Juvenile Justice and Delinquency Prevention Act. JUVENILE JUSTICE AND DELINQUENCY PREVENTION SUBCHAPTER I--GENERALLY 42 U.S.C. 5601 Sec. 101. Congressional statement of findings (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. 42 U.S.C. 5602 Sec. 102. Congressional declaration of purpose and policy (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. 42 U.S.C. 5603 Sec. 103. Definitions 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 to help prevent juvenile delinquency; (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 Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (8) 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; (9) the term "combination" as applied to States or units of general 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, of any nonoffender, 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 uvenile who has been adjudicated as having committed an offense, any nonoffender, 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, 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; (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; (C) 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); (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-- (i) pending the filing of a charge of violating a criminal law; (ii) awaiting trial on a criminal charge; or (iii) convicted of violating a criminal law; and (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. PROGRAMS AND OFFICES TITLE II - SUBCHAPTER II JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE PART A 42 U.S.C. 5611 Sec. 201. Establishment (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 subchapter 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. 42 U.S.C. 5612. Sec. 202. Personnel (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. 42 U.S.C. 5613 Sec. 203. Voluntary and uncompensated services 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. 42 U.S.C. 5614 Sec. 204. Concentration of Federal efforts (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 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; (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 C and D of this subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D 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 C and D of this subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D of this subchapter; (6) provide for the auditing of monitoring systems required under section 5633(a)(15) of this title to review the adequacy of such systems; and (7) not later than 1 year after November 4, 1992, issue model standards for providing 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 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. (d) Delegation of functions. The Administrator may delegate any of the functions of the Administrator under this subchapter, to any officer or employee of the Office. (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. (h) 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. (i) Annual juvenile delinquency development statements of other agencies; procedure; contents; review by Administrator (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) of this subsection 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) of this subsection. 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. 42 U.S.C. 5615 Sec. 205. Joint funding; Non-Federal share requirements 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. 42 U.S.C. 5616 Sec. 206. Coordinating Council on Juvenile Justice and Delinquency Prevention (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 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 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 Labor 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. 42 U.S.C. 5617 Sec. 207. Annual report 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) 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 title, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles. SUBCHAPTER II--PROGRAMS AND OFFICES PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS 42 U.S.C. 5631 Sec.221. Authority to make grants and contracts (a) The Administrator is authorized to make grants to States and units of general 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 (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. 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. 42 U.S.C. 5632 Sec. 222. Allocation of funds (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 (other than parts D and E) 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 1992 except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, 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 1992, each. (B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter (other than part D) equals or exceeds $75,000,000, then the amount allocated to each State for such fiscal year shall be not less than $400,000, 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 in the full amounts authorized by section 5671(a)(1) and (3) of this title except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, 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 1992 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 1992, then the amounts allocated to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot to such State for the fiscal year the amount allocated to such State for fiscal year 1992. (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, the Trust Territory of the Pacific Islands, 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 allotment 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 allotment of such State shall be available for such purposes, except that any amount expended or obligated by such State, or by units of general 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 general local government or combinations thereof within the State on an equitable basis. (d) Minimum annual allotment for assistance of advisory group. In accordance with regulations promulgated under this part, 5 per centum of the minimum annual allotment to any State under this part shall be available to assist the advisory group established under section 5633(a)(3) of this title. 42 U.S.C. 5633 Sec. 223. State plans (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 and challenge activities subsequent to State participation in part E. 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, which-- (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 or the administration of juvenile justice; (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; (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 (12), (13), and (14) and with progress relating to challenge activities carried out pursuant to part E; 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; (ii) review progress and accomplishments of projects funded under the State plan. (4) provide for the active consultation with and participation of units of general local government or combinations thereof in the development of a State plan which adequately takes into account the needs and requests of local governments, 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, other than funds made available to the State advisory group under section 5632(d) of this title, shall be expended-- (A) through programs of units of general 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 general 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 (12)(A), (13), and (14), 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, (6) provide that the chief executive officer of the unit of general 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; (7) provide for an equitable distribution of the assistance received under section 5632 of this title within the State; (8)(A) provide 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 (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 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; (B) 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; (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; (9) 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; (10) 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 general 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, specifically-- (i) 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; (ii) for youth who need temporary placement: crisis intervention, shelter, and after-care; and (iii) 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) 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; (E) educational programs or supportive services for delinquent or other juveniles, provided equitably regardless of sex, race, or family income, designed to-- (i) 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 (ii) enhance 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) 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; (G) 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; (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 handicapped youth; (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) law-related education programs (and projects) for delinquent and at-risk youth designed to prevent juvenile delinquency; (L) 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; (v) a sense of closeness in interpersonal relationships; and (vi) 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; (M) 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, boot camps 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 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; (N) 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 (O) 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 cultural barriers that may prevent the complete treatment of such juveniles and the preservation of their families. (11) provide for the development of an adequate research, training, and evalution capacity within the State; (12)(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; (13) 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; (14) 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 non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within twenty-four hours 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; (15) provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to insure that the requirements of paragraph (12)(A), paragraph (13), and paragraph (14) 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 paragraph (12)(A) in paragraph (13), 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; (16) provide assurance that youth in the juvenile justice system are treated equitably on the basis of gender, race, family income, and mentally, emotionally, or physically handicapping conditions; (17) 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); (18) 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; (19) 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; (20) 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; (21) 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; (22) 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; (23) 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; (24) contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of the programs assisted under this subchapter; and (25) 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 1992, all of such excess shall be expended through or for programs that are part of a comprehensive and coordinated community system of services. (b) Approval by State criminal justice council. 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) Approval by Administrator; compliance with statutory requirements (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) of this section 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. (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 allotment under the provisions of section 5632(a) of this title, excluding funds the Administrator shall make available to satisfy the requirement specified in section 222(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 subsection (a)(12)(A), (13), (14) and (23) 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 subsection (a)(12)(A), (13), (14) and (23) of this of this section. SUBCHAPTER II--PROGRAMS AND OFFICES PART C--NATIONAL PROGRAMS SUBPART I--NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY 42 U.S.C. 5651 Sec. 241. Institute structure and operation (a) Establishment. There is hereby established within the Juvenile Justice and Delinquency Prevention Office a National Institute for Juvenile Justice and Delinquency Prevention. (b) Deputy Administrator as head; Administrator to supervise and direct. The National Institute for Juvenile Justice and Delinquency Prevention shall be under the supervision and direction of the Administrator. (c) Coordination of activities with National Institute of Justice. The activities of the National Institute for Juvenile Justice and Delinquency Prevention shall be coordinated with the activities of the National Institute of Justice in accordance with the requirements of section 5611(b) of this title. (d) Purpose of Institute. It shall be the purpose of the Institute to provide-- (1) a coordinating center for the collection, preparation, and dissemination of useful data regarding the prevention, treatment, and control of juvenile delinquency; and (2) appropriate training (including training designed to strengthen and maintain the family unit) for representatives of Federal, State, local law enforcement officers, teachers and special education personnel, recreation and park personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, probation personnel, prosecutors and defense attorneys, correctional personnel (including volunteer lay personnel), persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention, treatment, and control of juvenile delinquency. (e) Additional powers. In addition to the other powers, express and implied, the Institute may-- (1) request any Federal agency to supply such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions; (2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies; (3) confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other public or private local agencies; (4) make grants and enter into contracts with public or private agencies, organizations, or individuals, for the partial performance of any functions of the Institute; (5) compensate consultants and members of technical advisory councils who are not in the regular full-time employ of the United States, at a rate now or hereafter payable under section 5376 of Title 5 and while away from home, or regular place of business, they may be allowed travel expenses, including per diem in lieu ofsubsistence, as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently; and (6) assist, through training, the advisory groups established pursuant to section 5633(a)(3) of this title or comparable public or private citizen groups in nonparticipating States in the accomplishment of their objectives consistent with this subchapter. (f) National conference of member representatives from State advisory groups (1) The Administrator, acting through the Institute, shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under section 5633(a)(3) of this title to assist such organization to carry out the functions specified in paragraph (2). (2) 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 developed through the Institute and through programs funded under section 5665 of this title; (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. (g) Cooperation of other Federal agencies. Any Federal agency which receives a request from the Institute under subsection (e)(1) of this section may cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information and advice to the Institute. 42 U.S.C. 5652 Sec. 242. Information function of Institute The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, shall-- (1) on a continuing basis, review reports, data, and standards relating to the juvenile justice system in the United States; (2) serve as an information bank by collecting systematically and synthesizing the data and knowledge obtained from studies and research by public and private agencies, institutions, or individuals concerning all aspects of juvenile delinquency, including the prevention and treatment of juvenile delinquency; and (3) serve as a clearinghouse and information center for the preparation, publication, and dissemination of all information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (including drug and alcohol programs and gender-specific programs) and plans, availability of resources, training and educational programs, statistics, and other pertinent data and information. 42 U.S.C. 5653 Sec. 243. Research, demonstration, and evaluation functions of Institute (a) The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, is authorized to-- (1) conduct, encourage, and coordinate research and evaluation into any aspect of juvenile delinquency, particularly with regard to new programs and methods which seek to strengthen and preserve families or which show promise of making a contribution toward the prevention and treatment of juvenile delinquency; (2) encourage the development of demonstration projects in new, innovative techniques and methods to prevent and treat juvenile delinquency; (3) establish or expand 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, boot camps 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 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; (4) Encourage the development of programs which, in addition to helping youth take responsibility for their behavior, take into consideration life experiences which may have contributed to their delinquency when developing intervention and treatment programs; (5) encourage the development and establishment of programs to enhance the States' ability to identify chronic serious and violent juvenile offenders who commit crimes such as rape, murder, firearms offenses, gang-related crimes, violent felonies, and serious drug offenses; (5) provide for the evaluation of all juvenile delinquency programs assisted under this subchapter in order to determine the results and the effectiveness of such programs; **** Two (2) number (5) were enacted (6) provide for the evaluation of any other Federal, State, or local juvenile delinquency program; (7) prepare, in cooperation with educational institutions, with Federal, State, and local agencies, and with appropriate individuals and private agencies, such studies as it considers to be necessary with respect to the prevention and treatment of juvenile delinquency and the improvement of the juvenile justice system, including-- (A) recommendations designed to promote effective prevention and treatment, particularly by strengthening and maintaining the family unit; (B) assessments regarding the role of family violence, sexual abuse or exploitation, media violence, the improper handling of youth placed in one State by another State, the effectiveness of family-centered treatment programs, special education, remedial education, and recreation, and the extent to which youth in the juvenile system are treated differently on the basis of sex, race, or family income and the ramifications of such treatment; (C) examinations of the treatment of juveniles processed in the criminal justice system; and (D) recommendations as to effective means for detering [FN1] involvement in illegal activities or promoting involvement in lawful activities (including the productive use of discretionary time through organized recreational [FN2] on the part of gangs whose membership is substantially composed of juveniles; (8) disseminate the results of such evaluations and research and demonstration activities particularly to persons actively working in the field of juvenile delinquency; (9) disseminate pertinent data and studies to individuals, agencies, and organizations concerned with the prevention and treatment of juvenile delinquency; (10) develop and support model State legislation consistent with the mandates of this subchapter and the standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before October 12, 1984; (11) support research relating to reducing the excessive proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups; and (12) support independent and collaborative research, research training, and consultation on social, psychological, educational, economic, and legal issues affecting children and families; (13) support research related to achieving a better understanding of the commission of hate crimes by juveniles and designed to identify educational programs best suited to prevent and reduce the incidence of hate crimes committed by juveniles; and (14) routinely collect, analyze, compile, publish, and disseminate uniform national statistics concerning-- (A) all aspects of juveniles as victims and offenders; (B) the processing and treatment, in the juvenile justice system, of juveniles who are status offenders, delinquent, neglected, or abused; and (C) the processing and treatment of such juveniles who are treated as adults for purposes of the criminal justice system. (b) The Administrator shall make available to the public-- (1) the results of evaluations and research and demonstration activities referred to in subsection (a)(8) of this section; and (2) the data and studies referred to in subsection (a)(9) of this section; that the Administrator is authorized to disseminate under subsection (a) of this section. [FN1] So in original. [FN2] So in original. Probably should be "recreational activities)". 42 U.S.C. 5654 Sec. 244. Technical assistance and training functions The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention is authorized to-- (1) provide technical assistance and training assistance to Federal, State, and local governments and to courts, public and private agencies, institutions, and individuals in the planning, establishment, funding, operation, and evaluation of juvenile delinquency programs; (2) develop, conduct, and provide for training programs for the training of professional, paraprofessional, and volunteer personnel, and other persons who are working with or preparing to work with juveniles, juvenile offenders (including juveniles who commit hate crimes), and their families; (3) develop, conduct, and provide for seminars, workshops, and training programs in the latest proven effective techniques and methods of preventing and treating juvenile delinquency for law enforcement officers, juvenile judges, prosecutors and defense attorneys, and other court personnel, probation officers, correctional personnel, and other Federal, State, and local government personnel who are engaged in work relating to juvenile delinquency; (4) develop technical training teams to aid in the development of training programs in the States and to assist State and local agencies which work directly with juveniles and juvenile offenders; and (5) provide technical assistance and training to assist States and units of general local government to adopt the model standards issued under section 5614(b)(7) of this title. 42 U.S.C. 5659 Sec. 245. Training program; establishment; purpose; utilization of State and local facilities, personnel, etc.; enrollees (a) The Administrator shall establish within the Institute a training program designed to train enrollees with respect to methods and techniques for the prevention and treatment of juvenile delinquency, including methods and techniques specifically designed to prevent and reduce the incidence of hate crimes committed by juveniles. In carrying out this program the Administrator is authorized to make use of available State and local services, equipment, personnel, facilities, and the like. (b) Enrollees in the training program established under this section shall be drawn from law enforcement and correctional personnel (including volunteer lay personnel), teachers and special education personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention and treatment of juvenile delinquency. 42 U.S.C. 5660 Sec. 246. Curriculum for training program The Administrator shall design and supervise a curriculum for the training program established by section 5659 of this title which shall utilize an interdisciplinary approach with respect to the prevention of juvenile delinquency, the treatment of juvenile delinquents, and the diversion of youths from the juvenile justice system. Such curriculum shall be appropriate to the needs of the enrollees of the training program and shall include training designed to prevent juveniles from committing hate crimes. 42 U.S.C. 5661 Sec. 247. Participation in training program and State advisory group conferences (a) Application. Any person seeking to enroll in the training program established under section 5659 of this title shall transmit an application to the Administrator, in such form and according to such procedures as the Administrator may prescribe. (b) Admittance; determination by Secretary. The Administrator shall make the final determination with respect to the admittance of any person to the training program. The Administrator, in making such determination, shall seek to assure that persons admitted to the training program are broadly representative of the categories described in section 5659(b) of this title. (c) Travel expenses and per diem allowance. While participating as a trainee in the program established under section 5659 of this title or while participating in any conference held under section 5651(f) of this title, and while traveling in connection with such participation, each person so participating shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of Title 5. No consultation fee may be paid to such person for such participation. 42 U.S.C. 5662 Sec. 248. Special studies and reports (a) Pursuant to 1988 amendments (1) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study with respect to the juvenile justice system-- (A) to review-- (i) conditions in detention and correctional facilities for juveniles; and (ii) the extent to which such facilities meet recognized national professional standards; and (B) to make recommendations to improve conditions in such facilities. (2)(A) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study to determine-- (i) how juveniles who are American Indians and Alaskan Natives and who are accused of committing offenses on and near Indian reservations and Alaskan Native villages, respectively, are treated under the systems of justice administered by Indian tribes and Alaskan Native organizations, respectively, that perform law enforcement functions; (ii) the amount of financial resources (including financial assistance provided by governmental entities) available to Indian tribes and Alaskan Native organizations that perform law enforcement functions, to support community-based alternatives to incarcerating juveniles; and (iii) the extent to which such tribes and organizations comply with the requirements specified in paragraphs (12)(A), (13), and (14) of section 5633(a) of this title, applicable to the detention and confinement of juveniles. (B)(i) for purposes of section 450e(b) of Title 25, any contract, subcontract, grant, or subgrant made under paragraph (1) shall be deemed to be a contract, subcontract, grant, or subgrant made for the benefit of Indians. (ii) for purposes of section 450e(b) of Title 25 and subparagraph (A) of this paragraph, references to Indians and Indian organizations shall be deemed to include Alaskan Natives and Alaskan Native organizations, respectively. (3) Not later than 3 years after November 18, 1988, the Administrator shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under paragraph (1) or (2), as the case may be. (b) Pursuant to 1992 amendments (1) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study with respect to juveniles waived to adult court that reviews-- (i) the frequency and extent to which juveniles have been transferred, certified, or waived to criminal court for prosecution during the 5-year period ending December 1992; (ii) conditions of confinement in adult detention and correctional facilities for juveniles waived to adult court; and (iii) sentencing patterns, comparing juveniles waived to adult court with juveniles who have committed similar offenses but have not been waived; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report (including a compilation of State waiver statutes) on the findings made in the study and recommendations to improve conditions for juveniles waived to adult court. (2) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study with respect to admissions of juveniles for behavior disorders to private psychiatric hospitals, and to other residential and nonresidential programs that serve juveniles admitted for behavior disorders, that reviews-- (i) the frequency with which juveniles have been admitted to such hospitals and programs during the 5-year period ending December 1992; and (ii) conditions of confinement, the average length of stay, and methods of payment for the residential care of such juveniles; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve procedural protections and conditions for juveniles with behavior disorders admitted to such hospitals and programs. (3) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of gender bias within State juvenile justice systems that reviews-- (i) the frequency with which females have been detained for status offenses (such as frequently running away, truancy, and sexual activity), as compared with the frequency with which males have been detained for such offenses during the 5-year period ending December 1992; and (ii) the appropriateness of the placement and conditions of confinement for females; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to combat gender bias in juvenile justice and provide appropriate services for females who enter the juvenile justice system. (4) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of the Native American pass-through grant program authorized under section 5633(a)(5)(C) of this title that reviews the cost- effectiveness of the funding formula utilized; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve the Native American pass-through grant program. (5) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of access to counsel in juvenile court proceedings that reviews-- (i) the frequency with which and the extent to which juveniles in juvenile court proceedings either have waived counsel or have obtained access to counsel during the 5-year period ending December 1992; and (ii) a comparison of access to and the quality of counsel afforded juveniles charged in adult court proceedings with those of juveniles charged in juvenile court proceedings; and (B) submit to Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve access to counsel for juveniles in juvenile court proceedings. (6)(A) Not later than 180 days after November 4, 1992, the Administrator shall begin to conduct a study and continue any pending study of the incidence of violence committed by or against juveniles in urban and rural areas in the United States. (B) The urban areas shall include-- (i) the District of Columbia; (ii) Los Angeles, California; (iii) Milwaukee, Wisconsin; (iv) Denver, Colorado; (v) Pittsburgh, Pennsylvania; (vi) Rochester, New York; and (vii) such other cities as the Administrator determines to be appropriate. (C) At least one rural area shall be included. (D) With respect to each urban and rural area included in the study, the objectives of the study shall be-- (i) to identify characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide; (ii) to identify factors particularly indigenous to such area that contribute to violence committed by or against juveniles; (iii) to determine the accessibility of firearms, and the use of firearms by or against juveniles; (iv) to determine the conditions that cause any increase in violence committed by or against juveniles; (v) to identify existing and new diversion, prevention, and control programs to ameliorate such conditions; (vi) to improve current systems to prevent and control violence by or against juveniles; and (vii) to develop a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles. (E) Not later than 3 years after November 4, 1992, the Administrator 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 detailing the results of the study addressing each objective specified in subparagraph (D). (7)(A) Not later than 1 year after November 4, 1992, the Administrator shall-- (i) conduct a study described in subparagraph (B); and (ii) submit to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate the results of the study. (B) The study required by subparagraph (A) shall assess-- (i) the characteristics of juveniles who commit hate crimes, including a profile of such juveniles based on-- (I) the motives for committing hate crimes; (II) the age, sex, race, ethnicity, education level, locality, and family income of such juveniles; and (III) whether such juveniles are familiar with publications or organized groups that encourage the commission of hate crimes; (ii) the characteristics of hate crimes committed by juveniles, including-- (I) the types of hate crimes committed; (II) the frequency with which institutions and natural persons, separately determined, were the targets of such crimes; (III) the number of persons who participated with juveniles in committing such crimes; (IV) the types of law enforcement investigations conducted with respect to such crimes; (V) the law enforcement proceedings commenced against juveniles for committing hate crimes; and (VI) the penalties imposed on such juveniles as a result of such proceedings; and (iii) the characteristics of the victims of hate crimes committed by juveniles, including-- (I) the age, sex, race, ethnicity, locality of the victims and their familiarity with the offender; and (II) the motivation behind the attack. SUBCHAPTER II--PROGRAMS AND OFFICES PART C--NATIONAL PROGRAMS SUBPART II--SPECIAL EMPHASIS PREVENTION AND TREATMENT PROGRAMS 42 U.S.C. 5665 Sec. 261. Authority to make grants and contracts (a) Purposes of grants and contracts. Except as provided in subsection (f) of this section, the Administrator shall, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals provide for each of the following during each fiscal year: (1) Establishing or maintaining community-based alternatives (including home- based treatment programs) to traditional forms of institutionalization of juvenile offenders. (2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. (3) Establishing or supporting advocacy programs and services that encourage the improvement of due process available to juveniles in the juvenile justice system and the quality of legal representation for such juveniles. (4) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles affected by the juvenile justice system, including services that provide for the appointment of special advocates by courts for such juveniles. (5) Developing or supporting model programs (including self-help programs for parents) to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency, including programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited-English speaking ability. (6) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. (7) Developing or implementing further a coordinated, national law-related education program of-- (A) delinquency prevention in elementary and secondary schools, and other local sites; (B) training for persons responsible for the implementation of law-related education programs; and (C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles, that targets juveniles who have had contact with thejuvenile justice system or who are likely to have contact with the system. (8) Addressing 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. (9) Establishing or supporting programs designed to prevent and to reduce the incidence of hate crimes by juveniles, including-- (A) model educational programs that are designed to reduce the incidence of hate crimes by means such as-- (i) addressing the specific prejudicial attitude of each offender; (ii) developing an awareness in the offender of the effect of the hate crime on the victim; and (iii) educating the offender about the importance of tolerance in our society; and (B) sentencing programs that are designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration. (b) Development and implementation of new approaches, techniques, and methods. Except as provided in subsection (f) of this section, the Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to-- (1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency; (2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools to assist in identifying learning difficulties (including learning disabilities), to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism; (3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles; (4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this subchapter, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies; (5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel, community service personnel, and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles; (6) develop statewide programs through the use of subsidies or other financial incentives designed to-- (A) remove juveniles from jails and lockups for adults; (B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or (C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before October 12, 1984, standards for the improvement of juvenile justice within each State involved; and (7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. (c) Private nonprofit agencies, organizations, and institutions with experience in dealing with juveniles. Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles. (d) Female, minority, and disadvantaged juveniles. Assistance provided under this section shall be available on an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped. (e) Special needs and problems of juvenile delinquency in certain areas. Not less than 5 percent of the funds available for grants and contracts under this section shall be available for grants, and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. (f) Department of Justice or related entity as recipient. The Administrator shall not make a grant or a contract under subsection (a) or (b) of this section to the Department of Justice or to any administrative unit or other entity that is part of the Department of Justice. 42 U.S.C. 5665a Sec. 262. Considerations for approval of applications (a) In general. Any agency, institution, or individual desiring to receive a grant, or enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. (b) Contents of application. In accordance with guidelines established by the Administrator, each application for assistance under this part shall-- (1) set forth a program for carrying out one or more of the purposes set forth in this part and specifically identify each such purpose such program is designed to carry out; (2) provide that such program shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program; (4) provide for regular evaluation of such program; (5) certify that the applicant has requested the State planning agency and local agency designated in section 5633 of this title, if any to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; (6) attach a copy of the responses of such State planning agency and local agency to such request; (7) provide that regular reports on such program shall be sent to the Administrator and to such State planning agency and local agency; and (8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter. (c) Factors considered. In determining whether or not to approve applications for grants and for contracts under this part, the Administrator shall consider-- (1) the relative cost and effectiveness of the proposed program in carrying out this part; (2) the extent to which such program will incorporate new or innovative techniques; (3) if a State plan has been approved by the Administrator under section 5633(c) of this title, the extent to which such program meets the objectives and priorities of the State plan, taking into consideration the location and scope of such program; (4) the increase in capacity of the public and private agency, institution, or individual involved to provide services to address juvenile delinquency and juvenile delinquency prevention; (5) the extent to which such program serves communities which have high rates of juvenile unemployment, school dropout, and delinquency; and (6) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than 40,000 located within States which have no city with a population over 250,000. (d) Competitive selection process; review of proposed programs; expedited consideration of proposed programs (1)(A) Programs selected for assistance through grants or contracts under this part (other than section 5651(f) of this title) shall be selected through a competitive process to be established by rule by the Administrator. As part of such a process, the Administrator shall announce in the Federal Register-- (i) the availability of funds for such assistance; (ii) the general criteria applicable to the selection of applicants to receive such assistance; and (iii) a description of the procedures applicable to submitting and reviewing applications for such assistance. (B) The competitive process described in subparagraph (A) shall not be required if the Administrator makes a written determination waiving the competitive process-- (i) with respect to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C.A. s 5121 et seq.] that a major disaster or emergency exists; or (ii) with respect to a particular program described in this part that is uniquely qualified. (2)(A) Programs selected for assistance through grants or contracts under this part (other than section 5651(f) of this title) shall be reviewed before selection, and thereafter as appropriate, through a formal peer review process utilizing experts (other than officers and employees of the Department of Justice) in fields related to the subject matter of the proposed program. (B) Such process shall be established by the Administrator in consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. Before implementation of such process, the Administrator shall submit such process to such Directors, each of whom shall prepare and furnish to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate a final report containing their comments on such process as proposed to be established. (3) The Administrator, in establishing the processes required under paragraphs (1) and (2), shall provide for emergency expedited consideration of the proposed programs if necessary to avoid any delay which would preclude carrying out such programs. (e) City population as basis of denial. A city shall not be denied assistance under this part solely on the basis of its population. (f) Transmission of notification to Committee chairmen. Notification of grants and contracts made under this part (and the applications submitted for such grants and contracts) shall, upon being made, be transmitted by the Administrator, to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART I--GANG-FREE SCHOOLS AND COMMUNITIES 42 U.S.C. 5667 Sec. 281. Authority to make grants and contracts (a) The Administrator shall make grants to or enter into contracts with public agencies (including local educational agencies) and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that involve families and communities and that are designed to carry out any of the following purposes: (1) To prevent and to reduce the participation of juveniles in the activities of gangs that commit crimes. Such programs and activities may include-- (A) individual, peer, family, and group counseling, including the provision of life skills training and preparation for living independently, which shall include cooperation with social services, welfare, and health care programs; (B) education and social services designed to address the social and developmental needs of juveniles which such juveniles would otherwise seek to have met through membership in gangs; (C) crisis intervention and counseling to juveniles, who are particularly at risk of gang involvement, and their families, including assistance from social service, welfare, health care, mental health, and substance abuse prevention and treatment agencies where necessary; (D) the organization of neighborhood and community groups to work closely with parents, schools, law enforcement, and other public and private agencies in the community; and (E) training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, to assist such adults in providing constructive alternatives to participating in the activities of gangs. (2) To develop within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses. (3) To target elementary school students, with the purpose of steering students away from gang involvement. (4) To provide treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent. (5) To promote the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes. (6) To promote and support, with the cooperation of community-based organizations experienced in providing services to juveniles engaged in gang- related activities and the cooperation of local law enforcement agencies, the development of policies and activities in public elementary and secondary schools which will assist such schools in maintaining a safe environment conducive to learning. (7) To assist juveniles who are or may become members of gangs to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services to promote and support the continued participation of such juveniles in such instructional programs. (8) To expand the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substances analogues (as defined in paragraphs (6) and (32) of section 802 of Title 21) by juveniles, provided through State and local health and social services agencies. (9) To provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of ang-related activity. (10) To provide services authorized in this section at a special location in a school or housing project. (11) To support activities to inform juveniles of the availability of treatment and services for which financial assistance is available under this subpart. (b) From not more than 15 percent of the amount appropriated to carry out this part in each fiscal year, the Administrator may make grants to and enter into contracts with public agencies and private nonprofit agencies, organizations, and institutions-- (1) to conduct research on issues related to juvenile gangs; (2) to evaluate the effectiveness of programs and activities funded under subsection (a) of this section; and (3) to increase the knowledge of the public (including public and private agencies that operate or desire to operate gang prevention and intervention programs) by disseminating information on research and on effective programs and activities funded under this subpart. 42 U.S.C. 5667-1 Sec. 281A. Approval of applications (a) Submission of applications. Any agency, organization, or institution desiring to receive a grant, or to enter into a contract, under this subpart shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. (b) Contents of applications. In accordance with guidelines established by the Administrator, each application submitted under subsection (a) of this section shall-- (1) set forth a program or activity for carrying out one or more of the purposes specified in section 5667 of this title and specifically identify each such purpose such program or activity is designed to carry out; (2) provide that such program or activity shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program or activity; (4) provide for regular evaluation of such program or activity; (5) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (6) describe how such program or activity is coordinated with programs, activities, and services available locally under parts B or C of this subchapter, and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act of 1988 [42 U.S.C.A. s 11801 et seq.]; (7) certify that the applicant has requested the State planning agency to review and comment on such application and summarizes the responses of such State planning agency to such request; (8) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency; and (9) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subpart. (c) Priority. In reviewing applications for grants and contracts under section 5667(a) of this title, the Administrator shall give priority to applications-- (1) submitted by, or substantially involving, local educational agencies (as defined in section 2891 of Title 20); (2) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and (3) for assistance for programs and activities that-- (A) are broadly supported by public and private non-profit agencies, organizations, and institutions located in such geographical area; and (B) will substantially involve the families of juvenile gang members in carrying out such programs or activities. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART II--COMMUNITY-BASED GANG INTERVENTION 42 U.S.C. 5667a Sec. 282. Authority to make grants and contracts (a) The Administrator shall make grants to or enter into contracts with public and private nonprofit agencies, organizations, and institutions to carry out programs and activities-- (1) to reduce the participation of juveniles in the illegal activities of gangs; (2) to develop regional task forces involving State, local, and community- based organizations to coordinate enforcement, intervention, and treatment efforts for juvenile gang members and to curtail interstate activities of gangs; and (3) to facilitate coordination and cooperation among-- (A) local education, juvenile justice, employment, and social service agencies; and (B) community-based programs with a proven record of effectively providing intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities; and (4) to support 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-- (A) 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, boot camps 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 (B) assist in the provision by the provision 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. (b) Programs and activities for which grants and contracts are to be made under subsection (a) of this section may include-- (1) developing within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses; (2) providing treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent; (3) promoting the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes; (4) expanding the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substances analogues (as defined in paragraphs (6) and (32) of section 802 of Title 21) by juveniles, provided through State and local health and social services agencies; (5) providing services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity; or (6) supporting activities to inform juveniles of the availability of treatment and services for which financial assistance is available under this subpart. 42 U.S.C. 5667a-1 Sec. 282A. Approval of applications (a) Submission of applications. Any agency, organization, or institution desiring to receive a grant, or to enter into a contract, under this subpart shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. (b) Contents of applications. In accordance with guidelines established by the Administrator, each application submitted under subsection (a) of this section shall-- (1) set forth a program or activity for carrying out one or more of the purposes specified in section 5667a of this title and specifically identify each such purpose such program or activity is designed to carry out; (2) provide that such program or activity shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program or activity; (4) provide for regular evaluation of such program or activity; (5) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (6) describe how such program or activity is coordinated with programs, activities, and services available locally under parts B or C of this subchapter, and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act of 1988 [42 U.S.C.A. s 11801 et seq.]; (7) certify that the applicant has requested the State planning agency to review and comment on such application and summarizes the responses of such State planning agency to such request; (8) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency; and (9) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subpart. (c) Priority. In reviewing applications for grants and contracts under section 5667c(a) of this title, the Administrator shall give priority to applications-- (1) submitted by, or substantially involving, community-based organizations experienced in providing services to juveniles; (2) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and (3) for assistance for programs and activities that-- (A) are broadly supported by public and private non-profit agencies, organizations, and institutions located in such geographical area; and (B) will substantially involve the families of juvenile gang members in carrying out such programs or activities. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART III--GENERAL PROVISIONS 42 U.S.C. 5667b Sec. 283 Definition For purposes of this part, the term "juvenile" means an individual who is less than 22 years of age. SUBCHAPTER II--PROGRAMS AND OFFICES PART E--STATE CHALLENGE ACTIVITIES 42 U.S.C. 5667c Sec. 285. Establishment of program (a) In general. The Administrator may make a grant to a State that receives an allocation under section 5632 of this title, in the amount of 10 percent of the amount of the allocation, for each challenge activity in which the State participates for the purpose of funding the activity. (b) Definitions. For purposes of this part-- (1) the term "case review system" means a procedure for ensuring that-- (A) each youth has a case plan, based on the use of objective criteria for determining a youth's danger to the community or himself or herself, that is designed to achieve appropriate placement in the least restrictive and most family-like setting available in close proximity to the parents' home, consistent with the best interests and special needs of the youth; (B) the status of each youth is reviewed periodically but not less frequently than once every 3 months, by a court or by administrative review, in order to determine the continuing necessity for and appropriateness of the placement; (C) with respect to each youth, procedural safeguards will be applied to ensure that a dispositional hearing is held to consider the future status of each youth under State supervision, in a juvenile or family court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not later than 12 months after the original placement of the youth and periodically thereafter during the continuation of out-of-home placement; and (D) a youth's health, mental health, and education record is reviewed and updated periodically; and (2) the term "challenge activity" means a program maintained for 1 of the following purposes: (A) Developing and adopting policies and programs to provide basic health, mental health, and appropriate education services, including special education, for youth in the juvenile justice system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984. (B) Developing and adopting policies and programs to provide access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel. (C) Increasing community-based alternatives to incarceration by establishing programs (such as expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, and electronic monitoring) and developing and adopting a set of objective criteria for the appropriate placement of juveniles in detention and secure confinement. (D) Developing and adopting policies and programs to provide secure settings for the placement of violent juvenile offenders by closing down traditional training schools and replacing them with secure settings with capacities of no more than 50 violent juvenile offenders with ratios of staff to youth great enough to ensure adequate supervision and treatment. (E) Developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self defense instruction, education in parenting, education in general, and other training and vocational services. (F) Establishing and operating, either directly or by contract or arrangement with a public agency or other appropriate private nonprofit organization (other than an agency or organization that is responsible for licensing or certifying out-of-home care services for youth), a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of- home care to children and youth (including secure detention and correctional facilities, residential care facilities, public agencies, and social service agencies) that may adversely affect the health, safety, welfare, or rights of resident children and youth. (G) Developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court to prevent the placement in secure detention facilities or secure correctional facilities of juveniles who are nonoffenders or who are charged with or who have committed offenses that would not be criminal if committed by an adult. (H) Developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school. (I) Increasing aftercare services for juveniles involved in the justice system by establishing programs and developing and adopting policies to provide comprehensive health, mental health, education, and vocational services and services that preserve and strengthen the families of such juveniles. (J) Developing and adopting policies to establish-- (i) a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems, including schools, social services, health services, mental health services, and the juvenile justice system; and (ii) a statewide case review system. SUBCHAPTER II--PROGRAMS AND OFFICES PART F--TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF CHILD ABUSE OR NEGLECT 42 U.S.C. 5667d Sec. 287. Definition For the purposes of this part, the term "juvenile" means a person who is less than 18 years of age. 42 U.S.C. 5667d-1 Sec. 287A. Authority to make grants The Administrator, in consultation with the Secretary of Health and Human Services, shall make grants to public and nonprofit private organizations to develop, establish, and support projects that-- (1) provide treatment to juvenile offenders who are victims of child abuse or neglect and to their families so as to reduce the likelihood that the juvenile offenders will commit subsequent violations of law; (2) based on the best interests of juvenile offenders who receive treatment for child abuse or neglect, provide transitional services (including individual, group, and family counseling) to juvenile offenders-- (A) to strengthen the relationships of juvenile offenders with their families and encourage the resolution of intrafamily problems related to the abuse or neglect; (B) to facilitate their alternative placement; and (C) to prepare juveniles aged 16 years and older to live independently; and (3) carry out research (including surveys of existing transitional services, identification of exemplary treatment modalities, and evaluation of treatment and transitional services) provided with grants made under this section. 42 U.S.C. 5667d-2 Sec. 287B. Administrative requirements The Administrator shall administer this part subject to the requirements of sections 5665a, 5673, and 5676 of this title. 42 U.S.C. 5667d-3 Sec. 287C. Priority In making grants under section 5667d-1 of this title, the Administrator-- (1) shall give priority to applicants that have experience in treating juveniles who are victims of child abuse or neglect; and (2) may not disapprove an application solely because the applicant proposes to provide treatment or transitional services to juveniles who are adjudicated to be delinquent for having committed offenses that are not serious crimes. SUBCHAPTER II--PROGRAMS AND OFFICES PART G--MENTORING 42 U.S.C. 5667e Sec. 288 Purposes The purposes of this part are-- (1) to reduce juvenile delinquency and gang participation; (2) to improve academic performance; and (3) to reduce the dropout rate, through the use of mentors for at-risk youth. 42 U.S.C. 5667e-1 Sec. 288A. Definitions For purposes of this part-- (1) the term "at-risk youth" means a youth at risk of educational failure or dropping out of school or involvement in delinquent activities; and (2) the term "mentor" means a person who works with an at-risk youth on a one-to-one basis, establishing a supportive relationship with the youth and providing the youth with academic assistance and exposure to new experiences that enhance the youth's ability to become a responsible citizen. 42 U.S.C. 5667e-2 Sec. 288B. Grants The Administrator shall, by making grants to and entering into contracts with local educational agencies (each of which agency shall be in partnership with a public or private agency, institution, or business), establish and support programs and activities for the purpose of implementing mentoring programs that-- (1) are designed to link at-risk children, particularly children living in high crime areas and children experiencing educational failure, with responsible adults such as law enforcement officers, persons working with local businesses, and adults working for community-based organizations and agencies; and (2) are intended to achieve 1 or more of the following goals: (A) Provide general guidance to at-risk youth. (B) Promote personal and social responsibility among at-risk youth. (C) Increase at-risk youth's participation in and enhance their ability to benefit from elementary and secondary education. (D) Discourage at-risk youth's use of illegal drugs, violence, and dangerous weapons, and other criminal activity. (E) Discourage involvement of at-risk youth in gangs. (F) Encourage at-risk youth's participation in community service and community activities. 42 U.S.C. 5667e-3 Sec. 288C. Regulations and guidelines (a) Program guidelines. The administrator shall issue program guidelines to implement this part. The program guidelines shall be effective only after a period for public notice and comment. (b) Model screening guidelines. The administrator shall develop and distribute to program participants specific model guidelines for the screening of prospective program mentors. 42 U.S.C. 5667e-4 Sec. 288D. Use of grants (a) Permitted uses. Grants awarded pursuant to this part shall be used to implement mentoring programs, including-- (1) hiring of mentoring coordinators and support staff; (2) recruitment, screening, and training of adult mentors; (3) reimbursement of mentors for reasonable incidental expenditures such as transportation that are directly associated with mentoring; and (4) such other purposes as the Administrator may reasonably prescribe by regulation. (b) Prohibited uses. Grants awarded pursuant to this part shall not be used-- (1) to directly compensate mentors, except as provided pursuant to subsection (a)(3) of this section; (2) to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the grantee's operations; (3) to support litigation of any kind; or (4) for any other purpose reasonably prohibited by the Administrator by regulation. 42 U.S.C. 5667e-5 Sec. 288E. Priority (a) In general. In making grants under this part, the Administrator shall give priority for awarding grants to applicants that-- (1) serve at-risk youth in high crime areas; (2) have 60 percent or more of their youth eligible to receive funds under chapter 1 of the Elementary and Secondary Education Act of 1965 [20 U.S.C.A. s 2701-2901]; and (3) have a considerable number of youth who drop out of school each year. (b) Other considerations. In making grants under this part, the Administrator shall give consideration to-- (1) the geographic distribution (urban and rural) of applications; (2) the quality of a mentoring plan, including-- (A) the resources, if any, that will be dedicated to providing participating youth with opportunities for job training or postsecondary education; and (B) the degree to which parents, teachers, community-based organizations, and the local community participate in the design and implementation of the mentoring plan; and (3) the capability of the applicant to effectively implement the mentoring plan. 42 U.S.C. 5667e-6 Sec. 288F. Applications An application for assistance under this part shall include-- (1) information on the youth expected to be served by the program; (2) a provision for a mechanism for matching youth with mentors based on the needs of the youth; (3) an assurance that no mentor will be assigned to more than one youth, so as to ensure a one-to-one relationship; (4) an assurance that projects operated in secondary schools will provide youth with a variety of experiences and support, including-- (A) an opportunity to spend time in a work environment and, when possible, participate in the work environment; (B) an opportunity to witness the job skills that will be required for youth to obtain employment upon graduation; (C) assistance with homework assignments; and (D) exposure to experiences that youth might not otherwise encounter; (5) an assurance that projects operated in elementary schools will provide youth with-- (A) academic assistance; (B) exposure to new experiences and activities that youth might not encounter on their own; and (C) emotional support; (6) an assurance that projects will be monitored to ensure that each youth benefits from a mentor relationship, with provision for a new mentor assignment if the relationship is not beneficial to the youth; (7) the method by which mentors and youth will be recruited to the project; (8) the method by which prospective mentors will be screened; and (9) the training that will be provided to mentors. 42 U.S.C. 5667e-7 Sec 288G. Grant cycles Grants under this part shall be made for 3-year periods. 42 U.S.C. 5667e-8 Sec. 288H. Reports Not later than 120 days after the completion of the first cycle of grants under this part, the Administrator shall submit to Congress a report regarding the success and effectiveness of the grant program in reducing juvenile delinquency and gang participation, improving academic performance, and reducing the dropout rate. SUBCHAPTER II--PROGRAMS AND OFFICES PART H--BOOT CAMPS 42 U.S.C. 5667f Sec. 289. Establishment of program (a) In general. The Administrator may make grants to the appropriate agencies of 1 or more States for the purpose of establishing up to 10 military-style boot camps for juvenile delinquents (referred to as 'boot camps'). (b) Location (1) The boot camps shall be located on existing or closed military installations on sites to be chosen by the agencies in one or more States, or in other facilities designated by the agencies on such sites, after consultation with the Secretary of Defense, if appropriate, and the Administrator. (2) The Administrator shall-- (A) try to achieve to the extent possible equitable geographic distribution in approving boot camp sites; and (B) give priority to grants where more than one State enters into formal cooperative arrangements to jointly administer a boot camp; and (c) Regimen. The boot camps shall provide-- (1) a highly regimented schedule of discipline, physical training, work, drill, and ceremony characteristic of military basic training; (2) regular, remedial, special, and vocational education; and (3) counseling and treatment for substance abuse and other health and mental health problems. 42 U.S.C. 5667f-1 Sec. 289A. Capacity Each boot camp shall be designed to accommodate between 150 and 250 juveniles for such time as the grant recipient agency deems to be appropriate. 42 U.S.C. 5667f-2 Sec. 289B. Eligibility and placement (a) Eligibility. A person shall be eligible for assignment to a boot camp if he or she-- (1) is considered to be a juvenile under the laws of the State of jurisdiction; and (2) has been adjudicated to be delinquent in the State of jurisdiction or, upon approval of the court, voluntarily agrees to the boot camp assignment without a delinquency adjudication. (b) Placement. Prior to being placed in a boot camp, an assessment of a juvenile shall be performed to determine that-- (1) the boot camp is the least restrictive environment that is appropriate for the juvenile considering the seriousness of the juvenile's delinquent behavior and the juvenile's treatment need; and (2) the juvenile is physically and emotionally capable of participating in the boot camp regimen. 42 U.S.C. 5667f-3 Sec. 289C. Post-release supervision A State that seeks to establish a boot camp, or participate in the joint administration of a boot camp, shall submit to the Administrator a plan describing-- (1) the provisions that the State will make for the continued supervision of juveniles following release; and (2) provisions for educational and vocational training, drug or other counseling and treatment, and other support services. SUBCHAPTER II--PROGRAMS AND OFFICES PART I--WHITE HOUSE CONFERENCE ON JUVENILE JUSTICE 42 U.S.C. 5667g Sec. 291. National White House Conference on Juvenile Justice (a) In general. The President may call and conduct a National White House Conference on Juvenile Justice (referred to as the "Conference") in accordance with this part. (b) Purposes of conference. The purposes of the Conference shall be-- (1) to increase public awareness of the problems of juvenile offenders and the juvenile justice system; (2) to examine the status of minors currently in the juvenile and adult justice systems; (3) to examine the increasing number of violent crimes committed by juveniles; (4) to examine the growing phenomena of youth gangs, including the number of young women who are involved; (5) to assemble persons involved in policies and programs related to juvenile delinquency prevention and juvenile justice enforcement; (6) to examine the need for improving services for girls in the juvenile justice system; (7) to create a forum in which persons and organizations from diverse regions may share information regarding successes and failures of policy in their juvenile justice and juvenile delinquency prevention programs; and (8) to develop such specific and comprehensive recommendations for executive and legislative action as may be appropriate to address the problems of juvenile delinquency and juvenile justice. (c) Schedule of conferences. The Conference under this part shall be concluded not later than 18 months after November 4, 1992. (d) Prior State and regional conferences (1) In general. Participants in the Conference and other interested persons and organizations may conduct conferences and other activities at the State and regional levels prior to the date of the Conference, subject to the approval of the executive director of the Conference. (2) Purpose of State and regional conferences. State and regional conferences and activities shall be directed toward the consideration of the purposes of this part. State conferences shall elect delegates to the National Conferences. (3) Admittance. No person involved in administering State juvenile justice programs or in providing services to or advocacy of juvenile offenders may be denied admission to a State or regional conference. 42 U.S.C. 56667g-1 Sec. 291A. Conference participants (a) In general. The Conference shall bring together persons concerned with issues and programs, both public and private, relating to juvenile justice, and juvenile delinquency prevention. (b) Selection (1) State conferences. Delegates, including alternates, to the National Conference shall be elected by participants at the State conferences. (2) Delegates (A) In addition to delegates elected pursuant to paragraph (1)-- (i) each Governor may appoint 1 delegate and 1 alternate; (ii) the majority leader of the Senate, in consultation with the minority leader, may appoint 10 delegates and 3 alternates; (iii) the Speaker of the House of Representatives, in consultation with the minority leader, may appoint 10 delegates and 3 alternates; (iv) the President may appoint 20 delegates and 5 alternates; (v) the chief law enforcement official and the chief juvenile corrections official of each State may appoint 1 delegate and 1 alternate each; and (vi) the Chairperson of the Juvenile Justice and Delinquency Prevention Advisory Committee of each State, or his or her designate, may appoint 1 delegate. (B) Only persons involved in administering State juvenile justice programs or in providing services to or advocacy of juvenile offenders shall be eligible for appointment as a delegate. (c) Participant expenses. Each participant in the Conference shall be responsible for his or her expenses related to attending the Conference and shall not be reimbursed from funds appropriated pursuant to this chapter. (d) No fees. No fee may be imposed on a person who attends a Conference except a registration fee of not to exceed $10. 42 U.S.C. 5667g-2 Sec. 291B. Staff and executive branch (a) In general. The President may appoint and compensate an executive director of the National White House Conference on Juvenile Justice and such other directors and personnel for the Conference as the President may deem to be advisable, without regard to the provisions of Title 5, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that Title relating to classification and General Schedule pay rates. The staff of the Conference may not exceed 20, including the executive director. (b) Detailees. Upon request by the executive director, the heads of the executive and military departments may detail employees to work with the executive director in planning and administering the Conference without regard to section 3341 of Title 5. 42 U.S.C. 5667g-3 Sec. 291C. Planning and administration of conference (a) Federal agency support. All Federal departments, agencies, and instrumentalities shall provide such support and assistance as may be necessary to facilitate the planning and administration of the Conference. (b) Duties of the executive director. In carrying out this part, the executive director of the White House Conference on Juvenile Justice-- (1) shall provide such assistance as may be necessary for the organization and conduct of conferences at the State and regional levels authorized by section 5667g(d) of this title; (2) may enter into contracts and agreements with public and private agencies and organizations and academic institutions to assist in carrying out this part; and (3) shall prepare and provide background materials for use by participants in the Conference and by participants in State and regional conferences. 42 U.S.C. 5667g-4 Sec. 291D. Reports (a) In general. Not later than 6 months after the date on which a National Conference is convened, a final report of the Conference shall be submitted to the President and the Congress. (b) Contents. A report described in subsection (a) of this section-- (1) shall include the findings and recommendations of the Conference and proposals for any legislative action necessary to implement the recommendations of the Conference; and (2) shall be made available to the public. 42 U.S.C. 5667g-5 Sec. 291E. Oversight The Administrator shall report to the Congress annually during the 3-year period following the submission of the final report of a Conference on the status and implementation of the findings and recommendations of the Conference. SUBCHAPTER II--PROGRAMS AND OFFICES PART I--GENERAL AND ADMINISTRATIVE PROVISIONS 42 U.S.C. 5671 Sec. 299. Authorization of appropriations (a) Amounts; availability of funds (1) To carry out the purposes of this subchapter (other than parts D, E, F, G, H, and I) there are authorized to be appropriated $150,000,000 for fiscal years 1993, 1994, 1995, and 1996. Funds appropriated for any fiscal year shall remain available for obligation until expended. (2)(A) Subject to subparagraph (B), to carry out part D, there are authorized to be appropriated-- (i) to carry out subpart 1, $25,000,000 for fiscal year 1993 and such sums as are necessary for fiscal years 1994, 1995, and 1996; and (ii) to carry out subpart 2, $25,000,000 for fiscal year 1993 and such sums as are necessary for fiscal years 1994, 1995, and 1996. (B) No funds may be appropriated to carry out part D, E, F, G, or I of this subchapter or subchapter V or VI of this chapter for a fiscal year unless the aggregate amount appropriated to carry out this subchapter (other than part D, E, F, G, or I of this subchapter or subchapter V or VI of this chapter) for the fiscal year is not less than the aggregate amount appropriated to carry out this subchapter (other than part D, E, F, G, or I of this subchapter or subchapter V or VI of this chapter) for the preceding fiscal year. (3) To carry out part E, there are authorized to be appropriated $50,000,000 for fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, and 1996. (4)(A) Subject to subparagraph (B), there are authorized to be appropriated to carry out part F-- (i) $15,000,000 for fiscal year 1993; and (ii) such sums as are necessary for fiscal years 1994, 1995, and 1996. (B) No amount is authorized to be appropriated for a fiscal year to carry out part F unless the aggregate amount appropriated to carry out this subchapter for that fiscal year is not less than the aggregate amount appropriated to carry out this subchapter for the preceding fiscal year. (C) From the amount appropriated to carry out part F in a fiscal year, the Administrator shall use-- (i) not less than 85 percent to make grants for treatment and transitional services; (ii) not to exceed 10 percent for grants for research; and (iii) not to exceed 5 percent for salaries and expenses of the Office of Juvenile Justice and Delinquency Prevention related to administering part F. (5) (A) Subject to subparagraph (B), there are authorized to be appropriated to carry out part G such sums as are necessary for fiscal years 1993, 1994, 1995, and 1996. (6)(A) There are authorized to be appropriated to carry out part H such sums as are necessary for fiscal year 1993, to remain available until expended, of which-- (i) not more than $12,500,000 shall be used to convert any 1 closed military base or to modify any 1 existing military base or other designated facility to a boot camp; and (ii) not more than $2,500,000 shall be used to operate any 1 boot camp during a fiscal year. (B) No amount is authorized to be appropriated for a fiscal year to carry out part H unless the aggregate amount appropriated to carry out parts A, B, and C of this subchapter for that fiscal year is not less than 120 percent of the aggregate amount appropriated to carry out those parts for fiscal year 1992. (7)(A) There are authorized to be appropriated such sums as are necessary for each National Conference and associated State and regional conferences under part I, to remain available until expended. (B) New spending authority or authority to enter into contracts under part I shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. (C) No funds appropriated to carry out this chapter shall be made available to carry out part I other than funds appropriated specifically for the purpose of conducting the Conference. (D) Any funds remaining unexpended at the termination of the Conference under part I, including submission of the report pursuant to section 5667g-4 of this title, shall be returned to the Treasury of the United States and credited as miscellaneous receipts. (b) Percentages available for programs. Of such sums as are appropriated to carry out the purposes of this subchapter (other than part D)-- (1) not to exceed 5 percent shall be available to carry out part A; (2) not less than 70 percent shall be available to carry out part B; and (3) 25 percent shall be available to carry out part C. (c) Approval of State agency and establishment of supervisory board. Notwithstanding any other provision of law, the Administrator shall-- (1) establish appropriate administrative and supervisory board membership requirements for a State agency responsible for supervising the preparation and administration of the State plan submitted under section 5633 of this title and permit the State advisory group appointed under section 5633(a)(3) of this title to operate as the supervisory board for such agency, at the discretion of the Governor; and (2) approve any appropriate State agency designated by the Governor of the State involved in accordance with paragraph (1). (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). (e) Reservation of monies for previously unfunded programs. 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 prior to October 1, 1992, which shall be selected through the application and approval process set forth in section 5665a of this title. 42 U.S.C. 5672 Sec. 299A. Administrative authority (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 3789a 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 as are consistent with the purpose of this chapter. 42 U.S.C. 5673 Sec. 299B. Withholding 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. 42 U.S.C. 5674 Sec. 299C. Use of funds (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 pursuant to sections 5633(a)(10) and 5665(a)(3) of this title-- (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 5671(a)(3) of this title are used either directly or indirectly in any manner prohibited in this paragraph. 42 U.S.C. 5675 Sec. 299D. Payments (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. (d) Reallocation of unrequired or statutorily available funds. 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. 42 U.S.C. 5676 Sec. 299E. Confidentiality of program records 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH 42 U.S.C. 5701 Sec. 302. Congressional statement of findings 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 accurate reporting of the problem nationally and to develop 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) 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; (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. 42 U.S.C. 5702 Sec. 303. Rules 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART A--RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM 42 U.S.C. 5711 Sec. 311. Authority to make grants (a) Establishment and operation of runaway and homeless youth centers. 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. (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, the Trust Territory of the Pacific Islands, 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. (c) Street-based services (1) If for a fiscal year the amount appropriated under section 5751(a)(1) of this title exceeds $50,000,000, the Secretary may make grants under this subsection for that fiscal year to entities that receive grants under subsection (a) of this section to establish and operate street-based service projects for runaway and homeless youth. (2) For purposes of this part, the term "street-based services" includes-- (i) street-based crisis intervention and counseling; (ii) information and referral for housing; (iii) information and referral for transitional living and health care services; and (iv) advocacy, education, and prevention services for-- (I) alcohol and drug abuse; (II) sexually transmitted diseases including HIV/AIDS infection; and (III) physical and sexual assault. (d) Home-based services (1) If for a fiscal year the amount appropriated under section 5751(a)(1) of this title exceeds $50,000,000, the Secretary may make grants for that fiscal year to entities that receive grants under subsection (a) of this section to establish and operate home-based service projects for families that are separated, or at risk of separation, as a result of the physical absence of a runaway youth or youth at risk of family separation. (2) For purposes of this part-- (A) the term "home-based service project" means a project that provides-- (i) case management; and (ii) in the family residence (to the maximum extent practicable)-- (I) intensive, time-limited, family and individual counseling; (II) training relating to life skills and parenting; and (III) other services; designed to prevent youth from running away from their families or to cause runaway youth to return to their families; (B) the term "youth at risk of family separation" means an individual-- (i) who is less than 18 years of age; and (ii)(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; and (C) the term "time-limited" means for a period not to exceed 6 months. 42 U.S.C. 5712 Sec. 312. Eligibility; plan requirements (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 (6); (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; and (11) shall supply such other information as the Secretary reasonably deems necessary. (c) Street-based service project. To be eligible for assistance under section 5711(c) of this title, an applicant shall propose to establish, strengthen, or fund a street-based service project for runaway and homeless youth and shall submit to the Secretary a plan in which the applicant agrees, as part of the project-- (1) to provide qualified supervision of staff, including onstreet supervision by appropriately trained staff; (2) to provide backup personnel for on-street staff; (3) to provide informational and health educational material to runaway and homeless youth in need of services; (4) to provide initial and periodic training of staff who provide services under the project; (5) to carry out outreach activities for runaway and homeless youth and to collect statistical information on runaway and homeless youth contacted through such activities; (6) to develop referral relationships with agencies and organizations that provide services or assistance to runaway and homeless youth, including law enforcement, education, social services, vocational education and training, public welfare, legal assistance, mental health and health care; (7) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds received under section 5711(c) of this title, the achievements of the project under section 5711(c) of this title carried out by the applicant, and statistical summaries describing the number and the characteristics of the runaway and homeless youth who participate in such project in the year for which the report is submitted; (8) to implement such accounting procedures and fiscal control devices as the Secretary may require; (9) 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 section 5711(c) of this title; (10) to keep adequate statistical records that profile runaway and homeless youth whom it serves and not to disclose the identity of such youth in reports or other documents based on such statistical records; (11) not to disclose records maintained on an individual runaway and homeless youth without the informed consent of the youth, to any person other than an agency compiling statistical records; and (12) to provide to the Secretary such other information as the Secretary may reasonably require. (d) Home-based service project. To be eligible for assistance under section 5711(d) of this title, an applicant shall propose to establish, strengthen, or fund a home-based service project for runaway youth or youth at risk of family separation and shall submit to the Secretary a plan in which the applicant agrees, as part of the project-- (1) to provide counseling and information services needed by runaway youth, youth at risk of family separation, and the family (including unrelated individuals in the family household) of such youth, including services relating to basic life skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, parent training, financial planning, and referral to sources of other needed services; (2) to 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 youth and youth at risk of family separation affected by family crises); (3) to establish in partnership with the families of runaway youth and youth at risk of family separation, objectives and measures of success to be achieved as a result of participating in such project; (4) to provide informational and health educational material to runaway youth and youth at risk of family separation in need of services; (5) to provide initial and periodic training of staff who provide services under the project; (6) to carry out outreach activities for runaway youth and youth at risk of family separation, and to collect statistical information on runaway youth and youth at risk of family separation contacted through such activities; (7) to ensure that-- (i) caseloads will remain sufficiently low to allow for intensive (5 to 20 hours per week) involvement with each family participating in such project; and (ii) qualified supervision will be provided to staff who provide services under the project; (8) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under section 5711(d) of this title, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number and the characteristics of the runaway youth and youth at risk of family separation who participate in such project in the year for which the report is submitted; (9) to implement such accounting procedures and fiscal control devices as the Secretary may require; (10) 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 section 5711(d) of this title; (11) to keep adequate statistical records that profile runaway youth and youth at risk of family separation whom it serves and not to disclose the identity of such youth in reports or other documents based on such statistical records; (12) not to disclose records maintained on an individual runaway youth or youth at risk of family separation without the informed consent of the youth, to any person other than an agency compiling statistical records; and (13) to provide to the Secretary such other information as the Secretary may reasonably require. 42 U.S.C. 5712d Sec. 316. Grants for prevention of sexual abuse and exploitation (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. 42 U.S.C. 5713 Sec. 313. Approval of application by Secretary; priority 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. 42 U.S.C. 5714 Sec. 314. Grants to private entities; staffing 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 part 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART B--TRANSITIONAL LIVING GRANT PROGRAM 42 U.S.C. 5714-1 Sec. 321. Purpose and authority for program (a) 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. (b) For purposes of this part-- (1) the term "homeless youth" means any individual-- (A) who is not less than 16 years of age and not more than 21 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; and (2) 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. 42 U.S.C. 5714-2 Sec. 322. Eligibility (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 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART C--NATIONAL COMMUNICATIONS SYSTEM 42 U.S.C. 5714-11 Sec. 331. Authority to make grants With funds reserved under section 5751(a)(3) of this title, 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART D--COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES 42 U.S.C. 5714-21 Sec. 341 Coordination 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. 42 U.S.C. 5714-22 Sec. 342. Grants for technical assistance and training 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. 42 U.S.C. 5714-23 Sec. 343. Authority to make grants for research, demonstration, and service projects (a) Authorization; purposes. The Secretary may make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway youth and homeless youth. (b) Selection factors; special considerations. 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) home-based and street-based services for, and outreach to, runaway youth and homeless youth; (3) transportation of runaway youth and homeless youth in connection with services authorized to be provided under this subchapter; (4) the special needs of runaway youth and homeless youth programs in rural areas; (5) the special needs of programs that place runaway youth and homeless youth in host family homes; (6) 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; (7) innovative methods of developing resources that enhance the establishment or operation of runaway and homeless youth centers; (8) training for runaway youth and homeless youth, and staff training, related to preventing and obtaining treatment for infection by the human immunodeficiency virus (HIV); (9) increasing access to health care (including mental health care) for runaway youth and homeless youth; and (10) 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. 42 U.S.C. 5714-24 Sec. 344. Temporary demonstration projects to provide services to youth in rural areas (a)(1) With funds appropriated under section 5751(c) of this title, 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART E--GENERAL PROVISIONS 42 U.S.C. 5714a Sec. 371. Assistance to potential grantees The Secretary shall provide informational assistance to potential grantees interested in establishing runaway and homeless youth centers and transitional living youth projects. 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. 42 U.S.C. 5714b Sec. 372. 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. 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 general 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. SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH PART F--ADMINISTRATIVE PROVISIONS 42 U.S.C. 5715 Sec. 381. Reports (a) 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 on the status, activities, and accomplishments of the runaway and homeless youth centers that are funded 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-- (A) their effectiveness in alleviating the problems of runaway and homeless youth; (B) their ability to reunite children with their families and to encourage the resolution of intrafamily problems through counseling and other services; (C) their effectiveness in strengthening family relationships and encouraging stable living conditions for children; and (D) their effectiveness in helping youth decide upon a future course of action; and (2) in the case of centers funded under part B of this subchapter-- (A) the number and characteristic of homeless youth served by such projects; (B) describing the types of activities carried out under such projects; (C) the effectiveness of such projects in alleviating the immediate problems of homeless youth; (D) the effectiveness of such projects in preparing homeless youth for self- sufficiency; (E) the effectiveness of such projects in helping youth decide upon future education, employment, and independent living; (F) the ability of such projects to strengthen family relationships, and encourage the resolution of intrafamily problems through counseling and the development of self-sufficient living skills; and (G) plans for the following fiscal year. (b)(1) The Secretary shall include in the report required by subsection (a) of this section an evaluation of the results of Federal evaluation of the programs, projects, and activities carried out under this subchapter and a description of the training provided to the persons who carry out the evaluation. (2) As part of the evaluation described in paragraph (1), the Secretary shall require the persons who carry out the evaluation to visit each grantee on-site not less frequently than every 3 years. 42 U.S.C. 5716 Sec. 382. Federal and non-Federal share; methods of payment (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. 42 U.S.C. 5731 Sec. 383. Restrictions on disclosure and transfer 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. 42 U.S.C. 5732 Sec. 384. Annual program priorities (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. 42 U.S.C. 5751 Sec. 385. Authorization of appropriations (a) Part A of this subchapter (1) There are authorized to be appropriated to carry out this subchapter (other than part B of this subchapter and section 5714-24 of this title) $75,000,000 for fiscal year 1993 and such sums as may be necessary for fiscal years 1994, 1995, and 1996. (2) Not less than 90 percent of the funds appropriated under paragraph (1) for a fiscal year shall be available to carry out section 5711(a) of this title in such fiscal year. (3) After making the allocation required by paragraph (2), the Secretary shall reserve for the purpose of carrying out section 5714-11 of this title-- (A) for fiscal year 1993 not less than $912,500, of which $125,000 shall be available for the acquisition of communications equipment; (B) for fiscal year 1994 not less than $826,900; (C) for fiscal year 1995 not less than $868,300; and (D) for fiscal year 1996 not less than $911,700. (4) In the use of funds appropriated under paragraph (1) that are in excess of $38,000,000 but less than $42,600,000, priority may be given to awarding enhancement grants to programs (with priority to programs that receive grants of less than $85,000), for the purpose of allowing such programs to achieve higher performance standards, including-- (A) increasing and retaining trained staff; (B) strengthening family reunification efforts; (C) improving aftercare services; (D) fostering better coordination of services with public and private entities; (E) providing comprehensive services, including health and mental health care, education, prevention and crisis intervention, and vocational services; and (F) improving data collection efforts. (5) In the use of funds appropriated under paragraph (1) that are in excess of $42,599,999-- (A) 50 percent may be targeted at developing new programs in unserved or underserved communities; and (B) 50 percent may be targeted at program enhancement activities described in paragraph (3). (b) Part B of this subchapter-- (1) Subject to paragraph (2), there are authorized to be appropriated to carry out (B) $25,000,000 for fiscal year 1993 and such sums as may be necessary for fiscal years 1994, 1995, and 1996. (2) No funds may be appropriated to carry out part B of this subchapter for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out part A of this subchapter exceeds $26,900,000. (c) Temporary demonstration projects. There is authorized to be appropriated to carry out section 5714-24 of this title $1,000,000 for each of fiscal years 1993, 1994, 1995, and 1996. (d) Consultative and coordinating requirements. The Secretary (through the Office of Youth Development which shall administer this subchapter) shall consult with the Attorney General (through the Administrator of the Office of Juvenile Justice and Delinquency Prevention) for the purpose of coordinating the development and implementation of programs and activities funded under this subchapter with those related programs and activities funded under subchapter II of this chapter and under the Omnibus Crime Control and Safe Streets Act of 1968, as amended [42 U.S.C. s 3701 et seq.]. (e) Conditions for use of funds. No funds appropriated to carry out the purposes of this subchapter-- (1) may be used for any program or activity which is not specifically authorized by this subchapter; or (2) 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. SUBCHAPTER IV--MISSING CHILDREN 42 U.S.C. 5771 Sec. 402. Congressional findings 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; and (8) Federal assistance is urgently needed to coordinate and assist in this interstate problem. 42 U.S.C. 5772 Sec. 403. Definitions 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; and (2) the term "Administrator" means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. 42 U.S.C. 5773 Sec. 404. Duties and functions of the Administrator (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 5712a 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. (b) Establishment of toll-free telephone line and national resource center and clearinghouse; national incidence studies; use of school records and birth certificates. The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall-- (1)(A) establish and 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 (B) coordinating the operation of such telephone line with the operation of the national communications system established under section 5712a of this title; (2) establish and operate a national resource center and clearinghouse designed-- (A) to 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 children and their families; and (ii) the existence and nature of programs being carried out by Federal agencies to assist missing children and their families; (B) to coordinate public and private programs which locate, recover, or reunite missing children with their legal custodians; (C) to disseminate nationally information about innovative and model missing childrens' programs, services, and legislation; and (D) to 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 the missing and exploited child case and in locating and recovering missing children; and (3) 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 (4) 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. (c) 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. 42 U.S.C. 5775 Sec. 405. Grant and contract authority (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 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 clearinghouse 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. 42 U.S.C. 5776 Sec. 406. Criteria for grants (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. 42 U.S.C. 5776a Sec. 407. Missing and Exploited Children's Task Force (a) Establishment. There is established a Missing and Exploited Children's Task Force (referred to as the "Task Force"). (b) Membership (1) In general. The Task Force shall include at least 2 members from each of-- (A) the Federal Bureau of Investigation; (B) the Secret Service; (C) the Bureau of Alcohol, Tobacco and Firearms; (D) the United States Customs Service; (E) the Postal Inspection Service; (F) the United States Marshals Service; and (G) the Drug Enforcement Administration. (2) Chief. A representative of the Federal Bureau of Investigation (in addition to the members of the Task Force selected under paragraph (1)(A)) shall act as chief of the Task Force. (3) Selection (A) The Director of the Federal Bureau of Investigation shall select the chief of the Task Force. (B) The heads of the agencies described in paragraph (1) shall submit to the chief of the Task Force a list of at least 5 prospective Task Force members, and the chief shall select 2, or such greater number as may be agreeable to an agency head, as Task Force members. (4) Professional qualifications. The members of the Task Force shall be law enforcement personnel selected for their expertise that would enable them to assist in the investigation of cases of missing and exploited children. (5) Status. A member of the Task Force shall remain an employee of his or her respective agency for all purposes (including the purpose of performance review), and his or her service on the Task Force shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis. (6) Period of service (A) Subject to subparagraph (B), 1 member from each agency shall initially serve a 1-year term, and the other member from the same agency shall serve a 1-year term, and may be selected to a renewal of service for 1 additional year; thereafter, each new member to serve on the Task Force shall serve for a 2-year period with the member's term of service beginning and ending in alternate years with the other member from the same agency; the period of service for the chief of the Task Force shall be 3 years. (B) The chief of the Task Force may at any time request the head of an agency described in paragraph (1) to submit a list of 5 prospective Task Force members to replace a member of the Task Force, for the purpose of maintaining a Task Force membership that will be able to meet the demands of its caseload. (c) Support (1) In general. The Administrator of the General Services Administration, in coordination with the heads of the agencies described in subsection (b)(1) of this section, shall provide the Task Force office space and administrative and support services, such office space to be in close proximity to the office of the Center, so as to enable the Task Force to coordinate its activities with that of the Center on a day-to-day basis. (2) Legal guidance. The Attorney General shall assign an attorney to provide legal guidance, as needed, to members of the Task Force. (d) Purpose (1) In general. The purpose of the Task Force shall be to make available the combined resources and expertise of the agencies described in paragraph (1) to assist State and local governments in the most difficult missing and exploited child cases nationwide, as identified by the chief of the Task Force from time to time, in consultation with the Center, and as many additional cases as resources permit, including the provision of assistance to State and local investigators on location in the field. (2) Technical assistance. The role of the Task Force in any investigation shall be to provide advice and technical assistance and to make available the resources of the agencies described in subsection (b)(1) of this section; the Task Force shall not take a leaders chip role in any such investigation. (e) Cross-designation of Task Force members. The attorney general may cross-designate the members of the Task Force with jurisdiction to enforce Federal law related to child abduction to the extent necessary to accomplish the purposes of this section. 42 U.S.C. 5777 Sec. 408. Authorization of appropriations To carry out the provisions of this subchapter, there are authorized to be appropriated such sums as may be necessary for fiscal years 1993, 1994, 1995, and 1996. 42 U.S.C. 5778 Sec. 409. Special study and report (a) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have removed such children from such individuals in violation of law. (b) Not later than 3 years after November 18, 1988, the Secretary shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a) of this section. 42 U.S.C. 5779 Sec. 3701. Reporting requirement (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 Act. (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. 42 U.S.C. 5780 Sec. 3702. State requirements 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. SUBCHAPTER V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS 42 U.S.C. 5781 Sec. 502. Findings The Congress finds that-- (1) approximately 700,000 youth enter the juvenile justice system every year; (2) Federal, State, and local governments spend close to $2,000,000,000 a year confining many of those youth; (3) it is more effective in both human and fiscal terms to prevent delinquency than to attempt to control or change it after the fact; (4) half or more of all States are unable to spend any juvenile justice formula grant funds on delinquency prevention because of other priorities; (5) few Federal resources are dedicated to delinquency prevention; and (6) Federal incentives are needed to assist States and local communities in mobilizing delinquency prevention policies and programs. 42 U.S.C. 5782 Sec. 503. Definition 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. 42 U.S.C. 5783 Sec. 504. Duties and functions of the Administrator 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 Labor 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. 42 U.S.C. 5784 Sec. 505. Grants for prevention programs (a) Purposes. The Administrator may make grants to a State, to be transmitted through the State advisory group to units of general local government that meet the requirements of subsection (b) of this section, for delinquency prevention programs and activities for youth 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 children, youth, and families of-- (1) recreation services; (2) tutoring and remedial education; (3) assistance in the development of work awareness skills; (4) child and adolescent health and mental health services; (5) alcohol and substance abuse prevention services; (6) leadership development activities; and (7) the teaching that people are and should be held accountable for their actions. (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 3-year 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 3-year plan described in paragraph (2); (4) pursuant to its 3-year plan, the unit has appointed a local policy board of no fewer than 15 and no more than 21 members with balanced representation of public agencies and private, nonprofit organizations serving children, youth, and 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 youth 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; and (3) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. 42 U.S.C. 5785 Sec. 506. Authorization of appropriations To carry out this subchapter, there are authorized to be appropriated $30,000,000 for fiscal year 1993 and such sums as are necessary for fiscal years 1994, 1995, and 1996.