendment, par. (7) read as follows: "not

later than 1 year after November 4, 1992, issue model standards for

providing health care to incarcerated juveniles."

Subsec. (c). Pub. L. 107-273, Sec. 12205(2), substituted "as may

be appropriate to prevent the duplication of efforts, and to

coordinate activities, related to the prevention of juvenile

delinquency" for "and reports, and to conduct such studies and

surveys, as the Administrator may deem to be necessary to carry out

the purposes of this part".

Subsec. (d). Pub. L. 107-273, Sec. 12205(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

Administrator may delegate any of the functions of the

Administrator under this subchapter, to any officer or employee of

the Office."

Subsecs. (f), (h). Pub. L. 107-273, Sec. 12205(5), redesignated

subsec. (h) as (f).

Subsec. (i). Pub. L. 107-273, Sec. 12205(4), struck out subsec.

(i) which read as follows:

"(1) The Administrator shall require through appropriate

authority each Federal agency which administers a Federal juvenile

delinquency program to submit annually to the Council a juvenile

delinquency development statement. Such statement shall be in

addition to any information, report, study, or survey which the

Administrator may require under subsection (c) of this section.

"(2) Each juvenile delinquency development statement submitted to

the Administrator under paragraph (1) shall contain such

information, data, and analyses as the Administrator may require.

Such analyses shall include an analysis of the extent to which the

juvenile delinquency program of the Federal agency submitting such

development statement conforms with and furthers Federal juvenile

delinquency prevention and treatment goals and policies.

"(3) The Administrator shall review and comment upon each

juvenile delinquency development statement transmitted to the

Administrator under paragraph (1). Such development statement,

together with the comments of the Administrator, shall be included

by the Federal agency involved in every recommendation or request

made by such agency for Federal legislation which significantly

affects juvenile delinquency prevention and treatment."

1992 - Subsec. (a). Pub. L. 102-586, Sec. 2(c)(1), designated

existing provisions as par. (1), substituted "develop objectives,

priorities, and a long-term plan, and implement overall policy and

a strategy to carry out such plan," for "implement overall policy

and develop objectives and priorities", and added par. (2).

Subsec. (b)(7). Pub. L. 102-586, Sec. 2(c)(2), (3), added par.

(7).

Subsec. (f). Pub. L. 102-586, Sec. 2(c)(4), struck out subsec.

(f) which read as follows: "The Administrator is authorized to

transfer funds appropriated under this section to any agency of the

Federal Government to develop or demonstrate new methods in

juvenile delinquency prevention and rehabilitation and to

supplement existing delinquency prevention and rehabilitation

programs which the Administrator finds to be exceptionally

effective or for which the Administrator finds there exists

exceptional need."

Subsec. (g). Pub. L. 102-586, Sec. 2(c)(4), struck out subsec.

(g) which read as follows: "The Administrator is authorized to make

grants to, or enter into contracts with, any public or private

agency, organization, institution, or individual to carry out the

purposes of this subchapter."

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7253(a), struck out

"and the National Advisory Committee for Juvenile Justice and

Delinquency Prevention" before period at end.

Subsec. (b)(5). Pub. L. 100-690, Sec. 7253(b)(1), amended par.

(5) generally. Prior to amendment, par. (5) read as follows:

"develop annually with the assistance of the Advisory Committee and

the Coordinating Council and submit to the President and the

Congress, after the first year following October 3, 1977, prior to

December 31, an analysis and evaluation of Federal juvenile

delinquency programs conducted and assisted by Federal departments

and agencies, the expenditures made, the results achieved, the

plans developed, and problems in the operations and coordination of

such programs and a brief but precise comprehensive plan for

Federal juvenile delinquency programs, with particular emphasis on

the prevention of juvenile delinquency and the development of

programs and services which will encourage increased diversion of

juveniles from the traditional juvenile justice system, which

analysis and evaluation shall include recommendations for

modifications in organization, management, personnel, standards,

budget requests, and implementation plans necessary to increase the

effectiveness of these programs;".

Subsec. (b)(6), (7). Pub. L. 100-690, Sec. 7253(b)(2), (3),

redesignated par. (7) as (6) and struck out former par. (6) which

read as follows: "provide technical assistance and training

assistance to Federal, State, and local governments, courts, public

and private agencies, institutions, and individuals, in the

planning, establishment, funding, operation, or evaluation of

juvenile delinquency programs; and".

Subsec. (c). Pub. L. 100-690, Sec. 7253(c)(1), (3), redesignated

subsec. (f) as (c) and struck out former subsec. (c) which read as

follows: "The President shall, no later than ninety days after

receiving each annual report under subsection (b)(5) of this

section, submit a report to the Congress and to the Council

containing a detailed statement of any action taken or anticipated

with respect to recommendations made by each annual report."

Subsec. (d). Pub. L. 100-690, Sec. 7253(c)(1), (3), redesignated

subsec. (g) as (d) and struck out former subsec. (d) which read as

follows:

"(1) The first annual report submitted to the President and the

Congress by the Administrator under subsection (b)(5) of this

section shall contain, in addition to information required by

subsection (b)(5) of this section, a detailed statement of criteria

developed by the Administrator for identifying the characteristics

of juvenile delinquency, juvenile delinquency prevention, diversion

of youths from the juvenile justice system, and the training,

treatment, and rehabilitation of juvenile delinquents.

"(2) The second such annual report shall contain, in addition to

information required by subsection (b)(5) of this section, an

identification of Federal programs which are related to juvenile

delinquency prevention or treatment, together with a statement of

the moneys expended for each such program during the most recent

complete fiscal year. Such identification shall be made by the

Administrator through the use of criteria developed under paragraph

(1)."

Subsec. (e). Pub. L. 100-690, Sec. 7253(c)(1), (3), redesignated

subsec. (h) as (e) and struck out former subsec. (e) which read as

follows: "The third such annual report submitted to the President

and the Congress by the Administrator under subsection (b)(5) of

this section shall contain, in addition to the comprehensive plan

required by subsection (b)(5) of this section, a detailed statement

of procedures to be used with respect to the submission of juvenile

delinquency development statements to the Administrator by Federal

agencies under subsection (l) of this section. Such statement

submitted by the Administrator shall include a description of

information, data, and analyses which shall be contained in each

such development statement."

Subsecs. (f) to (h). Pub. L. 100-690, Sec. 7253(c)(3),

redesignated subsecs. (i) to (k) as (f) to (h), respectively.

Former subsecs. (f) to (h) redesignated (c) to (e), respectively.

Subsec. (i). Pub. L. 100-690, Sec. 7253(c)(2), (3), redesignated

subsec. (l) as (i), struck out "which meets any criterion developed

by the Administrator under subsection (d)(1) of this section" after

"juvenile delinquency program" and substituted "subsection (c)" for

"subsection (f)" in par. (1), and struck out "shall be submitted in

accordance with procedure established by the Administrator under

subsection (e) of this section and" after "under paragraph (1)" and

"under subsection (e) of this section" after "Administrator may

require" in par. (2). Former subsec. (i) redesignated (f).

Subsecs. (j) to (l). Pub. L. 100-690, Sec. 7253(c)(3),

redesignated subsecs. (j) to (l) as (g) to (i), respectively.

Subsec. (m). Pub. L. 100-690, Sec. 7253(c)(4), struck out subsec.

(m) which read as follows: "To carry out the purposes of this

section, there is authorized to be appropriated for each fiscal

year an amount which does not exceed 7.5 percent of the total

amount appropriated to carry out this subchapter."

1984 - Subsec. (a). Pub. L. 98-473, Sec. 622(a), substituted "the

functions of the Administrator" for "his functions".

Subsec. (b)(2), (4). Pub. L. 98-473, Sec. 622(b)(1), (2),

substituted "the Administrator" for "he".

Subsec. (b)(7). Pub. L. 98-473, Sec. 622(b)(3)-(5), added par.

(7).

Subsec. (e). Pub. L. 98-473, Sec. 622(c), substituted "subsection

(l)" for "subsection ('l')".

Subsec. (f). Pub. L. 98-473, Sec. 622(d), substituted "the

Administrator" for "him" before "with such information" and for

"he" before "may deem to be".

Subsec. (g). Pub. L. 98-473, Sec. 622(e), substituted "the

functions of the Administrator" for "his functions".

Subsec. (i). Pub. L. 98-473, Sec. 622(f), substituted "section"

for "subchapter" and "the Administrator" for "he" before "finds

there exists".

Subsec. (l)(1). Pub. L. 98-473, Sec. 622(g)(1), substituted

"subsection (d)(1) of this section" for "section 5614(d)(1) of this

title" and "subsection (f) of this section" for "section 5614(f) of

this title".

Subsec. (l)(2). Pub. L. 98-473, Sec. 622(g)(2), substituted

"paragraph (1)" for "subsection ('l')" and "subsection (e) of this

section" for "section 5614(e) of this title" in two places.

Subsec. (l)(3). Pub. L. 98-473, Sec. 622(g)(3), substituted "the

Administrator" for "him" after "transmitted to" and "paragraph (1)"

for "subsection ('l')".

1980 - Subsec. (b). Pub. L. 96-509, Sec. 7(a), struck out

reference to the Associate Administrator in provisions preceding

par. (1) and in par. (6) inserted reference to training assistance.

Subsec. (d)(1). Pub. L. 96-509, Sec. 19(d)(1), substituted

"Administrator for identifying" for "Associate Administrator for

identifying".

Subsec. (g). Pub. L. 96-509, Sec. 19(d)(2), substituted "Office"

for "Administration".

Subsec. (i). Pub. L. 96-509, Sec. 19(d)(3), substituted

"Administrator finds" for "Associate Administrator finds".

Subsec. (k). Pub. L. 96-509, Sec. 19(d)(4), substituted "Health

and Human Services" for "the Department of Health, Education, and

Welfare".

Subsec. (l)(1). Pub. L. 96-509, Sec. 19(d)(5), substituted

"developed by the Administrator" for "developed by the Associate

Administrator".

Subsec. (m). Pub. L. 96-509, Sec. 7(b), added subsec. (m).

1977 - Subsec. (b). Pub. L. 95-115, Sec. 3(b)(1), in introductory

text inserted requirement for assistance of the Associate

Administrator, added par. (5), and redesignated par. (7) as (6).

Former par. (5), relating to an analysis and evaluation of Federal

juvenile delinquency programs, and former par. (6), relating to a

comprehensive plan for Federal juvenile delinquency programs, were

struck out.

Subsec. (d)(1). Pub. L. 95-115, Sec. 3(b)(2), inserted

"Associate" before "Administrator for".

Subsec. (e). Pub. L. 95-115, Sec. 3(b)(3), substituted "(5)" for

"(6)" in two places.

Subsec. (f). Pub. L. 95-115, Sec. 3(b)(4), inserted "Federal"

after "appropriate authority,".

Subsec. (g). Pub. L. 95-115, Sec. 3(b)(5), substituted

"subchapter" for "part, except the making of regulations".

Subsec. (i). Pub. L. 95-115, Sec. 3(a)(3)(A), substituted

"Associate" for "Assistant".

Subsec. (j). Pub. L. 95-115, Sec. 3(b)(6), inserted

"organization," after "agency," and substituted "subchapter" for

"part".

Subsec. (k). Pub. L. 95-115, Sec. 3(b)(7), substituted

"subchapter" for "part" and "subchapter III of this chapter" for

"the Juvenile Delinquency Prevention Act".

Subsec. (l)(1). Pub. L. 95-115, Sec. 3(b)(8), inserted

"Associate" before "Administrator under".

1976 - Subsec. (b)(5). Pub. L. 94-273, Sec. 8(3), substituted

"December 31" for "September 30".

Subsec. (b)(6). Pub. L. 94-273, Sec. 12(3), substituted "June"

for "March".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, but

amendment by section 7253(b)(1) of Pub. L. 100-690 not applicable

with respect to fiscal year 1989, see section 7296(a), (b)(2) of

Pub. L. 100-690, set out as a note under section 5601 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

EFFECTIVE DATE

Section effective Sept. 7, 1974, except that subsec. (b)(5), (6)

effective at close of thirty-first day of twelfth calendar month of

1974, and subsec. (l) effective at close of thirtieth day of

eleventh calendar month of 1976, see section 263(a), (b) of Pub. L.

93-415, set out as a note under section 5601 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment unless in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the end of such 2-year period, or in the case of a committee

established by the Congress, its duration is otherwise provided by

law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776,

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5616 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5615. Joint funding; non-Federal share requirements

-STATUTE-

Notwithstanding any other provision of law, where funds are made

available by more than one Federal agency to be used by any agency,

organization, institution, or individual to carry out a Federal

juvenile delinquency program or activity, any one of the Federal

agencies providing funds may be requested by the Administrator to

act for all in administering the funds advanced whenever the

Administrator finds the program or activity to be exceptionally

effective or for which the Administrator finds exceptional need. In

such cases, a single non-Federal share requirement may be

established according to the proportion of funds advanced by each

Federal agency, and the Administrator may order any such agency to

waive any technical grant or contract requirement (as defined in

such regulations) which is inconsistent with the similar

requirement of the administering agency or which the administering

agency does not impose.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 205, Sept. 7, 1974, 88 Stat. 1116;

Pub. L. 95-115, Sec. 3(c), Oct. 3, 1977, 91 Stat. 1049; Pub. L.

96-509, Sec. 19(e), Dec. 8, 1980, 94 Stat. 2763.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-509 struck out "Associate" before

"Administrator finds" in two places.

1977 - Pub. L. 95-115 inserted provisions relating to functions

of the Associate Administrator with respect to joint funding.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5616. Coordinating Council on Juvenile Justice and Delinquency

Prevention

-STATUTE-

(a) Establishment; membership

(1) There is hereby established, as an independent organization

in the executive branch of the Federal Government a Coordinating

Council on Juvenile Justice and Delinquency Prevention composed of

the Attorney General, the Secretary of Health and Human Services,

the Secretary of Labor, the Secretary of Education, the Secretary

of Housing and Urban Development, the Administrator of the Office

of Juvenile Justice and Delinquency Prevention, the Director of the

Office of National Drug Control Policy, the Chief Executive Officer

of the Corporation for National and Community Service, the

Commissioner of Immigration and Naturalization, such other officers

of Federal agencies who hold significant decisionmaking authority

as the President may designate, and individuals appointed under

paragraph (2).

(2)(A) Nine members shall be appointed, without regard to

political affiliation, to the Council in accordance with this

paragraph from among individuals who are practitioners in the field

of juvenile justice and who are not officers or employees of the

United States.

(B)(i) Three members shall be appointed by the Speaker of the

House of Representatives, after consultation with the minority

leader of the House of Representatives.

(ii) Three members shall be appointed by the majority leader of

the Senate, after consultation with the minority leader of the

Senate.

(iii) Three members shall be appointed by the President.

(C)(i) Of the members appointed under each of clauses (i), (ii),

and (iii) -

(I) 1 shall be appointed for a term of 1 year;

(II) 1 shall be appointed for a term of 2 years; and

(III) 1 shall be appointed for a term of 3 years;

as designated at the time of appointment.

(ii) Except as provided in clause (iii), a vacancy arising during

the term for which an appointment is made may be filled only for

the remainder of such term.

(iii) After the expiration of the term for which a member is

appointed, such member may continue to serve until a successor is

appointed.

(b) Chairman and Vice Chairman

The Attorney General shall serve as Chairman of the Council. The

Administrator of the Office of Juvenile Justice and Delinquency

Prevention shall serve as Vice Chairman of the Council. The Vice

Chairman shall act as Chairman in the absence of the Chairman.

(c) Functions

(1) The function of the Council shall be to coordinate all

Federal juvenile delinquency programs (in cooperation with State

and local juvenile justice programs) all Federal programs and

activities that detain or care for unaccompanied juveniles, and all

Federal programs relating to missing and exploited children. The

Council shall examine how the separate programs can be coordinated

among Federal, State, and local governments to better serve at-risk

children and juveniles and shall make recommendations to the

President, and to the Congress, at least annually with respect to

the coordination of overall policy and development of objectives

and priorities for all Federal juvenile delinquency programs and

activities and all Federal programs and activities that detain or

care for unaccompanied juveniles. The Council shall review the

programs and practices of Federal agencies and report on the degree

to which Federal agency funds are used for purposes which are

consistent or inconsistent with the mandates of paragraphs (12)(A),

(13), and (14) of section 5633(a) of this title. The Council shall

review, and make recommendations with respect to, any joint funding

proposal undertaken by the Office of Juvenile Justice and

Delinquency Prevention and any agency represented on the Council.

The Council shall review the reasons why Federal agencies take

juveniles into custody and shall make recommendations regarding how

to improve Federal practices and facilities for holding juveniles

in custody.

(2) In addition to performing their functions as members of the

Council, the members appointed under subsection (a)(2) of this

section shall collectively -

(A) make recommendations regarding the development of the

objectives, priorities, and the long-term plan, and the

implementation of overall policy and the strategy to carry out

such plan, referred to in section 5614(a)(1) of this title; and

(B) not later than 180 days after November 4, 1992, submit such

recommendations to the Administrator, the Chairman of the

Committee on Education and the Workforce of the House of

Representatives, and the Chairman of the Committee on the

Judiciary of the Senate.

(d) Meetings

The Council shall meet at least quarterly.

(e) Appointment of personnel or staff support by Administrator

The Administrator shall, with the approval of the Council,

appoint such personnel or staff support as the Administrator

considers necessary to carry out the purposes of this subchapter.

(f) Expenses of Council members; reimbursement

Members appointed under subsection (a)(2) of this section shall

serve without compensation. Members of the Council shall be

reimbursed for travel, subsistence, and other necessary expenses

incurred by them in carrying out the duties of the Council.

(g) Authorization of appropriations

Of sums available to carry out this part, not more than $200,000

shall be available to carry out this section.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 206, Sept. 7, 1974, 88 Stat. 1116;

Pub. L. 94-237, Sec. 4(c)(5)(D), Mar. 19, 1976, 90 Stat. 244; Pub.

L. 95-115, Sec. 3(a)(3)(A), (5), (d), Oct. 3, 1977, 91 Stat.

1048-1050; Pub. L. 96-509, Secs. 8, 19(f), Dec. 8, 1980, 94 Stat.

2753, 2763; Pub. L. 98-473, title II, Sec. 623, Oct. 12, 1984, 98

Stat. 2110; Pub. L. 100-690, title VII, Secs. 7251(b), 7252(b)(2),

7254, Nov. 18, 1988, 102 Stat. 4435-4437; Pub. L. 102-586, Sec.

2(d), Nov. 4, 1992, 106 Stat. 4985; Pub. L. 103-82, title IV, Sec.

405(k), Sept. 21, 1993, 107 Stat. 922; Pub. L. 107-273, div. C,

title II, Sec. 12206, Nov. 2, 2002, 116 Stat. 1872.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(2)(B). Pub. L. 107-273 substituted "Education

and the Workforce" for "Education and Labor".

1993 - Subsec. (a)(1). Pub. L. 103-82 substituted "the Chief

Executive Officer of the Corporation for National and Community

Service" for "the Director of the ACTION Agency".

1992 - Subsec. (a)(1). Pub. L. 102-586, Sec. 2(d)(1)(A),

substituted "the Administrator of the Office of Juvenile Justice

and Delinquency Prevention, the Director of the Office of National

Drug Control Policy, the Director of the ACTION Agency, the

Commissioner of Immigration and Naturalization, such other officers

of Federal agencies who hold significant decisionmaking authority

as the President may designate, and individuals appointed under

paragraph (2)" for "the Director of the Office of Community

Services, the Director of the Office of Drug Abuse Policy, the

Director of the ACTION Agency, the Director of the Bureau of

Prisons, the Commissioner of the Bureau of Indian Affairs, the

Director for the Office of Special Education and Rehabilitation

Services, the Commissioner for the Administration for Children,

Youth, and Families, and the Director of the Youth Development

Bureau, or their respective designees, the Assistant Attorney

General who heads the Office of Justice Programs, the Director of

the Bureau of Justice Assistance, the Administrator of the Office

of Juvenile Justice and Delinquency Prevention, the Director of the

National Institute of Justice, and representatives of such other

agencies as the President shall designate".

Subsec. (a)(2). Pub. L. 102-586, Sec. 2(d)(1)(B), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "Any

individual designated under this section shall be selected from

individuals who exercise significant decisionmaking authority in

the Federal agency involved."

Subsec. (c). Pub. L. 102-586, Sec. 2(d)(2), designated existing

provisions as par. (1), inserted "(in cooperation with State and

local juvenile justice programs) all Federal programs and

activities that detain or care for unaccompanied juveniles,",

"shall examine how the separate programs can be coordinated among

Federal, State, and local governments to better serve at-risk

children and juveniles and" and "and all Federal programs and

activities that detain or care for unaccompanied juveniles", and

added par. (2).

Subsec. (f). Pub. L. 102-586, Sec. 2(d)(3), inserted "Members

appointed under subsection (a)(2) of this section shall serve

without compensation." before "Members of the Council" and struck

out "who are employed by the Federal Government full time" before

"shall be".

1988 - Subsec. (a)(1). Pub. L. 100-690, Secs. 7251(b),

7252(b)(2), struck out "(hereinafter referred to as the 'Council')"

after "Coordinating Council on Juvenile Justice and Delinquency

Prevention" and "the Deputy Administrator of the Institute for

Juvenile Justice and Delinquency Prevention," after "Administrator

of the Office of Juvenile Justice and Delinquency Prevention,".

Subsec. (c). Pub. L. 100-690, Sec. 7254(a)(1)-(3), struck out ",

in consultation with the Advisory Board on Missing Children," after

"programs and" in first sentence, substituted "shall" for "is

authorized to" and "paragraphs (12)(A), (13), and (14) of section

5633(a) of this title" for "section 5633(a)(12)(A) and (13) of this

title" in third sentence, and inserted at end "The Council shall

review the reasons why Federal agencies take juveniles into custody

and shall make recommendations regarding how to improve Federal

practices and facilities for holding juveniles in custody."

Subsec. (d). Pub. L. 100-690, Sec. 7254(b), struck out provision

that annual report required by section 5614(b)(5) of this title

include a description of the activities of the Council.

Subsec. (g). Pub. L. 100-690, Sec. 7254(c), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "To

carry out the purposes of this section there is authorized to be

appropriated such sums as may be necessary, not to exceed $200,000

for each fiscal year."

1984 - Subsec. (a)(1). Pub. L. 98-473, Sec. 623(a), substituted

"Office of Community Services" for "Community Services

Administration", "Assistant Attorney General who heads the Office

of Justice Programs" for "Director of the Office of Justice

Assistance, Research, and Statistics", and "Director of the Bureau

of Justice Assistance" for "Administrator of the Law Enforcement

Assistance Administration".

Subsec. (c). Pub. L. 98-473, Sec. 623(b), substituted

"delinquency programs and, in consultation with the Advisory Board

on Missing Children, all Federal programs relating to missing and

exploited children" for "delinquency programs".

Subsec. (e). Pub. L. 98-473, Sec. 623(c), substituted "the

Administrator" for "he" before "considers necessary".

Subsec. (g). Pub. L. 98-473, Sec. 623(d), substituted "$200,000"

for "$500,000".

1980 - Subsec. (a)(1). Pub. L. 96-509, Secs. 8(a), 19(f)(1),

substituted "the Secretary of Health and Human Services, the

Secretary of Labor, the Secretary of Education, the Secretary of

Housing and Urban Development, the Director of the Community

Services Administration, the Director of the Office of Drug Abuse

Policy, the Director of the ACTION Agency, the Director of the

Bureau of Prisons, the Commissioner of the Bureau of Indian

Affairs, the Director of the Office of Special Education and

Rehabilitation Services, the Commissioner for the Administration

for Children, Youth, and Families, and the Director of the Youth

Development Bureau, or their respective designees, the Director of

the Office of Justice Assistance, Research and Statistics, the

Administrator of the Law Enforcement Assistance Administration, the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention, the Deputy Administrator of the Institute for Juvenile

Justice and Delinquency Prevention, the Director of the National

Institute of Justice, and representatives" for "the Secretary of

Health, Education, and Welfare, the Secretary of Labor, the

Director of the Office of Drug Abuse Policy, the Commissioner of

the Office of Education, the Director of the ACTION Agency, the

Secretary of Housing and Urban Development, or their respective

designees, the Associate Administrator of the Office of Juvenile

Justice and Delinquency Prevention, the Deputy Associate

Administrator of the Institute for Juvenile Justice and Delinquency

Prevention, and representatives".

Subsec. (b). Pub. L. 96-509, Sec. 19(f)(2), struck out

"Associate" before "Administrator".

Subsec. (c). Pub. L. 96-509, Sec. 8(b), provided that the

Coordinating Council make its annual recommendations to the

Congress as well as the President and that the Coordinating Council

review and make recommendations with respect to any joint funding

proposal undertaken by the Office of Juvenile Justice and

Delinquency Prevention and any agency represented on the Council

and struck out "the Attorney General and".

Subsec. (d). Pub. L. 96-509, Sec. 8(c), substituted "at least

quarterly" for "a minimum of four times per year".

Subsec. (e). Pub. L. 96-509, Secs. 8(d), 19(f)(3), substituted

"The Administrator shall" for "The Associate Administrator may".

Subsec. (g). Pub. L. 96-509, Sec. 8(e), placed a limit of

$500,000 for each fiscal year on the amount authorized to be

appropriated to carry out the purposes of this section.

1977 - Subsec. (a)(1). Pub. L. 95-115, Sec. 3(a)(3)(A), (5),

(d)(1), inserted references to the Commissioner of the Office of

Education and the Director of the ACTION Agency, and substituted

"Associate" for "Assistant" wherever appearing.

Subsec. (b). Pub. L. 95-115, Sec. 3(a)(3)(A), substituted

"Associate" for "Assistant".

Subsec. (c). Pub. L. 95-115, Sec. 3(d)(2), inserted provisions

relating to review functions of the Council.

Subsec. (d). Pub. L. 95-115, Sec. 3(d)(3), substituted "four" for

"six".

Subsec. (e). Pub. L. 95-115, Sec. 3(d)(4), redesignated former

par. (3) as entire subsec. (e) and, as so redesignated, inserted

"or staff support" after "personnel" and substituted "Associate

Administrator" for "Executive Secretary". Former pars. (1) and (2),

which related to appointment and responsibilities of the Executive

Secretary, respectively, were struck out.

1976 - Subsec. (a)(1). Pub. L. 94-237 substituted "Office of Drug

Abuse Policy" for "Special Action Office for Drug Abuse

Prevention".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(1) of this section relating to the Council making

recommendations to Congress at least annually, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and item 1 on page 159 of House

Document No. 103-7.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5603 of this title.

-End-

-CITE-

42 USC Sec. 5617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Sec. 5617. Annual report

-STATUTE-

Not later than 180 days after the end of a fiscal year, the

Administrator shall submit to the President, the Speaker of the

House of Representatives, and the President pro tempore of the

Senate a report that contains the following with respect to such

fiscal year:

(1) A detailed summary and analysis of the most recent data

available regarding the number of juveniles taken into custody,

the rate at which juveniles are taken into custody, and the

trends demonstrated by the data required by subparagraphs (A),

(B), and (C). Such summary and analysis shall set out the

information required by subparagraphs (A), (B), (C), and (D)

separately for juvenile nonoffenders, juvenile status offenders,

and other juvenile offenders. Such summary and analysis shall

separately address with respect to each category of juveniles

specified in the preceding sentence -

(A) the types of offenses with which the juveniles are

charged;

(B) the race and gender of the juveniles;

(C) the ages of the juveniles;

(D) the types of facilities used to hold the juveniles

(including juveniles treated as adults for purposes of

prosecution) in custody, including secure detention facilities,

secure correctional facilities, jails, and lockups;

(E) the number of juveniles who died while in custody and the

circumstances under which they died; and

(F) the educational status of juveniles, including

information relating to learning disabilities, failing

performance, grade retention, and dropping out of school.

(2) A description of the activities for which funds are

expended under this part, including the objectives, priorities,

accomplishments, and recommendations of the Council.

(3) A description, based on the most recent data available, of

the extent to which each State complies with section 5633 of this

title and with the plan submitted under such section by the State

for such fiscal year.

(4) An evaluation of the programs funded under this subchapter

and their effectiveness in reducing the incidence of juvenile

delinquency, particularly violent crime, committed by juveniles.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 207, as added Pub. L. 100-690,

title VII, Sec. 7255, Nov. 18, 1988, 102 Stat. 4437; amended Pub.

L. 102-586, Sec. 2(e), Nov. 4, 1992, 106 Stat. 4986; Pub. L.

107-273, div. C, title II, Sec. 12207, Nov. 2, 2002, 116 Stat.

1872.)

-MISC1-

PRIOR PROVISIONS

A prior section 5617, Pub. L. 93-415, title II, Sec. 207, as

added Pub. L. 96-509, Sec. 9, Dec. 8, 1980, 94 Stat. 2753, related

to establishment and functions of National Advisory Committee for

Juvenile Justice and Delinquency Prevention, prior to repeal eff.

Oct. 12, 1984, by Pub. L. 98-473, title II, Sec. 624, Oct. 12,

1984, 98 Stat. 2111.

Another prior section 5617, Pub. L. 93-415, title II, Sec. 207,

Sept. 7, 1974, 88 Stat. 1117; Pub. L. 95-115, Sec. 3(e), Oct. 3,

1977, 91 Stat. 1050, related to National Advisory Committee for

Juvenile Justice and Delinquency Prevention, its membership, terms

of office, etc., prior to repeal by Pub. L. 96-509, Sec. 9, Dec. 8,

1980, 94 Stat. 2753.

AMENDMENTS

2002 - Pars. (4), (5). Pub. L. 107-273 added par. (4) and struck

out former pars. (4) and (5) which read as follows:

"(4) A summary of each program or activity for which assistance

is provided under part C or D of this subchapter, an evaluation of

the results of such program or activity, and a determination of the

feasibility and advisability of replicating such program or

activity in other locations.

"(5) A description of selected exemplary delinquency prevention

programs for which assistance is provided under this subchapter,

with particular attention to community-based juvenile delinquency

prevention programs that involve and assist families of juveniles."

1992 - Par. (1)(D). Pub. L. 102-586, Sec. 2(e)(1)(A), inserted

"(including juveniles treated as adults for purposes of

prosecution)".

Par. (1)(F). Pub. L. 102-586, Sec. 2(e)(1)(B), (2), (3), added

subpar. (F).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1988, with the report required by this

section with respect to fiscal year 1988 to be submitted not later

than Aug. 1, 1989, notwithstanding the 180-day period provided in

this section, see section 7296(a), (b)(3) of Pub. L. 100-690, as

amended, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to submittal to the Speaker of the House of

Representatives and the President pro tempore of the Senate of an

annual report, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and item 10 on page 177 of House Document No. 103-7.

USE OF COURT ORDERS TO PLACE JUVENILES IN SECURE FACILITIES, JAILS

AND LOCKUPS FOR ADULTS; INVESTIGATION AND REPORT

Section 7295 of Pub. L. 100-690 directed Comptroller General of

the United States, not later than 180 days after Nov. 18, 1988, to

conduct an investigation of extent to which valid court orders and

court orders other than valid court orders, used in the 5-year

period ending on Dec. 31, 1988, to place juveniles in secure

detention facilities, in secure correctional facilities, and in

jails and lockups for adults, and submit, not later than 3 years

after Nov. 18, 1988, a report to certain congressional committees

of results of investigation.

-End-

-CITE-

42 USC Secs. 5618, 5619 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part A - Juvenile Justice and Delinquency Prevention Office

-HEAD-

Secs. 5618, 5619. Repealed. Pub. L. 96-509, Sec. 9, Dec. 8, 1980,

94 Stat. 2753

-MISC1-

Section 5618, Pub. L. 93-415, title II, Sec. 208, Sept. 7, 1974,

88 Stat. 1117, Pub. L. 95-115, Sec. 3(a)(3)(B), (f), Oct. 3, 1977,

91 Stat. 1048, 1050, set out the duties and provided for the

staffing of the National Advisory Committee and numerous

subcommittees.

Section 5619, Pub. L. 93-415, title II, Sec. 209, Sept. 7, 1974,

88 Stat. 1118, set out provisions for compensation and

reimbursement for travel and other expenses of full and part time

Federal employees serving on the Advisory Committee.

-End-

-CITE-

42 USC Part B - Federal Assistance for State and Local

Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part B - Federal Assistance for State and Local Programs

-HEAD-

PART B - FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5667-1, 5667a-1, 5671, 5783,

5784 of this title.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, title VII, Sec. 7263(a)(1)(A), Nov. 18,

1988, 102 Stat. 4443, struck out subpart I heading "Formula

Grants".

-End-

-CITE-

42 USC Sec. 5631 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part B - Federal Assistance for State and Local Programs

-HEAD-

Sec. 5631. Authority to make grants and contracts

-STATUTE-

(a) The Administrator is authorized to make grants to States and

units of local government or combinations thereof to assist them in

planning, establishing, operating, coordinating, and evaluating

projects directly or through grants and contracts with public and

private agencies for the development of more effective education,

training, research, prevention, diversion, treatment, and

rehabilitation programs in the area of juvenile delinquency and

programs to improve the juvenile justice system.

(b)(1) With not to exceed 2 percent of the funds available in a

fiscal year to carry out this part, the Administrator shall make

grants to and enter into contracts with public and private

agencies, organizations, and individuals to provide technical

assistance to States, units of general local governments (!1) (and

combinations thereof), and local private agencies to facilitate

compliance with section 5633 of this title and implementation of

the State plan approved under section 5633(c) of this title.

(2) Grants and contracts may be made under paragraph (1) only to

public and private agencies, organizations, and individuals that

have experience in providing such technical assistance.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 221, Sept. 7, 1974, 88 Stat. 1118;

Pub. L. 95-115, Sec. 4(a), Oct. 3, 1977, 91 Stat. 1050; Pub. L.

98-473, title II, Sec. 625(a), Oct. 12, 1984, 98 Stat. 2111; Pub.

L. 100-690, title VII, Sec. 7256, Nov. 18, 1988, 102 Stat. 4438;

Pub. L. 102-586, Sec. 2(f)(1), Nov. 4, 1992, 106 Stat. 4987; Pub.

L. 105-277, div. A, Sec. 101(b) [title I, Sec. 129(a)(2)(A)], Oct.

21, 1998, 112 Stat. 2681-50, 2681-75; Pub. L. 107-273, div. C,

title II, Sec. 12221(a)(2), Nov. 2, 2002, 116 Stat. 1894.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-273 struck out at end "In

providing such technical assistance, the recipient of a grant or

contract under this subsection shall coordinate its activities with

the State agency described in section 5671(c)(1) of this title."

1998 - Subsec. (a). Pub. L. 105-277 substituted "units of local

government" for "units of general local government".

1992 - Subsec. (b)(2). Pub. L. 102-586, Sec. 2(f)(1)(A), which

directed the substitution of "experience" for "existence", could

not be executed because "existence" did not appear in text.

Pub. L. 102-586, Sec. 2(f)(1)(B), made technical amendment to

reference to section 5671 of this title to reflect renumbering of

corresponding section of original act.

1988 - Pub. L. 100-690 inserted "and contracts" after "grants" in

section catchline, designated existing provisions as subsec. (a),

and added subsec. (b).

1984 - Pub. L. 98-473 amended section catchline.

1977 - Pub. L. 95-115 inserted "grants and" before "contracts"

and substituted "units of general local government or combinations

thereof" for "local governments".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "units of local

governments".

-End-

-CITE-

42 USC Sec. 5632 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part B - Federal Assistance for State and Local Programs

-HEAD-

Sec. 5632. Allocation of funds

-STATUTE-

(a) Time; basis; amounts

(1) Subject to paragraph (2) and in accordance with regulations

promulgated under this part, funds shall be allocated annually

among the States on the basis of relative population of people

under age eighteen.

(2)(A) Subject to paragraph (3), if the aggregate amount

appropriated for a fiscal year to carry out this subchapter is less

than $75,000,000, then the amount allocated to each State for such

fiscal year shall be not less than $325,000, or such greater amount

up to $400,000 as is available to be allocated without reducing the

amount of any State or territory's allocation below the amount

allocated for fiscal year 2000, except that the amount allocated to

the Virgin Islands of the United States, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands shall be not less

than $75,000, or such greater amount up to $100,000 as is available

to be allocated without reducing the amount of any State or

territory's allocation below the amount allocated for fiscal year

2000, each.

(B) Subject to paragraph (3), if the aggregate amount

appropriated for a fiscal year to carry out this subchapter equals

or exceeds $75,000,000, then the amount allocated to each State for

such fiscal year shall be not less than $600,000, except that the

amount allocated to the Virgin Islands of the United States, Guam,

American Samoa, and the Commonwealth of the Northern Mariana

Islands shall be not less than $100,000, or such greater amount up

to $100,000 as is available to be allocated without reducing the

amount of any State or territory's allocation below the amount

allocated for fiscal year 2000, each.

(3) If, as a result of paragraph (2), the amount allocated to a

State for a fiscal year would be less than the amount allocated to

such State for fiscal year 2000, then the amounts allocated to

satisfy the requirements of such paragraph shall be reduced pro

rata to the extent necessary to allocate to such State for the

fiscal year the amount allocated to such State for fiscal year

2000.

(b) Reallocation of unobligated funds

If any amount so allocated remains unobligated at the end of the

fiscal year, such funds shall be reallocated in a manner equitable

and consistent with the purpose of this part. Any amount so

reallocated shall be in addition to the amounts already allocated

and available to the State, the Virgin Islands, American Samoa,

Guam, and the Commonwealth of the Northern Mariana Islands for the

same period.

(c) Use of allocated funds for development, etc., of State plans;

limitations; matching requirements

In accordance with regulations promulgated under this part, a

portion of any allocation to any State under this part shall be

available to develop a State plan or for other pre-award activities

associated with such State plan, and to pay that portion of the

expenditures which are necessary for efficient administration,

including monitoring, evaluation, and one full-time staff position.

Not more than 10 percent of the total annual allocation of such

State shall be available for such purposes except that any amount

expended or obligated by such State, or by units of local

government or any combination thereof, from amounts made available

under this subsection shall be matched (in an amount equal to any

such amount so expended or obligated) by such State, or by such

units or combinations, from State or local funds, as the case may

be. The State shall make available needed funds for planning and

administration to units of local government or combinations thereof

within the State on an equitable basis.

(d) Minimum annual allocation for assistance of advisory group

In accordance with regulations promulgated under this part, 5 per

centum of the minimum annual allocation to any State under this

part shall be available to assist the advisory group established

under section 5633(a)(3) of this title.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 222, Sept. 7, 1974, 88 Stat. 1118;

Pub. L. 95-115, Sec. 4(b)(1), (2)(A)-(C), (3), (4), Oct. 3, 1977,

91 Stat. 1051; Pub. L. 96-509, Sec. 10, Dec. 8, 1980, 94 Stat.

2755; Pub. L. 98-473, title II, Sec. 625(b), Oct. 12, 1984, 98

Stat. 2111; Pub. L. 100-690, title VII, Sec. 7257, Nov. 18, 1988,

102 Stat. 4438; Pub. L. 102-586, Sec. 2(f)(2), Nov. 4, 1992, 106

Stat. 4987; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec.

129(a)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-75; Pub. L.

107-273, div. C, title II, Sec. 12208, Nov. 2, 2002, 116 Stat.

1873.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 12208(1)(A)(i),

struck out "(other than parts D and E)" after "carry out this

subchapter", substituted "amount up to $400,000" for "amount, up to

$400,000,", "fiscal year 2000, except" for "fiscal year 1992

except", "amount up to $100,000" for "amount, up to $100,000,", and

"fiscal year 2000, each" for "fiscal year 1992, each", and struck

out "the Trust Territory of the Pacific Islands," after "American

Samoa,".

Subsec. (a)(2)(B). Pub. L. 107-273, Sec. 12208(1)(A)(ii), struck

out "(other than part D)" after "carry out this subchapter",

substituted "less than $600,000" for "less than $400,000", "amount

up to $100,000" for "amount, up to $100,000,", and "fiscal year

2000," for "fiscal year 1992", and struck out "or such greater

amount, up to $600,000, as is available to be allocated if

appropriations have been enacted and made available to carry out

parts D and E of this subchapter in the full amounts authorized by

section 5671(a)(1) and (3) of this title" before "except that" and

"the Trust Territory of the Pacific Islands," after "American

Samoa,".

Subsec. (a)(3). Pub. L. 107-273, Sec. 12208(1)(B), substituted

"fiscal year 2000" for "fiscal year 1992" in two places and

"allocate" for "allot".

Subsec. (b). Pub. L. 107-273, Sec. 12208(2), struck out "the

Trust Territory of the Pacific Islands," after "Guam,".

1998 - Subsec. (c). Pub. L. 105-277 substituted "units of local

government" for "units of general local government" in two places.

1992 - Subsec. (a)(2)(A). Pub. L. 102-586, Sec. 2(f)(2)(A),

(B)(i), substituted "parts D and E" for "part D", substituted

"allocated" for "allotted" in two places, and inserted "or such

greater amount, up to $400,000, as is available to be allocated

without reducing the amount of any State or territory's allocation

below the amount allocated for fiscal year 1992" and ", or such

greater amount, up to $100,000, as is available to be allocated

without reducing the amount of any State or territory's allocation

below the amount allocated for fiscal year 1992,".

Subsec. (a)(2)(B). Pub. L. 102-586, Sec. 2(f)(2)(A), (B)(ii),

substituted "allocated" for "allotted" in two places and inserted

"or such greater amount, up to $600,000, as is available to be

allocated if appropriations have been enacted and made available to

carry out parts D and E of this subchapter in the full amounts

authorized by section 5671(a)(1) and (3) of this title" and ", or

such greater amount, up to $100,000, as is available to be

allocated without reducing the amount of any State or territory's

allocation below the amount allocated for fiscal year 1992".

Subsec. (a)(3). Pub. L. 102-586, Sec. 2(f)(2)(A), (B)(iii),

substituted "allocated" for "allotted" wherever appearing and

"1992" for "1988" in two places.

Subsec. (b). Pub. L. 102-586, Sec. 2(f)(2)(A), substituted

"allocated" for "allotted" in two places.

Subsec. (c). Pub. L. 102-586, Sec. 2(f)(2)(A), (C), substituted

"allocation" for "allotment" in two places, ", evaluation, and one

full-time staff position" for "and evaluation", and "10 percent"

for "7 1/2 per centum".

Subsec. (d). Pub. L. 102-586, Sec. 2(f)(2)(A), substituted

"allocation" for "allotment".

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 7257(a)(1), (2),

designated existing provisions as par. (1), substituted "Subject to

paragraph (2) and in" for "In", and struck out at end "No such

allotment to any State shall be less than $225,000, except that for

the Virgin Islands, Guam, American Samoa, the Trust Territory of

the Pacific Islands, and the Commonwealth of the Northern Mariana

Islands no allotment shall be less than $56,250."

Subsec. (a)(2), (3). Pub. L. 100-690, Sec. 7257(a)(3), added

pars. (2) and (3).

Subsec. (b). Pub. L. 100-690, Sec. 7257(b), substituted "If" for

"Except for funds appropriated for fiscal year 1975, if" and struck

out after first sentence "Funds appropriated for fiscal year 1975

may be obligated in accordance with subsection (a) of this section

until June 30, 1976, after which time they may be reallocated."

1984 - Subsec. (b). Pub. L. 98-473 substituted "the Trust

Territory" for "and the Trust Territory" and inserted ", and the

Commonwealth of the Northern Mariana Islands" after "Pacific

Islands".

1980 - Subsec. (a). Pub. L. 96-509 inserted reference to the

Commonwealth of the Northern Mariana Islands.

1977 - Subsec. (a). Pub. L. 95-115, Sec. 4(b)(1), substituted

"$225,000" for "$200,000" and "$56,250" for "$50,000".

Subsec. (c). Pub. L. 95-115, Sec. 4(b)(2)(A), (B), (3), inserted

provisions relating to pre-award activities, monitoring and

evaluation payments, and matching requirements for expended or

obligated amounts, and substituted "7 1/2 " for "15" and "units of

general local government or combinations thereof" for "local

governments".

Subsec. (d). Pub. L. 95-115, Sec. 4(b)(2)(C), (4)(B),

redesignated subsec. (e) as (d). Former subsec. (d), relating to

limitations on financial assistance under this section, was struck

out.

Subsec. (e). Pub. L. 95-115, Sec. 4(b)(4)(A), (B), added subsec.

(e) and redesignated former subsec. (e) as (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 4(b)(1), (3) of Pub. L. 95-115 effective

Oct. 1, 1977, see section 263(c) of Pub. L. 93-415, as added by

Pub. L. 95-115, set out as a note under section 5601 of this title.

Section 4(b)(2)(D) of Pub. L. 95-115 provided that: "The

amendments made by this paragraph [amending this section] shall

take effect on October 1, 1978."

Section 4(b)(4)(B) of Pub. L. 95-115 provided that the amendment

made by such section 4(b)(4)(B) is effective Oct. 1, 1978.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5633, 5656, 5675 of this

title.

-End-

-CITE-

42 USC Sec. 5633 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part B - Federal Assistance for State and Local Programs

-HEAD-

Sec. 5633. State plans

-STATUTE-

(a) Requirements

In order to receive formula grants under this part, a State shall

submit a plan for carrying out its purposes applicable to a 3-year

period. Such plan shall be amended annually to include new

programs, projects, and activities. The State shall submit annual

performance reports to the Administrator which shall describe

progress in implementing programs contained in the original plan,

and shall describe the status of compliance with State plan

requirements. In accordance with regulations which the

Administrator shall prescribe, such plan shall -

(1) designate the State agency described in section 5671(c)(1)

of this title as the sole agency for supervising the preparation

and administration of the plan;

(2) contain satisfactory evidence that the State agency

designated in accordance with paragraph (1) has or will have

authority, by legislation if necessary, to implement such plan in

conformity with this part;

(3) provide for an advisory group that -

(A) shall consist of not less than 15 and not more than 33

members appointed by the chief executive officer of the State -

(i) which members have training, experience, or special

knowledge concerning the prevention and treatment of juvenile

delinquency, the administration of juvenile justice, or the

reduction of juvenile delinquency;

(ii) which members include -

(I) at least 1 locally elected official representing

general purpose local government;

(II) representatives of law enforcement and juvenile

justice agencies, including juvenile and family court

judges, prosecutors, counsel for children and youth, and

probation workers;

(III) representatives of public agencies concerned with

delinquency prevention or treatment, such as welfare,

social services, mental health, education, special

education, recreation, and youth services;

(IV) representatives of private nonprofit organizations,

including persons with a special focus on preserving and

strengthening families, parent groups and parent self-help

groups, youth development, delinquency prevention and

treatment, neglected or dependent children, the quality of

juvenile justice, education, and social services for

children;

(V) volunteers who work with delinquents or potential

delinquents;

(VI) youth workers involved with programs that are

alternatives to incarceration, including programs providing

organized recreation activities;

(VII) persons with special experience and competence in

addressing problems related to school violence and

vandalism and alternatives to suspension and expulsion; and

(VIII) persons with special experience and competence in

addressing problems related to learning disabilities,

emotional difficulties, child abuse and neglect, and youth

violence;

(iii) a majority of which members (including the

chairperson) shall not be full-time employees of the Federal,

State, or local government;

(iv) at least one-fifth of which members shall be under the

age of 24 at the time of appointment; and

(v) at least 3 members who have been or are currently under

the jurisdiction of the juvenile justice system;

(B) shall participate in the development and review of the

State's juvenile justice plan prior to submission to the

supervisory board for final action;

(C) shall be afforded the opportunity to review and comment,

not later than 30 days after their submission to the advisory

group, on all juvenile justice and delinquency prevention grant

applications submitted to the State agency designated under

paragraph (1);

(D) shall, consistent with this subchapter -

(i) advise the State agency designated under paragraph (1)

and its supervisory board; and

(ii) submit to the chief executive officer and the

legislature of the State at least annually recommendations

regarding State compliance with the requirements of

paragraphs (11), (12), and (13); and

(iii) contact and seek regular input from juveniles

currently under the jurisdiction of the juvenile justice

system; and

(E) may, consistent with this subchapter -

(i) advise on State supervisory board and local criminal

justice advisory board composition; (!1)

(ii) review progress and accomplishments of projects funded

under the State plan.

(4) provide for the active consultation with and participation

of units of local government or combinations thereof in the

development of a State plan which adequately takes into account

the needs and requests of units of local government, except that

nothing in the plan requirements, or any regulations promulgated

to carry out such requirements, shall be construed to prohibit or

impede the State from making grants to, or entering into

contracts with, local private agencies or the advisory group;

(5) unless the provisions of this paragraph are waived at the

discretion of the Administrator for any State in which the

services for delinquent or other youth are organized primarily on

a statewide basis, provide that at least 66 2/3 per centum of

funds received by the State under section 5632 of this title

reduced by the percentage (if any) specified by the State under

the authority of paragraph (25) and excluding funds made

available to the State advisory group under section 5632(d) of

this title, shall be expended -

(A) through programs of units of local government or

combinations thereof, to the extent such programs are

consistent with the State plan;

(B) through programs of local private agencies, to the extent

such programs are consistent with the State plan, except that

direct funding of any local private agency by a State shall be

permitted only if such agency requests such funding after it

has applied for and been denied funding by any unit of local

government or combination thereof; and

(C) to provide funds for programs of Indian tribes that

perform law enforcement functions (as determined by the

Secretary of the Interior) and that agree to attempt to comply

with the requirements specified in paragraphs (11), (12), and

(13), applicable to the detention and confinement of juveniles,

an amount that bears the same ratio to the aggregate amount to

be expended through programs referred to in subparagraphs (A)

and (B) as the population under 18 years of age in the

geographical areas in which such tribes perform such functions

bears to the State population under 18 years of age,(!2)

(6) provide for an equitable distribution of the assistance

received under section 5632 of this title within the State,

including in rural areas;

(7)(A) provide for an analysis of juvenile delinquency problems

in, and the juvenile delinquency control and delinquency

prevention needs (including educational needs) of, the State

(including any geographical area in which an Indian tribe

performs law enforcement functions), a description of the

services to be provided, and a description of performance goals

and priorities, including a specific statement of the manner in

which programs are expected to meet the identified juvenile crime

problems (including the joining of gangs that commit crimes) and

juvenile justice and delinquency prevention needs (including

educational needs) of the State; and

(B) contain -

(i) a plan for providing needed gender-specific services for

the prevention and treatment of juvenile delinquency;

(ii) a plan for providing needed services for the prevention

and treatment of juvenile delinquency in rural areas; and

(iii) a plan for providing needed mental health services to

juveniles in the juvenile justice system, including information

on how such plan is being implemented and how such services

will be targeted to those juveniles in such system who are in

greatest need of such services;

(8) provide for the coordination and maximum utilization of

existing juvenile delinquency programs, programs operated by

public and private agencies and organizations, and other related

programs (such as education, special education, recreation,

health, and welfare programs) in the State;

(9) provide that not less than 75 percent of the funds

available to the State under section 5632 of this title, other

than funds made available to the State advisory group under

section 5632(d) of this title, whether expended directly by the

State, by the unit of local government, or by a combination

thereof, or through grants and contracts with public or private

nonprofit agencies, shall be used for -

(A) community-based alternatives (including home-based

alternatives) to incarceration and institutionalization

including -

(i) for youth who need temporary placement: crisis

intervention, shelter, and after-care; and

(ii) for youth who need residential placement: a continuum

of foster care or group home alternatives that provide access

to a comprehensive array of services;

(B) community-based programs and services to work with -

(i) parents and other family members to strengthen

families, including parent self-help groups, so that

juveniles may be retained in their homes;

(ii) juveniles during their incarceration, and with their

families, to ensure the safe return of such juveniles to

their homes and to strengthen the families; and

(iii) parents with limited English-speaking ability,

particularly in areas where there is a large population of

families with limited-English speaking ability;

(C) comprehensive juvenile justice and delinquency prevention

programs that meet the needs of youth through the collaboration

of the many local systems before which a youth may appear,

including schools, courts, law enforcement agencies, child

protection agencies, mental health agencies, welfare services,

health care agencies, and private nonprofit agencies offering

youth services;

(D) programs that provide treatment to juvenile offenders who

are victims of child abuse or neglect, and to their families,

in order to reduce the likelihood that such juvenile offenders

will commit subsequent violations of law;

(E) educational programs or supportive services for

delinquent or other juveniles -

(i) to encourage juveniles to remain in elementary and

secondary schools or in alternative learning situations;

(ii) to provide services to assist juveniles in making the

transition to the world of work and self-sufficiency; and

(iii) enhance (!3) coordination with the local schools that

such juveniles would otherwise attend, to ensure that -

(I) the instruction that juveniles receive outside school

is closely aligned with the instruction provided in school;

and

(II) information regarding any learning problems

identified in such alternative learning situations are

communicated to the schools;

(F) expanding the use of probation officers -

(i) particularly for the purpose of permitting nonviolent

juvenile offenders (including status offenders) to remain at

home with their families as an alternative to incarceration

or institutionalization; and

(ii) to ensure that juveniles follow the terms of their

probation;

(G) counseling, training, and mentoring programs, which may

be in support of academic tutoring, vocational and technical

training, and drug and violence prevention counseling, that are

designed to link at-risk juveniles, juvenile offenders, or

juveniles who have a parent or legal guardian who is or was

incarcerated in a Federal, State, or local correctional

facility or who is otherwise under the jurisdiction of a

Federal, State, or local criminal justice system, particularly

juveniles residing in low-income and high-crime areas and

juveniles experiencing educational failure, with responsible

individuals (such as law enforcement officials, Department of

Defense personnel, individuals working with local businesses,

and individuals working with community-based and faith-based

organizations and agencies) who are properly screened and

trained;

(H) programs designed to develop and implement projects

relating to juvenile delinquency and learning disabilities,

including on-the-job training programs to assist community

services, law enforcement, and juvenile justice personnel to

more effectively recognize and provide for learning disabled

and other juveniles with disabilities;

(I) projects designed both to deter involvement in illegal

activities and to promote involvement in lawful activities on

the part of gangs whose membership is substantially composed of

youth;

(J) programs and projects designed to provide for the

treatment of youths' dependence on or abuse of alcohol or other

addictive or nonaddictive drugs;

(K) programs for positive youth development that assist

delinquent and other at-risk youth in obtaining -

(i) a sense of safety and structure;

(ii) a sense of belonging and membership;

(iii) a sense of self-worth and social contribution;

(iv) a sense of independence and control over one's life;

and

(v) a sense of closeness in interpersonal relationships;

(L) programs that, in recognition of varying degrees of the

seriousness of delinquent behavior and the corresponding

gradations in the responses of the juvenile justice system in

response to that behavior, are designed to -

(i) encourage courts to develop and implement a continuum

of post-adjudication restraints that bridge the gap between

traditional probation and confinement in a correctional

setting (including expanded use of probation, mediation,

restitution, community service, treatment, home detention,

intensive supervision, electronic monitoring, and similar

programs, and secure community-based treatment facilities

linked to other support services such as health, mental

health, education (remedial and special), job training, and

recreation); and

(ii) assist in the provision by the provision (!4) by the

Administrator of information and technical assistance,

including technology transfer, to States in the design and

utilization of risk assessment mechanisms to aid juvenile

justice personnel in determining appropriate sanctions for

delinquent behavior;

(M) community-based programs and services to work with

juveniles, their parents, and other family members during and

after incarceration in order to strengthen families so that

such juveniles may be retained in their homes;

(N) programs (including referral to literacy programs and

social service programs) to assist families with limited

English-speaking ability that include delinquent juveniles to

overcome language and other barriers that may prevent the

complete treatment of such juveniles and the preservation of

their families;

(O) programs designed to prevent and to reduce hate crimes

committed by juveniles;

(P) after-school programs that provide at-risk juveniles and

juveniles in the juvenile justice system with a range of

age-appropriate activities, including tutoring, mentoring, and

other educational and enrichment activities;

(Q) community-based programs that provide follow-up

post-placement services to adjudicated juveniles, to promote

successful reintegration into the community;

(R) projects designed to develop and implement programs to

protect the rights of juveniles affected by the juvenile

justice system; and

(S) programs designed to provide mental health services for

incarcerated juveniles suspected to be in need of such

services, including assessment, development of individualized

treatment plans, and discharge plans.

(10) provide for the development of an adequate research,

training, and evaluation capacity within the State;

(11) shall, in accordance with rules issued by the

Administrator, provide that -

(A) juveniles who are charged with or who have committed an

offense that would not be criminal if committed by an adult,

excluding -

(i) juveniles who are charged with or who have committed a

violation of section 922(x)(2) of title 18 or of a similar

State law;

(ii) juveniles who are charged with or who have committed a

violation of a valid court order; and

(iii) juveniles who are held in accordance with the

Interstate Compact on Juveniles as enacted by the State;

shall not be placed in secure detention facilities or secure

correctional facilities; and

(B) juveniles -

(i) who are not charged with any offense; and

(ii) who are -

(I) aliens; or

(II) alleged to be dependent, neglected, or abused;

shall not be placed in secure detention facilities or secure

correctional facilities;

(12) provide that -

(A) juveniles alleged to be or found to be delinquent or

juveniles within the purview of paragraph (11) will not be

detained or confined in any institution in which they have

contact with adult inmates; and

(B) there is in effect in the State a policy that requires

individuals who work with both such juveniles and such adult

inmates, including in collocated facilities, have been trained

and certified to work with juveniles;

(13) provide that no juvenile will be detained or confined in

any jail or lockup for adults except -

(A) juveniles who are accused of nonstatus offenses and who

are detained in such jail or lockup for a period not to exceed

6 hours -

(i) for processing or release;

(ii) while awaiting transfer to a juvenile facility; or

(iii) in which period such juveniles make a court

appearance;

and only if such juveniles do not have contact with adult

inmates and only if there is in effect in the State a policy

that requires individuals who work with both such juveniles and

adult inmates in collocated facilities have been trained and

certified to work with juveniles;

(B) juveniles who are accused of nonstatus offenses, who are

awaiting an initial court appearance that will occur within 48

hours after being taken into custody (excluding Saturdays,

Sundays, and legal holidays), and who are detained in a jail or

lockup -

(i) in which -

(I) such juveniles do not have contact with adult

inmates; and

(II) there is in effect in the State a policy that

requires individuals who work with both such juveniles and

adults inmates in collocated facilities have been trained

and certified to work with juveniles; and

(ii) that -

(I) is located outside a metropolitan statistical area

(as defined by the Office of Management and Budget) and has

no existing acceptable alternative placement available;

(II) is located where conditions of distance to be

traveled or the lack of highway, road, or transportation do

not allow for court appearances within 48 hours (excluding

Saturdays, Sundays, and legal holidays) so that a brief

(not to exceed an additional 48 hours) delay is excusable;

or

(III) is located where conditions of safety exist (such

as severe adverse, life-threatening weather conditions that

do not allow for reasonably safe travel), in which case the

time for an appearance may be delayed until 24 hours after

the time that such conditions allow for reasonable safe

travel;

(14) provide for an adequate system of monitoring jails,

detention facilities, correctional facilities, and non-secure

facilities to insure that the requirements of paragraphs (11),

(12), and (13) are met, and for annual reporting of the results

of such monitoring to the Administrator, except that such

reporting requirements shall not apply in the case of a State

which is in compliance with the other requirements of this

paragraph, which is in compliance with the requirements in

paragraphs (11) and (12), and which has enacted legislation which

conforms to such requirements and which contains, in the opinion

of the Administrator, sufficient enforcement mechanisms to ensure

that such legislation will be administered effectively;

(15) provide assurance that youth in the juvenile justice

system are treated equitably on the basis of gender, race, family

income, and disability;

(16) provide assurance that consideration will be given to and

that assistance will be available for approaches designed to

strengthen the families of delinquent and other youth to prevent

juvenile delinquency (which approaches should include the

involvement of grandparents or other extended family members when

possible and appropriate and the provision of family counseling

during the incarceration of juvenile family members and

coordination of family services when appropriate and feasible);

(17) provide for procedures to be established for protecting

the rights of recipients of services and for assuring appropriate

privacy with regard to records relating to such services provided

to any individual under the State plan;

(18) provide assurances that -

(A) any assistance provided under this chapter will not cause

the displacement (including a partial displacement, such as a

reduction in the hours of nonovertime work, wages, or

employment benefits) of any currently employed employee;

(B) activities assisted under this chapter will not impair an

existing collective bargaining relationship, contract for

services, or collective bargaining agreement; and

(C) no such activity that would be inconsistent with the

terms of a collective bargaining agreement shall be undertaken

without the written concurrence of the labor organization

involved;

(19) provide for such fiscal control and fund accounting

procedures necessary to assure prudent use, proper disbursement,

and accurate accounting of funds received under this subchapter;

(20) provide reasonable assurance that Federal funds made

available under this part for any period will be so used as to

supplement and increase (but not supplant) the level of the

State, local, and other non-Federal funds that would in the

absence of such Federal funds be made available for the programs

described in this part, and will in no event replace such State,

local, and other non-Federal funds;

(21) provide that the State agency designated under paragraph

(1) will -

(A) to the extent practicable give priority in funding to

programs and activities that are based on rigorous, systematic,

and objective research that is scientifically based;

(B) from time to time, but not less than annually, review its

plan and submit to the Administrator an analysis and evaluation

of the effectiveness of the programs and activities carried out

under the plan, and any modifications in the plan, including

the survey of State and local needs, that it considers

necessary; and

(C) not expend funds to carry out a program if the recipient

of funds who carried out such program during the preceding

2-year period fails to demonstrate, before the expiration of

such 2-year period, that such program achieved substantial

success in achieving the goals specified in the application

submitted by such recipient to the State agency;

(22) address juvenile delinquency prevention efforts and system

improvement efforts designed to reduce, without establishing or

requiring numerical standards or quotas, the disproportionate

number of juvenile members of minority groups, who come into

contact with the juvenile justice system;

(23) provide that if a juvenile is taken into custody for

violating a valid court order issued for committing a status

offense -

(A) an appropriate public agency shall be promptly notified

that such juvenile is held in custody for violating such order;

(B) not later than 24 hours during which such juvenile is so

held, an authorized representative of such agency shall

interview, in person, such juvenile; and

(C) not later than 48 hours during which such juvenile is so

held -

(i) such representative shall submit an assessment to the

court that issued such order, regarding the immediate needs

of such juvenile; and

(ii) such court shall conduct a hearing to determine -

(I) whether there is reasonable cause to believe that

such juvenile violated such order; and

(II) the appropriate placement of such juvenile pending

disposition of the violation alleged;

(24) provide an assurance that if the State receives under

section 5632 of this title for any fiscal year an amount that

exceeds 105 percent of the amount the State received under such

section for fiscal year 2000, all of such excess shall be

expended through or for programs that are part of a comprehensive

and coordinated community system of services;

(25) specify a percentage (if any), not to exceed 5 percent, of

funds received by the State under section 5632 of this title

(other than funds made available to the State advisory group

under section 5632(d) of this title) that the State will reserve

for expenditure by the State to provide incentive grants to units

of general local government that reduce the caseload of probation

officers within such units;

(26) provide that the State, to the maximum extent practicable,

will implement a system to ensure that if a juvenile is before a

court in the juvenile justice system, public child welfare

records (including child protective services records) relating to

such juvenile that are on file in the geographical area under the

jurisdiction of such court will be made known to such court;

(27) establish policies and systems to incorporate relevant

child protective services records into juvenile justice records

for purposes of establishing and implementing treatment plans for

juvenile offenders; and

(28) provide assurances that juvenile offenders whose placement

is funded through section 672 of this title receive the

protections specified in section 671 of this title, including a

case plan and case plan review as defined in section 675 of this

title.

(b) Approval by State agency

The State agency designated under subsection (a)(1) of this

section, after receiving and considering the advice and

recommendations of the advisory group referred to in subsection (a)

of this section, shall approve the State plan and any modification

thereof prior to submission to the Administrator.

(c) Compliance with statutory requirements

If a State fails to comply with any of the applicable

requirements of paragraphs (11), (12), (13), and (22) of subsection

(a) of this section in any fiscal year beginning after September

30, 2001, then -

(1) subject to paragraph (2), the amount allocated to such

State under section 5632 of this title for the subsequent fiscal

year shall be reduced by not less than 20 percent for each such

paragraph with respect to which the failure occurs, and

(2) the State shall be ineligible to receive any allocation

under such section for such fiscal year unless -

(A) the State agrees to expend 50 percent of the amount

allocated to the State for such fiscal year to achieve

compliance with any such paragraph with respect to which the

State is in noncompliance; or

(B) the Administrator determines that the State -

(i) has achieved substantial compliance with such

applicable requirements with respect to which the State was

not in compliance; and

(ii) has made, through appropriate executive or legislative

action, an unequivocal commitment to achieving full

compliance with such applicable requirements within a

reasonable time.

(d) Nonsubmission or nonqualification of plan; expenditure of

allotted funds; availability of reallocated funds

In the event that any State chooses not to submit a plan, fails

to submit a plan, or submits a plan or any modification thereof,

which the Administrator, after reasonable notice and opportunity

for hearing, in accordance with sections 3783, 3784, and 3785 of

this title, determines does not meet the requirements of this

section, the Administrator shall endeavor to make that State's

allocation under the provisions of section 5632(a) of this title,

excluding funds the Administrator shall make available to satisfy

the requirement specified in section 5632(d) of this title,

available to local public and private nonprofit agencies within

such State for use in carrying out activities of the kinds

described in paragraphs (11), (12), (13), and (22) of subsection

(a) of this section. The Administrator shall make funds which

remain available after disbursements are made by the Administrator

under the preceding sentence, and any other unobligated funds,

available on an equitable basis and to those States that have

achieved full compliance with the requirements under paragraphs

(11), (12), (13), and (22) of subsection (a) of this section.

(e) Administrative and supervisory board membership requirements

Notwithstanding any other provision of law, the Administrator

shall establish appropriate administrative and supervisory board

membership requirements for a State agency designated under

subsection (a)(1) of this section and permit the State advisory

group appointed under subsection (a)(3) of this section to operate

as the supervisory board for such agency, at the discretion of the

chief executive officer of the State.

(f) Technical assistance

(1) In general

The Administrator shall provide technical and financial

assistance to an eligible organization composed of member

representatives of the State advisory groups appointed under

subsection (a)(3) of this section to assist such organization to

carry out the functions specified in paragraph (2).

(2) Assistance

To be eligible to receive such assistance, such organization

shall agree to carry out activities that include -

(A) conducting an annual conference of such member

representatives for purposes relating to the activities of such

State advisory groups;

(B) disseminating information, data, standards, advanced

techniques, and program models;

(C) reviewing Federal policies regarding juvenile justice and

delinquency prevention;

(D) advising the Administrator with respect to particular

functions or aspects of the work of the Office; and

(E) advising the President and Congress with regard to State

perspectives on the operation of the Office and Federal

legislation pertaining to juvenile justice and delinquency

prevention.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 223, Sept. 7, 1974, 88 Stat. 1119;

Pub. L. 94-503, title I, Sec. 130(b), Oct. 15, 1976, 90 Stat. 2425;

Pub. L. 95-115, Secs. 3(a)(3)(B), 4(c)(1)-(15), Oct. 3, 1977, 91

Stat. 1048, 1051-1054; Pub. L. 96-509, Secs. 11, 19(g), Dec. 8,

1980, 94 Stat. 2755, 2764; Pub. L. 98-473, title II, Sec. 626, Oct.

12, 1984, 98 Stat. 2111; Pub. L. 100-690, title VII, Secs. 7258,

7263(b)(1), Nov. 18, 1988, 102 Stat. 4439, 4447; Pub. L. 102-586,

Sec. 2(f)(3)(A), Nov. 4, 1992, 106 Stat. 4987; Pub. L. 103-322,

title XI, Sec. 110201(d), Sept. 13, 1994, 108 Stat. 2012; Pub. L.

104-294, title VI, Sec. 604(b)(28), Oct. 11, 1996, 110 Stat. 3508;

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 129(a)(2)(C)],

Oct. 21, 1998, 112 Stat. 2681-50, 2681-76; Pub. L. 106-554, Sec.

1(a)(4) [div. B, title I, Sec. 142], Dec. 21, 2000, 114 Stat. 2763,

2763A-235; Pub. L. 107-273, div. C, title II, Sec. 12209, Nov. 2,

2002, 116 Stat. 1873.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(18), was in the original

"this Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109,

as amended, which enacted this chapter, sections 3772 to 3774 and

3821 of this title, and sections 4351 to 4353 and 5038 to 5042 of

Title 18, Crimes and Criminal Procedure, amended sections 3701,

3723, 3733, 3768, 3811 to 3814, 3882, and 3883 to 3888 of this

title, section 5108 of Title 5, Government Organization and

Employees, and sections 5031 to 5037 of Title 18, and repealed

section 3889 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 5601 of

this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 12209(1)(A),

substituted ", projects, and activities" for "and challenge

activities subsequent to State participation in part E of this

subchapter" in second sentence of introductory provisions.

Subsec. (a)(3). Pub. L. 107-273, Sec. 12209(1)(B)(i), substituted

"that - " for ", which - " in introductory provisions.

Subsec. (a)(3)(A)(i). Pub. L. 107-273, Sec. 12209(1)(B)(ii),

substituted ", the administration of juvenile justice, or the

reduction of juvenile delinquency" for "or the administration of

juvenile justice".

Subsec. (a)(3)(D)(i). Pub. L. 107-273, Sec. 12209(1)(B)(iii)(I),

inserted "and" at end.

Subsec. (a)(3)(D)(ii). Pub. L. 107-273, Sec.

12209(1)(B)(iii)(II), substituted "paragraphs (11), (12), and (13)"

for "paragraphs (12), (13), and (14) and with progress relating to

challenge activities carried out pursuant to part E of this

subchapter".

Subsec. (a)(5). Pub. L. 107-273, Sec. 12209(1)(C)(i), substituted

"reduced by the percentage (if any) specified by the State under

the authority of paragraph (25) and excluding" for ", other than"

in introductory provisions.

Subsec. (a)(5)(C). Pub. L. 107-273, Sec. 12209(1)(C)(ii),

substituted "paragraphs (11), (12), and (13)" for "paragraphs

(12)(A), (13), and (14)".

Subsec. (a)(6). Pub. L. 107-273, Sec. 12209(1)(D), (S),

redesignated par. (7) as (6) and struck out former par. (6) which

read as follows: "provide that the chief executive officer of the

unit of local government shall assign responsibility for the

preparation and administration of the local government's part of a

State plan, or for the supervision of the preparation and

administration of the local government's part of the State plan, to

that agency within the local government's structure or to a

regional planning agency (hereinafter in this part referred to as

the 'local agency') which can most effectively carry out the

purposes of this part and shall provide for supervision of the

programs funded under this part by that local agency;".

Subsec. (a)(7). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (8) as (7). Former par. (7) redesignated (6).

Pub. L. 107-273, Sec. 12209(1)(E), inserted ", including in rural

areas" before semicolon at end.

Subsec. (a)(8). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (9) as (8). Former par. (8) redesignated (7).

Subsec. (a)(8)(A). Pub. L. 107-273, Sec. 12209(1)(F)(i),

substituted "for an analysis of juvenile delinquency problems in,

and the juvenile delinquency control and delinquency prevention

needs (including educational needs) of, the State" for "for (i) an

analysis of juvenile crime problems (including the joining of gangs

that commit crimes) and juvenile justice and delinquency prevention

needs (including educational needs) within the relevant

jurisdiction" and "of the State; and" for "of the jurisdiction;

(ii) an indication of the manner in which the programs relate to

other similar State or local programs which are intended to address

the same or similar problems; and (iii) a plan for the

concentration of State efforts which shall coordinate all State

juvenile delinquency programs with respect to overall policy and

development of objectives and priorities for all State juvenile

delinquency programs and activities, including provision for

regular meetings of State officials with responsibility in the area

of juvenile justice and delinquency prevention;".

Subsec. (a)(8)(B). Pub. L. 107-273, Sec. 12209(1)(F)(ii), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "contain -

"(i) an analysis of gender-specific services for the prevention

and treatment of juvenile delinquency, including the types of

such services available and the need for such services for

females; and

"(ii) a plan for providing needed gender-specific services for

the prevention and treatment of juvenile delinquency;".

Subsec. (a)(8)(C), (D). Pub. L. 107-273, Sec. 12209(1)(F)(iii),

struck out subpars. (C) and (D) which read as follows:

"(C) contain -

"(i) an analysis of services for the prevention and treatment

of juvenile delinquency in rural areas, including the need for

such services, the types of such services available in rural

areas, and geographically unique barriers to providing such

services; and

"(ii) a plan for providing needed services for the prevention

and treatment of juvenile delinquency in rural areas; and

"(D) contain -

"(i) an analysis of mental health services available to

juveniles in the juvenile justice system (including an assessment

of the appropriateness of the particular placements of juveniles

in order to receive such services) and of barriers to access to

such services; and

"(ii) a plan for providing needed mental health services to

juveniles in the juvenile justice system;".

Subsec. (a)(9). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (10) as (9). Former par. (9) redesignated (8).

Pub. L. 107-273, Sec. 12209(1)(G), amended par. (9) generally.

Prior to amendment, par. (9) read as follows: "provide for the

active consultation with and participation of private agencies in

the development and execution of the State plan; and provide for

coordination and maximum utilization of existing juvenile

delinquency programs and other related programs, such as education,

special education, recreation, health, and welfare within the

State;".

Subsec. (a)(10). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (11) as (10). Former par. (10) redesignated (9).

Subsec. (a)(10)(A). Pub. L. 107-273, Sec. 12209(1)(H)(i),

substituted "including" for ", specifically" in introductory

provisons, redesignated cls. (ii) and (iii) as (i) and (ii),

respectively, and struck out former cl. (i) which read as follows:

"for youth who can remain at home with assistance: home probation

and programs providing professional supervised group activities or

individualized mentoring relationships with adults that involve the

family and provide counseling and other supportive services;".

Subsec. (a)(10)(D). Pub. L. 107-273, Sec. 12209(1)(H)(ii),

amended subpar. (D) generally. Prior to amendment, subpar. (D) read

as follows: "projects designed to develop and implement programs

stressing advocacy activities aimed at improving services for and

protecting the rights of youth affected by the juvenile justice

system;".

Subsec. (a)(10)(E). Pub. L. 107-273, Sec. 12209(1)(H)(iii),

substituted "juveniles - " for "juveniles, provided equitably

regardless of sex, race, or family income, designed to - " in

introductory provisions, added cls. (i) and (ii), redesignated

former cl. (ii) as (iii), and struck out former cl. (i) which read

as follows: "encourage juveniles to remain in elementary and

secondary schools or in alternative learning situations, including

-

"(I) education in settings that promote experiential,

individualized learning and exploration of academic and career

options;

"(II) assistance in making the transition to the world of work

and self-sufficiency;

"(III) alternatives to suspension and expulsion; and

"(IV) programs to counsel delinquent juveniles and other

juveniles regarding the opportunities that education provides;

and".

Subsec. (a)(10)(F). Pub. L. 107-273, Sec. 12209(1)(H)(iv),

amended subpar. (F) generally. Prior to amendment, subpar. (F) read

as follows: "expanded use of home probation and recruitment and

training of home probation officers, other professional and

paraprofessional personnel, and volunteers to work effectively to

allow youth to remain at home with their families as an alternative

to incarceration or institutionalization;".

Subsec. (a)(10)(G). Pub. L. 107-273, Sec. 12209(1)(H)(v), amended

subpar. (G) generally. Prior to amendment, subpar. (G) read as

follows: "youth-initiated outreach programs designed to assist

youth (including youth with limited proficiency in English) who

otherwise would not be reached by traditional youth assistance

programs;".

Subsec. (a)(10)(H). Pub. L. 107-273, Sec. 12209(1)(H)(vii),

substituted "juveniles with disabilities" for "handicapped youth".

Subsec. (a)(10)(K). Pub. L. 107-273, Sec. 12209(1)(H)(viii),

(xiii), redesignated subpar. (L) as (K) and struck out former

subpar. (K) which read as follows: "law-related education programs

(and projects) for delinquent and at-risk youth designed to prevent

juvenile delinquency;".

Subsec. (a)(10)(L). Pub. L. 107-273, Sec. 12209(1)(H)(xiii),

redesignated subpar. (M) as (L). Former subpar. (L) redesignated

(K).

Subsec. (a)(10)(L)(vi). Pub. L. 107-273, Sec. 12209(1)(H)(ix),

struck out cl. (vi) which read as follows: "a sense of competence

and mastery including health and physical competence, personal and

social competence, cognitive and creative competence, vocational

competence, and citizenship competence, including ethics and

participation;".

Subsec. (a)(10)(M). Pub. L. 107-273, Sec. 12209(1)(H)(xiii),

redesignated subpar. (N) as (M). Former subpar. (M) redesignated

(L).

Subsec. (a)(10)(M)(i). Pub. L. 107-273, Sec. 12209(1)(H)(x),

struck out "boot camps" after "electronic monitoring,".

Subsec. (a)(10)(N). Pub. L. 107-273, Sec. 12209(1)(H)(xiii),

redesignated subpar. (O) as (N). Former subpar. (N) redesignated

(M).

Pub. L. 107-273, Sec. 12209(1)(H)(xi), amended subpar. (N)

generally. Prior to amendment, subpar. (N) read as follows:

"programs designed to prevent and reduce hate crimes committed by

juveniles, including educational programs and sentencing programs

designed specifically for juveniles who commit hate crimes and that

provide alternatives to incarceration; and".

Subsec. (a)(10)(O). Pub. L. 107-273, Sec. 12209(1)(H)(xiv), added

subpar. (O). Former subpar. (O) redesignated (N).

Pub. L. 107-273, Sec. 12209(1)(H)(xii), substituted "other

barriers" for "cultural barriers" and semicolon for period at end.

Subsec. (a)(10)(P) to (S). Pub. L. 107-273, Sec.

12209(1)(H)(xiv), added subpars. (P) to (S).

Subsec. (a)(11). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (12) as (11). Former par. (11) redesignated (10).

Subsec. (a)(12). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (13) as (12). Former par. (12) redesignated (11).

Pub. L. 107-273, Sec. 12209(1)(I), amended par. (12) generally.

Prior to amendment, par. (12) read as follows:

"(A) provide within three years after submission of the initial

plan that juveniles who are charged with or who have committed

offenses that would not be criminal if committed by an adult or

offenses (other than an offense that constitutes a violation of a

valid court order or a violation of section 922(x) of title 18 or a

similar State law), or alien juveniles in custody, or such

nonoffenders as dependent or neglected children, shall not be

placed in secure detention facilities or secure correctional

facilities; and

"(B) provide that the State shall submit annual reports to the

Administrator containing a review of the progress made by the State

to achieve the deinstitutionalization of juveniles described in

subparagraph (A) and a review of the progress made by the State to

provide that such juveniles, if placed in facilities, are placed in

facilities which (i) are the least restrictive alternatives

appropriate to the needs of the child and the community; (ii) are

in reasonable proximity to the family and the home communities of

such juveniles; and (iii) provide the services described in section

5603(1) of this title;".

Subsec. (a)(13). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (14) as (13). Former par. (13) redesignated (12).

Pub. L. 107-273, Sec. 12209(1)(J), amended par. (13) generally.

Prior to amendment, par. (13) read as follows: "provide that

juveniles alleged to be or found to be delinquent and youths within

the purview of paragraph (12) shall not be detained or confined in

any institution in which they have contact with adult persons

incarcerated because they have been convicted of a crime or are

awaiting trial on criminal charges or with the part-time or

full-time security staff (including management) or direct-care

staff of a jail or lockup for adults;".

Subsec. (a)(14). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (15) as (14). Former par. (14) redesignated (13).

Pub. L. 107-273, Sec. 12209(1)(K), amended par. (14) generally.

Prior to amendment, par. (14) read as follows: "provide that no

juvenile shall be detained or confined in any jail or lockup for

adults, except that the Administrator shall, through 1997,

promulgate regulations which make exceptions with regard to the

detention of juveniles accused of nonstatus offenses who are

awaiting an initial court appearance pursuant to an enforceable

State law requiring such appearances within twenty-four hours

(except in the case of Alaska where such time limit may be

forty-eight hours in fiscal years 2000 through 2002) after being

taken into custody (excluding weekends and holidays) provided that

such exceptions are limited to areas that are in compliance with

paragraph (13) and -

"(A)(i) are outside a Standard Metropolitan Statistical Area;

and

"(ii) have no existing acceptable alternative placement

available;

"(B) are located where conditions of distance to be traveled or

the lack of highway, road, or other ground transportation do not

allow for court appearances within 24 hours, so that a brief (not

to exceed 48 hours) delay is excusable; or

"(C) are located where conditions of safety exist (such as

severely adverse, life-threatening weather conditions that do not

allow for reasonably safe travel), in which case the time for an

appearance may be delayed until 24 hours after the time that such

conditions allow for reasonably safe travel;".

Subsec. (a)(15). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (16) as (15). Former par. (15) redesignated (14).

Pub. L. 107-273, Sec. 12209(1)(L), substituted "paragraphs (11),

(12), and (13)" for "paragraph (12)(A), paragraph (13), and

paragraph (14)" and "paragraphs (11) and (12)" for "paragraph

(12)(A) and paragraph (13)".

Subsec. (a)(16). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (17) as (16). Former par. (16) redesignated (15).

Pub. L. 107-273, Sec. 12209(1)(M), substituted "disability" for

"mentally, emotionally, or physically handicapping conditions".

Subsec. (a)(17), (18). Pub. L. 107-273, Sec. 12209(1)(S),

redesignated pars. (18) and (19) as (17) and (18), respectively.

Former par. (17) redesignated (16).

Subsec. (a)(19). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (20) as (19). Former par. (19) redesignated (18).

Pub. L. 107-273, Sec. 12209(1)(N), amended par. (19) generally.

Prior to amendment, par. (19) read as follows: "provide that fair

and equitable arrangements shall be made to protect the interests

of employees affected by assistance under this chapter and shall

provide for the terms and conditions of such protective

arrangements established pursuant to this section, and such

protective arrangements shall, to the maximum extent feasible,

include, without being limited to, such provisions as may be

necessary for -

"(A) the preservation of rights, privileges, and benefits

(including continuation of pension rights and benefits) under

existing collective-bargaining agreements or otherwise;

"(B) the continuation of collective-bargaining rights;

"(C) the protection of individual employees against a worsening

of their positions with respect to their employment;

"(D) assurances of employment to employees of any State or

political subdivision thereof who will be affected by any program

funded in whole or in part under provisions of this chapter; and

"(E) training or retraining programs;".

Subsec. (a)(20), (21). Pub. L. 107-273, Sec. 12209(1)(S),

redesignated pars. (21) and (22) as (20) and (21), respectively.

Former par. (20) redesignated (19).

Subsec. (a)(22). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (23) as (22). Former par. (22) redesignated (21).

Pub. L. 107-273, Sec. 12209(1)(O), amended par. (22) generally.

Prior to amendment, par. (22) read as follows: "provide that the

State agency designated under paragraph (1) will from time to time,

but not less often than annually, review its plan and submit to the

Administrator an analysis and evaluation of the effectiveness of

the programs and activities carried out under the plan, and any

modifications in the plan, including the survey of State and local

needs, which it considers necessary;".

Subsec. (a)(23). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (24) as (23). Former par. (23) redesignated (22).

Pub. L. 107-273, Sec. 12209(1)(P), amended par. (23) generally.

Prior to amendment, par. (23) read as follows: "address efforts to

reduce the proportion of juveniles detained or confined in secure

detention facilities, secure correctional facilities, jails, and

lockups who are members of minority groups if such proportion

exceeds the proportion such groups represent in the general

population;".

Subsec. (a)(24). Pub. L. 107-273, Sec. 12209(1)(S), redesignated

par. (25) as (24). Former par. (24) redesignated (23).

Pub. L. 107-273, Sec. 12209(1)(Q), amended par. (24) generally.

Prior to amendment, par. (24) read as follows: "contain such other

terms and conditions as the Administrator may reasonably prescribe

to assure the effectiveness of the programs assisted under this

subchapter; and".

Subsec. (a)(25). Pub. L. 107-273, Sec. 12209(1)(T), added par.

(25).

Pub. L. 107-273, Sec. 12209(1)(S), redesignated par. (25) as

(24).

Pub. L. 107-273, Sec. 12209(1)(R), substituted "fiscal year 2000"

for "fiscal year 1992" and a semicolon for period at end.

Subsec. (a)(26) to (28). Pub. L. 107-273, Sec. 12209(1)(T), added

pars. (26) to (28).

Subsec. (c). Pub. L. 107-273, Sec. 12209(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"(1) Subject to paragraph (2), the Administrator shall approve

any State plan and any modification thereof that meets the

requirements of this section.

"(2) Failure to achieve compliance with the subsection (a)(12)(A)

requirement within the 3-year time limitation shall terminate any

State's eligibility for funding under this part for a fiscal year

beginning before January 1, 1993, unless the Administrator

determines that the State is in substantial compliance with the

requirement, through achievement of deinstitutionalization of not

less than 75 percent of such juveniles or through removal of 100

percent of such juveniles from secure correctional facilities, and

has made, through appropriate executive or legislative action, an

unequivocal commitment to achieving full compliance within a

reasonable time not exceeding 2 additional years.

"(3) If a State fails to comply with the requirements of

subsection (a), (12)(A), (13), (14), or (23) of this section in any

fiscal year beginning after January 1, 1993 -

"(A) subject to subparagraph (B), the amount allotted under

section 5632 of this title to the State for that fiscal year

shall be reduced by 25 percent for each such paragraph with

respect to which noncompliance occurs; and

"(B) the State shall be ineligible to receive any allotment

under that section for such fiscal year unless -

"(i) the State agrees to expend all the remaining funds the

State receives under this part (excluding funds required to be

expended to comply with section 5632(c) and (d) of this title

and with subsection (a)(5)(C) of this section) for that fiscal

year only to achieve compliance with any such paragraph with

respect to which the State is in noncompliance; or

"(ii) the Administrator determines, in the discretion of the

Administrator, that the State -

"(I) has achieved substantial compliance with each such

paragraph with respect to which the State was not in

compliance; and

"(II) has made, through appropriate executive or

legislative action, an unequivocal commitment to achieving

full compliance within a reasonable time."

Subsec. (d). Pub. L. 107-273, Sec. 12209(3), substituted

"allocation" for "allotment" and substituted "paragraphs (11),

(12), (13), and (22) of subsection (a)" for "subsection (a)(12)(A),

(13), (14) and (23)" in two places.

Subsecs. (e), (f). Pub. L. 107-273, Sec. 12209(4), added subsecs.

(e) and (f).

2000 - Subsec. (a)(14). Pub. L. 106-554 inserted "(except in the

case of Alaska where such time limit may be forty-eight hours in

fiscal years 2000 through 2002)" after "twenty-four hours" in

introductory provisions.

1998 - Subsec. (a)(4). Pub. L. 105-277, Sec. 101(b) [title I,

Sec. 129(a)(2)(C)(i)], substituted "units of local government" for

"units of general local government" after "participation of" and

"units of local government" for "local governments" after "requests

of".

Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

129(a)(2)(C)(ii)], substituted "units of local government" for

"units of general local government" in subpar. (A) and "unit of

local government" for "unit of general local government" in subpar.

(B).

Subsec. (a)(6). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

129(a)(2)(C)(iii)], substituted "unit of local government" for

"unit of general local government".

Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

129(a)(2)(C)(iv)], substituted "unit of local government" for "unit

of general local government" in introductory provisions.

1996 - Subsec. (a)(12)(A). Pub. L. 104-294 substituted "similar

State law)" for "similar State law)."

1994 - Subsec. (a)(12)(A). Pub. L. 103-322 substituted "(other

than an offense that constitutes a violation of a valid court order

or a violation of section 922(x) of title 18 or a similar State

law)." for "which do not constitute violations of valid court

orders".

1992 - Subsec. (a). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(I),

substituted "programs and challenge activities subsequent to State

participation in part E of this subchapter. The State" for

"programs, and the State" in introductory provisions.

Subsec. (a)(1). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(II), made

technical amendment to reference to section 5671 of this title to

reflect renumbering of corresponding section of original act.

Subsec. (a)(3). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(III), amended

par. (3) generally, revising and restating as subpars. (A) to (E)

provisions formerly appearing in text containing unindented

subpars. (A) to (F).

Subsec. (a)(8). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IV),

designated existing provisions as subpar. (A), redesignated former

cls. (A) to (C) as (i) to (iii), respectively, inserted "(including

educational needs)" after "delinquency prevention needs" in two

places in cl. (i), and added subpars. (B) to (D).

Subsec. (a)(9). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(V), inserted

"recreation," after "special education,".

Subsec. (a)(10). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VI), amended

par. (10) generally, revising and restating as introductory

provisions and subpars. (A) to (O) provisions of former

introductory provisions and subpars. (A) to (L).

Subsec. (a)(12)(A). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VII),

inserted "or alien juveniles in custody," after "court orders,".

Subsec. (a)(13). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VIII),

struck out "regular" before "contact with" and inserted "or with

the part-time or full-time security staff (including management) or

direct-care staff of a jail or lockup for adults".

Subsec. (a)(14). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IX)(bb),

(cc), in introductory provisions substituted "1997" for "1993" and

"areas that are in compliance with paragraph (13) and" for "areas

which", added subpars. (A) to (C), and struck out former subpars.

(A) to (C) which read as follows:

"(A) are outside a Standard Metropolitan Statistical Area,

"(B) have no existing acceptable alternative placement available,

and

"(C) are in compliance with the provisions of paragraph (13);".

Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IX)(aa), which directed the

amendment of par. (14) by striking out "; beginning after the

five-year period following December 8, 1980," was executed by

striking out ", beginning after the five-year period following

December 8, 1980," after "provide that" to reflect the probable

intent of Congress.

Subsec. (a)(16). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(X), amended

par. (16) generally. Prior to amendment, par. (16) read as follows:

"provide assurance that assistance will be available on an

equitable basis to deal with disadvantaged youth including, but not

limited to, females, minority youth, and mentally retarded and

emotionally or physically handicapped youth;".

Subsec. (a)(17). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(XI),

substituted "the families" for "and maintain the family units" and

"delinquency (which" for "delinquency. Such" and inserted before

semicolon "and the provision of family counseling during the

incarceration of juvenile family members and coordination of family

services when appropriate and feasible)".

Subsec. (a)(25). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(XII)-(XIV),

added par. (25).

Subsec. (c). Pub. L. 102-586, Sec. 2(f)(3)(A)(ii), amended

subsec. (c) generally, revising and restating as pars. (1) to (3)

provisions of former pars. (1) to (4).

Subsec. (d). Pub. L. 102-586, Sec. 2(f)(3)(A)(iii), inserted ",

excluding funds the Administrator shall make available to satisfy

the requirement specified in section 5632(d) of this title," and

substituted "activities of the kinds described in subsection

(a)(12)(A), (13), (14) and (23) of this section" for "the purposes

of subsection (a)(12)(A) of this section, subsection (a)(13) of

this section, or subsection (a)(14) of this section" and

"subsection (a)(12)(A), (13), (14) and (23) of this section" for

"subsection (a)(12)(A) of this section and subsection (a)(13) of

this section".

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 6263(b)(1), made

technical amendment to reference to section 5671 of this title to

reflect renumbering of corresponding section of original act.

Subsec. (a)(5). Pub. L. 100-690, Sec. 7258(a)(1), substituted in

introductory provisions "shall be expended" for "shall be expended

through", in subpar. (A) substituted "through programs" for

"programs" and struck out "and" at end, in subpar. (B) substituted

"through programs" for "programs" and inserted "and" after

semicolon, and added subpar. (C).

Subsec. (a)(8)(A). Pub. L. 100-690, Sec. 7258(a)(2), substituted

"relevant jurisdiction (including any geographical area in which an

Indian tribe performs law enforcement functions)" for "relevant

jurisdiction" and "juvenile crime problems (including the joining

of gangs that commit crimes)" for "juvenile crime problems" in two

places.

Subsec. (a)(14). Pub. L. 100-690, Sec. 7258(b), substituted

"1993" for "1989", substituted a semicolon for the period at end of

subpar. (iii), and redesignated subpars. (i) to (iii) as subpars.

(A) to (C), respectively.

Subsec. (a)(23), (24). Pub. L. 100-690, Sec. 7258(c), added par.

(23) and redesignated former par. (23) as (24).

Subsec. (c)(1). Pub. L. 100-690, Sec. 7258(d)(1)-(3), designated

existing provisions as par. (1), substituted "part" for "subpart",

and struck out last sentence which read as follows: "Failure to

achieve compliance with the requirements of subsection (a)(14) of

this section, within the 5-year time limitation shall terminate any

State's eligibility for funding under this subpart, unless the

Administrator determines that (1) the State is in substantial

compliance with such requirements through the achievement of not

less than 75 percent removal of juveniles from jails and lockups

for adults; and (2) the State has made, through appropriate

executive or legislative action, an unequivocal commitment to

achieving full compliance within a reasonable time, not to exceed 3

additional years."

Subsec. (c)(2) to (4). Pub. L. 100-690, Sec. 7258(d)(4), added

pars. (2) to (4).

1984 - Subsec. (a). Pub. L. 98-473, Sec. 626(a)(9), (10), struck

out provision after numbered paragraphs which read as follows:

"such plan may at the discretion of the Associate Administrator be

incorporated into the plan specified in section 3743 of this title.

Such plan shall be modified by the State, as soon as practicable

after December 8, 1980, in order to comply with the requirements of

paragraph (14)."

Subsec. (a)(1). Pub. L. 98-473, Sec. 626(a)(1), substituted

"agency described in section 5671(c)(1) of this title" for

"criminal justice council established by the State under section

3742(b)(1) of this title".

Subsec. (a)(2). Pub. L. 98-473, Sec. 626(a)(2), struck out

"(hereafter referred to in this part as the 'State criminal justice

council')" before "has or will have authority".

Subsec. (a)(3)(C). Pub. L. 98-473, Sec. 626(a)(3)(A), in amending

subpar. (C) generally, designated provisions following

"representatives of private organizations" as cl. (i) and inserted

", including those with a special focus on maintaining and

strengthening the family unit", designated provisions following

"which utilize" as cl. (ii) and inserted "representatives of

organizations which", added cl. (iii), designated provisions

following "business groups" as cl. (iv), designated the remainder

of subpar. (C) as cl. (v) and substituted "family, school violence

and vandalism, and learning disabilities," for "school violence and

vandalism and the problem of learning disabilities; and

organizations which represent employees affected by this chapter,".

Subsec. (a)(3)(F). Pub. L. 98-473, Sec. 626(a)(3)(B)(i),

substituted "agency designated under paragraph (1)" for "criminal

justice council" in three places.

Subsec. (a)(3)(F)(ii). Pub. L. 98-473, Sec. 626(a)(3)(B)(ii),

substituted "paragraphs (12), (13), and (14)" for "paragraph

(12)(A) and paragraph (13)".

Subsec. (a)(3)(F)(iv). Pub. L. 98-473, Sec. 626(a)(3)(B)(iii),

substituted "paragraphs (12), (13), and (14)" for "paragraph

(12)(A) and paragraph (13)" and struck out "in advising on the

State's maintenance of effort under section 3793a of this title,"

before "and in review".

Subsec. (a)(9). Pub. L. 98-473, Sec. 626(a)(4), inserted "special

education,".

Subsec. (a)(10). Pub. L. 98-473, Sec. 626(a)(5)(A), in provisions

preceding subpar. (A), substituted "programs for juveniles,

including those processed in the criminal justice system," for

"programs for juveniles" and "provide for effective rehabilitation,

and facilitate the coordination of services between the juvenile

justice and criminal justice systems" for "and provide for

effective rehabilitation".

Subsec. (a)(10)(E). Pub. L. 98-473, Sec. 626(a)(5)(B), inserted

", including programs to counsel delinquent youth and other youth

regarding the opportunities which education provides".

Subsec. (a)(10)(F). Pub. L. 98-473, Sec. 626(a)(5)(C), inserted

"and their families".

Subsec. (a)(10)(H)(iii). Pub. L. 98-473, Sec. 626(a)(5)(D)(i),

substituted "National Advisory Committee for Juvenile Justice and

Delinquency Prevention made before October 12, 1984, standards for

the improvement of juvenile justice within the State;" for

"Advisory Committee, standards for the improvement of juvenile

justice within the State; or".

Subsec. (a)(10)(H)(v). Pub. L. 98-473, Sec. 626(a)(5)(D)(ii),

(iii), added cl. (v).

Subsec. (a)(10)(I). Pub. L. 98-473, Sec. 626(a)(5)(E), struck out

"and" at end.

Subsec. (a)(10)(J). Pub. L. 98-473, Sec. 626(a)(5)(F), struck out

"juvenile gangs and their members" and inserted "gangs whose

membership is substantially composed of juveniles".

Subsec. (a)(10)(K), (L). Pub. L. 98-473, Sec. 626(a)(5)(G), added

subpars. (K) and (L).

Subsec. (a)(14). Pub. L. 98-473, Sec. 626(a)(6), in amending par.

(14) generally, inserted ", through 1989," after "shall" and

substituted provisions relating to exceptions for former provisions

which related to the special needs of areas characterized by low

population density with respect to the detention of juveniles and

exceptions for temporary detention in adult facilities of juveniles

accused of serious crimes against persons.

Subsec. (a)(17), (18). Pub. L. 98-473, Sec. 626(a)(11), (12),

added par. (17) and redesignated former par. (17) as (18). Former

par. (18) redesignated (19).

Subsec. (a)(19). Pub. L. 98-473, Sec. 626(a)(11), redesignated

par. (18) as (19). Former par. (19) redesignated (20).

Pub. L. 98-473, Sec. 626(a)(7), in provisions preceding (A),

substituted "shall be" for "are" after "arrangements" and

substituted "chapter and shall provide for the terms and conditions

of such protective arrangements established pursuant to this

section, and such" for "chapter. Such", inserted "and" at end of

subpar. (D), substituted a semicolon for the period at end of

subpar. (E), and struck out last sentence, which read as follows:

"The State plan shall provide for the terms and conditions of the

protection arrangements established pursuant to this section;".

Subsec. (a)(20), (21). Pub. L. 98-473, Sec. 626(a)(11),

redesignated pars. (19) and (20) as (20) and (21), respectively.

Former par. (21) redesignated (22).

Subsec. (a)(22). Pub. L. 98-473, Sec. 626(a)(11), redesignated

par. (21) as (22). Former par. (22) redesignated (23).

Pub. L. 98-473, Sec. 626(a)(8), substituted "agency designated

under paragraph (1)" for "criminal justice council".

Subsec. (a)(23). Pub. L. 98-473, Sec. 626(a)(11), redesignated

par. (22) as (23).

Subsec. (b). Pub. L. 98-473, Sec. 626(b), substituted "agency

designated under subsection (a)(1) of this section" for "criminal

justice council designated pursuant to section 5633(a) of this

title" and "subsection (a) of this section" for "section 5633(a) of

this title".

Subsec. (c). Pub. L. 98-473, Sec. 626(c), substituted "3" for "2"

before "additional years".

Subsec. (d). Pub. L. 98-473, Sec. 626(d), made a conforming

amendment to the reference to sections 3783, 3784, and 3785 of this

title to reflect the renumbering of the corresponding sections of

the original act.

1980 - Subsec. (a). Pub. L. 96-509, Sec. 11(a)(1), in provisions

preceding par. (1), provided for 3-year, rather than annual, plans

and annually submitted performance reports which describe the

progress in implementing programs contained in the original plan

and the status of compliance with State plan requirements.

Pub. L. 96-509, Secs. 11(a)(15)(B), 19(g)(11), in provisions

following par. (22), substituted reference to section 3743 of this

title for reference to section 3733(a) of this title and inserted

provision that plans be modified by States as soon as possible

after Dec. 8, 1980, in order to comply with the requirements of

par. (14).

Subsec. (a)(1). Pub. L. 96-509, Sec. 19(g)(1), substituted "State

criminal justice council established by the State under section

3742(b)(1) of this title" for "State planning agency established by

the State under section 3723 of this title".

Subsec. (a)(2). Pub. L. 96-509, Sec. 19(g)(2), substituted

"criminal justice council" for "planning agency".

Subsec. (a)(3)(A). Pub. L. 96-509, Secs. 11(a)(2), 19(g)(3),

provided that State advisory groups shall consist of between 15 and

33 members rather than between 21 and 33 members and substituted

"juvenile delinquency" for "a juvenile delinquency".

Subsec. (a)(3)(B). Pub. L. 96-509, Sec. 11(a)(3), provided that

locally elected officials be included on State advisory groups and

made clear that special education departments be included along

with other public agencies for representation on State advisory

groups.

Subsec. (a)(3)(E). Pub. L. 96-509, Sec. 11(a)(4), provided that

one-fifth of the members of State advisory groups be under 24 years

of age at the time of their appointment, rather than one-third

under 26 years of age.

Subsec. (a)(3)(F). Pub. L. 96-509, Secs. 11(a)(5), (6), 19(g)(4),

substituted in cl. (i) "criminal justice council" for "planning

agency", in cl. (ii) provision that the State advisory groups

submit recommendations to the Governor and the legislature at least

annually regarding matters related to its functions for provision

that the State advisory groups advise the Governor and the

legislature on matters related to its functions as requested, in

cl. (iii) "criminal justice council" for "planning agency other

than those subject to review by the State's judicial planning

committee established pursuant to section 3723(c) of this title",

in cl. (iv) "criminal justice council and local criminal justice

advisory" for "planning agency and regional planning unit

supervisory" and "section 3793a of this title" for "sections

3768(b) and 5671(b) of this title", and added cl. (v).

Subsec. (a)(8). Pub. L. 96-509, Sec. 11(a)(7), provided that

State juvenile justice plan requirements conform to State criminal

justice application requirements and required a State concentration

of effort to coordinate State juvenile delinquency programs and

policy.

Subsec. (a)(10). Pub. L. 96-509, Sec. 11(a)(8)(A)-(C), in

provisions preceding subpar. (A), clarified that the advanced

techniques described in this paragraph are to be used to provide

community-based alternatives to "secure" juvenile detention and

correctional facilities and that advanced techniques can be used

for the purpose of providing programs for juveniles who have

committed serious crimes, particularly programs designed to improve

sentencing procedures, provide resources necessary for informed

dispositions, and provide for effective rehabilitation.

Subsec. (a)(10)(A). Pub. L. 96-509, Sec. 11(a)(9), inserted

provisions for inclusion of education and special education

programs among community-based programs and services.

Subsec. (a)(10)(E). Pub. L. 96-509, Sec. 11(a)(10), clarified

that educational programs included as advanced techniques should be

designed to encourage delinquent and other youth to remain in

school.

Subsec. (a)(10)(H). Pub. L. 96-509, Sec. 11(a)(11), provided that

statewide programs through the use of subsidies or other financial

incentives to units of local government be designed to (1) remove

juveniles from jails and lock-ups for adults, (2) replicate

juvenile programs designed as exemplary by the National Institute

of Justice, (3) establish and adopt standards for the improvement

of juvenile justice within the State, or, (4) increase the use of

nonsecure, community-based facilities and discourage the use of

secure incarceration and detention.

Subsec. (a)(10)(I). Pub. L. 96-509, Sec. 11(a)(12), revised

subpar. (I) to provide that advanced technique programs designed to

develop and implement projects relating to juvenile delinquency and

learning disabilities include on-the-job training programs to

assist law enforcement and juvenile justice personnel to more

effectively recognize and provide for learning disabled and other

handicapped juveniles.

Subsec. (a)(10)(J). Pub. L. 96-509, Sec. 11(a)(8)(D), added

subpar. (J).

Subsec. (a)(11). Pub. L. 96-509, Sec. 19(g)(5), substituted

"provide" for "provides".

Subsec. (a)(12)(A). Pub. L. 96-509, Sec. 11(a)(13), clarified

that juveniles who are charged with or who have committed offenses

that would not be criminal if committed by an adult shall not be

placed in secure detention facilities or secure correctional

facilities rather than simply, as formerly, juvenile detention or

correctional facilities.

Subsec. (a)(12)(B). Pub. L. 96-509, Sec. 19(g)(6), substituted

"Administrator" for "Associate Administrator".

Subsec. (a)(14). Pub. L. 96-509, Sec. 11(a)(15)(A), added par.

(14). Former par. (14) redesignated (15).

Subsec. (a)(15). Pub. L. 96-509, Secs. 11(a)(14), (15)(A),

19(g)(7), redesignated former par. (14) as (15) and in par. (15) as

so redesignated, provided that the annual reporting requirements of

the results of the monitoring required by this section can be

waived for States which have complied with the requirements of par.

(12)(A), par. (13), and par. (14), and which have enacted

legislation, conforming to those requirements, which contains, in

the opinion of the Administrator, sufficient enforcement mechanisms

to ensure that such legislation will be administered effectively

and substituted "to the Administrator" for "to the Associate

Administrator". Former par. (15) redesignated (16).

Subsec. (a)(16), (17). Pub. L. 96-509, Sec. 11(a)(15)(A),

redesignated former pars. (15) and (16) as (16) and (17),

respectively. Former par. (17) redesignated (18).

Subsec. (a)(18). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(8),

redesignated former par. (17) as (18) and, in subpar. (A) of par.

(18) as so redesignated, substituted "preservation of rights" for

"preservation or rights". Former par. (18) redesignated (19).

Subsec. (a)(19), (20). Pub. L. 96-509, Sec. 11(a)(15)(A),

redesignated former pars. (18) and (19) as (19) and (20),

respectively.

Subsec. (a)(21). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(9),

redesignated former par. (20) as (21) and substituted "State

criminal justice council will from time to time, but not less often

than annually, review its plan and submit to the Administrator" for

"State planning agency will from time to time, but not less often

than annually, review its plan and submit to the Associate

Administrator". Former par. (21) redesignated (22).

Subsec. (a)(22). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(10),

redesignated former par. (21) as (22) and substituted

"Administrator" for "Associate Administrator".

Subsec. (b). Pub. L. 96-509, Sec. 19(g)(12), substituted

"criminal justice council" for "planning agency".

Subsec. (c). Pub. L. 96-509, Sec. 11(b), made conforming

amendment, redefined "substantial compliance" with regard to

subsection (a)(12)(A) of this section to include either 75 percent

deinstitutionalization of juveniles who are charged with or who

have committed offenses that would not be criminal if committed by

an adult, or such nonoffenders as dependent or neglected children

or the removal of 100 percent of such juveniles from secure

correctional facilities, and inserted provision at end defining

substantial compliance with regard to subsec. (a)(14) of this

section.

Subsec. (d). Pub. L. 96-509, Secs. 11(c), 19(g)(13), substituted

reference to sections 3783, 3784, and 3785 of this title for

reference to sections 3757, 3758, and 3759 of this title and

provided that redistributed allotments be used for the purposes of

subsections (a)(12)(A), (a)(13) or (a)(14) of this section, and

further provided that the Administrator shall make such reallocated

funds available on an equitable basis to States that have achieved

full compliance with the requirements under subsecs. (a)(12)(A) and

(a)(13) of this section.

1977 - Subsec. (a)(3). Pub. L. 95-115, Sec. 4(c)(1), in

introductory text substituted provisions relating to functions

under subpar. (F) and participation in the development and review

of the plan, for provisions relating to advisement of the State

planning agency and its supervisory board, in subpar. (C) inserted

provision relating to representatives from business groups and

businesses, and in subpar. (E) inserted requirement for at least

three of the members to be or have been under the jurisdiction of

the juvenile justice system, and added subpar. (F).

Subsec. (a)(4). Pub. L. 95-115. Sec. 4(c)(2), inserted provisions

relating to grants or contracts with local private agencies or the

advisory group, and substituted "units of general local government

or combinations thereof in" for "local governments in".

Subsec. (a)(5). Pub. L. 95-115, Sec. 4(c)(3), substituted

provisions relating to requirements respecting expenditure of funds

through programs of units of general local government or

combinations thereof and programs of local private agencies, for

provisions relating to requirements respecting expenditure of funds

through programs of local government.

Subsec. (a)(6). Pub. L. 95-115, Sec. 4(c)(4), inserted provision

relating to regional planning agency and "unit of general" before

"local government".

Subsec. (a)(8). Pub. L. 95-115, Sec. 4(c)(5), inserted provisions

relating to programs and projects developed under the study.

Subsec. (a)(10). Pub. L. 95-115, Sec. 4(c)(6)(A)(i), (B),

inserted provisions relating to availability of funds to the State

advisory group and provisions expanding authorized use of funds to

include encouragement of diversity of alternatives within the

juvenile justice system and adoption of juvenile justice standards,

and substituted reference to unit of general local government or

combination of such unit with the State, for reference to local

government.

Subsec. (a)(10)(A). Pub. L. 95-115, Sec. 4(c)(6)(A)(ii), inserted

"twenty-four hour intake screening, volunteer and crisis home

programs, day treatment, and home probation," after "health

services,".

Subsec. (a)(10)(C). Pub. L. 95-115, Sec. 4(c)(6)(A)(iii),

substituted "other youth to help prevent delinquency" for "youth in

danger of becoming delinquent".

Subsec. (a)(10)(D). Pub. L. 95-115, Sec. 4(c)(6)(A)(iv),

substituted provisions relating to programs stressing advocacy

activities, for provisions relating to programs of drug and alcohol

abuse education and prevention and programs for treatment and

rehabilitation of drug addicted youth and drug dependent youth as

defined in section 201(q) of this title.

Subsec. (a)(10)(G). Pub. L. 95-115, Sec. 4(c)(6)(A)(v), inserted

"traditional youth" after "reached by".

Subsec. (a)(10)(H). Pub. L. 95-115, Sec. 4(c)(6)(A)(vi),

substituted "are" for "that may include but are not limited to

programs".

Subsec. (a)(10)(I). Pub. L. 95-115, Sec. 4(c)(6)(A)(vii), added

subpar. (I).

Subsec. (a)(12). Pub. L. 95-115, Sec. 4(c)(7), redesignated

existing provisions as subpar. (A), substituted provisions relating

to detention requirements respecting programs within three years

after submission of the initial plan, for provisions relating to

detention requirements respecting programs within two years after

submission of the plan, and added subpar. (B).

Subsec. (a)(13). Pub. L. 95-115, Sec. 4(c)(8), inserted "and

youths within the purview of paragraph (12)" after "delinquent".

Subsec. (a)(14). Pub. L. 95-115, Secs. 3(a)(3)(B), 4(c)(9),

inserted "(A)" after "(12)" and "Associate" before "Administrator"

and substituted "facilities, correctional facilities, and

non-secure facilities" for "facilities, and correctional

facilities".

Subsec. (a)(15). Pub. L. 95-115, Sec. 4(c)(10), struck out "all"

before "disadvantaged".

Subsec. (a)(19). Pub. L. 95-115, Sec. 4(c)(11), struck out ", to

the extent feasible and practical" before "the level".

Subsec. (a)(20), (21). Pub. L. 95-115, Sec. 3(a)(3)(B), inserted

"Associate" before "Administrator" wherever appearing.

Subsec. (b). Pub. L. 95-115, Sec. 4(c)(12), substituted

provisions relating to advice and recommendations for provisions

relating to consultations.

Subsec. (c). Pub. L. 95-115, Sec. 4(c)(13), inserted provisions

relating to failure to achieve compliance with the requirements of

subsec. (a)(12)(A) within the three-year time limitation.

Subsec. (d). Pub. L. 95-115, Sec. 4(c)(14), inserted provision

relating to the State choosing not to submit a plan and provision

relating to reallocation of funds by the Administrator.

Subsec. (e). Pub. L. 95-115, Sec. 4(c)(15), struck out subsec.

(e) which related to reallotment of funds in a State where the

State plan fails to meet the requirements of this section as a

result of oversight or neglect.

1976 - Subsec. (a). Pub. L. 94-503 substituted "(15), and (17)"

for "and (15)" in provisions preceding par. (1).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, but

amendment by section 7258(a) of Pub. L. 100-690 not applicable to a

State with respect to a fiscal year beginning before Nov. 18, 1988,

if the State plan is approved before such date by the Administrator

for such fiscal year, see section 7296(a), (b)(1) of Pub. L.

100-690, set out as a note under section 5601 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

Section 4(c)(3)(B) of Pub. L. 95-115 provided in part that the

amendment of subsec. (a)(5) of this section, which substituted

"5632(d)" for "5632(e)", by section 4(c)(3)(B) of Pub. L. 95-115 is

effective Oct. 1, 1978.

Section 4(c)(6)(B) of Pub. L. 95-115 provided in part that the

amendment of subsec. (a)(10) of this section, which substituted

"5632(d)" for "5632(e)", by section 4(c)(6)(B) of Pub. L. 95-115 is

effective Oct. 1, 1978.

SAVINGS PROVISION

Section 2(f)(3)(B) of Pub. L. 102-586 provided that:

"Notwithstanding the amendment made by subparagraph (A)(ii)

[amending this section], section 223(c)(3) of the Juvenile Justice

and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)(3)), as

in effect on the day prior to the date of enactment of this Act

[Nov. 4, 1992], shall remain in effect to the extent that it

provides the Administrator authority to grant a waiver with respect

to a fiscal year prior to a fiscal year beginning before January 1,

1993." On the day prior to Nov. 4, 1992, subsec. (c)(3) of this

section read as follows: "Except as provided in paragraph (2),

failure to achieve compliance with the requirements of subsection

(a)(14) of this section after December 8, 1985, shall terminate any

State's eligibility for funding under this part unless the

Administrator waives the termination of the State's eligibility on

the condition that the State agrees to expend all of the funds to

be received under this part by the State (excluding funds required

to be expended to comply with subsections (c) and (d) of section

5632 of this title and with subsection (a)(5)(C) of this section),

only to achieve compliance with subsection (a)(14) of this

section."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

COSTS AND IMPLICATIONS OF REMOVAL OF JUVENILES FROM ADULTS IN

JAILS; REPORT TO CONGRESS

Section 17 of Pub. L. 96-509 provided that the Administrator of

the Office of Juvenile Justice and Delinquency Prevention, not

later than 18 months after Dec. 8, 1980, submit a report to the

Congress relating to the cost and implications of any requirement

added to the Juvenile Justice and Delinquency Prevention Act of

1974 which would mandate the removal of juveniles from adults in

all jails and lockups, such report to include an estimate of the

costs likely to be incurred by the States, an analysis of the

experience of States which required the removal of juveniles from

adults in all jails and lockups, an analysis of possible adverse

ramifications which might result from such requirement of removal,

and recommendations for such legislative or administrative action

as the Administrator considers appropriate.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5614, 5616, 5617, 5631,

5632, 5653, 5656, 5671, 5672, 5781, 5782 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "and".

(!2) So in original. The comma probably should be a semicolon.

(!3) So in original. Probably should be "to enhance".

(!4) So in original. The words "by the provision" probably

should not appear.

-End-

-CITE-

42 USC Secs. 5634 to 5639 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part B - Federal Assistance for State and Local Programs

-HEAD-

Secs. 5634 to 5639. Repealed. Pub. L. 100-690, title VII, Sec.

7263(a)(1)(B), Nov. 18, 1988, 102 Stat. 4443

-MISC1-

Section 5634, Pub. L. 93-415, title II, Sec. 224, Sept. 7, 1974,

88 Stat. 1122; Pub. L. 95-115, Sec. 4(d), Oct. 3, 1977, 91 Stat.

1054; Pub. L. 96-509, Secs. 12, 19(h), Dec. 8, 1980, 94 Stat. 2759,

2765; Pub. L. 98-473, title II, Sec. 627, Oct. 12, 1984, 98 Stat.

2114, related to funding of special emphasis prevention and

treatment programs through grants and contracts.

Section 5635, Pub. L. 93-415, title II, Sec. 225, Sept. 7, 1974,

88 Stat. 1123; Pub. L. 94-503, title I, Sec. 130(c), Oct. 15, 1976,

90 Stat. 2425; Pub. L. 95-115, Sec. 4(e), Oct. 3, 1977, 91 Stat.

1055; Pub. L. 98-473, title II, Sec. 628, Oct. 12, 1984, 98 Stat.

2116, related to applications for grants and contracts under

section 5634 of this title.

Section 5636, Pub. L. 93-415, title II, Sec. 226, Sept. 7, 1974,

88 Stat. 1124, provided for proceedings by Administrator in the

case of noncompliance of program or activity with this subchapter.

Section 5637, Pub. L. 93-415, title II, Sec. 227, Sept. 7, 1974,

88 Stat. 1124; Pub. L. 95-115, Sec. 4(f), Oct. 3, 1977, 91 Stat.

1055; Pub. L. 96-509, Sec. 13(a), Dec. 8, 1980, 94 Stat. 2759; Pub.

L. 98-473, title II, Sec. 629, Oct. 12, 1984, 98 Stat. 2117,

related to use of funds paid pursuant to this subchapter.

Section 5638, Pub. L. 93-415, title II, Sec. 228, Sept. 7, 1974,

88 Stat. 1124; Pub. L. 95-115, Sec. 4(g)(1), (2), (3)(A), Oct. 3,

1977, 91 Stat. 1055, 1056; Pub. L. 96-509, Secs. 14, 19(i), Dec. 8,

1980, 94 Stat. 2760, 2765; Pub. L. 98-473, title II, Sec. 630, Oct.

12, 1984, 98 Stat. 2117, related to continuing financial assistance

for programs.

Section 5639, Pub. L. 93-415, title II, Sec. 229, as added Pub.

L. 95-115, Sec. 4(h), Oct. 3, 1977, 91 Stat. 1056, provided for

confidentiality of program records.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Part C - Juvenile Delinquency Prevention Block

Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

PART C - JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

-MISC1-

PRIOR PROVISIONS

A prior part C, consisting of sections 5651 to 5665a, related to

national programs, prior to repeal by Pub. L. 107-273, div. C,

title II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5617, 5667-1, 5667a-1, 5671,

5675, 5783 of this title.

-End-

-CITE-

42 USC Sec. 5651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5651. Authority to make grants

-STATUTE-

(a) Grants to eligible States

The Administrator may make grants to eligible States, from funds

allocated under section 5652 of this title, for the purpose of

providing financial assistance to eligible entities to carry out

projects designed to prevent juvenile delinquency, including -

(1) projects that provide treatment (including treatment for

mental health problems) to juvenile offenders, and juveniles who

are at risk of becoming juvenile offenders, who are victims of

child abuse or neglect or who have experienced violence in their

homes, at school, or in the community, and to their families, in

order to reduce the likelihood that such juveniles will commit

violations of law;

(2) educational projects or supportive services for delinquent

or other juveniles -

(A) to encourage juveniles to remain in elementary and

secondary schools or in alternative learning situations in

educational settings;

(B) to provide services to assist juveniles in making the

transition to the world of work and self-sufficiency;

(C) to assist in identifying learning difficulties (including

learning disabilities);

(D) to prevent unwarranted and arbitrary suspensions and

expulsions;

(E) to encourage new approaches and techniques with respect

to the prevention of school violence and vandalism;

(F) which assist law enforcement personnel and juvenile

justice personnel to more effectively recognize and provide for

learning-disabled and other juveniles with disabilities;

(G) which develop locally coordinated policies and programs

among education, juvenile justice, and social service agencies;

or

(H) to provide services to juveniles with serious mental and

emotional disturbances (SED) in need of mental health services;

(3) projects which expand the use of probation officers -

(A) particularly for the purpose of permitting nonviolent

juvenile offenders (including status offenders) to remain at

home with their families as an alternative to incarceration or

institutionalization; and

(B) to ensure that juveniles follow the terms of their

probation;

(4) counseling, training, and mentoring programs, which may be

in support of academic tutoring, vocational and technical

training, and drug and violence prevention counseling, that are

designed to link at-risk juveniles, juvenile offenders, or

juveniles who have a parent or legal guardian who is or was

incarcerated in a Federal, State, or local correctional facility

or who is otherwise under the jurisdiction of a Federal, State,

or local criminal justice system, particularly juveniles residing

in low-income and high-crime areas and juveniles experiencing

educational failure, with responsible individuals (such as law

enforcement officers, Department of Defense personnel,

individuals working with local businesses, and individuals

working with community-based and faith-based organizations and

agencies) who are properly screened and trained;

(5) community-based projects and services (including literacy

and social service programs) which work with juvenile offenders

and juveniles who are at risk of becoming juvenile offenders,

including those from families with limited English-speaking

proficiency, their parents, their siblings, and other family

members during and after incarceration of the juvenile offenders,

in order to strengthen families, to allow juvenile offenders to

be retained in their homes, and to prevent the involvement of

other juvenile family members in delinquent activities;

(6) projects designed to provide for the treatment (including

mental health services) of juveniles for dependence on or abuse

of alcohol, drugs, or other harmful substances;

(7) projects which leverage funds to provide scholarships for

postsecondary education and training for low-income juveniles who

reside in neighborhoods with high rates of poverty, violence, and

drug-related crimes;

(8) projects which provide for an initial intake screening of

each juvenile taken into custody -

(A) to determine the likelihood that such juvenile will

commit a subsequent offense; and

(B) to provide appropriate interventions (including mental

health services) to prevent such juvenile from committing

subsequent offenses;

(9) projects (including school- or community-based projects)

that are designed to prevent, and reduce the rate of, the

participation of juveniles in gangs that commit crimes

(particularly violent crimes), that unlawfully use firearms and

other weapons, or that unlawfully traffic in drugs and that

involve, to the extent practicable, families and other community

members (including law enforcement personnel and members of the

business community) in the activities conducted under such

projects;

(10) comprehensive juvenile justice and delinquency prevention

projects that meet the needs of juveniles through the

collaboration of the many local service systems juveniles

encounter, including schools, courts, law enforcement agencies,

child protection agencies, mental health agencies, welfare

services, health care agencies (including collaboration on

appropriate prenatal care for pregnant juvenile offenders),

private nonprofit agencies, and public recreation agencies

offering services to juveniles;

(11) to develop, implement, and support, in conjunction with

public and private agencies, organizations, and businesses,

projects for the employment of juveniles and referral to job

training programs (including referral to Federal job training

programs);

(12) delinquency prevention activities which involve youth

clubs, sports, recreation and parks, peer counseling and

teaching, the arts, leadership development, community service,

volunteer service, before- and after-school programs, violence

prevention activities, mediation skills training, camping,

environmental education, ethnic or cultural enrichment, tutoring,

and academic enrichment;

(13) to establish policies and systems to incorporate relevant

child protective services records into juvenile justice records

for purposes of establishing treatment plans for juvenile

offenders;

(14) programs that encourage social competencies,

problem-solving skills, and communication skills, youth

leadership, and civic involvement;

(15) programs that focus on the needs of young girls at-risk of

delinquency or status offenses;

(16) projects which provide for -

(A) an assessment by a qualified mental health professional

of incarcerated juveniles who are suspected to be in need of

mental health services;

(B) the development of an individualized treatment plan for

those incarcerated juveniles determined to be in need of such

services;

(C) the inclusion of a discharge plan for incarcerated

juveniles receiving mental health services that addresses

aftercare services; and

(D) all juveniles receiving psychotropic medications to be

under the care of a licensed mental health professional;

(17) after-school programs that provide at-risk juveniles and

juveniles in the juvenile justice system with a range of

age-appropriate activities, including tutoring, mentoring, and

other educational and enrichment activities;

(18) programs related to the establishment and maintenance of a

school violence hotline, based on a public-private partnership,

that students and parents can use to report suspicious, violent,

or threatening behavior to local school and law enforcement

authorities;

(19) programs (excluding programs to purchase guns from

juveniles) designed to reduce the unlawful acquisition and

illegal use of guns by juveniles, including partnerships between

law enforcement agencies, health professionals, school officials,

firearms manufacturers, consumer groups, faith-based groups and

community organizations;

(20) programs designed to prevent animal cruelty by juveniles

and to counsel juveniles who commit animal cruelty offenses,

including partnerships among law enforcement agencies, animal

control officers, social services agencies, and school officials;

(21) programs that provide suicide prevention services for

incarcerated juveniles and for juveniles leaving the

incarceration system;

(22) programs to establish partnerships between State

educational agencies and local educational agencies for the

design and implementation of character education and training

programs that reflect the values of parents, teachers, and local

communities, and incorporate elements of good character,

including honesty, citizenship, courage, justice, respect,

personal responsibility, and trustworthiness;

(23) programs that foster strong character development in

at-risk juveniles and juveniles in the juvenile justice system;

(24) local programs that provide for immediate psychological

evaluation and follow-up treatment (including evaluation and

treatment during a mandatory holding period for not less than 24

hours) for juveniles who bring a gun on school grounds without

permission from appropriate school authorities; and

(25) other activities that are likely to prevent juvenile

delinquency.

(b) Grants to eligible Indian tribes

The Administrator may make grants to eligible Indian tribes from

funds allocated under section 5652(b) of this title, to carry out

projects of the kinds described in subsection (a) of this section.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 241, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1880.)

-MISC1-

PRIOR PROVISIONS

A prior section 5651, Pub. L. 93-415, title II, Sec. 241, Sept.

7, 1974, 88 Stat. 1125; Pub. L. 95-115, Secs. 3(a)(3)(A), (5),

5(a), (f), Oct. 3, 1977, 91 Stat. 1048, 1049, 1056, 1057; Pub. L.

96-509, Sec. 19(j), Dec. 8, 1980, 94 Stat. 2765; Pub. L. 98-473,

title II, Sec. 631, Oct. 12, 1984, 98 Stat. 2118; Pub. L. 100-690,

title VII, Sec. 7259, Nov. 18, 1988, 102 Stat. 4441; Pub. L.

102-586, Sec. 2(g)(1), Nov. 4, 1992, 106 Stat. 4994, related to the

National Institute for Juvenile Justice and Delinquency Prevention,

prior to repeal by Pub. L. 107-273, div. C, title II, Sec.

12210(1), Nov. 2, 2002, 116 Stat. 1880.

EFFECTIVE DATE

Part effective Nov. 2, 2002, and applicable only with respect to

fiscal years beginning after Sept. 30, 2002, see section 12223 of

Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5653, 5654, 5655, 5656 of

this title.

-End-

-CITE-

42 USC Sec. 5652 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5652. Allocation

-STATUTE-

(a) Allocation among eligible States

Subject to subsection (b) of this section, funds appropriated to

carry out this part shall be allocated among eligible States

proportionately based on the population that is less than 18 years

of age in the eligible States.

(b) Allocation among Indian tribes collectively

Before allocating funds under subsection (a) of this section

among eligible States, the Administrator shall allocate among

eligible Indian tribes as determined under section 5656(a) of this

title, an aggregate amount equal to the amount such tribes would be

allocated under subsection (a) of this section, and without regard

to this subsection, if such tribes were treated collectively as an

eligible State.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 242, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1884.)

-MISC1-

PRIOR PROVISIONS

A prior section 5652, Pub. L. 93-415, title II, Sec. 242, Sept.

7, 1974, 88 Stat. 1126; Pub. L. 100-690, title VII, Sec. 7260, Nov.

18, 1988, 102 Stat. 4441; Pub. L. 102-586, Sec. 2(g)(2), Nov. 4,

1992, 106 Stat. 4995, related to the information function of the

Institute, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5651 of this title.

-End-

-CITE-

42 USC Sec. 5653 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5653. Eligibility of States

-STATUTE-

(a) Application

To be eligible to receive a grant under section 5651 of this

title, a State shall submit to the Administrator an application

that contains the following:

(1) An assurance that the State will use -

(A) not more than 5 percent of such grant, in the aggregate,

for -

(i) the costs incurred by the State to carry out this part;

and

(ii) to evaluate, and provide technical assistance relating

to, projects and activities carried out with funds provided

under this part; and

(B) the remainder of such grant to make grants under section

5654 of this title.

(2) An assurance that, and a detailed description of how, such

grant will supplement, and not supplant State and local efforts

to prevent juvenile delinquency.

(3) An assurance that such application was prepared after

consultation with and participation by the State advisory group,

community-based organizations, and organizations in the local

juvenile justice system, that carry out programs, projects, or

activities to prevent juvenile delinquency.

(4) An assurance that the State advisory group will be afforded

the opportunity to review and comment on all grant applications

submitted to the State agency.

(5) An assurance that each eligible entity described in section

5654 of this title that receives an initial grant under section

5654 of this title to carry out a project or activity shall also

receive an assurance from the State that such entity will receive

from the State, for the subsequent fiscal year to carry out such

project or activity, a grant under such section in an amount that

is proportional, based on such initial grant and on the amount of

the grant received under section 5651 of this title by the State

for such subsequent fiscal year, but that does not exceed the

amount specified for such subsequent fiscal year in such

application as approved by the State.

(6) Such other information and assurances as the Administrator

may reasonably require by rule.

(b) Approval of applications

(1) Approval required

Subject to paragraph (2), the Administrator shall approve an

application, and amendments to such application submitted in

subsequent fiscal years, that satisfy the requirements of

subsection (a) of this section.

(2) Limitation

The Administrator may not approve such application (including

amendments to such application) for a fiscal year unless -

(A)(i) the State submitted a plan under section 5633 of this

title for such fiscal year; and

(ii) such plan is approved by the Administrator for such

fiscal year; or

(B) the Administrator waives the application of subparagraph

(A) to such State for such fiscal year, after finding good

cause for such a waiver.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 243, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1884.)

-MISC1-

PRIOR PROVISIONS

A prior section 5653, Pub. L. 93-415, title II, Sec. 243, Sept.

7, 1974, 88 Stat. 1126; Pub. L. 95-115, Secs. 3(a)(3)(B), 5(b),

Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 98-473, title II, Sec.

632, Oct. 12, 1984, 98 Stat. 2118; Pub. L. 100-690, title VII, Sec.

7261, Nov. 18, 1988, 102 Stat. 4442; Pub. L. 102-586, Sec. 2(g)(3),

Nov. 4, 1992, 106 Stat. 4995, related to research, demonstration,

and evaluation, prior to repeal by Pub. L. 107-273, div. C, title

II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

-End-

-CITE-

42 USC Sec. 5654 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5654. Grants for local projects

-STATUTE-

(a) Grants by States

Using a grant received under section 5651 of this title, a State

may make grants to eligible entities whose applications are

received by the State, and reviewed by the State advisory group, to

carry out projects and activities described in section 5651 of this

title.

(b) Special consideration

For purposes of making grants under subsection (a) of this

section, the State shall give special consideration to eligible

entities that -

(1) propose to carry out such projects in geographical areas in

which there is -

(A) a disproportionately high level of serious crime

committed by juveniles; or

(B) a recent rapid increase in the number of nonstatus

offenses committed by juveniles;

(2)(A) agreed to carry out such projects or activities that are

multidisciplinary and involve more than 2 private nonprofit

agencies, organizations, and institutions that have experience

dealing with juveniles; or

(B) represent communities that have a comprehensive plan

designed to identify at-risk juveniles and to prevent or reduce

the rate of juvenile delinquency, and that involve other entities

operated by individuals who have a demonstrated history of

involvement in activities designed to prevent juvenile

delinquency; and

(3) the amount of resources (in cash or in kind) such entities

will provide to carry out such projects and activities.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 244, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1885.)

-MISC1-

PRIOR PROVISIONS

A prior section 5654, Pub. L. 93-415, title II, Sec. 244, Sept.

7, 1974, 88 Stat. 1127; Pub. L. 95-115, Sec. 5(f), Oct. 3, 1977, 91

Stat. 1057; Pub. L. 96-509, Sec. 19(k), Dec. 8, 1980, 94 Stat.

2765; Pub. L. 98-473, title II, Sec. 633, Oct. 12, 1984, 98 Stat.

2119; Pub. L. 100-690, title VII, Sec. 7262, Nov. 18, 1988, 102

Stat. 4442; Pub. L. 102-586, Sec. 2(g)(3), Nov. 4, 1992, 106 Stat.

4996; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec.

129(a)(2)(D)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-76, related

to technical assistance and training functions, prior to repeal by

Pub. L. 107-273, div. C, title II, Sec. 12210(1), Nov. 2, 2002, 116

Stat. 1880.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5653, 5655 of this title.

-End-

-CITE-

42 USC Sec. 5655 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5655. Eligibility of entities

-STATUTE-

(a) Eligibility

Except as provided in subsection (b) of this section, to be

eligible to receive a grant under section 5654 of this title, a

unit of general purpose local government, acting jointly with not

fewer than 2 private nonprofit agencies, organizations, and

institutions that have experience dealing with juveniles, shall

submit to the State an application that contains the following:

(1) An assurance that such applicant will use such grant, and

each such grant received for the subsequent fiscal year, to carry

out throughout a 2-year period a project or activity described in

reasonable detail, and of a kind described in one or more of

paragraphs (1) through (25) of section 5651(a) of this title as

specified in, such application.

(2) A statement of the particular goals such project or

activity is designed to achieve, and the methods such entity will

use to achieve, and assess the achievement of, each of such

goals.

(3) A statement identifying the research (if any) such entity

relied on in preparing such application.

(b) Limitation

If an eligible entity that receives a grant under section 5654 of

this title to carry out a project or activity for a 2-year period,

and receives technical assistance from the State or the

Administrator after requesting such technical assistance (if any),

fails to demonstrate, before the expiration of such 2-year period,

that such project or such activity has achieved substantial success

in achieving the goals specified in the application submitted by

such entity to receive such grants, then such entity shall not be

eligible to receive any subsequent grant under such section to

continue to carry out such project or activity.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 245, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1885.)

-MISC1-

PRIOR PROVISIONS

A prior section 5655, Pub. L. 93-415, title II, Sec. 245, Sept.

7, 1974, 88 Stat. 1127; Pub. L. 95-115, Sec. 5(c), Oct. 3, 1977, 91

Stat. 1057; Pub. L. 96-509, Sec. 19(l), Dec. 8, 1980, 94 Stat.

2765, provided for the functions of the Advisory Committee, prior

to repeal by Pub. L. 98-473, title II, Secs. 634, 670(a), Oct. 12,

1984, 98 Stat. 2119, 2129, effective Oct. 12, 1984.

A prior section 245 of Pub. L. 93-415 was classified to section

5659 of this title prior to repeal by Pub. L. 107-273.

Another prior section 245 of Pub. L. 93-415 was classified to

section 5656 of this title prior to repeal by Pub. L. 100-690.

-End-

-CITE-

42 USC Sec. 5656 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part C - Juvenile Delinquency Prevention Block Grant Program

-HEAD-

Sec. 5656. Grants to Indian tribes

-STATUTE-

(a) Eligibility

(1) Application

To be eligible to receive a grant under section 5651(b) of this

title, an Indian tribe shall submit to the Administrator an

application in accordance with this section, in such form and

containing such information as the Administrator may require by

rule.

(2) Plans

Such application shall include a plan for conducting programs,

projects, and activities described in section 5651(a) of this

title, which plan shall -

(A) provide evidence that the applicant Indian tribe performs

law enforcement functions (as determined by the Secretary of

the Interior);

(B) identify the juvenile justice and delinquency problems

and juvenile delinquency prevention needs to be addressed by

activities conducted with funds provided by the grant for which

such application is submitted, by the Indian tribe in the

geographical area under the jurisdiction of the Indian tribe;

(C) provide for fiscal control and accounting procedures that

-

(i) are necessary to ensure the prudent use, proper

disbursement, and accounting of grants received by applicants

under this section; and

(ii) are consistent with the requirement specified in

subparagraph (B); and

(D) comply with the requirements specified in section 5633(a)

of this title (excluding any requirement relating to

consultation with a State advisory group) and with the

requirements specified in section 5632(c) of this title; and

(E) contain such other information, and be subject to such

additional requirements, as the Administrator may reasonably

require by rule to ensure the effectiveness of the projects for

which grants are made under section 5651(b) of this title.

(b) Factors for consideration

For the purpose of selecting eligible applicants to receive

grants under section 5651(b) of this title, the Administrator shall

consider -

(1) the resources that are available to each applicant Indian

tribe that will assist, and be coordinated with, the overall

juvenile justice system of the Indian tribe; and

(2) with respect to each such applicant -

(A) the juvenile population; and

(B) the population and the entities that will be served by

projects proposed to be carried out with the grant for which

the application is submitted.

(c) Grant process

(1) Selection of grant recipients

(A) Selection requirements

Except as provided in paragraph (2), the Administrator shall

-

(i) make grants under this section on a competitive basis;

and

(ii) specify in writing to each applicant selected to

receive a grant under this section, the terms and conditions

on which such grant is made to such applicant.

(B) Period of grant

A grant made under this section shall be available for

expenditure during a 2-year period.

(2) Exception

If -

(A) in the 2-year period for which a grant made under this

section shall be expended, the recipient of such grant applies

to receive a subsequent grant under this section; and

(B) the Administrator determines that such recipient

performed during the year preceding the 2-year period for which

such recipient applies to receive such subsequent grant

satisfactorily and in accordance with the terms and conditions

applicable to the grant received;

then the Administrator may waive the application of the

competition-based requirement specified in paragraph (1)(A)(i)

and may allow the applicant to incorporate by reference in the

current application the text of the plan contained in the

recipient's most recent application previously approved under

this section.

(3) Authority to modify application process for subsequent grants

The Administrator may modify by rule the operation of

subsection (a) of this section with respect to the submission and

contents of applications for subsequent grants described in

paragraph (2).

(d) Reporting requirement

Each Indian tribe that receives a grant under this section shall

be subject to the fiscal accountability provisions of section

450c(f)(1) of title 25, relating to the submission of a

single-agency audit report required by chapter 75 of title 31.

(e) Matching requirement

(1) Funds appropriated for the activities of any agency of an

Indian tribal government or the Bureau of Indian Affairs performing

law enforcement functions on any Indian lands may be used to

provide the non-Federal share of any program or project with a

matching requirement funded under this section.

(2) Paragraph (1) shall not apply with respect to funds

appropriated before November 2, 2002.

(3) If the Administrator determines that an Indian tribe does not

have sufficient funds available to meet the non-Federal share of

the cost of any program or activity to be funded under the grant,

the Administrator may increase the Federal share of the cost

thereof to the extent the Administrator deems necessary.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 246, as added Pub. L. 107-273, div.

C, title II, Sec. 12210(4), Nov. 2, 2002, 116 Stat. 1886.)

-MISC1-

PRIOR PROVISIONS

A prior section 5656, Pub. L. 93-415, title II, Sec. 245,

formerly Sec. 246, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 94-273,

Sec. 2(27), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95-115, Sec.

3(a)(3), (5), Oct. 3, 1977, 91 Stat. 1048, 1049; Pub. L. 96-509,

Sec. 19(m), Dec. 8, 1980, 94 Stat. 2765; renumbered Sec. 245, Pub.

L. 98-473, title II, Sec. 635, Oct. 12, 1984, 98 Stat. 2120,

related to annual report by Deputy Administrator on programs funded

under this subchapter, prior to repeal by Pub. L. 100-690, title

VII, Secs. 7263(a)(2)(C), 7296(a), Nov. 18, 1988, 102 Stat. 4443,

4463, effective Oct. 1, 1988.

A prior section 5657, Pub. L. 93-415, title II, Sec. 246,

formerly Sec. 247, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95-115,

Sec. 5(d), Oct. 3, 1977, 91 Stat. 1057; renumbered Sec. 246 and

amended Pub. L. 98-473, title II, Sec. 636, Oct. 12, 1984, 98 Stat.

2120, set forth additional functions of the Institute for Juvenile

Justice and Delinquency Prevention, prior to repeal by Pub. L.

100-690, title VII, Secs. 7263(a)(2)(C), 7296(a), Nov. 18, 1988,

102 Stat. 4443, 4463, effective Oct. 1, 1988.

A prior section 5658, Pub. L. 93-415, title II, Sec. 248, Sept.

7, 1974, 88 Stat. 1128, set forth provisions relating to

restrictions on disclosure and transfer of juvenile records, prior

to repeal by Pub. L. 95-115, Sec. 5(e)(1), Oct. 3, 1977, 91 Stat.

1057, effective Oct. 1, 1977.

A prior section 5659, Pub. L. 93-415, title II, Sec. 245,

formerly Sec. 249, Sept. 7, 1974, 88 Stat. 1128; renumbered Sec.

248 and amended Pub. L. 95-115, Secs. 3(a)(3)(B), 5(e)(1), (f),

Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96-509, Sec. 19(n), Dec.

8, 1980, 94 Stat. 2765; renumbered Sec. 247 and amended Pub. L.

98-473, title II, Sec. 637, Oct. 12, 1984, 98 Stat. 2120;

renumbered Sec. 245, Pub. L. 100-690, title VII, Sec.

7263(a)(2)(E), Nov. 18, 1988, 102 Stat. 4443; Pub. L. 102-586, Sec.

2(g)(4), Nov. 4, 1992, 106 Stat. 4996, established a training

program of methods and techniques for the prevention and treatment

of juvenile delinquency, prior to repeal by Pub. L. 107-273, div.

C, title II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior section 5660, Pub. L. 93-415, title II, Sec. 246,

formerly Sec. 250, Sept. 7, 1974, 88 Stat. 1128; renumbered Sec.

249 and amended Pub. L. 95-115, Secs. 3(a)(3)(B), 5(e)(1), (2)(A),

Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96-509, Sec. 19(o), Dec.

8, 1980, 94 Stat. 2765; renumbered Sec. 248 Pub. L. 98-473, title

II, Sec. 638, Oct. 12, 1984, 98 Stat. 2120; renumbered Sec. 246 and

amended Pub. L. 100-690, title VII, Sec. 7263(a)(2)(E), (b)(2),

Nov. 18, 1988, 102 Stat. 4443, 4447; Pub. L. 102-586, Sec. 2(g)(5),

Nov. 4, 1992, 106 Stat. 4996, related to the curriculum for

training program, prior to repeal by Pub. L. 107-273, div. C, title

II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5652 of this title.

-End-

-CITE-

42 USC Part D - Research; Evaluation; Technical

Assistance; Training 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part D - Research; Evaluation; Technical Assistance; Training

-HEAD-

PART D - RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

-MISC1-

PRIOR PROVISIONS

A prior part D, consisting of sections 5667 to 5667b, related to

gang-free schools and communities and gang intervention, prior to

repeal by Pub. L. 107-273, div. C, title II, Sec. 12210(1), Nov. 2,

2002, 116 Stat. 1880.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5614, 5671 of this title.

-End-

-CITE-

42 USC Sec. 5661 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part D - Research; Evaluation; Technical Assistance; Training

-HEAD-

Sec. 5661. Research and evaluation; statistical analyses;

information dissemination

-STATUTE-

(a) Research and evaluation

(1) The Administrator may -

(A) plan and identify the purposes and goals of all agreements

carried out with funds provided under this subsection; and

(B) conduct research or evaluation in juvenile justice matters,

for the purpose of providing research and evaluation relating to

-

(i) the prevention, reduction, and control of juvenile

delinquency and serious crime committed by juveniles;

(ii) the link between juvenile delinquency and the

incarceration of members of the families of juveniles;

(iii) successful efforts to prevent first-time minor

offenders from committing subsequent involvement in serious

crime;

(iv) successful efforts to prevent recidivism;

(v) the juvenile justice system;

(vi) juvenile violence;

(vii) appropriate mental health services for juveniles and

youth at risk of participating in delinquent activities;

(viii) reducing the proportion of juveniles detained or

confined in secure detention facilities, secure correctional

facilities, jails, and lockups who are members of minority

groups;

(ix) evaluating services, treatment, and aftercare placement

of juveniles who were under the care of the State child

protection system before their placement in the juvenile

justice system;

(x) determining -

(I) the frequency, seriousness, and incidence of drug use

by youth in schools and communities in the States using, if

appropriate, data submitted by the States pursuant to this

subparagraph and subsection (b) of this section; and

(II) the frequency, degree of harm, and morbidity of

violent incidents, particularly firearm-related injuries and

fatalities, by youth in schools and communities in the

States, including information with respect to -

(aa) the relationship between victims and perpetrators;

(bb) demographic characteristics of victims and

perpetrators; and

(cc) the type of weapons used in incidents, as classified

in the Uniform Crime Reports of the Federal Bureau of

Investigation; and

(xi) other purposes consistent with the purposes of this

subchapter and subchapter I of this chapter.

(2) The Administrator shall ensure that an equitable amount of

funds available to carry out paragraph (1)(B) is used for research

and evaluation relating to the prevention of juvenile delinquency.

(3) Nothing in this subsection shall be construed to permit the

development of a national database of personally identifiable

information on individuals involved in studies, or in

data-collection efforts, carried out under paragraph (1)(B)(x).

(4) Not later than 1 year after November 2, 2002, the

Administrator shall conduct a study with respect to juveniles who,

prior to placement in the juvenile justice system, were under the

care or custody of the State child welfare system, and to juveniles

who are unable to return to their family after completing their

disposition in the juvenile justice system and who remain wards of

the State. Such study shall include -

(A) the number of juveniles in each category;

(B) the extent to which State juvenile justice systems and

child welfare systems are coordinating services and treatment for

such juveniles;

(C) the Federal and local sources of funds used for placements

and post-placement services;

(D) barriers faced by State in providing services to these

juveniles;

(E) the types of post-placement services used;

(F) the frequency of case plans and case plan reviews; and

(G) the extent to which case plans identify and address

permanency and placement barriers and treatment plans.

(b) Statistical analyses

The Administrator may -

(1) plan and identify the purposes and goals of all agreements

carried out with funds provided under this subsection; and

(2) undertake statistical work in juvenile justice matters, for

the purpose of providing for the collection, analysis, and

dissemination of statistical data and information relating to

juvenile delinquency and serious crimes committed by juveniles,

to the juvenile justice system, to juvenile violence, and to

other purposes consistent with the purposes of this subchapter

and subchapter I of this chapter.

(c) Grant authority and competitive selection process

The Administrator may make grants and enter into contracts with

public or private agencies, organizations, or individuals and shall

use a competitive process, established by rule by the

Administrator, to carry out subsections (a) and (b) of this

section.

(d) Implementation of agreements

A Federal agency that makes an agreement under subsections

(a)(1)(B) and (b)(2) of this section with the Administrator may

carry out such agreement directly or by making grants to or

contracts with public and private agencies, institutions, and

organizations.

(e) Information dissemination

The Administrator may -

(1) review reports and data relating to the juvenile justice

system in the United States and in foreign nations (as

appropriate), collect data and information from studies and

research into all aspects of juvenile delinquency (including the

causes, prevention, and treatment of juvenile delinquency) and

serious crimes committed by juveniles;

(2) establish and operate, directly or by contract, a

clearinghouse and information center for the preparation,

publication, and dissemination of information relating to

juvenile delinquency, including State and local prevention and

treatment programs, plans, resources, and training and technical

assistance programs; and

(3) make grants and contracts with public and private agencies,

institutions, and organizations, for the purpose of disseminating

information to representatives and personnel of public and

private agencies, including practitioners in juvenile justice,

law enforcement, the courts, corrections, schools, and related

services, in the establishment, implementation, and operation of

projects and activities for which financial assistance is

provided under this subchapter.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 251, as added Pub. L. 107-273, div.

C, title II, Sec. 12211, Nov. 2, 2002, 116 Stat. 1888.)

-MISC1-

PRIOR PROVISIONS

A prior section 5661, Pub. L. 93-415, title II, Sec. 247,

formerly Sec. 251, Sept. 7, 1974, 88 Stat. 1128; renumbered Sec.

250 and amended Pub. L. 95-115, Secs. 3(a)(3)(B), 5(e)(1), (2)(B),

Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96-509, Sec. 19(p), Dec.

8, 1980, 94 Stat. 2765; renumbered Sec. 249 and amended Pub. L.

98-473, title II, Sec. 639, Oct. 12, 1984, 98 Stat. 2120;

renumbered Sec. 247 and amended Pub. L. 100-690, title VII, Sec.

7263(a)(2)(D), (E), Nov. 18, 1988, 102 Stat. 4443, related to

participation in training program and State advisory group

conferences, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

EFFECTIVE DATE

Part effective Nov. 2, 2002, and applicable only with respect to

fiscal years beginning after Sept. 30, 2002, see section 12223 of

Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5662 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part D - Research; Evaluation; Technical Assistance; Training

-HEAD-

Sec. 5662. Training and technical assistance

-STATUTE-

(a) Training

The Administrator may -

(1) develop and carry out projects for the purpose of training

representatives and personnel of public and private agencies,

including practitioners in juvenile justice, law enforcement,

courts (including model juvenile and family courts), corrections,

schools, and related services, to carry out the purposes

specified in section 5602 of this title; and

(2) make grants to and contracts with public and private

agencies, institutions, and organizations for the purpose of

training representatives and personnel of public and private

agencies, including practitioners in juvenile justice, law

enforcement, courts (including model juvenile and family courts),

corrections, schools, and related services, to carry out the

purposes specified in section 5602 of this title.

(b) Technical assistance

The Administrator may -

(1) develop and implement projects for the purpose of providing

technical assistance to representatives and personnel of public

and private agencies and organizations, including practitioners

in juvenile justice, law enforcement, courts (including model

juvenile and family courts), corrections, schools, and related

services, in the establishment, implementation, and operation of

programs, projects, and activities for which financial assistance

is provided under this subchapter; and

(2) make grants to and contracts with public and private

agencies, institutions, and organizations, for the purpose of

providing technical assistance to representatives and personnel

of public and private agencies, including practitioners in

juvenile justice, law enforcement, courts (including model

juvenile and family courts), corrections, schools, and related

services, in the establishment, implementation, and operation of

programs, projects, and activities for which financial assistance

is provided under this subchapter.

(c) Training and technical assistance to mental health

professionals and law enforcement personnel

The Administrator shall provide training and technical assistance

to mental health professionals and law enforcement personnel

(including public defenders, police officers, probation officers,

judges, parole officials, and correctional officers) to address or

to promote the development, testing, or demonstration of promising

or innovative models (including model juvenile and family courts),

programs, or delivery systems that address the needs of juveniles

who are alleged or adjudicated delinquent and who, as a result of

such status, are placed in secure detention or confinement or in

nonsecure residential placements.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 252, as added Pub. L. 107-273, div.

C, title II, Sec. 12211, Nov. 2, 2002, 116 Stat. 1890.)

-MISC1-

PRIOR PROVISIONS

A prior section 5662, Pub. L. 93-415, title II, Sec. 248, as

added Pub. L. 100-690, title VII, Sec. 7264, Nov. 18, 1988, 102

Stat. 4447; amended Pub. L. 102-586, Sec. 2(g)(6), Nov. 4, 1992,

106 Stat. 4997, related to special studies and reports, prior to

repeal by Pub. L. 107-273, div. C, title II, Sec. 12210(1), Nov. 2,

2002, 116 Stat. 1880.

-End-

-CITE-

42 USC Part E - Developing, Testing, and Demonstrating

Promising New Initiatives and

Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part E - Developing, Testing, and Demonstrating Promising New

Initiatives and Programs

-HEAD-

PART E - DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW

INITIATIVES AND PROGRAMS

-MISC1-

PRIOR PROVISIONS

A prior part E, consisting of section 5667c, related to State

challenge activities, prior to repeal by Pub. L. 107-273, div. C,

title II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5614, 5671 of this title.

-End-

-CITE-

42 USC Sec. 5665 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part E - Developing, Testing, and Demonstrating Promising New

Initiatives and Programs

-HEAD-

Sec. 5665. Grants and projects

-STATUTE-

(a) Authority to make grants

The Administrator may make grants to and contracts with States,

units of general local government, Indian tribal governments,

public and private agencies, organizations, and individuals, or

combinations thereof, to carry out projects for the development,

testing, and demonstration of promising initiatives and programs

for the prevention, control, or reduction of juvenile delinquency.

The Administrator shall ensure that, to the extent reasonable and

practicable, such grants are made to achieve an equitable

geographical distribution of such projects throughout the United

States.

(b) Use of grants

A grant made under subsection (a) of this section may be used to

pay all or part of the cost of the project for which such grant is

made.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 261, as added Pub. L. 107-273, div.

C, title II, Sec. 12212, Nov. 2, 2002, 116 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

A prior section 5665, Pub. L. 93-415, title II, Sec. 261, as

added Pub. L. 100-690, title VII, Sec. 7263(a)(2)(F), Nov. 18,

1988, 102 Stat. 4443; amended Pub. L. 102-586, Sec. 2(g)(7), Nov.

4, 1992, 106 Stat. 5000, related to authority to make grants and

contracts, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior section 261 of Pub. L. 93-415 was renumbered section 299

and is classified to section 5671 of this title.

A prior section 5665a, Pub. L. 93-415, title II, Sec. 262, as

added Pub. L. 100-690, title VII, Sec. 7263(a)(2)(F), Nov. 18,

1988, 102 Stat. 4445; amended Pub. L. 102-586, Sec. 2(h), Nov. 4,

1992, 106 Stat. 5001, related to considerations for approval of

applications, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

EFFECTIVE DATE

Part effective Nov. 2, 2002, and applicable only with respect to

fiscal years beginning after Sept. 30, 2002, see section 12223 of

Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5666 of this title.

-End-

-CITE-

42 USC Sec. 5666 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part E - Developing, Testing, and Demonstrating Promising New

Initiatives and Programs

-HEAD-

Sec. 5666. Grants for technical assistance

-STATUTE-

The Administrator may make grants to and contracts with public

and private agencies, organizations, and individuals to provide

technical assistance to States, units of general local government,

Indian tribal governments, local private entities or agencies, or

any combination thereof, to carry out the projects for which grants

are made under section 5665 of this title.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 262, as added Pub. L. 107-273, div.

C, title II, Sec. 12212, Nov. 2, 2002, 116 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

A prior section 262 of Pub. L. 93-415 was classified to section

5665a of this title, prior to repeal by Pub. L. 107-273.

Another prior section 262 of Pub. L. 93-415 was renumbered

section 299A and is classified to section 5672 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13023 of this title.

-End-

-CITE-

42 USC Sec. 5667 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part E - Developing, Testing, and Demonstrating Promising New

Initiatives and Programs

-HEAD-

Sec. 5667. Eligibility

-STATUTE-

To be eligible to receive a grant made under this part, a public

or private agency, Indian tribal government, organization,

institution, individual, or combination thereof shall submit an

application to the Administrator at such time, in such form, and

containing such information as the Administrator may reasonably

require by rule.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 263, as added Pub. L. 107-273, div.

C, title II, Sec. 12212, Nov. 2, 2002, 116 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

A prior section 5667, Pub. L. 93-415, title II, Sec. 281, as

added Pub. L. 102-586, Sec. 2(i), Nov. 4, 1992, 106 Stat. 5001,

related to authority to make grants and contracts, prior to repeal

by Pub. L. 107-273, div. C, title II, Sec. 12210(1), Nov. 2, 2002,

116 Stat. 1880.

Another prior section 5667, Pub. L. 93-415, title II, Sec. 281,

as added Pub. L. 100-690, title VII, Sec. 7267, Nov. 18, 1988, 102

Stat. 4451, authorized Administrator to make grants and contracts

for prevention and treatment programs relating to juvenile gangs,

drug abuse, and drug trafficking, prior to the general amendment of

part D by Pub. L. 102-586.

Prior sections 5667-1 to 5667f-3 were repealed by Pub. L.

107-273, div. C, title II, Sec. 12210(1), Nov. 2, 2002, 116 Stat.

1880.

Section 5667-1, Pub. L. 93-415, title II, Sec. 281A, as added

Pub. L. 102-586, Sec. 2(i), Nov. 4, 1992, 106 Stat. 5003, related

to approval of applications.

Section 5667a, Pub. L. 93-415, title II, Sec. 282, as added Pub.

L. 102-586, Sec. 2(i), Nov. 4, 1992, 106 Stat. 5004, related to

authority to make grants and contracts.

Another prior section 5667a, Pub. L. 93-415, title II, Sec. 282,

as added Pub. L. 100-690, title VII, Sec. 7267, Nov. 18, 1988, 102

Stat. 4451, related to approval of applications for grants and

contracts, prior to the general amendment of part D by Pub. L.

102-586.

Section 5667a-1, Pub. L. 93-415, title II, Sec. 282A, as added

Pub. L. 102-586, Sec. 2(i), Nov. 4, 1992, 106 Stat. 5005, related

to application approval.

Section 5667b, Pub. L. 93-415, title II, Sec. 283, as added Pub.

L. 102-586, Sec. 2(i), Nov. 4, 1992, 106 Stat. 5006, defined

"juvenile".

Section 5667c, Pub. L. 93-415, title II, Sec. 285, as added Pub.

L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5006, related

to establishment of program of State challenge activities.

Section 5667d, Pub. L. 93-415, title II, Sec. 287, as added Pub.

L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5008, defined

"juvenile".

Section 5667d-1, Pub. L. 93-415, title II, Sec. 287A, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5008,

related to grant authority.

Section 5667d-2, Pub. L. 93-415, title II, Sec. 287B, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5009,

related to administrative requirements.

Section 5667d-3, Pub. L. 93-415, title II, Sec. 287C, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5009,

established priority for grants.

Section 5667e, Pub. L. 93-415, title II, Sec. 288, as added Pub.

L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5009, related

to purposes of mentoring programs.

Section 5667e-1, Pub. L. 93-415, title II, Sec. 288A, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5009,

defined "at-risk youth" and "mentor".

Section 5667e-2, Pub. L. 93-415, title II, Sec. 288B, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5010,

related to grants for local educational agencies for mentoring

programs.

Section 5667e-3, Pub. L. 93-415, title II, Sec. 288C, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5010;

amended Pub. L. 103-322, title XV, Sec. 150006, Sept. 13, 1994, 108

Stat. 2035, related to regulations and guidelines.

Section 5667e-4, Pub. L. 93-415, title II, Sec. 288D, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5010,

related to permitted and prohibited uses of grants.

Section 5667e-5, Pub. L. 93-415, title II, Sec. 288E, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5011;

amended Pub. L. 103-382, title III, Sec. 391(t), Oct. 20, 1994, 108

Stat. 4025, related to priority for awarding grants.

Section 5667e-6, Pub. L. 93-415, title II, Sec. 288F, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5011,

related to information and assurances required on application.

Section 5667e-7, Pub. L. 93-415, title II, Sec. 288G, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5012,

provided that grants would be made for 3-year periods.

Section 5667e-8, Pub. L. 93-415, title II, Sec. 288H, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5012,

related to reports.

Section 5667f, Pub. L. 93-415, title II, Sec. 289, as added Pub.

L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5012, related

to grants for establishment of boot camps.

Section 5667f-1, Pub. L. 93-415, title II, Sec. 289A, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5012,

limited size of boot camps.

Section 5667f-2, Pub. L. 93-415, title II, Sec. 289B, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5013,

related to eligibility and placement.

Section 5667f-3, Pub. L. 93-415, title II, Sec. 289C, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5013,

related to post-release supervision.

Prior sections 5667g to 5667g-5 were repealed by Pub. L. 107-273,

div. C, title II, Sec. 12210(2), Nov. 2, 2002, 116 Stat. 1880.

Section 5667g, Pub. L. 93-415, title II, Sec. 291, as added Pub.

L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5013,

authorized the President to call and conduct a National White House

Conference on Juvenile Justice.

Section 5667g-1, Pub. L. 93-415, title II, Sec. 291A, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5014,

related to Conference participants.

Section 5667g-2, Pub. L. 93-415, title II, Sec. 291B, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5015,

related to appointment and compensation of directors and detailees.

Section 5667g-3, Pub. L. 93-415, title II, Sec. 291C, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5015,

related to planning and administration of Conference.

Section 5667g-4, Pub. L. 93-415, title II, Sec. 291D, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5015,

related to reports.

Section 5667g-5, Pub. L. 93-415, title II, Sec. 291E, as added

Pub. L. 102-586, Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5015,

related to congressional oversight.

-End-

-CITE-

42 USC Sec. 5668 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part E - Developing, Testing, and Demonstrating Promising New

Initiatives and Programs

-HEAD-

Sec. 5668. Reports

-STATUTE-

Recipients of grants made under this part shall submit to the

Administrator such reports as may be reasonably requested by the

Administrator to describe progress achieved in carrying out the

projects for which such grants are made.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 264, as added Pub. L. 107-273, div.

C, title II, Sec. 12212, Nov. 2, 2002, 116 Stat. 1891.)

-End-

-CITE-

42 USC Part F - General and Administrative Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

PART F - GENERAL AND ADMINISTRATIVE PROVISIONS

-MISC1-

PRIOR PROVISIONS

A prior part F, consisting of sections 5667d to 5667d-3, related

to treatment for juvenile offenders who are victims of child abuse

or neglect, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior part G, consisting of sections 5667e to 5667e-8, related

to mentoring, prior to repeal by Pub. L. 107-273, div. C, title II,

Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior part H, consisting of sections 5667f to 5667f-3, related

to boot camps, prior to repeal by Pub. L. 107-273, div. C, title

II, Sec. 12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior part I, consisting of sections 5667g to 5667g-5,

authorized the president to call a National White House Conference

on Juvenile Justice, prior to repeal by Pub. L. 107-273, div. C,

title II, Sec. 12210(2), Nov. 2, 2002, 116 Stat. 1880.

Part J, consisting of sections 5671 to 5676, was redesignated

part F by Pub. L. 107-273, div. C, title II, Sec. 12210(3), Nov. 2,

2002, 116 Stat. 1880.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title II, Sec. 12210(3), Nov. 2,

2002, 116 Stat. 1880, redesignated part I, which had been

redesignated as J for purposes of codification, as F.

1992 - Pub. L. 102-586, Sec. 2(i)(1)(A), Nov. 4, 1992, 106 Stat.

5006, redesignated part E as I, which was redesignated as J for

purposes of codification.

1988 - Pub. L. 100-690, title VII, Sec. 7266(1), Nov. 18, 1988,

102 Stat. 4449, redesignated part D as E and substituted "General

and Administrative Provisions" for "Administrative Provisions".

-End-

-CITE-

42 USC Sec. 5671 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5671. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations for this subchapter (excluding

parts C and E)

(1) There are authorized to be appropriated to carry out this

subchapter such sums as may be appropriate for fiscal years 2003,

2004, 2005, 2006, and 2007.

(2) Of such sums as are appropriated for a fiscal year to carry

out this subchapter (other than parts C and E) -

(A) not more than 5 percent shall be available to carry out

part A of this subchapter;

(B) not less than 80 percent shall be available to carry out

part B of this subchapter; and

(C) not more than 15 percent shall be available to carry out

part D of this subchapter.

(b) Authorization of appropriations for part C

There are authorized to be appropriated to carry out part C of

this subchapter such sums as may be necessary for fiscal years

2003, 2004, 2005, 2006, and 2007.

(c) Authorization of appropriations for part E

There are authorized to be appropriated to carry out part E of

this subchapter, and authorized to remain available until expended,

such sums as may be necessary for fiscal years 2003, 2004, 2005,

2006, and 2007.

(d) Experimentation on individuals; prohibition; "behavior control"

defined

No funds appropriated to carry out the purposes of this

subchapter may be used for any bio-medical or behavior control

experimentation on individuals or any research involving such

experimentation. For the purpose of this subsection, the term

"behavior control" refers to experimentation or research employing

methods which involve a substantial risk of physical or

psychological harm to the individual subject and which are intended

to modify or alter criminal and other anti-social behavior,

including aversive conditioning therapy, drug therapy or

chemotherapy (except as part of routine clinical care), physical

therapy of mental disorders, electroconvulsive therapy, or physical

punishment. The term does not apply to a limited class of programs

generally recognized as involving no such risk, including methadone

maintenance and certain alcohol treatment programs, psychological

counseling, parent training, behavior contracting, survival skills

training, restitution, or community service, if safeguards are

established for the informed consent of subjects (including parents

or guardians of minors).

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299, formerly Sec. 261, Sept. 7,

1974, 88 Stat. 1129; Pub. L. 94-273, Sec. 32(b), Apr. 21, 1976, 90

Stat. 380; Pub. L. 94-503, title I, Sec. 130(a), Oct. 15, 1976, 90

Stat. 2425; Pub. L. 95-115, Sec. 6(b), Oct. 3, 1977, 91 Stat. 1058;

Pub. L. 96-509, Secs. 2(a), 15, Dec. 8, 1980, 94 Stat. 2750, 2760;

Pub. L. 98-473, title II, Sec. 640, Oct. 12, 1984, 98 Stat. 2121;

renumbered Sec. 291 and amended Pub. L. 100-690, title VII, Secs.

7265, 7266(3), Nov. 18, 1988, 102 Stat. 4448, 4449; Pub. L.

101-204, title X, Secs. 1001(e)(1), 1002, Dec. 7, 1989, 103 Stat.

1827; renumbered Sec. 299 and amended Pub. L. 102-586, Sec.

2(i)(1)(B), (j), Nov. 4, 1992, 106 Stat. 5006, 5016; Pub. L.

107-273, div. C, title II, Sec. 12213, Nov. 2, 2002, 116 Stat.

1891.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (c). Pub. L. 107-273, Sec. 12213(2), added

subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which

related, respectively, to amounts and availability of

appropriations for fiscal years 1993 to 1996, percentages available

for specific programs, and administrative and supervisory board

membership requirements for State agencies.

Subsec. (e). Pub. L. 107-273, Sec. 12213(1), struck out subsec.

(e) which read as follows: "Of such sums as are appropriated to

carry out section 5665(a)(6) of this title, not less than 20

percent shall be reserved by the Administrator for each of fiscal

years 1993, 1994, 1995, and 1996, for not less than 2 programs that

have not received funds under subpart II of part C of this

subchapter prior to October 1, 1992, which shall be selected

through the application and approval process set forth in section

5665a of this title."

1992 - Subsec. (a). Pub. L. 102-586, Sec. 2(j)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows:

"(1) To carry out the purposes of this subchapter (other than

part D) there are authorized to be appropriated such sums as may be

necessary for fiscal years 1989, 1990, 1991, and 1992. Funds

appropriated for any fiscal year may remain available for

obligation until expended.

"(2)(A) Subject to subparagraph (B), to carry out part D of this

subchapter, there are authorized to be appropriated $15,000,000 for

fiscal year 1989 and such sums as may be necessary for each of the

fiscal years 1990, 1991, and 1992.

"(B) No funds may be appropriated to carry out part D of this

subchapter for a fiscal year unless the aggregate amount

appropriated to carry out this subchapter (other than part D) for

such fiscal year is not less than the aggregate amount appropriated

to carry out this subchapter (other than part D) for the preceding

fiscal year."

Subsec. (e). Pub. L. 102-586, Sec. 2(j)(2), added subsec. (e).

1989 - Subsec. (a). Pub. L. 101-204, Sec. 1001(e)(1), amended

directory language of Pub. L. 100-690, Sec. 7265(a)(4), see 1988

Amendment note below.

Subsec. (a)(1). Pub. L. 101-204, Sec. 1002, substituted "are

authorized" for "is authorized".

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7265(a), as amended by

Pub. L. 101-204, Sec. 1001(e)(1), designated existing provisions as

par. (1), inserted "(other than part D)" after "this subchapter",

struck out "1985, 1986, 1987, and 1988" after "fiscal years",

inserted "1989, 1990, 1991, and 1992", and added par. (2).

Subsec. (b). Pub. L. 100-690, Sec. 7265(b), inserted "(other than

part D)" after "this subchapter" in introductory provisions and

substituted "5 percent" for "7.5 percent" in par. (1), "70 percent"

for "81.5 percent" in par. (2), and "25 percent" for "11 percent"

in par. (3).

1984 - Subsec. (a). Pub. L. 98-473, amended subsec. (a)

generally, substituting provisions relating to authorization of

appropriations for fiscal years 1985 to 1988 for former provisions

which authorized appropriations for fiscal years 1981 to 1984.

Subsec. (b). Pub. L. 98-473, amended subsec. (b) generally,

substituting provisions which set forth specific percentages of

appropriations for parts A, B and C for former provisions which

also set forth appropriation percentages for juvenile delinquency

programs.

Subsec. (c). Pub. L. 98-473, amended subsec. (c) generally. Prior

to amendment, subsec. (c) read as follows: "Notwithstanding any

other provision of law, if the Administrator determines, in his

discretion, that sufficient funds have not been appropriated for

any fiscal year for the activities authorized in part D of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 [42

U.S.C. 3741 et seq.], then the Administrator is authorized to -

"(1) approve any appropriate State agency designated by the

Governor of the State involved as the sole agency responsible for

supervising the preparation and administration of the State plan

submitted under section 5633 of this title; and

"(2) establish appropriate administrative and supervisory board

membership requirements for any agency designated in accordance

with paragraph (1), and permit the State advisory group appointed

under section 5633(a)(2) of this title to operate as the

supervisory board for such agency, at the discretion of the

Governor."

Subsec. (d). Pub. L. 98-473, in amending section generally, added

subsec. (d).

1980 - Subsec. (a). Pub. L. 96-509, Sec. 2(a), substituted

provisions authorizing appropriations of $200,000,000 for each of

fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983,

and Sept. 30, 1984, for provisions that had authorized

appropriations of $150,000,000 for fiscal year ending Sept. 30,

1978, $175,000,000 for fiscal year ending Sept. 30, 1979, and

$200,000,000 for fiscal year ending Sept. 30, 1980.

Subsec. (c). Pub. L. 96-509, Sec. 15, added subsec. (c).

1977 - Subsec. (a). Pub. L. 95-115 substituted provisions setting

forth authorization of appropriations for fiscal year ending Sept.

30, 1978, through fiscal year ending Sept. 30, 1980, and

authorization of availability of funds until expended, for

provisions setting forth authorization of appropriations for fiscal

year ending June 30, 1975, through fiscal year ending Sept. 30,

1977.

1976 - Subsec. (a). Pub. L. 94-273 substituted "September 30,

1977" for "June 30, 1977".

Subsec. (b). Pub. L. 94-503 substituted "subsection (a) of this

section" for "this section" and "the appropriation for the Law

Enforcement Assistance Administration, each fiscal year, at least

19.15 percent of the total appropriations for the Administration,

for juvenile delinquency programs" for "other Law Enforcement

Assistance Administration appropriations other than the

appropriations for administration, at least the same level of

financial assistance for juvenile delinquency programs assisted by

the Law Enforcement Assistance Administration during fiscal year

1972".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796ee-10, 5633 of this

title.

-End-

-CITE-

42 USC Sec. 5672 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5672. Administrative authority

-STATUTE-

(a) Authority of Administrator

The Office shall be administered by the Administrator under the

general authority of the Attorney General.

(b) Certain crime control provisions applicable

Sections 3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a),

3789g(b), and 3789g(d) of this title, shall apply with respect to

the administration of and compliance with this chapter, except that

for purposes of this chapter -

(1) any reference to the Office of Justice Programs in such

sections shall be deemed to be a reference to the Assistant

Attorney General who heads the Office of Justice Programs; and

(2) the term "this chapter" as it appears in such sections

shall be deemed to be a reference to this chapter.

(c) Certain other crime control provisions applicable

Sections 3782(a), 3782(c), and 3787 of this title shall apply

with respect to the administration of and compliance with this

chapter, except that for purposes of this chapter -

(1) any reference to the Attorney General, the Assistant

Attorney General who heads the Office of Justice Programs, the

Director of the National Institute of Justice, the Director of

the Bureau of Justice Statistics, or the Director of the Bureau

of Justice Assistance shall be deemed to be a reference to the

Administrator;

(2) any reference to the Office of Justice Programs, the Bureau

of Justice Assistance, the National Institute of Justice, or the

Bureau of Justice Statistics shall be deemed to be a reference to

the Office of Juvenile Justice and Delinquency Prevention; and

(3) the term "this chapter" as it appears in such sections

shall be deemed to be a reference to this chapter.

(d) Rules, regulations, and procedures

The Administrator is authorized, after appropriate consultation

with representatives of States and units of local government, to

establish such rules, regulations, and procedures as are necessary

for the exercise of the functions of the Office and only to the

extent necessary to ensure that there is compliance with the

specific requirements of this subchapter or to respond to requests

for clarification and guidance relating to such compliance.

(e) Presumption of State compliance

If a State requires by law compliance with the requirements

described in paragraphs (11), (12), and (13) of section 5633(a) of

this title, then for the period such law is in effect in such State

such State shall be rebuttably presumed to satisfy such

requirements.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299A, formerly Sec. 262, Sept. 7,

1974, 88 Stat. 1129; Pub. L. 95-115, Sec. 6(c), Oct. 3, 1977, 91

Stat. 1058; Pub. L. 96-509, Sec. 16, Dec. 8, 1980, 94 Stat. 2761;

Pub. L. 98-473, title II, Sec. 641, Oct. 12, 1984, 98 Stat. 2122;

renumbered Sec. 292, Pub. L. 100-690, title VII, Sec. 7266(3), Nov.

18, 1988, 102 Stat. 4449; renumbered Sec. 299A, Pub. L. 102-586,

Sec. 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; Pub. L. 107-273,

div. C, title II, Sec. 12214, Nov. 2, 2002, 116 Stat. 1892.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (c), was in the

original "this Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1109, as amended, which enacted this chapter, sections 3772

to 3774 and 3821 of this title, and sections 4351 to 4353 and 5038

to 5042 of Title 18, Crimes and Criminal Procedure, amended

sections 3701, 3723, 3733, 3768, 3811 to 3814, 3882, and 3883 to

3888 of this title, section 5108 of Title 5, Government

Organization and Employees, and sections 5031 to 5037 of Title 18,

and repealed section 3889 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5601 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273, Sec. 12214(1), substituted

"only to the extent necessary to ensure that there is compliance

with the specific requirements of this subchapter or to respond to

requests for clarification and guidance relating to such

compliance" for "as are consistent with the purpose of this

chapter".

Subsec. (e). Pub. L. 107-273, Sec. 12214(2), added subsec. (e).

1984 - Subsec. (a). Pub. L. 98-473, in amending subsec. (a)

generally, substituted provisions setting forth the administrative

authority of the Office for former provisions which incorporated

other administrative provisions into this chapter as well as

construing certain references as authorizing the Administrator of

the Office of Juvenile Justice and Delinquency Prevention to

perform the same actions as other officials.

Subsec. (b). Pub. L. 98-473, in amending subsec. (b) generally,

substituted provisions relating to the applicability of other

provisions to this chapter as well as defining certain references

therein for former provisions which directed the Office of Justice

Assistance, Research and Statistics to provide staff support and

coordinate the activities of the Office of Juvenile Justice and

Delinquency Prevention.

Subsecs. (c), (d). Pub. L. 98-473, in amending section generally,

added subsecs. (c) and (d).

1980 - Pub. L. 96-509 brought relevant applicable administrative

provisions of the Omnibus Crime Control and Safe Streets Act of

1968 into conformance subsequent to the Justice System Improvement

Amendments of 1979 and provided that the Office of Justice

Assistance, Research, and Statistics provide staff support to, and

coordinate the activities of the Office in the same manner as it

does for the Law Enforcement Assistance Administration, National

Institute of Justice, and Bureau of Justice Statistics pursuant to

3781(b) of this title.

1977 - Pub. L. 95-115 substituted provisions setting forth

applicability of specified statutory requirements, for provisions

setting forth prohibitions against discrimination and required

terms in grants, contracts, and agreements and enforcement

procedures thereof.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by section 6(d)(2) of Pub. L.

95-115, set out as a note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5673 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5673. Withholding

-STATUTE-

Whenever the Administrator, after giving reasonable notice and

opportunity for hearing to a recipient of financial assistance

under this subchapter, finds that -

(1) the program or activity for which the grant or contract

involved was made has been so changed that it no longer complies

with this subchapter; or

(2) in the operation of such program or activity there is

failure to comply substantially with any provision of this

subchapter;

the Administrator shall initiate such proceedings as are

appropriate.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299B, formerly Sec. 293, as added

Pub. L. 100-690, title VII, Sec. 7266(4), Nov. 18, 1988, 102 Stat.

4449; renumbered Sec. 299B, Pub. L. 102-586, Sec. 2(i)(1)(B), Nov.

4, 1992, 106 Stat. 5006.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13002, 13003, 13013,

13023 of this title.

-End-

-CITE-

42 USC Sec. 5674 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5674. Use of funds

-STATUTE-

(a) In general

Funds paid pursuant to this subchapter to any public or private

agency, organization, or institution, or to any individual (either

directly or through a State planning agency) may be used for -

(1) planning, developing, or operating the program designed to

carry out this subchapter; and

(2) not more than 50 per centum of the cost of the construction

of any innovative community-based facility for fewer than 20

persons which, in the judgment of the Administrator, is necessary

to carry out this subchapter.

(b) Prohibition against use of funds in construction

Except as provided in subsection (a) of this section, no funds

paid to any public or private agency, or institution or to any

individual under this subchapter (either directly or through a

State agency or local agency) may be used for construction.

(c) Funds paid to residential programs

No funds may be paid under this subchapter to a residential

program (excluding a program in a private residence) unless -

(1) there is in effect in the State in which such placement or

care is provided, a requirement that the provider of such

placement or such care may be licensed only after satisfying, at

a minimum, explicit standards of discipline that prohibit

neglect, and physical and mental abuse, as defined by State law;

(2) such provider is licensed as described in paragraph (1) by

the State in which such placement or care is provided; and

(3) in a case involving a provider located in a State that is

different from the State where the order for placement

originates, the chief administrative officer of the public agency

or the officer of the court placing the juvenile certifies that

such provider -

(A) satisfies the originating State's explicit licensing

standards of discipline that prohibit neglect, physical and

mental abuse, and standards for education and health care as

defined by that State's law; and

(B) otherwise complies with the Interstate Compact on the

Placement of Children as entered into by such other State.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299C, formerly Sec. 294, as added

Pub. L. 100-690, title VII, Sec. 7266(4), Nov. 18, 1988, 102 Stat.

4449; renumbered Sec. 299C, Pub. L. 102-586, Sec. 2(i)(1)(B), Nov.

4, 1992, 106 Stat. 5006; Pub. L. 107-273, div. C, title II, Sec.

12215, Nov. 2, 2002, 116 Stat. 1892.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"(1) Funds paid pursuant to section 5633(a)(10)(D) of this title

and section 5665(a)(3) of this title to any public or private

agency, organization, or institution or to any individual shall not

be used to pay for any personal service, advertisement, telegram,

telephone communication, letter, printed or written matter, or

other device intended or designed to influence a Member of Congress

or any other Federal, State, or local elected official to favor or

oppose any Acts, bills, resolutions, or similar legislation, or any

referendum, initiative, constitutional amendment, or any similar

procedure of the Congress, any State legislature, any local

council, or any similar governing body, except that this paragraph

shall not preclude such funds from being used in connection with

communications to Federal, State, or local elected officials, upon

the request of such officials through proper official channels,

pertaining to authorization, appropriation, or oversight measures

directly affecting the operation of the program involved.

"(2) The Administrator shall take such action as may be necessary

to ensure that no funds paid under section 5633(a)(10)(D) of this

title or section 5665(a)(3) of this title are used either directly

or indirectly in any manner prohibited in this paragraph."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5675 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5675. Payments

-STATUTE-

(a) In general

Payments under this subchapter, pursuant to a grant or contract,

may be made (after necessary adjustment, in the case of grants, on

account of previously made overpayments or underpayments) in

advance or by way of reimbursement, in such installments and on

such conditions as the Administrator may determine.

(b) Percentage of approved costs

Except as provided in the second sentence of section 5632(c) of

this title, financial assistance extended under this subchapter

shall be 100 per centum of the approved costs of the program or

activity involved.

(c) Increase of grants to Indian tribes; waiver of liability

(1) In the case of a grant under this subchapter to an Indian

tribe, if the Administrator determines that the tribe does not have

sufficient funds available to meet the local share of the cost of

any program or activity to be funded under the grant, the

Administrator may increase the Federal share of the cost thereof to

the extent the Administrator deems necessary.

(2) If a State does not have an adequate forum to enforce grant

provisions imposing any liability on Indian tribes, the

Administrator may waive State liability attributable to the

liability of such tribes and may pursue such legal remedies as are

necessary.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299D, formerly Sec. 295, as added

Pub. L. 100-690, title VII, Sec. 7266(4), Nov. 18, 1988, 102 Stat.

4450; renumbered Sec. 299D, Pub. L. 102-586, Sec. 2(i)(1)(B), Nov.

4, 1992, 106 Stat. 5006; amended Pub. L. 107-273, div. C, title II,

Sec. 12221(a)(3), Nov. 2, 2002, 116 Stat. 1894.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273 struck out subsec. (d) which

read as follows: "If the Administrator determines, on the basis of

information available to the Administrator during any fiscal year,

that a portion of the funds granted to an applicant under part C of

this subchapter for such fiscal year will not be required by the

applicant or will become available by virtue of the application of

the provisions of section 3783 of this title, as amended from time

to time, that portion shall be available for reallocation in an

equitable manner to States which comply with the requirements in

paragraphs (12)(A) and (13) of section 5633(a) of this title, under

section 5665(b)(6) of this title."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5676 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5676. Confidentiality of program records

-STATUTE-

Except as authorized by law, program records containing the

identity of individual juveniles gathered for purposes pursuant to

this subchapter may not be disclosed without the consent of the

service recipient or legally authorized representative, or as may

be necessary to carry out this subchapter. Under no circumstances

may program reports or findings available for public dissemination

contain the actual names of individual service recipients.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299E, formerly Sec. 296, as added

Pub. L. 100-690, title VII, Sec. 7266(4), Nov. 18, 1988, 102 Stat.

4450; renumbered Sec. 299E, Pub. L. 102-586, Sec. 2(i)(1)(B), Nov.

4, 1992, 106 Stat. 5006.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13002, 13003, 13013,

13023 of this title.

-End-

-CITE-

42 USC Sec. 5677 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5677. Limitations on use of funds

-STATUTE-

None of the funds made available to carry out this subchapter may

be used to advocate for, or support, the unsecured release of

juveniles who are charged with a violent crime.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299F, as added Pub. L. 107-273,

div. C, title II, Sec. 12216, Nov. 2, 2002, 116 Stat. 1893.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 2, 2002, and applicable only with respect

to fiscal years beginning after Sept. 30, 2002, see section 12223

of Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5678 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5678. Rules of construction

-STATUTE-

Nothing in this subchapter or subchapter I of this chapter shall

be construed -

(1) to prevent financial assistance from being awarded through

grants under this subchapter to any otherwise eligible

organization; or

(2) to modify or affect any Federal or State law relating to

collective bargaining rights of employees.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299G, as added Pub. L. 107-273,

div. C, title II, Sec. 12217, Nov. 2, 2002, 116 Stat. 1893.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 2, 2002, and applicable only with respect

to fiscal years beginning after Sept. 30, 2002, see section 12223

of Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5679 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5679. Leasing surplus Federal property

-STATUTE-

The Administrator may receive surplus Federal property (including

facilities) and may lease such property to States and units of

general local government for use in or as facilities for juvenile

offenders, or for use in or as facilities for delinquency

prevention and treatment activities.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299H, as added Pub. L. 107-273,

div. C, title II, Sec. 12218, Nov. 2, 2002, 116 Stat. 1893.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 2, 2002, and applicable only with respect

to fiscal years beginning after Sept. 30, 2002, see section 12223

of Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5680 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5680. Issuance of rules

-STATUTE-

The Administrator shall issue rules to carry out this subchapter,

including rules that establish procedures and methods for making

grants and contracts, and distributing funds available, to carry

out this subchapter.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299I, as added Pub. L. 107-273,

div. C, title II, Sec. 12219, Nov. 2, 2002, 116 Stat. 1893.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 2, 2002, and applicable only with respect

to fiscal years beginning after Sept. 30, 2002, see section 12223

of Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5681 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER II - PROGRAMS AND OFFICES

Part F - General and Administrative Provisions

-HEAD-

Sec. 5681. Content of materials

-STATUTE-

Materials produced, procured, or distributed both using funds

appropriated to carry out this chapter and for the purpose of

preventing hate crimes that result in acts of physical violence,

shall not recommend or require any action that abridges or

infringes upon the constitutionally protected rights of free

speech, religion, or equal protection of juveniles or of their

parents or legal guardians.

-SOURCE-

(Pub. L. 93-415, title II, Sec. 299J, as added Pub. L. 107-273,

div. C, title II, Sec. 12220, Nov. 2, 2002, 116 Stat. 1893.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 2, 2002, and applicable only with respect

to fiscal years beginning after Sept. 30, 2002, see section 12223

of Pub. L. 107-273, set out as an Effective Date of 2002 Amendment

note under section 5601 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

-HEAD-

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 11432 of this title;

title 31 section 6703.

-End-

-CITE-

42 USC Sec. 5701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

-HEAD-

Sec. 5701. Congressional statement of findings

-STATUTE-

The Congress hereby finds that -

(1) juveniles who have become homeless or who leave and remain

away from home without parental permission, are at risk of

developing serious health and other problems because they lack

sufficient resources to obtain care and may live on the street

for extended periods thereby endangering themselves and creating

a substantial law enforcement problem for communities in which

they congregate;

(2) the exact nature of the problem is not well defined because

national statistics on the size and profile of the runaway youth

population are not tabulated;

(3) many such young people, because of their age and situation,

are urgently in need of temporary shelter and counseling

services;

(4) the problem of locating, detaining, and returning runaway

children should not be the responsibility of already overburdened

police departments and juvenile justice authorities;

(5) in view of the interstate nature of the problem, it is the

responsibility of the Federal Government to develop an accurate

national reporting system to report the problem, and to assist in

the development of an effective system of care (including

preventive services, emergency shelter services, and extended

residential shelter) outside the welfare system and the law

enforcement system;

(6) runaway and homeless youth have a disproportionate share of

health, behavioral, and emotional problems compared to the

general population of youth, but have less access to health care

and other appropriate services and therefore may need access to

longer periods of residential care, more intensive aftercare

service, and other assistance;

(7) to make a successful transition to adulthood, runaway

youth, homeless youth, and other street youth need opportunities

to complete high school or earn a general equivalency degree,

learn job skills, and obtain employment;

(8) services for runaway and homeless youth are needed in

urban, suburban, and rural areas;

(9) early intervention services (such as home-based services)

are needed to prevent runaway and homeless youth from becoming

involved in the juvenile justice system and other law enforcement

systems; and

(10) street-based services that target runaway and homeless

youth where they congregate are needed to reach youth who require

assistance but who would not otherwise avail themselves of such

assistance or services without street-based outreach.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 302, Sept. 7, 1974, 88 Stat. 1129;

Pub. L. 102-586, Sec. 3(a), Nov. 4, 1992, 106 Stat. 5017; Pub. L.

106-71, Sec. 3(a), Oct. 12, 1999, 113 Stat. 1035.)

-MISC1-

AMENDMENTS

1999 - Par. (5). Pub. L. 106-71, Sec. 3(a)(1), substituted "an

accurate national reporting system to report the problem, and to

assist in the development of" for "accurate reporting of the

problem nationally and to develop".

Par. (8). Pub. L. 106-71, Sec. 3(a)(2), added par. (8) and struck

out former par. (8) which read as follows: "in view of the

interstate nature of the problem, it is the responsibility of the

Federal Government to develop an accurate national reporting system

and to develop an effective system of care including prevention,

emergency shelter services, and longer residential care outside the

public welfare and law enforcement structures;".

1992 - Par. (1). Pub. L. 102-586, Sec. 3(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "the

number of juveniles who leave and remain away from home without

parental permission has increased to alarming proportions, creating

a substantial law enforcement problem for the communities

inundated, and significantly endangering the young people who are

without resources and live on the street;".

Par. (5). Pub. L. 102-586, Sec. 3(a)(3), substituted "care

(including preventive services, emergency shelter services, and

extended residential shelter) outside the welfare system and the

law enforcement system;" for "temporary care outside the law

enforcement structure."

Pars. (6) to (10). Pub. L. 102-586, Sec. 3(a)(2), (4), added

pars. (6) to (10).

SHORT TITLE

For short title of title III of Pub. L. 93-415, which enacted

this subchapter, as the "Runaway and Homeless Youth Act", see

section 301 of Pub. L. 93-415, as amended, set out as a note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

-HEAD-

Sec. 5702. Promulgation of rules

-STATUTE-

The Secretary of Health and Human Services (hereinafter in this

subchapter referred to as the "Secretary") may issue such rules as

the Secretary considers necessary or appropriate to carry out the

purposes of this subchapter.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 303, Sept. 7, 1974, 88 Stat. 1130;

Pub. L. 98-473, title II, Sec. 650, Oct. 12, 1984, 98 Stat. 2122.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 substituted "Health and Human Services" for

"Health, Education, and Welfare" and "issue such rules as the

Secretary" for "prescribe such rules as he".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

-End-

-CITE-

42 USC Part A - Runaway and Homeless Youth Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

PART A - RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, title VII, Sec. 7272(1), Nov. 18, 1988,

102 Stat. 4454, substituted in part A heading "Runaway and Homeless

Youth Grant Program" for "Grants Program".

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5714-24, 5715, 5731a, 5732,

5751 of this title.

-End-

-CITE-

42 USC Sec. 5711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Sec. 5711. Authority to make grants

-STATUTE-

(a) Grants for centers and services

(1) In general

The Secretary shall make grants to public and nonprofit private

entities (and combinations of such entities) to establish and

operate (including renovation) local centers to provide services

for runaway and homeless youth and for the families of such

youth.

(2) Services provided

Services provided under paragraph (1) -

(A) shall be provided as an alternative to involving runaway

and homeless youth in the law enforcement, child welfare,

mental health, and juvenile justice systems;

(B) shall include -

(i) safe and appropriate shelter; and

(ii) individual, family, and group counseling, as

appropriate; and

(C) may include -

(i) street-based services;

(ii) home-based services for families with youth at risk of

separation from the family; and

(iii) drug abuse education and prevention services.

(b) Allotment of funds for grants; priority given to certain

private entities

(1) Subject to paragraph (2) and in accordance with regulations

promulgated under this subchapter, funds for grants under

subsection (a) of this section shall be allotted annually with

respect to the States on the basis of their relative population of

individuals who are less than 18 years of age.

(2) Subject to paragraph (3), the amount allotted under paragraph

(1) with respect to each State for a fiscal year shall be not less

than $100,000, except that the amount allotted to the Virgin

Islands of the United States, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands shall be not less than

$45,000 each.

(3) If, as a result of paragraph (2), the amount allotted under

paragraph (1) with respect to a State for a fiscal year would be

less than the aggregate amount of grants made under this part to

recipients in such State for fiscal year 1992, then the amounts

allotted to satisfy the requirements of such paragraph shall be

reduced pro rata to the extent necessary to allot under paragraph

(1) with respect to such State for the fiscal year an amount equal

to the aggregate amount of grants made under this part to

recipients in such State for fiscal year 1992.

(4) In selecting among applicants for grants under subsection (a)

of this section, the Secretary shall give priority to private

entities that have experience in providing the services described

in such subsection.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 311, Sept. 7, 1974, 88 Stat. 1130;

Pub. L. 95-115, Sec. 7(a)(1), Oct. 3, 1977, 91 Stat. 1058; Pub. L.

96-509, Sec. 18(c), Dec. 8, 1980, 94 Stat. 2762; Pub. L. 98-473,

title II, Sec. 651, Oct. 12, 1984, 98 Stat. 2123; Pub. L. 100-690,

title VII, Sec. 7271(a), (b), Nov. 18, 1988, 102 Stat. 4452; Pub.

L. 102-586, Sec. 3(b), Nov. 4, 1992, 106 Stat. 5018; Pub. L.

106-71, Sec. 3(b), Oct. 12, 1999, 113 Stat. 1035.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-71, Sec. 3(b)(1), added heading

and text of subsec. (a) and struck out former subsec. (a) which

read as follows: "The Secretary shall make grants to public and

private entities (and combinations of such entities) to establish

and operate (including renovation) local runaway and homeless youth

centers to provide services to deal primarily with the immediate

needs of runaway or otherwise homeless youth, and their families,

in a manner which is outside the law enforcement system, the child

welfare system, the mental health system, and the juvenile justice

system."

Subsec. (b)(2). Pub. L. 106-71, Sec. 3(b)(2), struck out "the

Trust Territory of the Pacific Islands," after "American Samoa,".

Subsecs. (c), (d). Pub. L. 106-71, Sec. 3(b)(3), struck out

subsecs. (c) and (d) which related to street-based services and

home-based services, respectively.

1992 - Subsec. (a). Pub. L. 102-586, Sec. 3(b)(1), substituted

"system, the child welfare system, the mental health system, and"

for "structure and".

Subsec. (b)(2). Pub. L. 102-586, Sec. 3(b)(2)(A), substituted

"$100,000" for "$75,000" and "$45,000" for "$30,000".

Subsec. (b)(3). Pub. L. 102-586, Sec. 3(b)(2)(B), substituted

"1992" for "1988" in two places.

Subsecs. (c), (d). Pub. L. 102-586, Sec. 3(b)(3), added subsecs.

(c) and (d) and struck out former subsec. (c) which read as

follows: "The Secretary is authorized to provide on-the-job

training to local runaway and homeless youth center personnel and

coordinated networks of local law enforcement, social service, and

welfare personnel to assist such personnel in recognizing and

providing for learning disabled and other handicapped juveniles."

1988 - Pub. L. 100-690, Sec. 7271(a), substituted "Authority to

make grants" for "Grants and technical assistance" in section

catchline.

Subsec. (a). Pub. L. 100-690, Sec. 7271(b), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary is authorized to make grants and to provide technical

assistance and short-term training to States, localities and

private entities and coordinated networks of such entities in

accordance with the provisions of this part and assistance to their

families. Grants under this part shall be made equitably among the

States based upon their respective populations of youth under 18

years of age for the purpose of developing local facilities to deal

primarily with the immediate needs of runaway youth or otherwise

homeless youth, and their families, in a manner which is outside

the law enforcement structure and juvenile justice system. The size

of such grant shall be determined by the number of such youth in

the community and the existing availability of services. Grants

also may be made for the provision of a national communications

system for the purpose of assisting runaway and homeless youth in

communicating with their families and with service providers. Among

applicants priority shall be given to private organizations or

institutions which have had past experience in dealing with such

youth."

Subsec. (b). Pub. L. 100-690, Sec. 7271(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

Secretary is authorized to provide supplemental grants to runaway

centers which are developing, in cooperation with local juvenile

court and social service agency personnel, model programs designed

to provide assistance to juveniles who have repeatedly left and

remained away from their homes or from any facilities in which they

have been placed as the result of an adjudication and to the

families of such juveniles."

1984 - Subsec. (a). Pub. L. 98-473, Sec. 651(a), in first

sentence, substituted "private entities and coordinated networks of

such entities" for "nonprofit private agencies and coordinated

networks of such agencies" and inserted "and assistance to their

families".

Subsec. (b). Pub. L. 98-473, Sec. 651(b), inserted "and to the

families of such juveniles".

1980 - Subsec. (a). Pub. L. 96-509, Sec. 18(c)(1)-(4), designated

existing provision as subsec. (a), inserted "equitably among the

States based upon their respective populations of youth under 18

years of age" after "shall be made", ", and their families," after

"homeless youth", and provision that grants also be made for the

provision of a national communications system to assist runaway and

homeless youth in communicating with their families and with

service providers.

Subsecs. (b), (c). Pub. L. 96-509, Sec. 18(c)(5), added subsecs.

(b) and (c).

1977 - Pub. L. 95-115 substituted "technical assistance and

short-term training to States, localities and nonprofit private

agencies and coordinated networks of such agencies in" for

"technical assistance to localities and nonprofit private agencies

in", "needs of runaway youth or otherwise homeless youth in" for

"needs of runaway youth in", and "such youth" for "runaway youth"

in two places.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5712, 5713 of this title.

-End-

-CITE-

42 USC Sec. 5712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Sec. 5712. Eligibility; plan requirements

-STATUTE-

(a) Runaway and homeless youth center; project providing temporary

shelter; counseling services

To be eligible for assistance under section 5711(a) of this

title, an applicant shall propose to establish, strengthen, or fund

an existing or proposed runaway and homeless youth center, a

locally controlled project (including a host family home) that

provides temporary shelter, and counseling services to juveniles

who have left home without permission of their parents or guardians

or to other homeless juveniles.

(b) Provisions of plan

In order to qualify for assistance under section 5711(a) of this

title, an applicant shall submit a plan to the Secretary including

assurances that the applicant -

(1) shall operate a runaway and homeless youth center located

in an area which is demonstrably frequented by or easily

reachable by runaway and homeless youth;

(2) shall use such assistance to establish, to strengthen, or

to fund a runaway and homeless youth center, or a locally

controlled facility providing temporary shelter, that has -

(A) a maximum capacity of not more than 20 youth; and

(B) a ratio of staff to youth that is sufficient to ensure

adequate supervision and treatment;

(3) shall develop adequate plans for contacting the parents or

other relatives of the youth and ensuring the safe return of the

youth according to the best interests of the youth, for

contacting local government officials pursuant to informal

arrangements established with such officials by the runaway and

homeless youth center and for providing for other appropriate

alternative living arrangements;

(4) shall develop an adequate plan for ensuring -

(A) proper relations with law enforcement personnel, health

and mental health care personnel, social service personnel,

school system personnel, and welfare personnel;

(B) coordination with personnel of the schools to which

runaway and homeless youth will return, to assist such youth to

stay current with the curricula of those schools; and

(C) the return of runaway and homeless youth from

correctional institutions;

(5) shall develop an adequate plan for providing counseling and

aftercare services to such youth, for encouraging the involvement

of their parents or legal guardians in counseling, and for

ensuring, as possible, that aftercare services will be provided

to those youth who are returned beyond the State in which the

runaway and homeless youth center is located;

(6) shall develop an adequate plan for establishing or

coordinating with outreach programs designed to attract persons

(including, where applicable, persons who are members of a

cultural minority and persons with limited ability to speak

English) who are eligible to receive services for which a grant

under subsection (a) of this section may be expended;

(7) shall keep adequate statistical records profiling the youth

and family members whom it serves (including youth who are not

referred to out-of-home shelter services), except that records

maintained on individual runaway and homeless youth shall not be

disclosed without the consent of the individual youth and parent

or legal guardian to anyone other than another agency compiling

statistical records or a government agency involved in the

disposition of criminal charges against an individual runaway and

homeless youth, and reports or other documents based on such

statistical records shall not disclose the identity of individual

runaway and homeless youth;

(8) shall submit annual reports to the Secretary detailing how

the center has been able to meet the goals of its plans and

reporting the statistical summaries required by paragraph (7);

(9) shall demonstrate its ability to operate under accounting

procedures and fiscal control devices as required by the

Secretary;

(10) shall submit a budget estimate with respect to the plan

submitted by such center under this subsection;

(11) shall supply such other information as the Secretary

reasonably deems necessary; and

(12) shall submit to the Secretary an annual report that

includes, with respect to the year for which the report is

submitted -

(A) information regarding the activities carried out under

this part;

(B) the achievements of the project under this part carried

out by the applicant; and

(C) statistical summaries describing -

(i) the number and the characteristics of the runaway and

homeless youth, and youth at risk of family separation, who

participate in the project; and

(ii) the services provided to such youth by the project.

(c) Applicants providing street-based services

To be eligible to use assistance under section 5711(a)(2)(C)(i)

of this title to provide street-based services, the applicant shall

include in the plan required by subsection (b) of this section

assurances that in providing such services the applicant will -

(1) provide qualified supervision of staff, including on-street

supervision by appropriately trained staff;

(2) provide backup personnel for on-street staff;

(3) provide initial and periodic training of staff who provide

such services; and

(4) conduct outreach activities for runaway and homeless youth,

and street youth.

(d) Applicants providing home-based services

To be eligible to use assistance under section 5711(a) of this

title to provide home-based services described in section

5711(a)(2)(C)(ii) of this title, an applicant shall include in the

plan required by subsection (b) of this section assurances that in

providing such services the applicant will -

(1) provide counseling and information to youth and the

families (including unrelated individuals in the family

households) of such youth, including services relating to basic

life skills, interpersonal skill building, educational

advancement, job attainment skills, mental and physical health

care, parenting skills, financial planning, and referral to

sources of other needed services;

(2) provide directly, or through an arrangement made by the

applicant, 24-hour service to respond to family crises (including

immediate access to temporary shelter for runaway and homeless

youth, and youth at risk of separation from the family);

(3) establish, in partnership with the families of runaway and

homeless youth, and youth at risk of separation from the family,

objectives and measures of success to be achieved as a result of

receiving home-based services;

(4) provide initial and periodic training of staff who provide

home-based services; and

(5) ensure that -

(A) caseloads will remain sufficiently low to allow for

intensive (5 to 20 hours per week) involvement with each family

receiving such services; and

(B) staff providing such services will receive qualified

supervision.

(e) Applicants providing drug abuse education and prevention

services

To be eligible to use assistance under section 5711(a)(2)(C)(iii)

of this title to provide drug abuse education and prevention

services, an applicant shall include in the plan required by

subsection (b) of this section -

(1) a description of -

(A) the types of such services that the applicant proposes to

provide;

(B) the objectives of such services; and

(C) the types of information and training to be provided to

individuals providing such services to runaway and homeless

youth; and

(2) an assurance that in providing such services the applicant

shall conduct outreach activities for runaway and homeless youth.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 312, Sept. 7, 1974, 88 Stat. 1130;

Pub. L. 95-115, Sec. 7(a)(2), (3), Oct. 3, 1977, 91 Stat. 1058;

Pub. L. 96-509, Sec. 18(d), Dec. 8, 1980, 94 Stat. 2762; Pub. L.

98-473, title II, Sec. 652, Oct. 12, 1984, 98 Stat. 2123; Pub. L.

100-690, title VII, Sec. 7271(c)(1)-(3), Nov. 18, 1988, 102 Stat.

4453; Pub. L. 102-586, Sec. 3(c), Nov. 4, 1992, 106 Stat. 5019;

Pub. L. 106-71, Sec. 3(c), Oct. 12, 1999, 113 Stat. 1036.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(8). Pub. L. 106-71, Sec. 3(c)(1)(A),

substituted "paragraph (7)" for "paragraph (6)".

Subsec. (b)(12). Pub. L. 106-71, Sec. 3(c)(1)(B)-(D), added par.

(12).

Subsecs. (c) to (e). Pub. L. 106-71, Sec. 3(c)(2), added heading

and text of subsecs. (c) to (e) and struck out former subsecs. (c)

and (d) which related to street-based service projects and

home-based service projects, respectively, but which specified more

detailed lists of services applicants were to provide in order to

qualify for assistance.

1992 - Subsec. (a). Pub. L. 102-586, Sec. 3(c)(1), substituted

"project (including a host family home) that provides" for

"facility providing".

Subsec. (b)(2). Pub. L. 102-586, Sec. 3(c)(2)(A), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "shall

have a maximum capacity of no more than twenty children, with a

ratio of staff to children of sufficient proportion to assure

adequate supervision and treatment;".

Subsec. (b)(3). Pub. L. 102-586, Sec. 3(c)(2)(B), substituted

"parents or other relatives of the youth and ensuring" for "child's

parents or relatives and assuring" and "youth" for "child" after

"the" in two places.

Subsec. (b)(4). Pub. L. 102-586, Sec. 3(c)(2)(C), amended par.

(4) generally. Prior to amendment, par. (4) read as follows: "shall

develop an adequate plan for assuring proper relations with law

enforcement personnel, social service personnel, school system

personnel, and welfare personnel, and the return of runaway and

homeless youth from correctional institutions;".

Subsec. (b)(5). Pub. L. 102-586, Sec. 3(c)(2)(D), substituted

"providing counseling and aftercare services to such youth, for

encouraging the involvement of their parents or legal guardians in

counseling, and for ensuring" for "aftercare counseling involving

runaway and homeless youth and their families within the State in

which the runaway and homeless youth center is located and for

assuring" and "youth" for "children" after "those".

Subsec. (b)(6). Pub. L. 102-586, Sec. 3(c)(2)(G), added par. (6).

Former par. (6) redesignated (7).

Subsec. (b)(7). Pub. L. 102-586, Sec. 2(c)(2)(E), (F),

redesignated par. (6) as (7) and substituted "youth and family

members whom it serves (including youth who are not referred to

out-of-home shelter services)" for "children and family members

which it serves".

Subsec. (b)(8) to (11). Pub. L. 102-586, Sec. 3(c)(2)(F),

redesignated pars. (7) to (10) as (8) to (11), respectively.

Subsecs. (c), (d). Pub. L. 102-586, Sec. 3(c)(2)(H), added

subsecs. (c) and (d).

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7271(c)(1), (2),

substituted "section 5711(a) of this title" for "this part" and

"runaway and homeless youth center" for "runaway center".

Subsec. (b). Pub. L. 100-690, Sec. 7271(c)(1), (3)(A),

substituted "section 5711(a) of this title" for "this part" and

"including assurances that the applicant" for "meeting the

following requirements and including the following information.

Each center" in introductory provisions.

Subsec. (b)(1). Pub. L. 100-690, Sec. 7271(c)(3)(B), substituted

"shall operate a runaway and homeless youth center" for "shall be"

and "runaway and homeless youth" for "runaway youth".

Subsec. (b)(3). Pub. L. 100-690, Sec. 7271(c)(3)(C), substituted

"runaway and homeless youth center" for "runaway center".

Subsec. (b)(4). Pub. L. 100-690, Sec. 7271(c)(3)(D), substituted

"runaway and homeless youth" for "runaway youths".

Subsec. (b)(5). Pub. L. 100-690, Sec. 7271(c)(3)(C), (E),

substituted "runaway and homeless youth" for "runaway youth" and

substituted "runaway and homeless youth center" for "runaway

center" in two places.

Subsec. (b)(6). Pub. L. 100-690, Sec. 7271(c)(3)(D), (E),

substituted "individual runaway and homeless youth" for "individual

runaway youths" in two places and "against an individual runaway

and homeless youth" for "against an individual runaway youth".

1984 - Subsec. (b)(2). Pub. L. 98-473, Sec. 652(1), substituted

"proportion" for "portion".

Subsec. (b)(3). Pub. L. 98-473, Sec. 652(2), struck out "(if such

action is required by State law)" before "and assuring".

Subsec. (b)(4). Pub. L. 98-473, Sec. 652(3), inserted "school

system personnel".

Subsec. (b)(5). Pub. L. 98-473, Sec. 652(4), substituted

"families" for "parents".

Subsec. (b)(6). Pub. L. 98-473, Sec. 652(5), substituted "family

members" for "parents".

1980 - Subsec. (a). Pub. L. 96-509, Sec. 18(d)(1), substituted

"center" for "house" and inserted "or to other homeless juveniles"

after "parents or guardians".

Subsec. (b). Pub. L. 96-509, Sec. 18(d)(2), substituted "center"

for "house" wherever appearing, and in par. (4) inserted reference

to social service personnel and welfare personnel.

1977 - Subsec. (b)(5), (6). Pub. L. 95-115 substituted "aftercare

services" for "aftercase services" in par. (5), and "the consent of

the individual youth and parent or legal guardian" for "parental

consent" in par. (6).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-End-

-CITE-

42 USC Secs. 5712a to 5712c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Secs. 5712a to 5712c. Repealed. Pub. L. 102-586, Sec.

3(g)(2)(A)-(C), Nov. 4, 1992, 106 Stat. 5025

-MISC1-

Section 5712a, Pub. L. 93-415, title III, Sec. 313, as added Pub.

L. 100-690, title VII, Sec. 7275(b), Nov. 18, 1988, 102 Stat. 4457,

related to grants for a national communication system to assist

runaway and homeless youth. See section 5714-11 of this title.

Section 5712b, Pub. L. 93-415, title III, Sec. 314, as added Pub.

L. 100-690, title VII, Sec. 7276, Nov. 18, 1988, 102 Stat. 4457,

related to grants for technical assistance and training to public

and private entities for establishment and operation of runaway and

homeless youth centers.

Section 5712c, Pub. L. 93-415, title III, Sec. 315, as added Pub.

L. 100-690, title VII, Sec. 7277, Nov. 18, 1988, 102 Stat. 4457,

related to authority of the Secretary to make grants for research,

demonstration, and service projects.

-End-

-CITE-

42 USC Sec. 5712d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Sec. 5712d. Grants for prevention of sexual abuse and exploitation

-STATUTE-

(a) In general

The Secretary shall make grants under this section to private,

nonprofit agencies for street-based outreach and education,

including treatment, counseling, provision of information, and

referral for runaway, homeless, and street youth who have been

subjected to or are at risk of being subjected to sexual abuse.

(b) Priority

In selecting among applicants for grants under subsection (a) of

this section, the Secretary shall give priority to agencies that

have experience in providing services to runaway, homeless, and

street youth.

(c) Authorization of appropriations

There are authorized to be appropriated to carry out this section

-

(1) $7,000,000 for fiscal year 1996;

(2) $8,000,000 for fiscal year 1997; and

(3) $15,000,000 for fiscal year 1998.

(d) Definitions

For the purposes of this section -

(1) the term "street-based outreach and education" includes

education and prevention efforts directed at offenses committed

by offenders who are not known to the victim as well as offenders

who are known to the victim; and

(2) the term "street youth" means a juvenile who spends a

significant amount of time on the street or in other areas of

exposure to encounters that may lead to sexual abuse.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 316, as added Pub. L. 103-322,

title IV, Sec. 40155, Sept. 13, 1994, 108 Stat. 1922.)

-COD-

CODIFICATION

Section 40155(2) of Pub. L. 103-322, which directed that this

section be added after section 315 of Pub. L. 93-415, was executed

by adding this section after section 312 of Pub. L. 93-415

(classified to section 5712 of this title) to reflect the probable

intent of Congress and amendment by Pub. L. 102-586, Sec.

3(g)(2)(A)-(D), which repealed sections 313 to 315 of Pub. L.

93-415 (formerly classified to sections 5712a to 5712c of this

title) and renumbered sections 316 and 317 of Pub. L. 93-415 as

sections 313 and 314, respectively, of Pub. L. 93-415 (classified

to sections 5713 and 5714 of this title). Section 40155(1) of Pub.

L. 103-322, which directed that sections 316 and 317 of Pub. L.

93-415 be renumbered sections 317 and 318 of Pub. L. 93-415, could

not be executed because of the previous renumbering of sections 316

and 317 as sections 313 and 314 of Pub. L. 93-415, as indicated

above.

-MISC1-

PRIOR PROVISIONS

A prior section 316 of Pub. L. 93-415 was renumbered section 313

of Pub. L. 93-415 and is classified to section 5713 of this title.

Another prior section 316 of Pub. L. 93-415 was renumbered

section 372 of Pub. L. 93-415 and is classified to section 5714b of

this title.

Another prior section 316 of Pub. L. 93-415 was renumbered

section 382 of Pub. L. 93-415 and is classified to section 5716 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 5713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Sec. 5713. Approval of applications

-STATUTE-

(a) In general

An application by a public or private entity for a grant under

section 5711(a) of this title may be approved by the Secretary

after taking into consideration, with respect to the State in which

such entity proposes to provide services under this part -

(1) the geographical distribution in such State of the proposed

services under this part for which all grant applicants request

approval; and

(2) which areas of such State have the greatest need for such

services.

(b) Priority

In selecting applications for grants under section 5711(a) of

this title, the Secretary shall give priority to -

(1) eligible applicants who have demonstrated experience in

providing services to runaway and homeless youth; and

(2) eligible applicants that request grants of less than

$200,000.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 313, Sept. 7, 1974, 88 Stat. 1131;

Pub. L. 95-115, Sec. 7(a)(4), Oct. 3, 1977, 91 Stat. 1058; Pub. L.

96-509, Sec. 18(e), Dec. 8, 1980, 94 Stat. 2762; Pub. L. 98-473,

title II, Sec. 653, Oct. 12, 1984, 98 Stat. 2123; renumbered Sec.

316 and amended Pub. L. 100-690, title VII, Secs. 7271(c)(1),

7275(a), Nov. 18, 1988, 102 Stat. 4453, 4457; renumbered Sec. 313

and amended Pub. L. 102-586, Sec. 3(d), (g)(2)(D), Nov. 4, 1992,

106 Stat. 5022, 5025; Pub. L. 106-71, Sec. 3(d), Oct. 12, 1999, 113

Stat. 1037.)

-MISC1-

PRIOR PROVISIONS

A prior section 313 of Pub. L. 93-415 was classified to section

5712a of this title prior to repeal by Pub. L. 102-586.

AMENDMENTS

1999 - Pub. L. 106-71 inserted section catchline and amended text

generally. Prior to amendment, text read as follows: "An

application by a State, locality, or private entity for a grant

under section 5711(a), (c), or (d) of this title may be approved by

the Secretary only if it is consistent with the applicable

provisions of section 5711(a), (c), or (d) of this title and meets

the requirements set forth in section 5712 of this title. Priority

shall be given to grants smaller than $200,000. In considering

grant applications under section 5711(a) of this title, priority

shall be given to organizations which have a demonstrated

experience in the provision of service to runaway and homeless

youth and their families."

1992 - Pub. L. 102-586, Sec. 3(d), substituted "section 5711(a),

(c), or (d) of this title" for "section 5711(a) of this title" in

two places in first sentence and substituted "$200,000" for

"$150,000" in second sentence.

1988 - Pub. L. 100-690, Sec. 7271(c)(1), substituted "section

5711(a) of this title" for "this part" in three places.

1984 - Pub. L. 98-473 substituted "private entity" for "nonprofit

private agency".

1980 - Pub. L. 96-509 substituted "$150,000" for "$100,000" and

"organizations which have a demonstrated experience in the

provision of service to runaway and homeless youth and their

families" for "any applicant whose program budget is smaller than

$150,000".

1977 - Pub. L. 95-115 substituted "$100,000" and "$150,000" for

"$75,000" and "$100,000", respectively.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5714 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part A - Runaway and Homeless Youth Grant Program

-HEAD-

Sec. 5714. Grants to private entities; staffing

-STATUTE-

Nothing in this subchapter shall be construed to deny grants to

private entities which are fully controlled by private boards or

persons but which in other respects meet the requirements of this

subchapter and agree to be legally responsible for the operation of

the runaway and homeless youth center and the programs, projects,

and activities they carry out under this subchapter. Nothing in

this subchapter shall give the Federal Government control over the

staffing and personnel decisions of facilities receiving Federal

funds under this subchapter.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 314, Sept. 7, 1974, 88 Stat. 1131;

Pub. L. 98-473, title II, Sec. 654, Oct. 12, 1984, 98 Stat. 2123;

renumbered Sec. 317 and amended Pub. L. 100-690, title VII, Secs.

7271(c)(4), 7275(a), Nov. 18, 1988, 102 Stat. 4453, 4457;

renumbered Sec. 314 and amended Pub. L. 102-586, Sec. 3(e),

(g)(2)(D), Nov. 4, 1992, 106 Stat. 5022, 5025.)

-MISC1-

PRIOR PROVISIONS

A prior section 314 of Pub. L. 93-415 was classified to section

5712b of this title prior to repeal by Pub. L. 102-586.

AMENDMENTS

1992 - Pub. L. 102-586, Sec. 3(e), substituted "subchapter" for

"part" wherever appearing and inserted "and the programs, projects,

and activities they carry out under this subchapter" after "center"

and "under this subchapter" before period at end.

1988 - Pub. L. 100-690, Sec. 7271(c)(4), substituted "runaway and

homeless youth center" for "runaway center".

1984 - Pub. L. 98-473 amended section catchline and substituted

"private entities" for "nonprofit private agencies" and "center"

for "house" in text.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

670(a) of Pub. L. 98-473, set out as a note under section 5601 of

this title.

-End-

-CITE-

42 USC Part B - Transitional Living Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part B - Transitional Living Grant Program

-HEAD-

PART B - TRANSITIONAL LIVING GRANT PROGRAM

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, title VII, Secs. 7272(2), 7273(f), Nov.

18, 1988, 102 Stat. 4454, 4455, added part B heading, set out

above, and struck out "Part B - Records" heading, formerly set out

preceding section 5731 of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 677, 5715, 5731a, 5732,

5732a, 5751 of this title.

-End-

-CITE-

42 USC Sec. 5714-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part B - Transitional Living Grant Program

-HEAD-

Sec. 5714-1. Authority for program

-STATUTE-

The Secretary is authorized to make grants and to provide

technical assistance to public and nonprofit private entities to

establish and operate transitional living youth projects for

homeless youth.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 321, as added Pub. L. 100-690,

title VII, Sec. 7273(f), Nov. 18, 1988, 102 Stat. 4455; amended

Pub. L. 106-71, Sec. 3(e), Oct. 12, 1999, 113 Stat. 1038.)

-MISC1-

PRIOR PROVISIONS

A prior section 321 of Pub. L. 93-415 was renumbered section 363

and is classified to section 5731 of this title.

AMENDMENTS

1999 - Pub. L. 106-71 struck out "Purpose and" before "Authority"

in section catchline and struck out subsec. (a) designation before

"The Secretary" and subsec. (b) which defined "homeless youth" and

"transitional living youth project".

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5714-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part B - Transitional Living Grant Program

-HEAD-

Sec. 5714-2. Eligibility

-STATUTE-

(a) To be eligible for assistance under this part, an applicant

shall propose to establish, strengthen, or fund a transitional

living youth project for homeless youth and shall submit to the

Secretary a plan in which such applicant agrees, as part of such

project -

(1) to provide, directly or indirectly, shelter (such as group

homes, host family homes, and supervised apartments) and services

(including information and counseling services in basic life

skills which shall include money management, budgeting, consumer

education, and use of credit, interpersonal skill building,

educational advancement, job attainment skills, and mental and

physical health care) to homeless youth;

(2) to provide such shelter and such services to individual

homeless youth throughout a continuous period not to exceed 540

days;

(3) to provide, directly or indirectly, on-site supervision at

each shelter facility that is not a family home;

(4) that such shelter facility used to carry out such project

shall have the capacity to accommodate not more than 20

individuals (excluding staff);

(5) to provide a number of staff sufficient to ensure that all

homeless youth participating in such project receive adequate

supervision and services;

(6) to provide a written transitional living plan to each youth

based on an assessment of such youth's needs, designed to help

the transition from supervised participation in such project to

independent living or another appropriate living arrangement;

(7) to develop an adequate plan to ensure proper referral of

homeless youth to social service, law enforcement, educational,

vocational, training, welfare, legal service, and health care

programs and to help integrate and coordinate such services for

youths;

(8) to provide for the establishment of outreach programs

designed to attract individuals who are eligible to participate

in the project;

(9) to submit to the Secretary an annual report that includes

information regarding the activities carried out with funds under

this part, the achievements of the project under this part

carried out by the applicant and statistical summaries describing

the number and the characteristics of the homeless youth who

participate in such project, and the services provided to such

youth by such project, in the year for which the report is

submitted;

(10) to implement such accounting procedures and fiscal control

devices as the Secretary may require;

(11) to submit to the Secretary an annual budget that estimates

the itemized costs to be incurred in the year for which the

applicant requests a grant under this part;

(12) to keep adequate statistical records profiling homeless

youth which it serves and not to disclose the identity of

individual homeless youth in reports or other documents based on

such statistical records;

(13) not to disclose records maintained on individual homeless

youth without the informed consent of the individual youth to

anyone other than an agency compiling statistical records; and

(14) to provide to the Secretary such other information as the

Secretary may reasonably require.

(b) In selecting eligible applicants to receive grants under this

part, the Secretary shall give priority to entities that have

experience in providing to homeless youth shelter and services of

the types described in subsection (a)(1) of this section.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 322, as added Pub. L. 100-690,

title VII, Sec. 7273(f), Nov. 18, 1988, 102 Stat. 4456; amended

Pub. L. 102-586, Sec. 3(f), Nov. 4, 1992, 106 Stat. 5022; Pub. L.

106-71, Sec. 3(f), Oct. 12, 1999, 113 Stat. 1038.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(9). Pub. L. 106-71 inserted ", and the

services provided to such youth by such project," after

"participate in such project".

1992 - Subsec. (a)(1). Pub. L. 102-586, Sec. 3(f)(1), inserted

"which shall include money management, budgeting, consumer

education, and use of credit" after "basic life skills".

Subsec. (a)(13). Pub. L. 102-586, Sec. 3(f)(2), substituted

"informed consent of the individual youth" for "consent of the

individual youth and parent or legal guardian" and struck out "or a

government agency involved in the disposition of criminal charges

against youth" after "statistical records".

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Part C - National Communications System 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part C - National Communications System

-HEAD-

PART C - NATIONAL COMMUNICATIONS SYSTEM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5715, 5731a, 5732, 5751,

5773 of this title.

-End-

-CITE-

42 USC Sec. 5714-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part C - National Communications System

-HEAD-

Sec. 5714-11. Authority to make grants

-STATUTE-

The Secretary shall make grants for a national communication

system to assist runaway and homeless youth in communicating with

their families and with service providers. The Secretary shall give

priority to grant applicants that have experience in providing

telephone services to runaway and homeless youth.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 331, as added Pub. L. 102-586,

Sec. 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5022; amended Pub. L.

106-71, Sec. 3(r)(1), Oct. 12, 1999, 113 Stat. 1043.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-71 substituted "The Secretary" for "With funds

reserved under section 5751(a)(3) of this title, the Secretary" in

first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5773 of this title.

-End-

-CITE-

42 USC Part D - Coordinating, Training, Research, and

Other Activities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

PART D - COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5715, 5731a, 5732, 5751 of

this title.

-End-

-CITE-

42 USC Sec. 5714-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

Sec. 5714-21. Coordination

-STATUTE-

With respect to matters relating to the health, education,

employment, and housing of runaway and homeless youth, the

Secretary -

(1) in conjunction with the Attorney General, shall coordinate

the activities of agencies of the Department of Health and Human

Services with activities under any other Federal juvenile crime

control, prevention, and juvenile offender accountability program

and with the activities of other Federal entities; and

(2) shall coordinate the activities of agencies of the

Department of Health and Human Services with the activities of

other Federal entities and with the activities of entities that

are eligible to receive grants under this subchapter.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 341, as added Pub. L. 102-586,

Sec. 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023; amended Pub. L.

106-71, Sec. 3(g), Oct. 12, 1999, 113 Stat. 1038.)

-MISC1-

PRIOR PROVISIONS

A prior section 341 of Pub. L. 93-415 was renumbered section 380

and is classified to section 5714a of this title.

AMENDMENTS

1999 - Pub. L. 106-71 amended section catchline and text

generally. Prior to amendment, text read as follows: "With respect

to matters relating to the health, education, employment, and

housing of runaway and homeless youth, the Secretary shall

coordinate the activities of agencies of the Department of Health

and Human Services with the activities of other Federal entities

and with the activities of entities that are eligible to receive

grants under this subchapter".

-End-

-CITE-

42 USC Sec. 5714-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

Sec. 5714-22. Grants for technical assistance and training

-STATUTE-

The Secretary may make grants to statewide and regional nonprofit

organizations (and combinations of such organizations) to provide

technical assistance and training to public and private entities

(and combinations of such entities) that are eligible to receive

grants under this subchapter, for the purpose of carrying out the

programs, projects, or activities for which such grants are made.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 342, as added Pub. L. 102-586,

Sec. 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023.)

-MISC1-

PRIOR PROVISIONS

A prior section 342 of Pub. L. 93-415 was renumbered section 381

and is classified to section 5714b of this title.

-End-

-CITE-

42 USC Sec. 5714-23 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

Sec. 5714-23. Authority to make grants for research, evaluation,

demonstration, and service projects

-STATUTE-

(a) Authorization; purposes

The Secretary may make grants to States, localities, and private

entities (and combinations of such entities) to carry out research,

evaluation, demonstration, and service projects designed to

increase knowledge concerning, and to improve services for, runaway

youth and homeless youth.

(b) Selection factors; special consideration

In selecting among applications for grants under subsection (a)

of this section, the Secretary shall give special consideration to

proposed projects relating to -

(1) youth who repeatedly leave and remain away from their

homes;

(2) transportation of runaway youth and homeless youth in

connection with services authorized to be provided under this

subchapter;

(3) the special needs of runaway youth and homeless youth

programs in rural areas;

(4) the special needs of programs that place runaway youth and

homeless youth in host family homes;

(5) staff training in -

(A) the behavioral and emotional effects of sexual abuse and

assault;

(B) responding to youth who are showing effects of sexual

abuse and assault; and

(C) agency-wide strategies for working with runaway and

homeless youth who have been sexually victimized;

(6) innovative methods of developing resources that enhance the

establishment or operation of runaway and homeless youth centers;

(7) training for runaway youth and homeless youth, and staff

training, related to preventing and obtaining treatment for

infection by the human immunodeficiency virus (HIV);

(8) increasing access to health care (including mental health

care) for runaway youth and homeless youth; and

(9) increasing access to education for runaway youth and

homeless youth.

(c) Priority

In selecting among applicants for grants under subsection (a) of

this section, the Secretary shall give priority to applicants who

have experience working with runaway youth or homeless youth.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 343, as added Pub. L. 102-586,

Sec. 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023; amended Pub. L.

106-71, Sec. 3(h), Oct. 12, 1999, 113 Stat. 1038.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-71, Sec. 3(h)(1), inserted "evaluation," after

"research," in section catchline.

Subsec. (a). Pub. L. 106-71, Sec. 3(h)(2), inserted "evaluation,"

after "research,".

Subsec. (b)(2) to (10). Pub. L. 106-71, Sec. 3(h)(3),

redesignated pars. (3) to (10) as (2) to (9), respectively, and

struck out former par. (2) which read as follows: "home-based and

street-based services for, and outreach to, runaway youth and

homeless youth;".

-End-

-CITE-

42 USC Sec. 5714-24 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

Sec. 5714-24. Temporary demonstration projects to provide services

to youth in rural areas

-STATUTE-

(a)(1) The Secretary may make grants on a competitive basis to

States, localities, and private entities (and combinations of such

entities) to provide services (including transportation) authorized

to be provided under part A of this subchapter, to runaway and

homeless youth in rural areas.

(2)(A) Each grant made under paragraph (1) may not exceed

$100,000.

(B) In each fiscal year for which funds are appropriated to carry

out this section, grants shall be made under paragraph (1) to

eligible applicants to carry out projects in not fewer than 10

States.

(C) Not more than 2 grants may be made under paragraph (1) in

each fiscal year to carry out projects in a particular State.

(3) Each eligible applicant that receives a grant for a fiscal

year to carry out a project under this section shall have priority

to receive a grant for the subsequent fiscal year to carry out a

project under this section.

(b) To be eligible to receive a grant under subsection (a) of

this section, an applicant shall -

(1) submit to the Secretary an application in such form and

containing such information and assurances as the Secretary may

require by rule; and

(2) propose to carry out such project in a geographical area

that -

(A) has a population under 20,000;

(B) is located outside a Standard Metropolitan Statistical

Area; and

(C) agree to provide to the Secretary an annual report

identifying -

(i) the number of runaway and homeless youth who receive

services under the project carried out by the applicant;

(ii) the types of services authorized under part A of this

subchapter that were needed by, but not provided to, such

youth in the geographical area served by the project;

(iii) the reasons the services identified under clause (ii)

were not provided by the project; and

(iv) such other information as the Secretary may require.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 344, as added Pub. L. 102-586,

Sec. 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5024; amended Pub. L.

106-71, Sec. 3(r)(2), Oct. 12, 1999, 113 Stat. 1043.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-71 substituted "The Secretary"

for "With funds appropriated under section 5751(c) of this title,

the Secretary".

-End-

-CITE-

42 USC Sec. 5714-25 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part D - Coordinating, Training, Research, and Other Activities

-HEAD-

Sec. 5714-25. Study

-STATUTE-

The Secretary shall conduct a study of a representative sample of

runaways to determine the percent who leave home because of sexual

abuse. The report on the study shall include -

(1) in the case of sexual abuse, the relationship of the

assaulter to the runaway; and

(2) recommendations on how Federal laws may be changed to

reduce sexual assaults on children.

The study shall be completed to enable the Secretary to make a

report to the committees of Congress with jurisdiction over this

chapter, and to make such report available to the public, within

one year of October 12, 1999.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 345, as added Pub. L. 106-71, Sec.

3(i), Oct. 12, 1999, 113 Stat. 1038.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as

amended, which enacted this chapter, sections 3772 to 3774 and 3821

of this title, and sections 4351 to 4353 and 5038 to 5042 of Title

18, Crimes and Criminal Procedure, amended sections 3701, 3723,

3733, 3768, 3811 to 3814, 3882, and 3883 to 3888 of this title,

section 5108 of Title 5, Government Organization and Employees, and

sections 5031 to 5037 of Title 18, and repealed section 3889 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5601 of this title and

Tables.

-End-

-CITE-

42 USC Part E - Sexual Abuse Prevention Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part E - Sexual Abuse Prevention Program

-HEAD-

PART E - SEXUAL ABUSE PREVENTION PROGRAM

-MISC1-

PRIOR PROVISIONS

A prior part E, consisting of sections 5714a and 5714b, was

redesignated part F by Pub. L. 106-71, Sec. 3(n)(1)(B), Oct. 12,

1999, 113 Stat. 1040.

AMENDMENTS

1999 - Pub. L. 106-71, Sec. 3(n)(1)(C), Oct. 12, 1999, 113 Stat.

1040, added part heading. Former part E redesignated F.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5715, 5731a, 5732, 5751 of

this title.

-End-

-CITE-

42 USC Sec. 5714-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part E - Sexual Abuse Prevention Program

-HEAD-

Sec. 5714-41. Authority to make grants

-STATUTE-

(a) In general

The Secretary may make grants to nonprofit private agencies for

the purpose of providing street-based services to runaway and

homeless, and street youth, who have been subjected to, or are at

risk of being subjected to, sexual abuse, prostitution, or sexual

exploitation.

(b) Priority

In selecting applicants to receive grants under subsection (a) of

this section, the Secretary shall give priority to nonprofit

private agencies that have experience in providing services to

runaway and homeless, and street youth.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 351, as added Pub. L. 106-71, Sec.

3(n)(1)(C), Oct. 12, 1999, 113 Stat. 1040.)

-End-

-CITE-

42 USC Part F - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

PART F - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-71, Sec. 3(n)(1)(A), (B), Oct. 12, 1999, 113

Stat. 1040, redesignated part E as F and struck out part F heading

"Administrative Provisions", formerly set out preceding section

5715 of this title.

1992 - Pub. L. 102-586, Sec. 3(g)(1)(B)(i), Nov. 4, 1992, 106

Stat. 5022, redesignated part C as E.

Pub. L. 102-586, Sec. 3(g)(1)(A)(i), Nov. 4, 1992, 106 Stat.

5022, redesignated part D as F.

1988 - Pub. L. 100-690, title VII, Sec. 7272(3), Nov. 18, 1988,

102 Stat. 4454, added part D heading "Administrative Provisions".

Pub. L. 100-690, title VII, Secs. 7272(2), 7273(e)(1), Nov. 18,

1988, 102 Stat. 4454, 4455, added part C heading, set out above,

and struck out part C heading "Authorization of Appropriations",

formerly set out preceding section 5741 of this title.

-End-

-CITE-

42 USC Sec. 5714a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5714a. Assistance to potential grantees

-STATUTE-

The Secretary shall provide informational assistance to potential

grantees interested in establishing runaway and homeless youth

centers and transitional living youth projects.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 380, formerly Sec. 315, as added

Pub. L. 98-473, title II, Sec. 655(2), Oct. 12, 1984, 98 Stat.

2124; renumbered Sec. 341 and amended Pub. L. 100-690, title VII,

Sec. 7273(a), (e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455;

renumbered Sec. 371, Pub. L. 102-586, Sec. 3(g)(1)(B)(ii), Nov. 4,

1992, 106 Stat. 5022; renumbered Sec. 380 and amended Pub. L.

106-71, Sec. 3(j), (q), Oct. 12, 1999, 113 Stat. 1038, 1042.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-71, Sec. 3(j), struck out at end: "Such

assistance shall consist of information on -

"(1) steps necessary to establish a runaway and homeless youth

center or transitional living youth project, including

information on securing space for such center or such project,

obtaining insurance, staffing, and establishing operating

procedures;

"(2) securing local private or public financial support for the

operation of such center or such project, including information

on procedures utilized by grantees under this subchapter; and

"(3) the need for the establishment of additional runaway and

homeless youth centers in the geographical area identified by the

potential grantee involved."

1988 - Pub. L. 100-690, Sec. 7273(a)(1), inserted "and

transitional living youth projects" after "homeless youth centers"

in introductory provisions.

Par. (1). Pub. L. 100-690, Sec. 7273(a)(2), (3), inserted "or

transitional living youth project" after "homeless youth center"

and "or such project" after "such center".

Par. (2). Pub. L. 100-690, Sec. 7273(a)(3), inserted "such

project" after "such center".

Par. (3). Pub. L. 100-690, Sec. 7273(a)(4), inserted "and

homeless" after "runaway".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE

Section effective Oct. 12, 1984, see section 670(a) of Pub. L.

98-473, set out as an Effective Date of 1984 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5714b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5714b. Lease of surplus Federal facilities for use as runaway

and homeless youth centers or as transitional living youth

shelter facilities

-STATUTE-

(a) Conditions of lease arrangements

The Secretary may enter into cooperative lease arrangements with

States, localities, and nonprofit private agencies to provide for

the use of appropriate surplus Federal facilities transferred by

the General Services Administration to the Department of Health and

Human Services for use as runaway and homeless youth centers or as

transitional living youth shelter facilities if the Secretary

determines that -

(1) the applicant involved has suitable financial support

necessary to operate a runaway and homeless youth center or

transitional living youth project, as the case may be, under this

subchapter;

(2) the applicant is able to demonstrate the program expertise

required to operate such center in compliance with this

subchapter, whether or not the applicant is receiving a grant

under this part; and

(3) the applicant has consulted with and obtained the approval

of the chief executive officer of the unit of local government in

which the facility is located.

(b) Period of availability; rent-free use; structural changes:

Federal ownership and consent

(1) Each facility made available under this section shall be made

available for a period of not less than 2 years, and no rent or fee

shall be charged to the applicant in connection with use of such

facility.

(2) Any structural modifications or additions to facilities made

available under this section shall become the property of the

United States. All such modifications or additions may be made only

after receiving the prior written consent of the Secretary or other

appropriate officer of the Department of Health and Human Services.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 381, formerly Sec. 316, as added

Pub. L. 98-473, title II, Sec. 655(2), Oct. 12, 1984, 98 Stat.

2124; renumbered Sec. 342 and amended Pub. L. 100-690, title VII,

Sec. 7273(b), (e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455;

renumbered Sec. 372, Pub. L. 102-586, Sec. 3(g)(1)(B)(ii), Nov. 4,

1992, 106 Stat. 5022; Pub. L. 105-277, div. A, Sec. 101(b) [title

I, Sec. 129(a)(2)(E)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-76;

renumbered Sec. 381, Pub. L. 106-71, Sec. 3(q), Oct. 12, 1999, 113

Stat. 1042.)

-MISC1-

PRIOR PROVISIONS

A prior section 381 of Pub. L. 93-415 was renumbered section 382

and is classified to section 5715 of this title.

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-277 substituted "unit of local

government" for "unit of general local government".

1988 - Pub. L. 100-690, Sec. 7273(b)(1), inserted "or as

transitional living youth shelter facilities" at end of section

catchline.

Subsec. (a). Pub. L. 100-690, Sec. 7273(b)(2), inserted "or as

transitional living youth shelter facilities" after "runaway and

homeless youth centers" in introductory provisions and "or

transitional living youth project, as the case may be, under this

subchapter" after "homeless youth center" in par. (1).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE

Section effective Oct. 12, 1984, see section 670(a) of Pub. L.

98-473, set out as an Effective Date of 1984 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5715 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5715. Reports

-STATUTE-

(a) In general

Not later than April 1, 2000, and biennially thereafter, the

Secretary shall submit, to the Committee on Education and the

Workforce of the House of Representatives and the Committee on the

Judiciary of the Senate, a report on the status, activities, and

accomplishments of entities that receive grants under parts A, B,

C, D, and E of this subchapter, with particular attention to -

(1) in the case of centers funded under part A of this

subchapter, the ability or effectiveness of such centers in -

(A) alleviating the problems of runaway and homeless youth;

(B) if applicable or appropriate, reuniting such youth with

their families and encouraging the resolution of intrafamily

problems through counseling and other services;

(C) strengthening family relationships and encouraging stable

living conditions for such youth; and

(D) assisting such youth to decide upon a future course of

action; and

(2) in the case of projects funded under part B of this

subchapter -

(A) the number and characteristics of homeless youth served

by such projects;

(B) the types of activities carried out by such projects;

(C) the effectiveness of such projects in alleviating the

problems of homeless youth;

(D) the effectiveness of such projects in preparing homeless

youth for self-sufficiency;

(E) the effectiveness of such projects in assisting homeless

youth to decide upon future education, employment, and

independent living;

(F) the ability of such projects to encourage the resolution

of intrafamily problems through counseling and development of

self-sufficient living skills; and

(G) activities and programs planned by such projects for the

following fiscal year.

(b) Contents of reports

The Secretary shall include in each report submitted under

subsection (a) of this section, summaries of -

(1) the evaluations performed by the Secretary under section

5732 of this title; and

(2) descriptions of the qualifications of, and training

provided to, individuals involved in carrying out such

evaluations.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 382, formerly Sec. 315, Sept. 7,

1974, 88 Stat. 1131; Pub. L. 96-509, Sec. 18(f), Dec. 8, 1980, 94

Stat. 2762; renumbered Sec. 317, Pub. L. 98-473, title II, Sec.

655(1), Oct. 12, 1984, 98 Stat. 2124; renumbered Sec. 361 and

amended Pub. L. 100-690, title VII, Secs. 7271(c)(5), 7273(c),

(e)(2), 7274, Nov. 18, 1988, 102 Stat. 4453-4455, 4457; Pub. L.

101-204, title X, Sec. 1003(1), (2), Dec. 7, 1989, 103 Stat. 1827;

renumbered Sec. 381 and amended Pub. L. 102-586, Sec.

3(g)(1)(A)(ii), (h), Nov. 4, 1992, 106 Stat. 5022, 5025; renumbered

Sec. 382 and amended Pub. L. 106-71, Sec. 3(k), (q), Oct. 12, 1999,

113 Stat. 1039, 1042.)

-MISC1-

PRIOR PROVISIONS

A prior section 382 of Pub. L. 93-415 was renumbered section 383

and is classified to section 5716 of this title.

AMENDMENTS

1999 - Pub. L. 106-71 amended section generally, making reporting

requirements biennial rather than annual and adding subsec.

headings.

1992 - Pub. L. 102-586, Sec. 3(h), which directed the amendment

of section "361 of the Juvenile Justice and Delinquency Act of 1974

(42 U.S.C. 5715)" by amending it generally and adding subsec. (b),

was executed to this section, which is section 381 of the Juvenile

Justice and Delinquency Prevention Act of 1974 (Pub. L. 93-415), to

reflect the probable intent of Congress and the intervening

renumbering of section 361 of Pub. L. 93-415 as section 381 by

section 3(g)(1)(A)(ii) of Pub. L. 102-586. Prior to amendment, this

section consisted of subsecs. (a) and (b) which required annual

reports to Congress on the status and accomplishments of the

runaway and homeless youth centers funded under part A of this

subchapter and of the transitional living youth projects funded

under part B of this subchapter.

1989 - Subsec. (a). Pub. L. 101-204, Sec. 1003(1), substituted

"submit a report to the Committee on Education and Labor of the

House of Representatives and the Committee on the Judiciary of the

Senate" for "report to the Congress".

Subsec. (b). Pub. L. 101-204, Sec. 1003(2), substituted "Not

later than 180 days after the end of each fiscal year, the

Secretary shall submit a report to the Committee on Education and

Labor of the House of Representatives and the Committee on the

Judiciary of the Senate" for "The Secretary shall annually report

to the Congress".

1988 - Subsec. (a). Pub. L. 100-690, Secs. 7271(c)(5),

7273(c)(1), (2), 7274, designated existing provisions as subsec.

(a), in introductory provisions substituted "Not later than 180

days after the end of each fiscal year, the Secretary shall" for

"The Secretary shall annually", "runaway and homeless youth

centers" for "runaway centers", and "part A of this subchapter" for

"this part", and in par. (1) substituted "runaway and homeless

youth" for "runaway youth".

Subsec. (b). Pub. L. 100-690, Sec. 7273(c)(3), added subsec. (b).

1980 - Pub. L. 96-509 substituted "centers" for "houses".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, with the

report required by this section with respect to fiscal year 1988 to

be submitted not later than Aug. 1, 1989, notwithstanding the

180-day period provided in this section, see section 7296(a),

(b)(3) of Pub. L. 100-690, as amended, set out as a note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5716 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5716. Federal and non-Federal share; methods of payment

-STATUTE-

(a) The Federal share for the renovation of existing structures,

the provision of counseling services, staff training, and the

general costs of operations of such facility's budget for any

fiscal year shall be 90 per centum. The non-Federal share may be in

cash or in kind, fairly evaluated by the Secretary, including

plant, equipment, or services.

(b) Payments under this section may be made in installments, in

advance, or by way of reimbursement, with necessary adjustments on

account of overpayments or underpayments.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 383, formerly Sec. 316, Sept. 7,

1974, 88 Stat. 1132; renumbered Sec. 318, Pub. L. 98-473, title II,

Sec. 655(1), Oct. 12, 1984, 98 Stat. 2124; renumbered Sec. 362 and

amended Pub. L. 100-690, title VII, Secs. 7271(c)(6), 7273(e)(2),

Nov. 18, 1988, 102 Stat. 4454, 4455; renumbered Sec. 382, Pub. L.

102-586, Sec. 3(g)(1)(A)(ii), Nov. 4, 1992, 106 Stat. 5022;

renumbered Sec. 383, Pub. L. 106-71, Sec. 3(q), Oct. 12, 1999, 113

Stat. 1042.)

-MISC1-

PRIOR PROVISIONS

A prior section 383 of Pub. L. 93-415 was renumbered section 384

and is classified to section 5731 of this title.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7271(c)(6), struck out

"acquisition and" before "renovation".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

-End-

-CITE-

42 USC Sec. 5731 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5731. Restrictions on disclosure and transfer

-STATUTE-

Records containing the identity of individual youths pursuant to

this chapter may under no circumstances be disclosed or transferred

to any individual or to any public or private agency.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 384, formerly Sec. 321, Sept. 7,

1974, 88 Stat. 1132; Pub. L. 95-115, Sec. 7(b), Oct. 3, 1977, 91

Stat. 1058; renumbered Sec. 363, Pub. L. 100-690, title VII, Sec.

7273(e)(2), Nov. 18, 1988, 102 Stat. 4455; renumbered Sec. 383,

Pub. L. 102-586, Sec. 3(g)(1)(A)(ii), Nov. 4, 1992, 106 Stat. 5022;

renumbered Sec. 384, Pub. L. 106-71, Sec. 3(q), Oct. 12, 1999, 113

Stat. 1042.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as

amended, which enacted this chapter, sections 3772 to 3774 and 3821

of this title, and sections 4351 to 4353 and 5038 to 5042 of Title

18, Crimes and Criminal Procedure, amended sections 3701, 3723,

3733, 3768, 3811 to 3814, 3882, and 3883 to 3888 of this title,

section 5108 of Title 5, Government Organization and Employees, and

sections 5031 to 5037 of Title 18, and repealed section 3889 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5601 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 384 of Pub. L. 93-415 was renumbered section 386

and is classified to section 5732 of this title.

AMENDMENTS

1977 - Pub. L. 95-115 substituted provisions relating to

restrictions on disclosure and transfer of records, for provisions

relating to scope, etc., of statistical report to Congress.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5732 of this title.

-End-

-CITE-

42 USC Sec. 5731a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5731a. Consolidated review of applications

-STATUTE-

With respect to funds available to carry out parts A, B, C, D,

and E of this subchapter, nothing in this subchapter shall be

construed to prohibit the Secretary from -

(1) announcing, in a single announcement, the availability of

funds for grants under 2 or more of such parts; and

(2) reviewing applications for grants under 2 or more of such

parts in a single, consolidated application review process.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 385, as added Pub. L. 106-71, Sec.

3(o), Oct. 12, 1999, 113 Stat. 1041.)

-MISC1-

PRIOR PROVISIONS

A prior section 385 of Pub. L. 93-415 was renumbered section 388

and is classified to section 5751 of this title.

-End-

-CITE-

42 USC Sec. 5732 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5732. Evaluation and information

-STATUTE-

(a) In general

If a grantee receives grants for 3 consecutive fiscal years under

part A, B, C, D, or E of this subchapter (in the alternative), then

the Secretary shall evaluate such grantee on-site, not less

frequently than once in the period of such 3 consecutive fiscal

years, for purposes of -

(1) determining whether such grants are being used for the

purposes for which such grants are made by the Secretary;

(2) collecting additional information for the report required

by section 5731 of this title; and

(3) providing such information and assistance to such grantee

as will enable such grantee to improve the operation of the

centers, projects, and activities for which such grants are made.

(b) Cooperation

Recipients of grants under this subchapter shall cooperate with

the Secretary's efforts to carry out evaluations, and to collect

information, under this subchapter.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 386, formerly Sec. 364, as added

Pub. L. 100-690, title VII, Sec. 7278, Nov. 18, 1988, 102 Stat.

4458; renumbered Sec. 384, Pub. L. 102-586, Sec. 3(g)(1)(A)(ii),

Nov. 4, 1992, 106 Stat. 5022; renumbered Sec. 386 and amended Pub.

L. 106-71, Sec. 3(l), Oct. 12, 1999, 113 Stat. 1039.)

-MISC1-

PRIOR PROVISIONS

A prior section 5732, Pub. L. 93-415, title III, Sec. 322, Sept.

7, 1974, 88 Stat. 1132, set forth restrictions on disclosure and

transfer of records, prior to repeal by Pub. L. 95-115, Sec. 7(b),

Oct. 3, 1977, 91 Stat. 1058, eff. Oct. 1, 1977.

AMENDMENTS

1999 - Pub. L. 106-71 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) The Secretary shall develop for each fiscal year, and

publish annually in the Federal Register for public comment a

proposed plan specifying the subject priorities the Secretary will

follow in making grants under this subchapter for such fiscal year.

"(b) Taking into consideration comments received in the 45-day

period beginning on the date the proposed plan is published, the

Secretary shall develop and publish, before December 31 of such

fiscal year, a final plan specifying the priorities referred to in

subsection (a) of this section."

EFFECTIVE DATE

Section effective Oct. 1, 1988, but not applicable with respect

to fiscal year 1989, see section 7296(a), (b)(2) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5715 of this title.

-End-

-CITE-

42 USC Sec. 5732a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5732a. Definitions

-STATUTE-

In this subchapter:

(1) Drug abuse education and prevention services

The term "drug abuse education and prevention services" -

(A) means services to runaway and homeless youth to prevent

or reduce the illicit use of drugs by such youth; and

(B) may include -

(i) individual, family, group, and peer counseling;

(ii) drop-in services;

(iii) assistance to runaway and homeless youth in rural

areas (including the development of community support

groups);

(iv) information and training relating to the illicit use

of drugs by runaway and homeless youth, to individuals

involved in providing services to such youth; and

(v) activities to improve the availability of local drug

abuse prevention services to runaway and homeless youth.

(2) Home-based services

The term "home-based services" -

(A) means services provided to youth and their families for

the purpose of -

(i) preventing such youth from running away, or otherwise

becoming separated, from their families; and

(ii) assisting runaway youth to return to their families;

and

(B) includes services that are provided in the residences of

families (to the extent practicable), including -

(i) intensive individual and family counseling; and

(ii) training relating to life skills and parenting.

(3) Homeless youth

The term "homeless youth" means an individual -

(A) who is -

(i) not more than 21 years of age; and

(ii) for the purposes of part B of this subchapter, not

less than 16 years of age;

(B) for whom it is not possible to live in a safe environment

with a relative; and

(C) who has no other safe alternative living arrangement.

(4) Street-based services

The term "street-based services" -

(A) means services provided to runaway and homeless youth,

and street youth, in areas where they congregate, designed to

assist such youth in making healthy personal choices regarding

where they live and how they behave; and

(B) may include -

(i) identification of and outreach to runaway and homeless

youth, and street youth;

(ii) crisis intervention and counseling;

(iii) information and referral for housing;

(iv) information and referral for transitional living and

health care services;

(v) advocacy, education, and prevention services related to

-

(I) alcohol and drug abuse;

(II) sexual exploitation;

(III) sexually transmitted diseases, including human

immunodeficiency virus (HIV); and

(IV) physical and sexual assault.

(5) Street youth

The term "street youth" means an individual who -

(A) is -

(i) a runaway youth; or

(ii) indefinitely or intermittently a homeless youth; and

(B) spends a significant amount of time on the street or in

other areas that increase the risk to such youth for sexual

abuse, sexual exploitation, prostitution, or drug abuse.

(6) Transitional living youth project

The term "transitional living youth project" means a project

that provides shelter and services designed to promote a

transition to self-sufficient living and to prevent long-term

dependency on social services.

(7) Youth at risk of separation from the family

The term "youth at risk of separation from the family" means an

individual -

(A) who is less than 18 years of age; and

(B)(i) who has a history of running away from the family of

such individual;

(ii) whose parent, guardian, or custodian is not willing to

provide for the basic needs of such individual; or

(iii) who is at risk of entering the child welfare system or

juvenile justice system as a result of the lack of services

available to the family to meet such needs.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 387, as added Pub. L. 106-71, Sec.

3(p), Oct. 12, 1999, 113 Stat. 1041.)

-End-

-CITE-

42 USC Sec. 5733 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5733. Repealed. Pub. L. 102-586, Sec. 3(g)(2)(E), Nov. 4,

1992, 106 Stat. 5025

-MISC1-

Section, Pub. L. 93-415, title III, Sec. 365, as added Pub. L.

100-690, title VII, Sec. 7279, Nov. 18, 1988, 102 Stat. 4458,

related to Secretary's obligation to coordinate activities of

health agencies with activities of entities eligible to receive

grants.

-End-

-CITE-

42 USC Sec. 5741 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5741. Repealed. Pub. L. 98-473, title II, Sec. 656, Oct. 12,

1984, 98 Stat. 2124

-MISC1-

Section, Pub. L. 93-415, title III, Sec. 331, as added Pub. L.

95-115, Sec. 7(c), Oct. 3, 1977, 91 Stat. 1059; amended Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695,

authorized President to submit to Congress after April 30, 1978, a

reorganization plan for establishment of an Office of Youth

Assistance, subject to Congressional resolution of disapproval.

Prior to repeal by Pub. L. 98-473, section 5741 of this title

comprised part C of this subchapter. Section 657(e) of Pub. L.

98-473 redesignated former part D, consisting of section 5751 of

this title, as part C. Previously, part C was redesignated part D

by Pub. L. 95-115, Sec. 7(c), Oct. 3, 1977, 91 Stat. 1059.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 12, 1984, see section 670(a) of Pub. L.

98-473, set out as an Effective Date of 1984 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER III - RUNAWAY AND HOMELESS YOUTH

Part F - General Provisions

-HEAD-

Sec. 5751. Authorization of appropriations

-STATUTE-

(a) In general

(1) Authorization

There is authorized to be appropriated to carry out this

subchapter (other than part E of this subchapter) such sums as

may be necessary for fiscal years 2000, 2001, 2002, and 2003.

(2) Allocation

(A) Parts A and B of this subchapter

From the amount appropriated under paragraph (1) for a fiscal

year, the Secretary shall reserve not less than 90 percent to

carry out parts A and B of this subchapter.

(B) Part B of this subchapter

Of the amount reserved under subparagraph (A), not less than

20 percent, and not more than 30 percent, shall be reserved to

carry out part B of this subchapter.

(3) Parts C and D of this subchapter

In each fiscal year, after reserving the amounts required by

paragraph (2), the Secretary shall use the remaining amount (if

any) to carry out parts C and D of this subchapter.

(4) Part E of this subchapter

There is authorized to be appropriated to carry out part E of

this subchapter such sums as may be necessary for fiscal years

2000, 2001, 2002, and 2003.

(b) Separate identification required

No funds appropriated to carry out this subchapter may be

combined with funds appropriated under any other Act if the purpose

of combining such funds is to make a single discretionary grant, or

a single discretionary payment, unless such funds are separately

identified in all grants and contracts and are used for the

purposes specified in this subchapter.

-SOURCE-

(Pub. L. 93-415, title III, Sec. 388, formerly Sec. 331, Sept. 7,

1974, 88 Stat. 1132; Pub. L. 94-273, Sec. 32(c), Apr. 21, 1976, 90

Stat. 380; renumbered Sec. 341 and amended Pub. L. 95-115, Sec.

7(c), (d), Oct. 3, 1977, 91 Stat. 1059, 1060; Pub. L. 96-509, Sec.

2(b), Dec. 8, 1980, 94 Stat. 2750; renumbered Sec. 331 and amended

Pub. L. 98-473, title II, Sec. 657(a)-(d), (f), Oct. 12, 1984, 98

Stat. 2124, 2125; renumbered Sec. 366 and amended Pub. L. 100-690,

title VII, Secs. 7273(d), (e)(2), 7280, Nov. 18, 1988, 102 Stat.

4455, 4459; Pub. L. 101-204, title X, Secs. 1001(e)(2), 1003(3),

Dec. 7, 1989, 103 Stat. 1827; renumbered Sec. 385 and amended Pub.

L. 102-586, Sec. 3(g)(1)(A)(ii), (i), Nov. 4, 1992, 106 Stat. 5022,

5026; renumbered Sec. 388 and amended Pub. L. 106-71, Sec. 3(m),

(n)(2), Oct. 12, 1999, 113 Stat. 1040, 1041.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-71, Sec. 3(m), amended section catchline and

text generally, substituting provisions relating to appropriations

for fiscal years 2000 to 2003 for provisions relating to

appropriations for fiscal years 1993 to 1996.

Subsec. (a)(4). Pub. L. 106-71, Sec. 3(n)(2), added par. (4).

1992 - Pub. L. 102-586, Sec. 3(i), which directed the amendment

of section "366 of the Juvenile Justice and Delinquency Act of 1974

(42 U.S.C. 5751)", was executed to this section, which is section

385 of the Juvenile Justice and Delinquency Prevention Act of 1974

(Pub. L. 93-415), to reflect the probable intent of Congress and

the intervening renumbering of section 366 of Pub. L. 93-415 as

section 385 by section 3(g)(1)(A)(ii) of Pub. L. 102-586. See notes

below.

Subsec. (a)(1). Pub. L. 102-586, Sec. 3(i)(1)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "To

carry out the purposes of part A of this subchapter there are

authorized to be appropriated such sums as may be necessary for

fiscal years 1989, 1990, 1991, and 1992."

Subsec. (a)(3) to (5). Pub. L. 102-586, Sec. 3(i)(1)(B), added

pars. (3) to (5).

Subsec. (b)(1). Pub. L. 102-586, Sec. 3(i)(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Subject

to paragraph (2), to carry out the purposes of part B of this

subchapter, there are authorized to be appropriated $5,000,000 for

fiscal year 1989 and such sums as may be necessary for each of the

fiscal years 1990, 1991, and 1992."

Subsecs. (c) to (e). Pub. L. 102-586, Sec. 3(i)(3), (4), added

subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and

(e), respectively.

1989 - Subsec. (a). Pub. L. 101-204, Sec. 1001(e)(2), amended

directory language of Pub. L. 100-690, Sec. 7280(2), see 1988

Amendment note below.

Subsec. (a)(1). Pub. L. 101-204, Sec. 1003(3), substituted "are

authorized" for "is authorized".

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7280, as amended by

Pub. L. 101-204, Sec. 1001(e)(2), designated existing provisions as

par. (1), struck out "1985, 1986, 1987, and 1988" after "fiscal

years", inserted "1989, 1990, 1991, and 1992", and added par. (2).

Subsecs. (b) to (d). Pub. L. 100-690, Sec. 7273(d), added subsec.

(b) and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1984 - Pub. L. 98-473, Sec. 657(a), amended section catchline.

Subsec. (a). Pub. L. 98-473, Sec. 657(b), substituted "such sums

as may be necessary for fiscal years 1985, 1986, 1987, and 1988"

for "for each of the fiscal years ending September 30, 1981,

September 30, 1982, September 30, 1983, and September 30, 1984 the

sum of $25,000,000".

Subsec. (b). Pub. L. 98-473, Sec. 657(c), struck out "Associate"

before "Administrator".

Subsec. (c). Pub. L. 98-473, Sec. 657(d), added subsec. (c).

1980 - Subsec. (a). Pub. L. 96-509 substituted provisions

authorizing appropriations of $25,000,000 for each of fiscal years

ending Sept. 30, 1981, 1982, 1983, and 1984, for provisions that

had authorized appropriations of $10,000,000 for each of fiscal

years ending Sept. 30, 1975, 1976, and 1977, and $25,000,000 for

each of fiscal years ending Sept. 30, 1978, 1979, and 1980.

1977 - Subsec. (a). Pub. L. 95-115, Sec. 7(d)(1), inserted

provisions authorizing appropriations for fiscal years ending Sept.

30, 1978, 1979, and 1980.

Subsec. (b). Pub. L. 95-115, Sec. 7(d)(2), substituted provisions

relating to consultative and coordinating requirements for funded

programs and activities, for provisions relating to authorization

for funding surveys under part B of this subchapter.

1976 - Pub. L. 94-273 substituted "June 30, 1975, and 1976, and

September 30, 1977" for "June 30, 1975, 1976, and 1977".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, except that

subsec. (c)(2), as enacted by section 657(d) of Pub. L. 98-473, not

applicable with respect to any grant or payment made before Oct.

12, 1984, see section 670 of Pub. L. 98-473, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - MISSING CHILDREN 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

SUBCHAPTER IV - MISSING CHILDREN

-End-

-CITE-

42 USC Sec. 5771 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5771. Findings

-STATUTE-

The Congress hereby finds that -

(1) each year thousands of children are abducted or removed

from the control of a parent having legal custody without such

parent's consent, under circumstances which immediately place

them in grave danger;

(2) many of these children are never reunited with their

families;

(3) often there are no clues to the whereabouts of these

children;

(4) many missing children are at great risk of both physical

harm and sexual exploitation;

(5) in many cases, parents and local law enforcement officials

have neither the resources nor the expertise to mount expanded

search efforts;

(6) abducted children are frequently moved from one locality to

another, requiring the cooperation and coordination of local,

State, and Federal law enforcement efforts;

(7) on frequent occasions, law enforcement authorities quickly

exhaust all leads in missing children cases, and require

assistance from distant communities where the child may be

located;

(8) Federal assistance is urgently needed to coordinate and

assist in this interstate problem;

(9) for 14 years, the National Center for Missing and Exploited

Children has -

(A) served as the national resource center and clearinghouse

congressionally mandated under the provisions of this

subchapter; and

(B) worked in partnership with the Department of Justice, the

Federal Bureau of Investigation, the Department of the

Treasury, the Department of State, and many other agencies in

the effort to find missing children and prevent child

victimization;

(10) Congress has given the Center, which is a private

nonprofit corporation, access to the National Crime Information

Center of the Federal Bureau of Investigation, and the National

Law Enforcement Telecommunications System;

(11) since 1987, the Center has operated the National Child

Pornography Tipline, in conjunction with the United States

Customs Service and the United States Postal Inspection Service

and, beginning this year, the Center established a new

CyberTipline on child exploitation, thus becoming "the 911 for

the Internet";

(12) in light of statistics that time is of the essence in

cases of child abduction, the Director of the Federal Bureau of

Investigation in February of 1997 created a new NCIC child

abduction ("CA") flag to provide the Center immediate

notification in the most serious cases, resulting in 642 "CA"

notifications to the Center and helping the Center to have its

highest recovery rate in history;

(13) the Center has established a national and increasingly

worldwide network, linking the Center online with each of the

missing children clearinghouses operated by the 50 States, the

District of Columbia, and Puerto Rico, as well as with Scotland

Yard in the United Kingdom, the Royal Canadian Mounted Police,

INTERPOL headquarters in Lyon, France, and others, which has

enabled the Center to transmit images and information regarding

missing children to law enforcement across the United States and

around the world instantly;

(14) from its inception in 1984 through March 31, 1998, the

Center has -

(A) handled 1,203,974 calls through its 24-hour toll-free

hotline (1-800-THE-LOST) and currently averages 700 calls per

day;

(B) trained 146,284 law enforcement, criminal and juvenile

justice, and healthcare professionals in child sexual

exploitation and missing child case detection, identification,

investigation, and prevention;

(C) disseminated 15,491,344 free publications to citizens and

professionals; and

(D) worked with law enforcement on the cases of 59,481

missing children, resulting in the recovery of 40,180 children;

(15) the demand for the services of the Center is growing

dramatically, as evidenced by the fact that in 1997, the Center

handled 129,100 calls, an all-time record, and by the fact that

its new Internet website (www.missingkids.com) receives 1,500,000

"hits" every day, and is linked with hundreds of other websites

to provide real-time images of breaking cases of missing

children;

(16) in 1997, the Center provided policy training to 256 police

chiefs and sheriffs from 50 States and Guam at its new Jimmy Ryce

Law Enforcement Training Center;

(17) the programs of the Center have had a remarkable impact,

such as in the fight against infant abductions in partnership

with the healthcare industry, during which the Center has

performed 668 onsite hospital walk-throughs and inspections, and

trained 45,065 hospital administrators, nurses, and security

personnel, and thereby helped to reduce infant abductions in the

United States by 82 percent;

(18) the Center is now playing a significant role in

international child abduction cases, serving as a representative

of the Department of State at cases under The Hague Convention,

and successfully resolving the cases of 343 international child

abductions, and providing greater support to parents in the

United States;

(19) the Center is a model of public/private partnership,

raising private sector funds to match congressional

appropriations and receiving extensive private in-kind support,

including advanced technology provided by the computer industry

such as imaging technology used to age the photographs of

long-term missing children and to reconstruct facial images of

unidentified deceased children;

(20) the Center was 1 of only 10 of 300 major national

charities given an A+ grade in 1997 by the American Institute of

Philanthropy; and

(21) the Center has been redesignated as the Nation's missing

children clearinghouse and resource center once every 3 years

through a competitive selection process conducted by the Office

of Juvenile Justice and Delinquency Prevention of the Department

of Justice, and has received grants from that Office to conduct

the crucial purposes of the Center.

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 402, as added Pub. L. 98-473, title

II, Sec. 660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 106-71,

Sec. 2(a), Oct. 12, 1999, 113 Stat. 1032.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in par. (9)(A), was in the original

"Missing Children's Assistance Act of 1984" and was translated as

meaning the "Missing Children's Assistance Act", which enacted this

subchapter, to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 402 of Pub. L. 93-415 amended section 3888 of

this title and repealed section 3889 of this title, and was

repealed by Pub. L. 95-115, Sec. 10, Oct. 3, 1977, 91 Stat. 1061,

and Pub. L. 107-273, div. C, title II, Sec. 12221(a)(4), Nov. 2,

2002, 116 Stat. 1894.

AMENDMENTS

1999 - Pars. (9) to (21). Pub. L. 106-71 added pars. (9) to (21).

EFFECTIVE DATE

Subchapter effective Oct. 12, 1984, see section 670(a) of Pub. L.

98-473, set out as an Effective Date of 1984 Amendment note under

section 5601 of this title.

SHORT TITLE

For short title of title IV of Pub. L. 93-415, which enacted this

subchapter, as the "Missing Children's Assistance Act", see section

401 of Pub. L. 93-415, as added by Pub. L. 98-473, set out as a

note under section 5601 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5772 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5772. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) the term "missing child" means any individual less than 18

years of age whose whereabouts are unknown to such individual's

legal custodian if -

(A) the circumstances surrounding such individual's

disappearance indicate that such individual may possibly have

been removed by another from the control of such individual's

legal custodian without such custodian's consent; or

(B) the circumstances of the case strongly indicate that such

individual is likely to be abused or sexually exploited;

(2) the term "Administrator" means the Administrator of the

Office of Juvenile Justice and Delinquency Prevention; and

(3) the term "Center" means the National Center for Missing and

Exploited Children.

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 403, as added Pub. L. 98-473, title

II, Sec. 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 106-71,

Sec. 2(b), Oct. 12, 1999, 113 Stat. 1034.)

-MISC1-

PRIOR PROVISIONS

A prior section 403 of Pub. L. 93-415 amended section 3883 of

this title, and was repealed by Pub. L. 95-115, Sec. 10, Oct. 3,

1977, 91 Stat. 1061, and Pub. L. 107-273, div. C, title II, Sec.

12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.

AMENDMENTS

1999 - Par. (3). Pub. L. 106-71 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5775 of this title.

-End-

-CITE-

42 USC Sec. 5773 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5773. Duties and functions of the Administrator

-STATUTE-

(a) Description of activities

The Administrator shall -

(1) issue such rules as the Administrator considers necessary

or appropriate to carry out this subchapter;

(2) make such arrangements as may be necessary and appropriate

to facilitate effective coordination among all federally funded

programs relating to missing children (including the preparation

of an annual comprehensive plan for facilitating such

coordination);

(3) provide for the furnishing of information derived from the

national toll-free telephone line, established under subsection

(b)(1) of this section, to appropriate entities;

(4) provide adequate staff and agency resources which are

necessary to properly carry out the responsibilities pursuant to

this subchapter; and

(5) not later than 180 days after the end of each fiscal year,

submit a report to the President, Speaker of the House of

Representatives, and the President pro tempore of the Senate -

(A) containing a comprehensive plan for facilitating

cooperation and coordination in the succeeding fiscal year

among all agencies and organizations with responsibilities

related to missing children;

(B) identifying and summarizing effective models of Federal,

State, and local coordination and cooperation in locating and

recovering missing children;

(C) identifying and summarizing effective program models that

provide treatment, counseling, or other aid to parents of

missing children or to children who have been the victims of

abduction;

(D) describing how the Administrator satisfied the

requirements of paragraph (4) in the preceding fiscal year;

(E) describing in detail the number and types of telephone

calls received in the preceding fiscal year over the national

toll-free telephone line established under subsection (b)(1)(A)

of this section and the number and types of communications

referred to the national communications system established

under section 5714-11 of this title;

(F) describing in detail the activities in the preceding

fiscal year of the national resource center and clearinghouse

established under subsection (b)(2) of this section;

(G) describing all the programs for which assistance was

provided under section 5775 of this title in the preceding

fiscal year;

(H) summarizing the results of all research completed in the

preceding year for which assistance was provided at any time

under this subchapter; and

(I)(i) identifying each clearinghouse with respect to which

assistance is provided under section 5775(a)(9) of this title

in the preceding fiscal year;

(ii) describing the activities carried out by such

clearinghouse in such fiscal year;

(iii) specifying the types and amounts of assistance (other

than assistance under section 5775(a)(9) of this title)

received by such clearinghouse in such fiscal year; and

(iv) specifying the number and types of missing children

cases handled (and the number of such cases resolved) by such

clearinghouse in such fiscal year and summarizing the

circumstances of each such cases.(!1)

(b) Annual grant to National Center for Missing and Exploited

Children

(1) In general

The Administrator shall annually make a grant to the Center,

which shall be used to -

(A)(i) operate a national 24-hour toll-free telephone line by

which individuals may report information regarding the location

of any missing child, or other child 13 years of age or younger

whose whereabouts are unknown to such child's legal custodian,

and request information pertaining to procedures necessary to

reunite such child with such child's legal custodian; and

(ii) coordinate the operation of such telephone line with the

operation of the national communications system referred to in

part C of subchapter III of this chapter;

(B) operate the official national resource center and

information clearinghouse for missing and exploited children;

(C) provide to State and local governments, public and

private nonprofit agencies, and individuals, information

regarding -

(i) free or low-cost legal, restaurant, lodging, and

transportation services that are available for the benefit of

missing and exploited children and their families; and

(ii) the existence and nature of programs being carried out

by Federal agencies to assist missing and exploited children

and their families;

(D) coordinate public and private programs that locate,

recover, or reunite missing children with their families;

(E) disseminate, on a national basis, information relating to

innovative and model programs, services, and legislation that

benefit missing and exploited children;

(F) provide technical assistance and training to law

enforcement agencies, State and local governments, elements of

the criminal justice system, public and private nonprofit

agencies, and individuals in the prevention, investigation,

prosecution, and treatment of cases involving missing and

exploited children; and

(G) provide assistance to families and law enforcement

agencies in locating and recovering missing and exploited

children, both nationally and internationally.

(2) Authorization of appropriations

There is authorized to be appropriated to the Administrator to

carry out this subsection, $10,000,000 for each of fiscal years

2000, 2001, 2002, and 2003.

(c) National incidence studies

The Administrator, either by making grants to or entering into

contracts with public agencies or nonprofit private agencies, shall

-

(1) periodically conduct national incidence studies to

determine for a given year the actual number of children reported

missing each year, the number of children who are victims of

abduction by strangers, the number of children who are the

victims of parental kidnapings, and the number of children who

are recovered each year; and

(2) provide to State and local governments, public and private

nonprofit agencies, and individuals information to facilitate the

lawful use of school records and birth certificates to identify

and locate missing children.

(d) Independent status of other Federal agencies

Nothing contained in this subchapter shall be construed to grant

to the Administrator any law enforcement responsibility or

supervisory authority over any other Federal agency.

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 404, as added Pub. L. 98-473, title

II, Sec. 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L.

100-690, title VII, Sec. 7285, Nov. 18, 1988, 102 Stat. 4459; Pub.

L. 101-204, title X, Sec. 1004(2), Dec. 7, 1989, 103 Stat. 1828;

Pub. L. 106-71, Sec. 2(c), Oct. 12, 1999, 113 Stat. 1034; Pub. L.

107-273, div. C, title II, Sec. 12221(b)(2), Nov. 2, 2002, 116

Stat. 1894.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 93-415 amended section 3882 of

this title, and was repealed by Pub. L. 95-115, Sec. 10, Oct. 3,

1977, 91 Stat. 1061, and Pub. L. 107-273, div. C, title II, Sec.

12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.

AMENDMENTS

2002 - Subsec. (a)(5)(E). Pub. L. 107-273 substituted "section

5714-11" for "section 5712a".

1999 - Subsecs. (b) to (d). Pub. L. 106-71 added subsecs. (b) and

(c), redesignated former subsec. (c) as (d), and struck out former

subsec. (b) which related to the establishment of toll-free

telephone line and national resource center and clearinghouse,

conduct of national incidence studies, and use of school records

and birth certificates.

1989 - Subsec. (a)(5)(C). Pub. L. 101-204, Sec. 1004(2)(A),

substituted semicolon for comma at end.

Subsec. (b)(2)(A). Pub. L. 101-204, Sec. 1004(2)(B), inserted

"to" before "provide to State".

1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 7285(a)(1), struck

out "law enforcement" before "entities".

Subsec. (a)(4). Pub. L. 100-690, Sec. 7285(a)(2), inserted "and"

at end.

Subsec. (a)(5). Pub. L. 100-690, Sec. 7285(a)(3), amended par.

(5) generally. Prior to amendment, par. (5) read as follows:

"analyze, compile, publish, and disseminate an annual summary of

recently completed research, research being conducted, and Federal,

State, and local demonstration projects relating to missing

children with particular emphasis on -

"(A) effective models of local, State, and Federal coordination

and cooperation in locating missing children;

"(B) effective programs designed to promote community awareness

of the problem of missing children;

"(C) effective programs to prevent the abduction and sexual

exploitation of children (including parent, child, and community

education); and

"(D) effective program models which provide treatment,

counseling, or other aid to parents of missing children or to

children who have been the victims of abduction or sexual

exploitation; and".

Subsec. (a)(6). Pub. L. 100-690, Sec. 7285(a)(4), struck out par.

(6), which read as follows: "prepare, in conjunction with and with

the final approval of the Advisory Board on Missing Children, an

annual comprehensive plan for facilitating cooperation and

coordination among all agencies and organizations with

responsibilities related to missing children."

Subsec. (b)(1). Pub. L. 100-690, Sec. 7285(b)(1), designated

existing provisions as subpar. (A), inserted "24-hour" after

"national" and "and" at end, and added subpar. (B).

Subsec. (b)(2)(A). Pub. L. 100-690, Sec. 7285(b)(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "to provide technical assistance to local and State

governments, public and private nonprofit agencies, and individuals

in locating and recovering missing children;".

Subsec. (b)(2)(D). Pub. L. 100-690, Sec. 7285(b)(2)(B), inserted

"and training" after "assistance" and "and in locating and

recovering missing children" before semicolon.

Subsec. (b)(4). Pub. L. 100-690, Sec. 7285(b)(3), (4), added par.

(4).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, with the

report required by subsec. (a)(5) of this section with respect to

fiscal year 1988 to be submitted not later than Aug. 1, 1989,

notwithstanding the 180-day period provided in subsec. (a)(5) of

this section, see section 7296(a), (b)(3) of Pub. L. 100-690, as

amended, set out as a note under section 5601 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a)(5) of this section relating to submittal of annual report to

the Speaker of the House of Representatives and the President pro

tempore of the Senate, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 2nd item on page 122 of House Document No.

103-7.

-FOOTNOTE-

(!1) So in original. Probably should be "case."

-End-

-CITE-

42 USC Sec. 5774 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5774. Repealed. Pub. L. 100-690, title VII, Sec. 7286, Nov.

18, 1988, 102 Stat. 4460

-MISC1-

Section, Pub. L. 93-415, title IV, Sec. 405, as added Pub. L.

98-473, title II, Sec. 660, Oct. 12, 1984, 98 Stat. 2127, provided

for an Advisory Board on Missing Children.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1988, see section 7296(a) of Pub. L.

100-690, set out as an Effective Date of 1988 Amendment note under

section 5601 of this title.

-End-

-CITE-

42 USC Sec. 5775 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5775. Grants

-STATUTE-

(a) Authority of Administrator; description of research,

demonstration projects, and service programs

The Administrator is authorized to make grants to and enter into

contracts with the Center and with public agencies or nonprofit

private organizations, or combinations thereof, for research,

demonstration projects, or service programs designed -

(1) to educate parents, children, and community agencies and

organizations in ways to prevent the abduction and sexual

exploitation of children;

(2) to provide information to assist in the locating and return

of missing children;

(3) to aid communities in the collection of materials which

would be useful to parents in assisting others in the

identification of missing children;

(4) to increase knowledge of and develop effective treatment

pertaining to the psychological consequences, on both parents and

children, of -

(A) the abduction of a child, both during the period of

disappearance and after the child is recovered; and

(B) the sexual exploitation of a missing child;

(5) to collect detailed data from selected States or localities

on the actual investigative practices utilized by law enforcement

agencies in missing children's cases;

(6) to address the particular needs of missing children by

minimizing the negative impact of judicial and law enforcement

procedures on children who are victims of abuse or sexual

exploitation and by promoting the active participation of

children and their families in cases involving abuse or sexual

exploitation of children;

(7) to address the needs of missing children (as defined in

section 5772(1)(A) of this title) and their families following

the recovery of such children;

(8) to reduce the likelihood that individuals under 18 years of

age will be removed from the control of such individuals' legal

custodians without such custodians' consent; and

(9) to establish or operate statewide clearinghouses to assist

in locating and recovering missing children.

(b) Priorities of grant applicants

In considering grant applications under this subchapter, the

Administrator shall give priority to applicants who -

(1) have demonstrated or demonstrate ability in -

(A) locating missing children or locating and reuniting

missing children with their legal custodians;

(B) providing other services to missing children or their

families; or

(C) conducting research relating to missing children; and

(2) with respect to subparagraphs (A) and (B) of paragraph (1),

substantially utilize volunteer assistance.

The Administrator shall give first priority to applicants

qualifying under subparagraphs (A) and (B) of paragraph (1).

(c) Non-Federal fund expenditures requisite for receipt of Federal

assistance

In order to receive assistance under this subchapter for a fiscal

year, applicants shall give assurance that they will expend, to the

greatest extent practicable, for such fiscal year an amount of

funds (without regard to any funds received under any Federal law)

that is not less than the amount of funds they received in the

preceding fiscal year from State, local, and private sources.

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 405, formerly Sec. 406, as added

Pub. L. 98-473, title II, Sec. 660, Oct. 12, 1984, 98 Stat. 2128;

renumbered Sec. 405 and amended Pub. L. 100-690, title VII, Secs.

7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L.

101-204, title X, Sec. 1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub.

L. 106-71, Sec. 2(d), Oct. 12, 1999, 113 Stat. 1035.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 93-415 was classified to section

5774 of this title prior to repeal by Pub. L. 100-690, title VII,

Sec. 7286, Nov. 18, 1988, 102 Stat. 4460.

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-71 inserted "the Center and with"

before "public agencies" in introductory provisions.

1989 - Subsec. (a)(9). Pub. L. 101-204 substituted

"clearinghouses" for "clearinghouse".

1988 - Subsec. (a)(7) to (9). Pub. L. 100-690, Sec. 7287, added

pars. (7) to (9).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5773, 5776 of this title.

-End-

-CITE-

42 USC Sec. 5776 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5776. Criteria for grants

-STATUTE-

(a) Establishment of priorities and criteria; publication in

Federal Register

In carrying out the programs authorized by this subchapter, the

Administrator shall establish -

(1) annual research, demonstration, and service program

priorities for making grants and contracts pursuant to section

5775 of this title; and

(2) criteria based on merit for making such grants and

contracts.

Not less than 60 days before establishing such priorities and

criteria, the Administrator shall publish in the Federal Register

for public comment a statement of such proposed priorities and

criteria.

(b) Competitive selection process for grant or contract exceeding

$50,000

No grant or contract exceeding $50,000 shall be made under this

subchapter unless the grantee or contractor has been selected by a

competitive process which includes public announcement of the

availability of funds for such grant or contract, general criteria

for the selection of recipients or contractors, and a description

of the application process and application review process.

(c) Multiple grants or contracts to same grantee or contractor

Multiple grants or contracts to the same grantee or contractor

within any 1 year to support activities having the same general

purpose shall be deemed to be a single grant for the purpose of

this subsection, but multiple grants or contracts to the same

grantee or contractor to support clearly distinct activities shall

be considered separate grants or contractors.(!1)

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 406, formerly Sec. 407, as added

Pub. L. 98-473, title II, Sec. 660, Oct. 12, 1984, 98 Stat. 2129;

renumbered Sec. 406 and amended Pub. L. 100-690, title VII, Secs.

7288, 7290, Nov. 18, 1988, 102 Stat. 4461.)

-MISC1-

PRIOR PROVISIONS

A prior section 406 of Pub. L. 93-415 was renumbered section 405

and is classified to section 5775 of this title.

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 7290(b), which purported to make

technical amendment to reference to section 5775 of this title to

reflect renumbering of corresponding section of original act, could

not be executed to text because of general amendment of section by

Pub. L. 100-690, Sec. 7288, see below.

Pub. L. 100-690, Sec. 7288, amended section generally. Prior to

amendment, section read as follows: "The Administrator, in

consultation with the Advisory Board, shall establish annual

research, demonstration, and service program priorities for making

grants and contracts pursuant to section 5775 of this title and,

not less than 60 days before establishing such priorities, shall

publish in the Federal Register for public comment a statement of

such proposed priorities."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "contracts."

-End-

-CITE-

42 USC Sec. 5776a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5776a. Repealed. Pub. L. 105-314, title VII, Sec. 703(g), Oct.

30, 1998, 112 Stat. 2989

-MISC1-

Section, Pub. L. 93-415, title IV, Sec. 407, as added Pub. L.

103-322, title XVII, Sec. 170303(2), Sept. 13, 1994, 108 Stat.

2043, related to establishment of a Missing and Exploited

Children's Task Force. Pub. L. 105-314, title VII, Sec. 703(g),

Oct. 30, 1998, 112 Stat. 2989, repealed subtitle C (Secs.

170301-170303) of title XVII of Pub. L. 103-322 which enacted this

section, and this section is shown as repealed to reflect the

probable intent of Congress.

PURPOSE

Section 170302 of title XVII of Pub. L. 103-322 provided that the

purpose of subtitle C (Secs. 170301-170303) of title XVII of Pub.

L. 103-322, which enacted this section, amended sections 5777 and

5778 of this title, and enacted provisions set out as a note under

section 5601 of this title, was to establish a task force comprised

of law enforcement officers from pertinent Federal agencies to work

with the National Center for Missing and Exploited Children and

coordinate the provision of Federal law enforcement resources to

assist State and local authorities in investigating the most

difficult cases of missing and exploited children, prior to repeal

by Pub. L. 105-314, title VII, Sec. 703(g), Oct. 30, 1998, 112

Stat. 2989.

-End-

-CITE-

42 USC Sec. 5777 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5777. Authorization of appropriations

-STATUTE-

(a) In general

To carry out the provisions of this subchapter, there are

authorized to be appropriated such sums as may be necessary for

fiscal years 2000 through 2003.

(b) Evaluation

The Administrator may use not more than 5 percent of the amount

appropriated for a fiscal year under subsection (a) of this section

to conduct an evaluation of the effectiveness of the programs and

activities established and operated under this subchapter.

-SOURCE-

(Pub. L. 93-415, title IV, Sec. 407, formerly Sec. 408, as added

Pub. L. 98-473, title II, Sec. 660, Oct. 12, 1984, 98 Stat. 2129;

renumbered Sec. 407 and amended Pub. L. 100-690, title VII, Secs.

7289, 7290(a), Nov. 18, 1988, 102 Stat. 4461; Pub. L. 101-204,

title X, Sec. 1001(e)(3), Dec. 7, 1989, 103 Stat. 1827; Pub. L.

102-586, Sec. 4, Nov. 4, 1992, 106 Stat. 5027; renumbered Sec. 408,

Pub. L. 103-322, title XVII, Sec. 170303(1), Sept. 13, 1994, 108

Stat. 2043; Pub. L. 104-235, title II, Sec. 231(a), Oct. 3, 1996,

110 Stat. 3092; renumbered Sec. 407, Pub. L. 105-314, title VII,

Sec. 703(g), Oct. 30, 1998, 112 Stat. 2989; Pub. L. 106-71, Sec.

2(e), Oct. 12, 1999, 113 Stat. 1035.)

-COD-

CODIFICATION

Section 703(g) of Pub. L. 105-314 repealed subtitle C (Secs.

170301-170303) of title XVII of Pub. L. 103-322 which renumbered

this section as section 408 of Pub. L. 93-415. This repeal was

executed by renumbering this section as section 407 of Pub. L.

93-415 to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 407 of Pub. L. 93-415 was classified to section

5776a of this title prior to repeal by Pub. L. 105-314, Sec.

703(g).

Another prior section 407 of Pub. L. 93-415 was renumbered

section 406 of Pub. L. 93-415 and is classified to section 5776 of

this title.

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-71, which directed the

substitution of "2000 through 2003" for "1997 through 2001" in

section 408 of Pub. L. 93-415, was executed by making the

substitution in subsec. (a) of this section, to reflect the

probable intent of Congress. See Codification note above.

1996 - Pub. L. 104-235 designated existing provisions as subsec.

(a), inserted heading, substituted "1997 through 2001" for "1993,

1994, 1995, and 1996", and added subsec. (b).

1992 - Pub. L. 102-586 substituted "fiscal years 1993, 1994,

1995, and 1996" for "fiscal years 1989, 1990, 1991, and 1992".

1989 - Pub. L. 101-204 amended directory language of Pub. L.

100-690, Sec. 7289(3), see 1988 Amendment note below.

1988 - Pub. L. 100-690, Sec. 7289, as amended by Pub. L. 101-204,

struck out "$10,000,000 for fiscal year 1985, and" after

"appropriated" and "1986, 1987, and 1988" after "fiscal years" and

inserted "1989, 1990, 1991, and 1992".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

this title.

-End-

-CITE-

42 USC Sec. 5778 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5778. Repealed. Pub. L. 104-235, title II, Sec. 231(b), Oct.

3, 1996, 110 Stat. 3092

-MISC1-

Section, Pub. L. 93-415, title IV, Sec. 409, formerly Sec. 408,

as added Pub. L. 100-690, title VII, Sec. 7291, Nov. 18, 1988, 102

Stat. 4461; renumbered Sec. 409, Pub. L. 103-322, title XVII, Sec.

170303(1), Sept. 13, 1994, 108 Stat. 2043, related to special study

and report to determine obstacles that prevent or impede

individuals who have legal custody of children from recovering

children from parents who have removed children from such

individuals in violation of law.

-End-

-CITE-

42 USC Sec. 5779 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5779. Reporting requirement

-STATUTE-

(a) In general

Each Federal, State, and local law enforcement agency shall

report each case of a missing child under the age of 18 reported to

such agency to the National Crime Information Center of the

Department of Justice.

(b) Guidelines

The Attorney General may establish guidelines for the collection

of such reports including procedures for carrying out the purposes

of this section and section 5780 of this title.(!1)

(c) Annual summary

The Attorney General shall publish an annual statistical summary

of the reports received under this section and section 5780 of this

title.

-SOURCE-

(Pub. L. 101-647, title XXXVII, Sec. 3701, Nov. 29, 1990, 104 Stat.

4966.)

-REFTEXT-

REFERENCES IN TEXT

This section and section 5780 of this title, referred to in

subsec. (b), was in the original "this Act", and was translated as

reading "this title", meaning title XXXVII of Pub. L. 101-647,

which enacted this section and section 5780 of this title, to

reflect the probable intent of Congress.

-COD-

CODIFICATION

Section was enacted as part of the Crime Control Act of 1990, and

not as part of the Missing Children's Assistance Act which

comprises this subchapter, nor as part of the Juvenile Justice and

Delinquency Prevention Act of 1974 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5780 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5780 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER IV - MISSING CHILDREN

-HEAD-

Sec. 5780. State requirements

-STATUTE-

Each State reporting under the provisions of this section and

section 5779 of this title shall -

(1) ensure that no law enforcement agency within the State

establishes or maintains any policy that requires the observance

of any waiting period before accepting a missing child or

unidentified person report;

(2) provide that each such report and all necessary and

available information, which, with respect to each missing child

report, shall include -

(A) the name, date of birth, sex, race, height, weight, and

eye and hair color of the child;

(B) the date and location of the last known contact with the

child; and

(C) the category under which the child is reported missing;

is entered immediately into the State law enforcement system and

the National Crime Information Center computer networks and made

available to the Missing Children Information Clearinghouse

within the State or other agency designated within the State to

receive such reports; and

(3) provide that after receiving reports as provided in

paragraph (2), the law enforcement agency that entered the report

into the National Crime Information Center shall -

(A) no later than 60 days after the original entry of the

record into the State law enforcement system and National Crime

Information Center computer networks, verify and update such

record with any additional information, including, where

available, medical and dental records;

(B) institute or assist with appropriate search and

investigative procedures; and

(C) maintain close liaison with the National Center for

Missing and Exploited Children for the exchange of information

and technical assistance in the missing children cases.

-SOURCE-

(Pub. L. 101-647, title XXXVII, Sec. 3702, Nov. 29, 1990, 104 Stat.

4967.)

-COD-

CODIFICATION

Section was enacted as part of the Crime Control Act of 1990, and

not as part of the Missing Children's Assistance Act which

comprises this subchapter, nor as part of the Juvenile Justice and

Delinquency Prevention Act of 1974 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5779 of this title.

-End-

-CITE-

42 USC SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL

DELINQUENCY PREVENTION PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-HEAD-

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5671 of this title.

-COD-

CODIFICATION

Title V of the Juvenile Justice and Delinquency Prevention Act of

1974, comprising this subchapter, was originally added to Pub. L.

93-415 by Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027,

and amended by Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681.

Title V is shown herein, however, as having been added by Pub. L.

107-273, div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat.

1894, without reference to the intervening amendments because of

the extensive revision of the title's provisions by Pub. L.

107-273.

Another title V of the Juvenile Justice and Delinquency

Prevention Act of 1974, Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1133, enacted chapter 319 and sections 5038 to 5042 of Title

18, Crimes and Criminal Procedure, and sections 3772 to 3774 of

this title, and amended sections 5031 to 5038 of Title 18 and

sections 3701, 3723, 3733, 3768 of this title. For complete

classification of that title V to the Code, see Tables.

-End-

-CITE-

42 USC Sec. 5781 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-HEAD-

Sec. 5781. Definition

-STATUTE-

In this subchapter, the term "State advisory group" means the

advisory group appointed by the chief executive officer of a State

under a plan described in section 5633(a) of this title.

-SOURCE-

(Pub. L. 93-415, title V, Sec. 502, as added Pub. L. 107-273, div.

C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat. 1894.)

-COD-

CODIFICATION

Another section 502 of Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1134, amended section 5032 of Title 18, Crimes and Criminal

Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 5781, Pub. L. 93-415, title V, Sec. 502, as added

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, related

to findings, prior to the general amendment of this subchapter by

Pub. L. 107-273.

EFFECTIVE DATE

Pub. L. 107-273, div. C, title II, Sec. 12222(b), Nov. 2, 2002,

116 Stat. 1896, provided that: "The amendment made by subsection

(a) [enacting sections 5781 to 5784 of this title and provisions

set out as a note under section 5601 of this title] shall take

effect on October 1, 2002, and shall not apply with respect to

grants made before such date."

SHORT TITLE

For short title of title V of Pub. L. 93-415, which enacted this

subchapter, as the "Incentive Grants for Local Delinquency

Prevention Programs Act of 2002", see section 501 of Pub. L.

93-415, as added by Pub. L. 107-273, set out as a note under

section 5601 of this title.

GAO STUDIES AND REPORTS

Section 5(b) of Pub. L. 102-586, as amended by Pub. L. 104-316,

title I, Sec. 122(n), Oct. 19, 1996, 110 Stat. 3838, provided that:

"Under such conditions as the Comptroller General of the United

States determines appropriate, the General Accounting Office may

conduct studies and report to Congress on the effects of the

program established by subsection (a) [enacting former subchapter V

of this chapter] in encouraging States and units of general local

government to comply with the requirements of part B of title II of

the Juvenile Justice and Delinquency Prevention Act of 1974 (42

U.S.C. 5631-5633)."

-End-

-CITE-

42 USC Sec. 5782 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-HEAD-

Sec. 5782. Duties and functions of the Administrator

-STATUTE-

The Administrator shall -

(1) issue such rules as are necessary or appropriate to carry

out this subchapter;

(2) make such arrangements as are necessary and appropriate to

facilitate coordination and policy development among all

activities funded through the Department of Justice relating to

delinquency prevention (including the preparation of an annual

comprehensive plan for facilitating such coordination and policy

development);

(3) provide adequate staff and resources necessary to properly

carry out this subchapter; and

(4) not later than 180 days after the end of each fiscal year,

submit a report to the chairman of the Committee on Education and

the Workforce of the House of Representatives and the chairman of

the Committee on the Judiciary of the Senate -

(A) describing activities and accomplishments of grant

activities funded under this subchapter;

(B) describing procedures followed to disseminate grant

activity products and research findings;

(C) describing activities conducted to develop policy and to

coordinate Federal agency and interagency efforts related to

delinquency prevention; and

(D) identifying successful approaches and making

recommendations for future activities to be conducted under

this subchapter.

-SOURCE-

(Pub. L. 93-415, title V, Sec. 503, as added Pub. L. 107-273, div.

C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat. 1894.)

-COD-

CODIFICATION

Another section 503 of Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1135, amended section 5033 of Title 18, Crimes and Criminal

Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 5782, Pub. L. 93-415, title V, Sec. 503, as added

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, defined

"State advisory group", prior to the general amendment of this

subchapter by Pub. L. 107-273.

-End-

-CITE-

42 USC Sec. 5783 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-HEAD-

Sec. 5783. Grants for delinquency prevention programs

-STATUTE-

(a) Purposes

The Administrator may make grants to a State, to be transmitted

through the State advisory group to units of local government that

meet the requirements of subsection (b) of this section, for

delinquency prevention programs and activities for juveniles who

have had contact with the juvenile justice system or who are likely

to have contact with the juvenile justice system, including the

provision to juveniles and their families of -

(1) alcohol and substance abuse prevention services;

(2) tutoring and remedial education, especially in reading and

mathematics;

(3) child and adolescent health and mental health services;

(4) recreation services;

(5) leadership and youth development activities;

(6) the teaching that people are and should be held accountable

for their actions;

(7) assistance in the development of job training skills; and

(8) other data-driven evidence based prevention programs.

(b) Eligibility

The requirements of this subsection are met with respect to a

unit of general local government if -

(1) the unit is in compliance with the requirements of part B

of subchapter II of this chapter;

(2) the unit has submitted to the State advisory group a

minimum 3-year comprehensive plan outlining the unit's local

front end plans for investment for delinquency prevention and

early intervention activities;

(3) the unit has included in its application to the

Administrator for formula grant funds a summary of the minimum

3-year comprehensive plan described in paragraph (2);

(4) pursuant to its minimum 3-year comprehensive plan, the unit

has appointed a local policy board of not fewer than 15 and not

more than 21 members, with balanced representation of public

agencies and private nonprofit organizations serving juveniles,

their families, and business and industry;

(5) the unit has, in order to aid in the prevention of

delinquency, included in its application a plan for the

coordination of services to at-risk juveniles and their families,

including such programs as nutrition, energy assistance, and

housing;

(6) the local policy board is empowered to make all

recommendations for distribution of funds and evaluation of

activities funded under this subchapter; and

(7) the unit or State has agreed to provide a 50 percent match

of the amount of the grant, including the value of in-kind

contributions, to fund the activity.

(c) Priority

In considering grant applications under this section, the

Administrator shall give priority to applicants that demonstrate

ability in -

(1) plans for service and agency coordination and collaboration

including the colocation of services;

(2) innovative ways to involve the private nonprofit and

business sector in delinquency prevention activities;

(3) developing or enhancing a statewide subsidy program to

local governments that is dedicated to early intervention and

delinquency prevention;

(4) coordinating and collaborating with programs established in

local communities for delinquency prevention under part C of

subchapter II of this chapter;(!1) and

(5) developing data-driven prevention plans, employing

evidence-based prevention strategies, and conducting program

evaluations to determine impact and effectiveness.

-SOURCE-

(Pub. L. 93-415, title V, Sec. 504, as added Pub. L. 107-273, div.

C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat. 1895.)

-REFTEXT-

REFERENCES IN TEXT

Part C of subchapter II of this chapter, referred to in subsec.

(c)(4), was in the original "part C of this subtitle", and was

translated as reading "part C of title II", meaning part C of title

II of Pub. L. 93-415, to reflect the probable intent of Congress.

Title V of Pub. L. 93-415 does not contain parts or subtitles.

-COD-

CODIFICATION

Another section 504 of Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1135, amended section 5034 of Title 18, Crimes and Criminal

Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 5783, Pub. L. 93-415, title V, Sec. 504, as added

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, set out

the duties and functions of the Administrator, prior to the general

amendment of this subchapter by Pub. L. 107-273.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5784 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SUBCHAPTER V - INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION

PROGRAMS

-HEAD-

Sec. 5784. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter such sums as may be necessary for fiscal years 2004,

2005, 2006, 2007, and 2008.

-SOURCE-

(Pub. L. 93-415, title V, Sec. 505, as added Pub. L. 107-273, div.

C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat. 1896.)

-COD-

CODIFICATION

Another section 505 of Pub. L. 93-415, title V, Sept. 7, 1974, 88

Stat. 1135, amended section 5035 of Title 18, Crimes and Criminal

Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 5784, Pub. L. 93-415, title V, Sec. 505, as added

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5028; amended

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 129(a)(2)(F)],

Oct. 21, 1998, 112 Stat. 2681-50, 2681-76, related to grants for

prevention programs, prior to the general amendment of this

subchapter by Pub. L. 107-273.

A prior section 5785, Pub. L. 93-415, title V, Sec. 506, as added

Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5029,

authorized appropriations, prior to the general amendment of this

subchapter by Pub. L. 107-273.

-End-