88 STAT. 1129 42 USC 5671. Additional funds. 42 USC 5672. Pub. Law 93-415 - 20 - September 7, 1974 diem allowance in the same manner as prescribed for persons employed intermittently in the Government service under section 5703(b) of title 5, United States Code. PART D-AUTHORIZATION OF APPROPRIATIONS SEC. 261. (a) To carry out the purposes of this title there is authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1975, $125,000,000 for the fiscal year ending June 30, 1976, and $150,000,000 for the fiscal year ending June 30, 1977. (b) In addition to the funds appropriated under this section, the Administration shall maintain from other Law Enforcement Assistance Administration appropriations other than the appropriations for administration, at least the same level of financial assistance for juvenile delinquency programs assisted by the Law Enforcement Assistance Administration during fiscal year 1972. NONDISCRIMINATION PROVISIONS SEC. 262. (a) No financial assistance for any program under this Act shall be provided unless the grant, contract, or agreement with respect to such program specifically provides that no recipient of funds will discriminate as provided in subsection (b) with respect to any such program. (b) No person in the United States shall on the ground of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this Act. The provisions of the preceding sentence shall be enforced in accordance with section 603 of the Civil 42 USC 2000d-2. Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if such person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act. 42 USC 5601 note. Ante, p. 1113. EFFECTIVE CLAUSE SEC. 263. (a) Except as provided by subsection (b), the foregoing provisions of this Act shall take effect on the date of enactment of this Act. (b) Section 204 (b) (5) and 204 (b) (6) shall become effective at the close of the thirty-first day of the twelfth calendar month of 1974. Section 204 (1) shall become effective at the close of the thirty-first day of the eighth calendar month of 1976. TITLE III-RUNAWAY YOUTH SHORT TITLE Runaway Youth 42 USC 5701 42 USC 5701. SEC 301. This title may be cited as the "Runaway Youth Act". FINDINGS SEC. 302. The Congress hereby finds that (1) the number of juveniles who leave and remain away from home without parental permission has increased to alarming proportions, creating a substantial law enforcement problem for the 80-236 - 77-4 September 7, 1974 21 Pub. Law 93-415 88 STAT. 1:30 communities inundated, and significantly endangering the young people who are without resources and live on the street; (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; and (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 temporary care outside the law enforcement structure. RULES SEC. 303. The Secretary of Health, Education, and Welfare (here- 42 USC 5702. inafter referred to as the "Secretary”) may prescribe such rules as he considers necessary or appropriate to carry out the purposes of this title. PART A-GRANTS PROGRAM PURPOSES OF GRANT PROGRAM 42 USC 5711. SEC. 311. The Secretary is authorized to make grants and to provide Localities and technical assistance to localities and nonprofit private agencies in nonprofit accordance with the provisions of this part. Grants under this part agencies, as shall be made for the purpose of developing local facilities to deal sistance. primarily with the immediate needs of runaway youth in a manner which is outside the law enforcement structure and juvenile justice system. The size of such grant shall be determined by the number of runaway youth in the community and the existing availability of services. Among applicants priority shall be given to private organizations or institutions which have had past experience in dealing with runaway youth. ELIGIBILITY SEC. 312. (a) To be eligible for assistance under this part, an appli- 42 US 5712. cant shall propose to establish, strengthen, or fund an existing or proposed runaway house, a locally controlled facility providing temporary shelter, and counseling services to juveniles who have left home without permission of their parents or guardians. (b) In order to qualify for assistance under this part, an applicant shall submit a plan to the Secretary meeting the following requirements and including the following information. Each house Runaway house, (1) shall be located in an area which is demonstrably frequented requirements. by or easily reachable by runaway youth; (2) shall have a maximum capacity of no more than twenty children, with a ratio of staff to children of sufficient portion to assure adequate supervision and treatment; (3) shall develop adequate plans for contacting the child's parents or relatives (if such action is required by State law) and assuring the safe return of the child according to the best interests of the child, for contacting local government officials pursuant to informal arrangements established with such officials by the runaway house, and for providing for other appropriate alternative living arrangements; 88 STAT. 1131, Aftercare counsel ing. Records, information disclosure, restriction. Annual reports to Secretary. Budget estimate. 42 USC 5713. 42 USC 5713. Report to Con ress. 42 USC 5715. (4) shall develop an adequate plan for assuring proper relations with law enforcement personnel, and the return of runaway youths from correctional institutions; (5) shall develop an adequate plan for aftercare counseling involving runaway youth and their parents within the State in which the runaway house is located and for assuring, as possible, that aftercase services will be provided to those children who are returned beyond the State in which the runaway house is located; (6) shall keep adequate statistical records profiling the children and parents which it serves, except that records maintained on individual runaway youths shall not be disclosed without parental consent to anyone other than another agency compiling statistical records or a government agency involved in the disposition of criminal charges against an individual runaway youth, and reports or other documents based on such statistical records shall not disclose the identity of individual runaway youths; (7) shall submit annual reports to the Secretary detailing how the house has been able to meet the goals of its plans and reporting the statistical summaries required by paragraph (6); (8) shall demonstrate its ability to operate under accounting procedures and fiscal control devices as required by the Secretary; (9) shall submit a budget estimate with respect to the plan submitted by such house under this subsection; and (10) shall supply such other information as the Secretary reasonably deems necessary. APPROVAL BY SECRETARY SEC. 313. An application by a State, locality, or nonprofit private agency for a grant under this part may be approved by the Secretary only if it is consistent with the applicable provisions of this part and meets the requirements set forth in section 312. Priority shall be given to grants smaller than $75,000. In considering grant applications under this part, priority shall be given to any applicant whose program budget is smaller than $100,000. GRANTS TO PRIVATE AGENCIES, STAFFING SEC. 314. Nothing in this part shall be construed to deny grants to nonprofit private agencies 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 house. Nothing in this part shall give the Federal Government control over the staffing and personnel decisions of facilities receiving Federal funds. REPORTS SEC. 315. The Secretary shall annually report to the Congress on the status and accomplishments of the runaway houses which are funded under this part, with particular attention to (1) their effectiveness in alleviating the problems of runaway youth; (2) their ability to reunite children with their families and to encourage the resolution of intra family problems through counseling and other services; (3) their effectiveness in strengthening family relationships and encouraging stable living conditions for children; and September 7, 1974 - 23 Pub. Law 93-415 88 STAT. (4) their effectiveness in helping youth decide upon a future course of action. FEDERAL SHARE SEC. 316. (a) The Federal share for the acquisition and renovation 42 USC 576 of existing structures, the provision of counseling services, staff train ing, 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 Non-Federal in cash or in kind, fairly evaluated by the Secretary, including plant, share. equipment, or services. (b) Payments under this section may be made in installments, in Payments. advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. PART B-STATISTICAL SURVEY SURVEY; REPORT SEC. 321. The Secretary shall gather information and carry out a 42 USC 5731. comprehensive statistical survey defining the major characteristic of the runaway youth population and determining the areas of the Nation most affected. Such survey shall include the age, sex, and socioeconomic background of runaway youth, the places from which and to which children run, and the relationship between running away and other illegal behavior. The Secretary shall report the results of such Report to information gathering and survey to the Congress not later than Congress. June 30, 1975. RECORDS SEC. 322. Records containing the identity of individual runaway Disclosure of youths gathered for statistical purposes pursuant to section 321 moy transfer, reunder no circumstances be disclosed or transferred to any individual striction or to any public or private agency. PART C-AUTHORIZATION OF APPROPRIATIONS 42 USC 5732. SEC. 331. (a) To carry out the purposes of part A of this title there 42 USC 5751. is authorized to be appropriated for each of the fiscal years ending June 30, 1975, 1976, and 1977, the sum of $10,000,000. (b) To carry out the purposes of part B of this title there is authorized to be appropriated the sum of $500,000. TITLE IV-EXTENSION AND AMENDMENT OF THE YOUTH DEVELOPMENT DEMONSTRATIONS SEC. 401. Title I of the Juvenile Delinquency Prevention Act is 42 USC 3811. amended (1) in the caption thereof, by inserting "AND DEMON STRATION PROGRAMS" after "SERVICES"; (2) following the caption thereof, by inserting "PART A-COMMUNITY-BASED COORDINATED YOUTH SERVICES"; (3) in sections 101, 102(a), 102(b) (1), 42 USC 3812102(b)(2), 103(a) (including paragraph (1) thereof), 104(a) (includ- 3814. ing paragraphs (1), (4), (5), (7), and (10) thereof), and 104 (b) by striking out "title" and inserting "part" in lieu thereof; and (4) by inserting at the end of the title following new part: 88 STAT. 1133 Grants. 42 USC 3821. Limitation. 42 USC 3888. 42 USC 3701 note. Repeal. 42 USC 3889. 42 USC 3883. 42 USC 3882. Pub. Law 93-415 24 September 7, 1974 . "PART B-DEMONSTRATIONS IN YOUTH DEVELOPMENT "SEC. 105. (a) For the purpose of assisting the demonstration of innovative approaches to youth development and the prevention and treatment of delinquent behavior (including payment of all or part of the costs of minor remodeling or alteration), the Secretary may make grants to any State (or political subdivision thereof), any agency thereof, and any nonprofit private agency, institution, or organization that submits to the Secretary, at such time and in such form and manner as the Secretary's regulations shall prescribe, an application containing a description of the purposes for which the grant is sought, and assurances satisfactory to the Secretary that the applicant will use the grant for the purposes for which it is provided, and will comply with such requirements relating to the submission of reports, methods of fiscal accounting, the inspection and audit of records and other materials, and such other rules, regulations, standards, and procedures, as the Secretary may impose to assure the fulfillment of the purposes of this Act. "(b) No demonstration may be assisted by a grant under this section for more than one year." CONSULTATION SEC. 402. (a) Section 408 of such Act is amended by adding at the end of subsection (a) thereof the following new subsection: "(b) The Secretary shall consult with the Attorney General for the purpose of coordinating the development and implementation of programs and activities funded under this Act with those related programs and activities funded under the Omnibus Crime Control and Safe Streets Act of 1968"; and by deleting subsection (b) thereof. (b) Section 409 is repealed. REPEAL OF MINIMUM STATE ALLOTMENTS SEC. 403. Section 403 (b) of such Act is repealed, and section 403 (a) of such Act is redesignated section 403. EXTENSION OF PROGRAM SEC. 404. Section 402 of such Act, as amended by this Act, is further amended in the first sentence by inserting after "fiscal year" the following: "and such sums as may be necessary for fiscal year 1975". TITLE V-MISCELLANEOUS AND CONFORMING SEC. 501. Section 5031 of title 18, United States Code, is amended to read as follows: "8 5031. Definitions "For the purposes of this chapter, a 'juvenile' is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and 'juvenile delinquency' is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult." |