September 7, 1974 - 5 Pub. Law 93-415 treatment, rehabilitation, evaluation, research, and improvement of the juvenile justice system in the United States. In carrying out his functions, the Administrator shall consult with the Council and the National Advisory Committee for Juvenile Justice and Delinquency Prevention. 88 STAT. 1114 (b) In carrying out the purposes of this Act, the Administrator Duties. 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 he establishes; (3) conduct and support evaluations and studies of the per- Studies. formance 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 he determines may have an important bearing on the success of the entire Federal juvenile delinquency effort; submittal to President and Corgress. (5) develop annually with the assistance of the Advisery Com- Annual analysis mittee and submit to the President and the Congress, after the and evaluation, first year the legislation is enacted, prior to September 30, an analysis and evaluation of Federal juvenile delinquency programs conducted and assisted by Federal departments and agencies, the expenditures made, the results achieved, the plans developed, and problems in the operations and coordination of such programs. The report shall include recommendations for modifications in organization, management, personnel, standards, budget requests, and implementation plans necessary to increase the effectiveness of these programs; (6) develop annually with the assistance of the Advisory Con- Annual compremittee and submit to the President and the Congress, after the hersive plan, first year the legislation is enacted, prior to March 1, a compre submittal to hensive plan for Federal juvenile delinquency programs, with President and particular emphasis on the prevention of juvenile delinquency and the development of programs and services which will encourage increased diversion of juveniles from the traditional juvenile justice system; and (7) provide technical assistance to Federal, State, and local governments, courts, public and private agencies, institutions, and individuals, in the planning, establishment, funding, operation. or evaluation of juvenile delinquency programs. Congress. (c) The President shall, no later than ninety days after receiving Reports to each annual report under subsection (b) (5), submit a report to the Congress and Congress and to the Council containing a detailed statement of Council. action taken or anticipated with respect to recommendations made by ach such annual report. any 8 STAT. 1115 Annual reports, contents. Federal Govern ment services Pub. Law 93-415 - 6 September 7, 1974 (d) (1) The first annual report submitted to the President and the Congress by the Administrator under subsection (b) (5) shall contain, in addition to information required by subsection (b) (5), a detailed statement of criteria developed by the Administrator for identifying the characteristics of juvenile delinquency, juvenile delinquency prevention, diversion of youths from the juvenile justice system, and the training, treatment, and rehabilitation of juvenile delinquents. (2) The second such annual report shall contain, in addition to information required by subsection (b) (5), an identification of Federal programs which are related to juvenile delinquency prevention or treatment, together with a statement of the moneys expended for each such program during the most recent complete fiscal year. Such identification shall be made by the Administrator through the use of criteria developed under paragraph (1). (e) The third such annual report submitted to the President and the Congress by the Administrator under subsection (b)(6) shall contain, in addition to the comprehensive plan required by subsection (b) (6), a detailed statement of procedures to be used with respect to the submission of juvenile delinquency development statements to the Administrator by Federal agencies under subsection (“1”). Such statement submitted by the Administrator shall include a description of information, data, and analyses which shall be contained in each such development statement. (f) The Administrator may require, through appropriate authority, departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide him with such information and reports, and to conduct such studies and surveys, as he may deem to be necessary to carry out the purposes of this part. (g) The Administrator may delegate any of his functions under this part, except the making of regulations, to any officer or employee of the Administration. (h) The Administrator is authorized to utilize the services and facilities of any agency of the Federal Government and of any other and facilities, 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. utilization. Transfer of funds. Grants and contracts. Coordination with HEW. Development mittal to Council. (i) The Administrator is authorized to transfer funds appropriated under this title to any agency of the Federal Government to develop or demonstrate new methods in juvenile delinquency prevention and rehabilitation and to supplement existing delinquency prevention and rehabilitation programs which the Assistant Administrator finds to be exceptionally effective or for which he finds there exists exceptional need. (j) The Administrator is authorized to make grants to, or enter into contracts with, any public or private agency, institution, or individual to carry out the purposes of this part. (k) All functions of the Administrator under this part shall be coordinated as appropriate with the functions of the Secretary of the Department of Health, Education, and Welfare under the Juvenile Delinquency Prevention Act (42 U.S.C. 3801 et seq.). (1) (1) The Administrator shall require through appropriate statement, sub- authority each Federal agency which administers a Federal juvenile delinquency program which meets any criterion developed by the Administrator under section 204 (d) (1) 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 section 204 (f). Supra. September 7, 1974 - 7 Pub. Law 93-415, (2) Each juvenile delinquency development statement submitted to the Administrator under subsection ("") shall be submitted in accordance with procedures established by the Administrator under section 204 (e) and shall contain such information, data, and analyses as the Administrator may require under section 204(e). 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. 88 STAT. 1116 (3) The Administrator shall review and comment upon each juvenile Juvenile dedelinquency development statement transmitted to him under sub- linquency desection (""). Such development statement, together with the com- velopment ments of the Administrator, shall be included by the Federal agency statement, involved in every recommendation or request made by such agency for review. Federal legislation which significantly affects juvenile delinquency prevention and treatment. JOINT FUNDING SEC. 205. Notwithstanding any other provision of law, where funds 42 USC 5615. 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. In such cases, a single Non-Federal non-Federal share requirement may be established according to the snare require proportion of funds advanced by each Federal agency, and the Admin- en istrator 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 adininistering agency or which the administering agency does not impose. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY Establishment. SEC. 206. (a) (1) There is hereby established, as an independent Establishment. organization in the executive branch of the Federal Government a 42 USC 5616. Coordinating Council on Juvenile Justice and Delinquency Prevention (hereinafter referred to as the "Council") composed of the Attorney Membership. General, the Secretary of Health, Education, and Welfare, the Secretary of Labor, the Director of the Special Action Office for Drug Abuse Prevention, the Secretary of Housing and Urban Development, or their respective designees, the Assistant Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Deputy Assistant Administrator of the Institute for Juvenile Justice and Delinquency Prevention, and representatives of such other agencies as the President shall designate. (2) Any individual designated under this section shall be selected from individuals who exercise significant decisionmaking authority in the Federal agency involved. (b) The Attorney General shall serve as Chairman of the Council. Chairman. The Assistant 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) The function of the Council shall be to coordinate all Federal Functions. juvenile delinquency programs. The Council shall make recommendations to the Attorney General and the President 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. 88 STAT. 1117 Yeetings. Ante, p. 1114. Appropriation. National Advis ory Committee for Juvenile Justise and Delinquency Prevention. Establishment. 42 USC 5617. Membership. Terms of office. Meetings. Pub. Law 93-415 42 USC 5618. Recommendations to Administra tor. (d) The Council shall meet a minimum of six times per year and a description of the activities of the Council shall be included in the annual report required by section 204 (b) (5) of this title. (e) (1) The Chairman shall, with the approval of the Council, appoint an Executive Secretary of the Council. (2) The Executive Secretary shall be responsible for the day-today administration of the Council. (3) The Executive Secretary may, with the approval of the Council, appoint such personnel as he considers necessary to carry out the purposes of this title. (f) Members of the Council who are employed by the Federal Government full time shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Council. (g) To carry out the purposes of this section there is authorized to be appropriated such sums as may be necessary. ADVISORY COMMITTEE SEC. 207. (a) There is hereby established a National Advisory Committee for Juvenile Justice and Delinquency Prevention (hereinafter referred to as the "Advisory Committee") which shall consist of twenty-one members. (b) The members of the Coordinating Council or their respective designees shall be ex officio members of the Committee. (c) The regular members of the Advisory Committee shall be appointed by the President from persons who by virtue of their training or experience have special knowledge concerning the prevention and treatinent of juvenile delinquency or the administration of juvenile justice, such as juvenile or family court judges; probation, correctional, or law enforcement personnel; and representatives of private voluntary organizations and community-based programs. The President shall designate the Chairman. A majority of the members of the Advisory Committee, including the Chairman, shall not be full-time employees of Federal, State, or local governments. At least seven members shall not have attained twenty-six years of age on the date of their appointment. (d) Members appointed by the President to the Committee shall serve for terms of four years and shall be eligible for reappointment except that for the first composition of the Advisory Committee, onethird of these members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms; thereafter each term shall be four years. Such members shall be appointed within ninety days after the date of the enactment of this title. Any members appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. DUTIES OF THE ADVISORY COMMITTEE SEC. 208. (a) The Advisory Committee shall meet at the call of the Chairman, but not less than four times a year. (b) The Advisory Committee shall make recommendations to the Administrator at least annually with respect to planning, policy, priorities, operations, and management of all Federal juvenile delinquency programs. (c) The Chairman may designate a subcommittee of the members of the Advisory Committee to advise the Administrator on particular functions or aspects of the work of the Administration. September 7, 1974 .9 Pub. Law 93-415 (d) The Chairman shall designate a subcommittee of five members of the Committee to serve, together with the Director of the National Institute of Corrections, as members of an Advisory Committee for the National Institute for Juvenile Justice and Delinquency Prevention to perform the functions set forth in section 245 of this title. (e) The Chairman shall designate a subcommittee of five members of the Committee to serve as an Advisory Committee to the Administrator on Standards for the Administration of Juvenile Justice to perform the functions set forth in section 247 of this title. (f) The Chairman, with the approval of the Committee, shall appoint such personnel as are necessary to carry out the duties of the Advisory Committee. COMPENSATION AND EXPENSES 88 STAT. 1119 Post, p. 1127. SEC. 209. (a) Members of the Advisory Committee who are employed 42 USC 5€29. by the Federal Government full time shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Advisory Committee. (b) Members of the Advisory Committee not employed full time by the Federal Government shall receive compensation at a rate not to exceed the rate now or hereafter prescribed for GS-18 of the General Schedule by section 5332 of title 5 of the United States Code, 5 50 5332 including traveltime for each day they are engaged in the performance note. of their duties as members of the Advisory Committee. Members shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Advisory Committee. PART B-FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS Subpart I-Formula Grants SEC. 221. The Administrator is authorized to make grants to States 42 USC 5631. and local governments to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through 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. ALLOCATION SEC. 222. (a) In accordance with regulations promulgated under 42 USC 5630. this part, funds shall be allocated annually among the States on the basis of relative population of people under age eighteen. No such allotment to any State shall be less than $200,000, except that for the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands no allotment shall be less than $50,000. (b) Except for funds appropriated for fiscal year 1975, if any Reallocation amount so allotted remains unobligated at the end of the fiscal year, of funds. such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Funds appropriated for fiscal year 1975 may be obligated in accordance with subsection (a) until June 30, 1976, after which time they may be reallocated. Any amount so reallocated shall be in addition to the amounts already allotted and available to the State, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands for the same period. |