91 STAT. 1058 Appropriation authorization. 42 USC 5671. 42 USC 5672. 42 USC 3701. 42 USC 3751, 3754, 3755, 3757, 3758, 3759, 3764, 3766, 3769, 3771. 42 USC 5601 note. Effective date. PUBLIC LAW 95–115—OCT. 3, 1977 "PART D-ADMINISTRATIVE PROVISIONS". (b) Section 261 (a) of the Act is amended to read as follows: "SEC. 261. (a) To carry out the purposes of this title there is authorized to be appropriated $150,000,000 for the fiscal year ending September 30, 1978, $175,000,000 for the fiscal year ending September 30, 1979, and $200,000,000 for the fiscal year ending September 30, 1980. Funds appropriated for any fiscal year may remain available for obligation until expended.". (c) Section 262 of the Act is amended to read as follows: "APPLICABILITY OF OTHER ADMINISTRATIVE PROVISIONS "SEC. 262. The administrative provisions of title I of the Omnibus Crime Control and Safe Streets Act of 1968, designated as sections 501, 504, 507, 509, 510, 511, 516, 518 (c), 521, and 524 (a) and (c) of such Act, are incorporated herein as administrative provisions applicable to this Act.". (d) (1) Section 263 (a) of the Act is amended by striking out "subsection (b)" and inserting in lieu thereof "subsections (b) and (c)". (2) Section 263 of the Act is amended by adding at the end thereof the following new subsection: "(c) Except as otherwise provided by the Juvenile Justice Amendments of 1977, the amendments made by the Juvenile Justice Amendments of 1977 shall take effect on October 1, 1977.". RUNAWAY YOUTH 42 USC 5711. 42 USC 5712. 42 USC 5713. SEC. 7. (a) (1) Section 311 of the Act is amended (A) by inserting in the first sentence "and short-term training" after "technical assistance" and by inserting "and coordinated networks of such agencies" after "agencies"; (B) by inserting "or otherwise homeless youth" immediately after "runaway youth" where it first appears and by striking out "runaway youth" in the third and fourth sentences and inserting in lieu thereof "such youth"; and (C) by inserting "States," before "localities". (2) Section 312(b) (5) of the Act is amended by striking out "aftercase" and inserting in lieu thereof "aftercare". (3) Section 312(b) (6) of the Act is amended by striking out "parental consent" and inserting in lieu thereof "the consent of the individual youth and parent or legal guardian". (4) Section 313 of the Act is amended by striking out "$75,000" and "$100,000" and inserting in lieu thereof "$100,000" and "$150,000", respectively. (b) Part B of title III of the Act is amended to read as follows: "PART B-RECORDS 42 USC 5731. "RECORDS "SEC. 321. Records containing the identity of individual youths pursuant to this Act may under no circumstances be disclosed or transferred to any individual or to any public or private agency.". PUBLIC LAW 95-115-OCT. 3, 1977 91 STAT. 1059 (c) Title III of the Act is amended by redesigning part C as part 42 USC 5751. D, by redesignating section 331 as section 341, and by inserting after part B the following new part: "PART C-REORGANIZATION "REORGANIZATION PLAN Submittal to Congress. "SEC. 331. (a) After April 30, 1978, the President may submit to the Congress a reorganization plan which, subject to the provisions of subsection (b) of this section, shall take effect, if such reorganization plan is not disapproved by a resolution of either House of the Congress, in accordance with the provisions of, and the procedures established by chapter 9 of title 5, United States Code, except to the extent provided 5 USC 901 et seq. in this part. "(b) A reorganization plan submitted in accordance with the provisions of subsection (a) shall provide "(1) for the establishment of an Office of Youth Assistance which shall be the principal agency for purposes of carrying out this title and which shall be established "(A) within the Office of Juvenile Justice and Delinquency "(2) that the transfer authorized by paragraph (1) shall be effective 30 days after the last date on which such transfer could be disapproved under chapter 9 of title 5, United States Code; "(3) that property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions of the Office of Youth Development within the Department of Health, Education, and Welfare in the operation of functions. pursuant to this title, shall be transferred to the Office of Youth Assistance within the Office of Juvenile Justice and Delinquency Prevention or within the ACTION Agency, as the case may be, and that all grants, applications for grants, contracts, and other agreements awarded or entered into by the Office of Youth Development shall continue in effect until modified, superseded, or revoked; "(4) that all official actions taken by the Secretary of Health, Education, and Welfare, his designee, or any other person under the authority of this title which are in force on the effective date of such plan, and for which there is continuing authority under the provisions of this title, shall continue in full force and effect until modified, susperseded, or revoked by the Associate Administrator for the office of Juvenile Justice and Delinquency Prevention or by the Director of the ACTION Agency, as the case may be, as appropriate; and "(5) that references to the Office of Youth Development within the Department of Health, Education, and Welfare in any statue. reorganization plan. Executive order, regulation, or other official document or proceeding shall, on and after such date, be deemed to refer to the Office of Youth Assistance within the Office of Office of Youth Assistance. 91 STAT. 1060 PUBLIC LAW 95-115-OCT. 3, 1977 Juvenile Justice and Delinquency Prevention or within the (d) (1) Section 341 (a) of the Act, as so redesignated by subsection (c), is amended by inserting immediately before the period at the end thereof the fololwing: ", and for each of the fiscal years ending September 30, 1978, 1979, and 1980, the sum of $25,000,000". (2) Section 341(b) of the Act, as so redesignated by subsection (c), is amended to read as follows: "(b) The Secretary (through the Office of Youth Development which shall administer this title) shall consult with the Attorney General (through the Associate 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 title with those related programs and activities funded under title II of this Act and under the Omnibus Crime Control and Safe Streets Act of 1968, as amended.". AMENDMENTS TO TITLE 18, UNITED STATES CODE SEC. 8. (a) Section 4351(b) of title 18, United States Code, is amended by striking out "Deputy Assistant Administrator for the National Institute for" and inserting in lieu thereof “Associate Administrator for the Office of". (b) Section 5038 (a) of title 18, United States Code, is amended— (1) by striking out "and" at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon and "and"; and (3) by adding immediately after paragraph (5) the following: "(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037.". AMENDMENTS TO OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 SEC. 9. (a) Section 519 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended (1) by inserting ", and to the Committee on Education and Labor of the House of Representatives," immediately after "House of Representatives"; and (2) by striking out "and" at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph: "(12) a summary of State compliance with sections 223 (a) (12)-(14) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, the maintenance of effort requirement under section 261 (b) of such Act and section 520 (b) of this Act, State planning agency and regional planning unit representation requirements as set forth in section 203 of this Act, and other areas of state activity in carrying out juvenile justice and delinquency prevention programs under the comprehensive State plan.". PUBLIC LAW 95-115-OCT. 3, 1977 91 STAT. 1061 State planning (b) Section 203 (a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the fol- agency, lowing new sentences: "The Chairman and at least two additional membership. citizen members of any advisory group established pursuant to section 42 USC 3723. 223 (a) (3) of the Juvenile Justice and Delinquency Prevention Act of 1974 shall be appointed to the State planning agency as members Ante, p. 1051. thereof. These individuals may be considered in meeting the general representation requirements of this section. Any executive committee of a State planning agency shall include in its membership the same proportion of advisory group members as the total number of such members bears to the total membership of the State planning agency.". TECHNICAL AMENDMENT SEC. 10. The Act is amended by striking out title IV thereof. 42 USC 3811-3814, 3821, 3882, 3883, 3888, 3889. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-313 (Comm. on Education and Labor) and No. 95-542 SENATE REPORTS: No. 95-165 accompanying S. 1021 (Comm. on the Judiciary) and CONGRESSIONAL RECORD, Vol. 123 (1977): May 19, considered and passed House. June 21, considered and passed Senate, amended, in lieu of S. 1021. July 28, Senate agreed to conference report. Sept. 23, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 41: Oct. 3, Presidential statement. 36-930 - 79 - 52 91 STAT. 1412 PUBLIC LAW 95-193–NOV. 18, 1977 Public Law 95-193 95th Congress An Act To amend the Appalachian Regional Development Act of 1965 to permit an extension of the period of assistance for child development programs while a study is conducted on methods of phasing out Federal assistance to these programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202 (c) of the Appalachian Regional Development Act of 1965 is amended by striking out the period at the end of the seventh sentence and inserting in lieu thereof a comma and the following: "except that transitional funding not to exceed 75 per centum of annual operating costs may be approved for not more than two additional years of operations for child development demonstrations if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations.". SEC. 2. (a) The Appalachian Regional Commission and the Department of Health, Education, and Welfare shall make a full and complete investigation and study of the child development programs being assisted under the Appalachian Regional Development Act of 1965 to determine the source and nature of any problems in the phasing out of such Federal assistance to such programs and to recommend solutions to these problems, including procedures by which sponsorship of these programs can be turned over to State or private agencies, or both. (b) The Appalachian Regional Commission and the Department of Health, Education, and Welfare shall make a report to the Congress of their findings and recommendations under subsection (a) not later than one year after the date of enactment of this Act. Approved November 18, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-738, pt. I (Comm. on Public Works and Transportation). Nov. 1, considered and passed House. Nov. 3, considered and passed Senate. |