text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/934

 98 STAT. 2094

PUBLIC LAW 98-473—OCT. 12, 1984 "SUBPOENA POWER; EMPLOYMENT OF HEARING OFFICERS; AUTHORITY TO HOLD HEARINGS

42 USC 3787.

"SEC. 806. The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint such hearing examiners or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, United States Code, as shall be necessary to carry out their respective powers and duties under this title. The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof or any hearing examiner or administrative law judge assigned to or employed thereby shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States they respectively may designate. " P E R S O N N E L A N D ADMINISTRATIVE AUTHORITY

42 USC 3788.

Advisory committees, establishment.

5 USC app. 1.

"SEC. 807. (a) The Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Institute, and the Director of the Bureau of Justice Statistics are authorized to select, appoint, employ, and fix compensation of such officers and employees as shall be necessary to carry out the powers and duties of the Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics, respectively, under this title. "(b) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of Federal, State, and local agencies to the extent deemed appropriate after giving due consideration to the effectiveness of such existing services, equipment, personnel, and facilities. "(c) The Office, the Bureau of Justice Assistance,, the National Institute of Justice, and the Bureau of Justice Statistics may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of the functions under this title. "(d) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5, United States Code. "(e) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorJ2ed to appoint, without regard to the provisions of title 5, United States Ccxie, advisory committees to advise them with respect to the administration of this title as they deem necessary. Such committees shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Members of such committees not otherwise in the employ of the United States, while engaged in advising or attending meetings of such committees, shall be compensated at rates to be fixed by the Office but not to exceed the daily equivalent of the rate

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/935

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2095

of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5 of the United States Code, and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently. "(0 Payments under this title may be made in installments, and in advance or by way of reimbursement, as may be determined by the Office, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding section 1345 of title 31, United States Code. "(g) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services notwithstanding section 1342 of title 31, United States Code. Such individuals shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims.

5 USC 5703.

5 USC 8101 et olWo^ n^n-,

"TITLE TO PERSONAL PROPERTY

"SEC. 808. Notwithstanding any other provision of law, title to all expendable and nonexpendable personal property purchased with funds made available under this title, including such property purchased with funds made available under this title as in effect before the effective date of the Justice Assistance Act of 1984, shall vest in the criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office described in section 408 of this title that it will use the property for criminal justice purposes. If such certification is not made, title to the property shall vest in the State office, which shall seek to have the property used for criminal justice purposes elsewhere in the State prior to using it or disposing of it in any other manner.". (h) Section 809, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d) is amended— (1) by amending the heading to read as follows: "Prohibition of Federal Control Over State and Local Criminal Justice Agencies; Prohibition of Discrimination", (2) by amending subsection (a) to read as follows: "(a) Nothing in this title or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal justice agency of any State or any political subdivision thereof.", and (3) in subsection (c) by striking out "Office of Justice Assistance, Research, and Statistics" each place it appears and inserting in lieu thereof "Office of Justice Programs". (i) Section 810, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789e) is amended to read as follows:

42 USC 3789.

Ante, p. 2077. Ante, p. 2085.

Ante, p. 2093.

Ante, p. 2093.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/936

 98 STAT. 2096

PUBLIC LAW 98-473—OCT. 12, 1984 REPORT TO PRESIDENT AND CONGRESS

Ante, p. 2093.

Ante, p. 2093.

Repeal.

42 USC

3781-27890. 42 USC 3789h. Ante, p. 2093.

42 USC 3789Z.

Ante, p. 2093.

"SEC. 810. Not later than April 1 of each year, the Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each submit a report to the President and to the Speaker of the House of Representatives and the President of the Senate, on their activities under this title during the fiscal year next preceding such date.". (j) Section 811, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789f) is amended— (1) by striking out "Office of Justice Assistance, Research, and Statistics" each place it appears and inserting in lieu thereof "Office of Justice Programs", (2) by striking out subsection (d), and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (k) Section 812, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789g) is amended by striking out "Office of Justice Assistance, Research, and Statistics" each place it appears and inserting in lieu thereof "Office of Justice Programs". (1) Part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781-3789o) is amended by striking out section 819. (m) Section 813, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 37891) is amended— (1) by striking out subsection (a), and (2) in subsection (b) by striking out "(b|'. (n) Section 816, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 37891) is amended by striking out "Administration" and inserting in lieu thereof "Assistant Attorney General". (o) Section 819(c), as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. 1761 note) is amended— (1) by striking out "this section" and inserting in lieu thereof "section 1761 of title 18, United States Code, and of the first section of the Act of June 30, 1936 (49 Stat. 2036; 41 U.S.C. 35), commonly known as the Walsh-Healey Act,", and (2) by inserting ", as amended from time to time," after "goods". DEFINITIONS

SEC. 609C. (a) Section 901 of part I of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791) is amended by striking out "Administration" each place it appears and inserting in lieu thereof "Office". (b) Section 901(a) of part I of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended— (1) in paragraph (2)— (A) by inserting "and" after "Puerto Rico," and (B) by striking out ", Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands",

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text:
Author:Ameen Rihani

Books

 * The Book of Khalid (1911)
 * Wajdah (1911-1921)
 * The Green Flag (1914) (manuscript)
 * The Lily of al-Ghore (1917) (manuscript)
 * Jahan (1918) (manuscript)
 * The Descent of Bolshevism (1920)
 * The Path of Vision (1921)
 * Maker of Modern Arabia (1928)
 * Letters to Uncle Sam (posthumous)

Published Collections

 * The Quatrains of Abu'l-Ala (1903)
 * Myrtle and Myrrh (1905)
 * The Luzumiyat of Abu'l-Ala (1920)
 * A Chant of Mystics and Other Poems (1921)

Individual Poems

 * An Anodyne
 * The Battle Eternal
 * The Comedy Divine
 * New York (1910)
 * The Screens of Life
 * The Three Golden Threads
 * To The Sonnet
 * Waves of My Life
 * What Wisdom Sows

title: Author:Ameen Rihani


text: Letter from Frank Wilson updating the Capone investigation, March 27, 1931


text:
Page:The Yellow Book - 06.djvu/296

 So we passed on, but the bridge-keeper took no heed of the coins. For awhile we heard her bellowed sighs issuing from the openings of her den.

Strangely enough, the tenour of our talk changed from the moment that we left the bridge. He had been telling me of the Platonists, but when our feet pressed the sun-dried grass I was impelled to question him of love. It was the first time I had thought of the matter.

"How does passion first touch a man's life?" I asked, laying my hand on his arm.

His ruddy colour faded, he smiled wryly.

"You divine what passes in my brain," he replied. "I also had begun to meditate. . . . . But I may not tell you. . . . . In my boyhood—I was scarce older than you at the time—I loved the true paragon. 'Twere sacrilege to speak of the birth of passion. Let it suffice that ere I tasted of wedlock the woman died, and her death sealed for ever the door of that chamber of my heart. . . . . Yet, if one might see therein, there is an altar crowned with ever-burning tapers and with wreaths of unwithering asphodels."

By this time we had reached the skirt of a yew-forest, traversed in every direction by narrow paths. The air was moist and heavy, but ever and anon a light wind touched the tree-tops and bowed them, so that the pollen sank in golden veils to the ground.

Everywhere we saw half-ruined fountains, satyrs vomiting senilely, nymphs emptying wine upon the lambent flames of dying phœnixes, creatures that were neither satyrs nor nymphs, nor gryphins, but grotesque adminglings of all, slain by one another, with water gushing from wounds in belly and thigh.

At length the path we had chosen terminated beside an oval mere that was surrounded by a colonnade of moss-grown arches.

title: Page:The Yellow Book - 06.djvu/296


text:
Author:Edward Holland Nicoll

Works

 * The descendants of John Nicoll of Islip, England, who died A.D. 1467 (1894)

title: Author:Edward Holland Nicoll


text:
Author:H. Nipperdey

Articles in Popular Science Monthly

 * 1.

title: Author:H. Nipperdey


text: Author:Henry George Stebbins Noble

title: Author:Henry George Stebbins Noble


text:
Author:Franklin Haven North

Works

 * The Awakening of Noahville (1898)
 * The Awakening of Noahville (1898)

Works about North

 * John North of Farmington, Connecticut and his descendants; with a short account of other early North families (1921) by Dexter North

title: Author:Franklin Haven North


text:
Page:The Yellow Book - 06.djvu/298

 crowned a western tower, their white wings beat against a silver bell that glistened there, and the whole valley was filled with music.

My Master trembled and crossed himself. "In the name of our Mother," he exclaimed, "let us return. I dare not trust your life here."

But a great door in front of the palace swung open, and a woman with a swaying walk came out to the terrace. She wore a robe of crimson worn into tatters at skirt-hem and shoulders. She had been forewarned of our presence, for her face turned instantly in our direction. She smiled subtly, and her smile died away into a most tempting sadness.

She caught up such remnants of her skirt as trailed behind, and strutted about with the gait of a peacock. As the sun touched the glossy fabric I saw eyes inwrought in deeper hue.

My Master still trembled, but he did not move, for the gaze of the woman was fixed upon him. His brows twisted and his white hair rose and stood erect, as if he viewed some unspeakable horror.

Stooping, with sidelong motions of the head, she approached; bringing with her the smell of such an incense as when amidst Eastern herbs burns the corse. . . . . She was perfect of feature as the Diana, but her skin was deathly white and her lips fretted with pain.

She took no heed of me, but knelt at my Master's feet—a Magdalene before an impregnable priest.

"Prince and Lord, Tower of Chastity, hear!" she murmured. "For lack of love I perish. See my robe in tatters!"

He strove to avert his face, but his eyes still dwelt upon her. She half rose and shook nut-brown tresses over his knees.

Youth came back in a flood to my Master. His shrivelled skin

title: Page:The Yellow Book - 06.djvu/298


text: Author:Johann Nepomuk von Nussbaum

title: Author:Johann Nepomuk von Nussbaum


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/937

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2097

(2) in paragraph (3) by inserting ", Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands" after "District of Columbia" before the semicolon, (3) in paragraph (4)— (A) by inserting "renovation, repairs, remodeling," after "acquisition,", and (B) by striking out ", but does not include renovation, repairs, or remodeling", (4) in paragraph (7) by striking out "institution or", (5) by amending paragraph (8) to read as follows: "(8) 'correctional facility project' means a project for the construction, replacement, alteration or expansion of a prison or jail for the purpose of relieving overcrowding or substandard conditions;", and (6) by amending paragraph (13) to read as follows: "(13) 'cost of construction' means all expenses found by the Director to be necessary for the construction of the project, including architect and engineering fees, but excluding land acquisition costs;". FUNDING

SEC. 609D. (a) Section 1001 of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended to read as follows: AUTHORIZATION OF APPROPRIATIONS

"SEC. 1001. (a)(1) There are authorized to be appropriated for fiscal years 1984, 1985, 1986, 1987, and 1988 such sums as may be necessary to carry out the functions of the Bureau of Justice Statistics. "(2) There are authorized to be appropriated for fiscal years 1984, 1985, 1986, 1987, and 1988 such sums as may be necessary to carry out the functions of the National Institute of Justice. "(3) There is authorized to be appropriated such sums as may be necessary for each of the fiscal years 1984, 1985, 1986, 1987, and 1988 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance, other than functions under parts F, G, and L of this title. "(4) "There is authorized to be appropriated $25,000,000 for each of the fiscal years 1984, 1985, 1986, 1987, and 1988 to carry out part F. "(5) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out part L. "(6) Funds appropriated for any fiscal year may remain available for obligation until expended. "(b) Notwithstanding any other provision of law, no funds appropriated under this section for parts D and E of this title may be transferred or reprogrammed for carrying out any activity which is not authorized under such parts.". (b) Part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793-3793b) is amended by striking out sections 1002 and 1003. CRIMINAL PENALTIES

SEC. 609E. (a) Section 1101 of part K of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3795) is

Ante, pp. 2088, 2090; post, p. 2098.

Prohibition. Ante, pp. 2080, 2086, 2087. Repeal. 42 USC 3793a, 3793b.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/938

 98 STAT. 2098

42 USC 3795b.

PUBLIC LAW 98-473—OCT. 12, 1984

amended by striking out "Law Enforcement Assistance Administration" and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance", (b) Section 1103 of part K of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3795-3795b) is amended by striking out "Law Enforcement Assistance Administration" and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance". PUBLIC SAFETY OFFICERS* DEATH BENEFITS

SEC. 609F. Part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796-3796c) is amended to read as follows: "PART L—PUBLIC SAFETY OFFICERS' DEATH BENEFITS "PAYMENTS

42 USC 3796.

"SEC. 1201. (a) In any case in which the Bureau of Justice Assistance (hereinafter in this part referred to as the 'Bureau') determines, under regulations issued pursuant to this part, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $50,000 as follows: "(1) if there is no surviving child of such officer, to the surviving spouse of such officer; "(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse; "(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or "(4) if none of the above, to the dependent parent or parents of such officer in equal shares. "(b) Whenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of this section. "(c) The amount of an interim payment under subsection (b) shall be deducted from the amount of any final benefit paid to such individual. "(d) Where there is no final benefit paid, the recipient of any interim payment under subsection (b) shall be liable for repayment of such amount. The Bureau may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment. "(e) The benefit payable under this part shall be in addition to any other benefit that may be due from any other source, except— "(1) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4-622); or "(2) benefits authorized by section 8191 of title 5, United States Code. Such beneficiaries shall only receive benefits under such section 8191 that are in excess of the benefits received under this part.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/939

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2099

"(f) No benefit paid under this part shall be subject to execution or attachment.

Prohibitions.

LIMITATIONS

"SEC. 1202. No benefit shall be paid under this part— "(1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death; "(2) if the public safety officer was voluntarily intoxicated at the time of his death; "(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death; "(4) to any individual who would otherwise be entitled to a benefit under this part if such individual's actions were a substantial contributing factor to the death of the public safety officer; or "(5) to any individual employed in a capacity other than a civilian capacity.

42 USC 3796a.

"DEFINITIONS

"SEC. 1203. As used in this part— "(1) 'child' means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is— "(i) 18 years of age or under; "(ii) over 18 years of age and a student as defined in section 8101 of title 5, United States Code; or "(iii) over 18 years of age and incapable of self-support because of physical or mental disability; "(2) 'dependent' means any individual who was substantially reliant for support upon the income of the deceased public safety officer; "(3) 'firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department; "(4) 'intoxication' means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by— "(i) a post-mortem blood alcohol level of.20 per centum or greater; or "(ii) a post-mortem blood alcohol level of at least.10 per centum but less than.20 per centum unless the Bureau receives convincing evidence that the public safety officer was not acting in an intoxicated manner immediately prior to his death; or resulting from drugs or other substances in the body; "(5) 'law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including, but not limited to, police, corrections, probation, parole, and judicial officers; "(6) 'public agency' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local

42 USC 3796b.

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text:
Author:R. A. Oakes

Articles in Popular Science Monthly

 * 1.

title: Author:R. A. Oakes


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/940

 98 STAT. 2100

PUBLIC LAW 98-473—OCT. 12, 1984 government, department, agency, or instrumentality of any of the foregoing; and "(1) 'public safety officer' means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer or a firefighter. ADMINISTRATIVE PROVISIONS

Regulations. 42 USC 3796c.

Claims.

"SEC. 1204. (a) The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this part. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this part. Rules, regulations, and procedures issued under this part may include regulations governing the recognition of agents or other persons representing claimants under this part before the Bureau. The Bureau may prescribe the maximum fees which may be charged for services performed in connection with any claim under this part before the Bureau, and any agreement in violation of such rules and regulations shall be void. "(b) In making determinations under section 1201, the Bureau may utilize such administrative and investigative assistance as may be available from State and local agencies. Responsibility for making final determinations shall rest with the Bureau.". TRANSITION

42 USC 3797.

Ante, p. 2077.

SEC. 609G. Section 1301 of part M of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3799) is amended— (1) in subsection (a)— (A) by inserting "(1)" after "(a)", and (B) by adding at the end thereof the following new paragraph: "(2) All orders, determinations, rules, regulations, and instructions issued under this title which are in effect on the date of the enactment of the Justice Assistance Act of 1984 shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Attorney General, the Assistant Attorney General, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, or the Director of the Bureau of Justice Assistance with respect to their functions under this title or by operation of law.", (2) by striking out subsection (j), and (3) by redesignating subsection (k) as subsection (j). TABLE OF CONTENTS

42 USC 3701-3797.

SEC. 609H. The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3799) is amended to read as follows: "TABLE OF CONTENTS "PART A—OFFICE OF JUSTICE PROGRAMS

"Sec. 101. Establishment of Office of Justice Programs. "Sec. 102. Duties and functions of Assistant Attorney General. "PART B—NATIONAL INSTITUTE OF JUSTICE

"Sec. 201. National Institute of Justice. "Sec. 202. Establishment, duties, and functions.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/941

 PUBLIC LAW 98-473—OCT. 12, 1984 'Sec. 203. Authority for 100 per centum grants. "PART C—BUREAU OR JUSTICE STATISTICS

'Sec. 301. Bureau of Justice Statistics. "Sec. 302. Establishment, duties, and functions. "Sec. 303. Authority for 100 per centum grants. 'Sec. 304. Use of data. "PART D—BLOCK GRANTS

"Sec. 401. Establishment of Bureau of Justice Assistance. "Sec. 402. Duties and functions of Director. "Sec. 403. Description of program. "Sec. 404. Eligibility. '"Sec. 405. Applications. '"Sec. 406. Review of applications. '"Sec. 407. Allocation and distribution of funds. "Sec. 408. State office. "PART E—DISCRETIONARY GRANTS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

501. Purpose. 502. Percentage of appropriation for discretionary grant program. 503. Procedure for establishing discretionary programs. 504. Application requirements. 505. Criteria for award. 506. Period for award. "PART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM

"Sec. 601. Authority for payments. '"Sec. 602. Eligibility. "'Sec. 603. Application; approval; payment. "Sec. 604. Recapture provisions. "Sec. 605. Clearinghouse on the construction and modernization of criminal justice facilities. "PART G—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL

"Sec. 701. Training and manpower development. "PART H—ADMINISTRATIVE PROVISIONS

"Sec. 801. Consultation; establishment of rules and regulations. "Sec. 802. Notice and hearing on denial or termination of grant. "'Sec. 803. Finality of determinations. "Sec. 804. Appellate court review. "Sec. 805. Del^ation of functions. "Sec. 806. Subpoena power; employment of hearing officers; authority to hold hearings. "Sec. 807. Personnel and administrative authority. "Sec. 808. Title to personal property. "Sec. 809. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination. "Sec. 810. Report to President and Congress. "Sec. 811. Recordkeeping requirement. "Sec. 812. Confidentiality of information. "Sec. 813. Administration of juvenile delinquency programs. "Sec. 814. Prohibition of land acquisition. "Sec. 815. Prohibition on use of CIA services. "Sec. 816. Indian liability waiver. "Sec. 817. District of Columbia matching fund source. "Sec. 818. Limitation on civil justice matters. "Sec. 819. Prison industry enhancement "PART I—DEFINITIONS

"Sec. 901. Definitions. "PART J—FUNDING

"Sec. 1001. Authorization of appropriations.

98 STAT. 2101

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/942

 98 STAT. 2102

PUBLIC LAW 98-473—OCT. 12, 1984 "PART K—CRIMINAL PENALTIES

"Sec. 1101. Misuse of Federal assistance. "Sec. 1102. Falsification or concealment of facts. "Sec. 1103. Conspiracy to commit offense against United States. "PART L—PUBLIC SAFETY OFFICERS' DEATH BENEFITS

"Sec. "Sec. "Sec. "Sec.

1201. Payments. 1202. Limitations. 1203. Definitions. 1204. Administrative provisions. "PART M—TRANSITION—EFFECTIVE DATE—REPEALER

"Sec. 1301. Continuation of rules, authorities, and proceedings.". REFERENCES IN OTHER LAWS

42 USC 3711 i^ote42 USC 3701 ^°^-

SEC. 6091. (a) Any reference to the Law Enforcement Assistance Administration, or to the Administrator of the Law Enforcement Assistance Administration, in any law other than this Act and the Omnibus Crime Control and Safe Streets Act of 1968, applicable to activities, functions, powers, and duties that after the date of the enactment of this Act are carried out by the Bureau of Justice Assistance shall be deemed to be a reference to the Bureau of Justice Assistance, or to the Director of the Bureau of Justice Assistance, as the case may be. (b) Any reference to the Office of Justice Assistance, Research, and Statistics, or to the Director of the Office of Justice Assistance, Research, and Statistics, in any law other than this Act and the Omnibus Crime Control and Safe Streets Act of 1968, applicable to activities, functions, powers, and duties that after the date of the enactment of this Act are carried out by the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, or the Office of Juvenile Justice Delinquency Prevention shall be deemed to be a reference to the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, or Office of Juvenile Justice Delinquency Prevention, or to the Director of the Office of Justice Programs, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, or the Administrator of the Office of Juvenile Justice and Delinquency Prevention, as the case may be. TECHNICAL AMENDMENTS TO OTHER LAWS

SEC. 609J. (a) Section 5314 of title 5, United States Code, is amended by striking out "Director, Office of Justice Assistance, Research, and Statistics.". (b) Section 5315 of title 5, United States Code, is amended by striking out "Administrator of Law Enforcement Assistance.". OFFENSES INVOLVING PRISON-MADE GOODS

SEC. 609K. (a) Section 1761(c) of title 18, United States Code, is amended— (1) by striking out "seven" and inserting in lieu thereof "twenty", and (2) by striking out "Administrator of the Law Enforcement Assistance Administration" and inserting in lieu thereof "Director of the Bureau of Justice Assistance'.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/943

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2103

(b) Section 1761 of title 18, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding any law to the contrary, materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23, United States Code.".

Highways.

FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION DOCUMENTS

SEC. 609L. (a) For purposes of section 1028 of title 18, United States Code, to the maximum extent feasible, personal descriptors or identifiers utilized in identification documents, as defined in such section, shall utilize common descriptive terms and formats designed to— (1) reduce the redundancy and duplication of identification systems by providing information which can be utilized by the maximum number of authorities, and (2) facilitate positive identification of bona fide holders of identification documents. (h) The President shall, no later than 3 years after the date of enactment of this Act, and after consultation with Federal, State, local, and international issuing authorities, and concerned groups make recommnedations to the Congress for the enactment of comprehensive legislation on Federal identification systems. Such legislation shall— (1) give due consideration to protecting the privacy of persons who are the subject of any identification system, (2) recommend appropriate civil and criminal sanctions for the misuse or unauthorized disclosure of personal identification information, and (3) make recommendations providing for the exchange of personal identification information as authorized by Federal or State law or Executive order of the President or the chief executive officer of any of the several States.

18 USC 1028 note.

President of U.S.

Subtitle B—Emergency Federal Law Enforcement Assistance Application SEC. 609M. (a) In the event that a law enforcement emergency exists throughout a State or a part of a State, a State (on behalf of itself or another appropriate unit of government) may submit an application under this section for Federal law enforcement assistance. (b) An application for sissistance under this section shall be submitted in writing by the chief executive officer of a State to the Attorney General, in a form prescribed by rules issued by the Attorney General. The Attorney General shall, after consultation with the Director of the Office of Justice Assistance and appropriate members of the Federal law enforcement community, approve or disapprove such application not later than 10 days after receiving such application. (c) Federal law enforcement assistance may be provided if such assistance is necessary to provide an adequate response to a law enforcement emergency. In determining whether to approve or disapprove an application for assistance under this section, the Attorney General shall consider—

42 USC 10501.

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text:
Author:Rollo Ogden

Translations

 * The Organist (orig. 1861) by Gustavo Adolfo Bécquer
 * The Tall Woman (orig. 1882) by Pedro Antonio de Alarcón

title: Author:Rollo Ogden


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/944

 98 STAT. 2104

42 USC 3701.

PUBLIC LAW 98-473—OCT. 12, 1984 (1) the nature and extent of such emergency throughout a State or in any part of a State, (2) the situation or extraordinary circumstances which produced such emergency, (3) the availability of State and local criminal justice resources to resolve the problem, (4) the cost associated with the increased Federal presence, (5) the need to avoid unnecessary Federal involvement and intervention in matters primarily of State and local concern, and (6) any assistance which the State or other appropriate unit of government has received, or could receive, under any provision of title I of the Omnibus Crime Control and Safe Streets Act of 1968. DEFINITIONS

42 USC 10502.

SEC. 609N. For purposes of this subdivision— (1) the term "Federal law enforcement assistance" means funds, equipment, training, intelligence information, and personnel, (2) the term "Federal law enforcement community" means the heads of the following departments or agencies: (A) the Federal Bureau of Investigation, (B) the Drug Enforcement Administration, (C) the Criminal Division of the Department of Justice, (D) the Internal Revenue Service, (E) the Customs Service, (F) the Immigration and Naturalization Service, (G) the United States Marshals Service, (H) the National Park Service, (I) the United States Postal Service, (J) the Secret Service, (K) the Coast Guard, (L) the Bureau of Alcohol, Tobacco, and Firearms, and (M) other Federal agencies with specific statutory authority to investigate violations of Federal criminal laws, (3) the term "law enforcement emergency" means an uncommon situation which requires law enforcement, which is or threatens to become of serious or epidemic proportions, and with respect to which State and local resources are inadequate to protect the lives and property of citizens or to enforce the criminal law, except that such term does not include— (A) the perceived need for planning or other activities related to crowd control for general public safety projects, or (B) a situation requiring the enforcement of laws associated with scheduled public events, including political conventions and sports events, and (4) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/945

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2105

LIMITATION ON AUTHORITY

SEC. 609O. (a) Nothing in this subdivision authorizes the use of Federal law enforcement personnel to investigate violations of criminal law other than violations with respect to which investigation is authorized by other provisions of law. (b) Nothing in this subdivision shall be construed to authorize the Attorney General or the Federal law enforcement community to exercise any direction, supervision, or control over any police force or other criminal justice agency of an applicant for Federal law enforcement assistance. (c) Nothing in this subdivision shall be construed to authorize the Attorney General or the Federal law enforcement community— (1) to condition the availability or amount of Federal law enforcement assistance upon the adoption by an applicant for such assistance of, or (2) to deny or discontinue such assistance upon the failure of such applicant to adopt, a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency of such applicant. (d) No funds provided under this subdivision may be used to supplant State or local funds that would otherwise be made available for such purposes. (e) Nothing in this subdivision shall be construed to limit any authority to provide emergency assistance otherwise provided by law.

Law enforcement. 42 USC 10503.

Disaster assistance.

PROHIBITION OF DISCRIMINATION

SEC. 609P. (a) No person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this subdivision. (b) Paragraph (3) and paragraph (4) of section 809(c) of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as so redesignated by section 511(f) of this Act) shall apply with respect to a violation of subsection (a), except that the terms "this section" and "paragraph (1)", as such terms appear in such paragraphs, shall be deemed to be references to subsection (a) of this section, and a reference to the Office of Justice Programs in such paragraphs shall be deemed to be a reference to the Attorney General.

42 USC 10504.

Ante, pp. 2093.

CONFIDENTIALITY OF INFORMATION

SEC. 609Q. Section 812 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as so redesignated by section 511(f) of this Act) shall apply with respect to— (1) information furnished under this subdivision, (2) criminal history information collected, stored, or disseminated with the support of Federal law enforcement assistance provided under this subdivision, and (3) criminal intelligence systems operating with the support of Federal law enforcement assistance provided under this subdivision, except that the terms "this title" and "this section", as such terms appear in such section 812, shall be deemed to be references to this

42 USC 10505. Ante, pp. 2093, 2096. 93 Stat. 1213. 42 USC 3789g.

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 98 STAT. 2106 Ante, pp. 2093, 2096.

PUBLIC LAW 98-473—OCT. 12, 1984

subdivision and this section, respectively, of this Act, and a reference to the Office of Justice Programs in such section 812 shall be deemed to be a reference to the Attorney General. PROHIBITION OF LAND ACQUISITION

42 USC 10506.

SEC. 609R. No funds provided under this subdivision shall be used for land acquisition. REPAYMENT

42 USC 10507.

Claims.

SEC. 609S. (a) If Federal law enforcement assistance provided under this subdivision is used by the recipient of such assistance in violation of section 554 or for any purpose other than the purpose for which it is provided, then such recipient shall promptly repay to the Attorney General an amount equal to the value of such assistance. (b) The Attorney General may bring a civil action in an appropriate United States district court to recover any amount required to be repaid under subsection (a). RECORDKEEPING REQUIREMENT

42 USC 10508.

Audit.

SEC. 609T. (a) Each recipient of Federal law enforcement assistance provided under this subdivision shall keep such records as the Attorney General may prescribe to facilitate an effective audit. (b) The Attorney General and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of recipients of Federal law enforcement assistance provided under this subdivision which, in the opinion of the Attorney General or the Comptroller General, are related to the receipt or use of such assistance. REPORT TO CONGRESS

42 USC 10509.

SEC. 609U. Not later than April 1 of each year, the Attorney General shall submit to the President, to the Speaker of the House of Representatives, and to the President of the Senate a report describing Federal law enforcement assistance provided under this subdivision during the calendar year preceding the date such report is made. BUREAU OF JUSTICE ASSISTANCE

42 USC 10510.

SEC. 609V. The Director of the Bureau of Justice Assistance may assist the Attorney General in providing Federal law enforcement assistance under this subdivision and in coordinating the activities authorized under this subdivision. LIMITATION ON CIVIL JUSTICE MATTERS

42 USC 10511.

SEC. 609W. Federal law enforcement assistance provided under this subdivision may not be used with respect to civil justice matters except to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.

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text:
Author:J. Okie

Articles in Popular Science Monthly

 * 1.

title: Author:J. Okie


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Page:United States Statutes at Large Volume 98 Part 2.djvu/947

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2107

ISSUANCE OF RULES

SEC. 609X. The Attorney General, after consultation with appropriate members of the law enforcement community and with State and local officials, shall issue rules to carry out this subdivision.

42 USC 10512.

AUTHORIZATION OF APPROPRIATIONS

SEC. 609Y.(a) There is authorized to be appropriated $20,000,000 for each fiscal year ending after September 30, 1984, to provide under this subdivision Federal law enforcement assistance in the form of funds. 03) There are authorized to be appropriated for each fiscal year ending after September 30, 1984, such sums as may be necessary to provide under this subdivision Federal law enforcement assistance other than funds.

42 USC 10513.

Subtitle C—Conforming Amendment; Effective Dates REPEALER

SEC. 609Z. Section 204 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Public Law 98-411) is repealed.

42 USC 3796-3796b, 3796 note. Ante, p. 1561.

EFFECTIVE DATES

SEC. 609AA. (a) Except as provided in subsection (h), this division and the amendments made by this title shall take effect on the date of the enactment of this joint resolution or October 1, 1984, whichever is later. (b)il) The amendment made by section 609F shall take effect on October 1, 1984, and shall not apply with respect to injuries sustained before October 1, 1984. (2) Section 609Z shall take effect on October 1, 1984. DIVISION II—AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 Subdivision A—General Provisions

42 USC 3711 note.

Juvenile Justice, Runaway Youth, and Missing ehildren's Act Amendments of 1984,

SHORT TITLE

SEC. 610. This Division may be cited as the "Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984", FINDINGS

SEC. 611. Section 101(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended— (1) in paragraph (1)— (A) by striking out "account" and inserting-in lieu thereof "accounted", and (B) by striking out "today" and inserting in lieu thereof "in 1974 and for less than one-third of such arrests in 1983", (2) in paragraph (2) by inserting "and inadequately trained staff in such courts, services, and facilities" after "facilities", (3) in paragraph (3) by striking out "the countless, abandoned, and dependent", and

42 USC 5601 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/948

 98 STAT. 2108

PUBLIC LAW 98-473—OCT. 12, 1984 (4) in paragraph (5) by striking out "prevented" and inserting in lieu thereof "reduced". PURPOSE

SEC. 612. Section 102(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602(a)) is amended— (1) in paragraph (1) by striking out "prompt" and inserting in lieu thereof "ongoing", (2) in paragraph (4) by striking out "an information clearinghouse to disseminate" and inserting in lieu thereof "the dissemination of", and (3) in paragraph (7) by inserting "and homeless" after "runaway". DEFINITIONS

Ante, p. 2080. Ante, p. 2078.

SEC. 613. Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended— (1) in paragraph (3)— (A) by striking out "for neglected, abandoned, or dependent youth and other youth", and (B) by inserting "juvenile" after "prevent", (2) in paragraph (4) by amending subparagraphs (A) and (B) to read as follows: "(A) the term 'Bureau of Justice Assistance' means the bureau established by section 401 of the Omnibus Crime Control and Safe Streets Act of 1968; "(B) the term 'Office of Justice Programs' means the office established by section 101 of the Omnibus Crime Control and Safe Streets Act of 1968;", (3) in paragraph (6) by striking out "services," and inserting in lieu thereof "services),", (4) in paragraph (14)— (A) by inserting "or other sex offenses punishable as a felony" after "rape", and (B) by striking out "and" at the end thereof, (5) in paragraph (15) by striking out the period at the end thereof and inserting in lieu thereof "; and", and (6) by adding at the end thereof the following new paragraph: "(16) the term 'valid court order' means a court order given by a juvenile court judge to a juvenile who has been brought before the court and made subject to a court order. The use of the word 'valid' permits the incarceration of juveniles for violation of a valid court order only if they received their full due process rights as guaranteed by the Constitution of the United States.". Subdivision B—Juvenile Justice and Delinquency Prevention OFFICE OF J U V E N I L E JUSTICE AND DELINQUENCY PREVENTION

SEC. 620. Section 201 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611) is amended to read: " ESTABLISHMENT OF OFFICE

"SEC. 201. (a) There is hereby established an Office of Juvenile Justice and Delinquency Prevention (hereinafter in this division

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Page:United States Statutes at Large Volume 98 Part 2.djvu/949

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2109

referred to as the 'Office') within the Department of Justice under the general authority of the Attorney General. "(b) The Office shall be headed by an Administrator (hereinafter in this title 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 Act to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, funds made available under this title. The Administrator shall report to the Attorney General through the Assistant Attorney General who heads the Office of Justice Programs under part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968. "(c) There shall be in the Office a Deputy Administrator who shall be appointed by the Attorney General and whose function shall be to supervise and direct the National Institute for Juvenile Justice and Delinquency Prevention established by section 241 of this Act. The Deputy Administrator shall also 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.''.

Ante, p. 2077.

42 USC 5651.

TECHNICAL AMENDMENTS

SEC. 621. (a) Section 202(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5612(a)) is amended by striking out "him" and inserting in lieu thereof "the Administrator". (b) Section 202(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5612(c)) is amended— (1) by striking out "him" and inserting in lieu thereof "the Administrator", and (2) by striking out "his functions" and inserting in lieu thereof "the functions of the Administrator". CONCENTRATION OF FEDERAL EFFORTS

SEC. 622. (a) Section 204(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended by striking out "his functions" and inserting in lieu thereof "the functions of the Administrator". (b) Section 204(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(b)) is amended— (1) in paragraph (2) by striking out "he" and inserting in lieu thereof "the Administrator", (2) in paragraph (4) by striking out "he" and inserting in lieu thereof "the Administrator", (3) in paragraph (5) by striking out "and", (4) in paragraph (6) by striking out the period and inserting in lieu thereof "; and", and (5) by inserting after paragraph (6) the following new paragraph: "(7) provide for the auditing of monitoring systems required under section 223(a)(15) to review the adequacy of such systems.".

42 USC 5633.

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text: Author:John Westwood Oliver

title: Author:John Westwood Oliver


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Page:United States Statutes at Large Volume 98 Part 2.djvu/950

 98 STAT. 2110

PUBLIC LAW 98-473—OCT. 12, 1984 (c) Section 204(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(e)) is amended by striking out "subsection CI')" and inserting in lieu thereof "subsection (1)". (d) Section 204(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(f)) is amended— (1) by striking out "him" and inserting in lieu thereof "the Administrator", and (2) by striking out "he" and inserting in lieu thereof "the Administrator". (e) Section 204(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(g)) is amended by striking out "his functions" and inserting in lieu thereof "the functions of the Administrator". (f) Section 204(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(i)) is amended— (1) by striking out "title" and inserting in lieu thereof "section", and (2) by striking out "he" and inserting in lieu thereof "the Administrator". (g) Section 204(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(1)) is amended— (1) in paragraph (1)— (A) by striking out "section 204(d)(1)" and inserting in lieu thereof "subsection (d)(1)", and (B) by striking out "section 204(f)" and inserting in lieu thereof "subsection (f)", (2) in paragraph (2)— (A) by striking out "subsection CI')" and inserting in lieii thereof "paragraph (1)", and (B) by striking out "section 204(e)" each place it appears and inserting in lieu thereof "subsection (e)", and (3) in paragraph (3)— (A) by striking out "him" and inserting in lieu thereof "the Administrator", and (B) by striking out "subsection CI')" and inserting in lieu thereof "paragraph (1)". COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SEC. 623. (a) Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended— (1) by striking out "Community Services Administration" and inserting in lieu thereof "Office of Community Services", (2) by striking out "Director of the Office of Justice Assistance, Research, and Statistics," and inserting in lieu thereof "Assistant Attorney General who heads the Office of Justice Programs,", and (3) by striking out "Administrator of the Law Enforcement Assistance Administration" and inserting in lieu thereof "Director of the Bureau of Justice Assistance". (b) Section 206(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)) is amended by striking out "deliquency programs" and inserting in lieu thereof "delinquency programs and, in consultation with the Advisory Board on Missing Children, all Federal programs relating to missing and exploited children".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/951

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2111

(c) Section 206(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (d) Section 206(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(g)) is amended by striking out "$500,000" and insert in lieu thereof "$200,000". NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SEC. 624. Section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5617(a)) is repealed.

Repeal. 42 USC 5617.

TECHNICAL AMENDMENTS

SEC. 625. (a) The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after the heading for subpart I of part B of title II the following new heading for section 221: 42 USC 5631. " AUTHORITY TO MAKE GRANTS".

(b) Section 222(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(b)) is amended— (1) by striking out "and the Trust Territory" and inserting in lieu thereof "the Trust Territory", and (2) by inserting ", and the Commonwealth of the Northern Mariana Islands" after "Pacific Islands". STATE PLANS

SEC. 626. (a) Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) by amending paragraph (1) to read as follows: "(1) designate the State agency described in section 261(c)(1) as the sole agency for supervising the preparation and administration of the plan;", (2) in paragraph (2) by striking out "(hereafter referred to in this part as the 'State criminal justice council')", (3) in paragraph (3)— (A) by amending subparagraph (C) to read as follows: "(C) which shall include (i) representatives of private organizations, including those with a special focus on maintaining and strengthening the family unit, those representing parents or parent groups, those concerned with delinquency prevention and treatment and with neglected or dependent children, and those concerned with the quality of juvenile justice, education, or social services for children; (ii) representatives of organizations which utilize volunteers to work with delinquents or potential delinquents; (iii) representatives of community based delinquency prevention or treatment programs; (iv) representatives of business groups or businesses employing youth; (v) youth workers involved with alternative youth programs; and (vi) persons with special experience and competence in addressing the problems of the family, school violence and vandalism, and learning disabilities,", and (B) in subparagraph (F)—

42 USC 5671.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/952

 98 STAT. 2112

Ante, p. 2107.

PUBLIC LAW 98-473—OCT. 12, 1984 (i) by striking out "State criminal justice council" each place it appears and inserting in lieu thereof "State agency designated under paragraph (1)", (ii) in clause (ii) by striking out "paragraph (12)(A) and paragraph (13)' and inserting in lieu thereof "paragraphs (12), (13), and (14)", and (iii) in clause (iv)— (I) by striking out "paragraph (12)(A) and paragraph (13)" and inserting in lieu thereof "paragraphs (12), (13), and (14)", and (II) by striking out "in advising on the State's maintenance of effort under section 1002 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,", (4) in paragraph (9) by inserting "special education," after "education,", (5) In paragraph (10)^(A) in the matter preceding subparagraph (A)— (i) by striking out "programs for juveniles" and inserting in lieu thereof "programs for juveniles, including those processed in the criminal justice system,", and (ii) by striking out "and provide for effective rehabilitation' and inserting in lieu thereof "provide for effective rehabilitation, and facilitate the coordination of services between the juvenile justice and criminal justice systems", (B) in subparagraph (E) by inserting ", including programs to counsel delinquent youth and other youth regarding the opportunities which education provides" before the semicolon at the end thereof, (C) in subparagraph (F) by inserting "and their families" before the semicolon at the end thereof, (D) in subparagraph (H)— (i) by amending clause (iii) to read as follows: "(iii) establish and adopt, based on the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984, standards for the improvement of juvenile justice within the State;", (ii) in clause (iv) by inserting "or" at the end thereof, and (iii) by adding at the end thereof the following new clause: "(v) involve parents and other family members in addressing the delinquency-related problems of juveniles;", (E) in subparagraph (I) by striking out "and" at the end thereof, (F) in subparagraph (J) by striking out "juvenile gangs and their members' and inserting in lieu thereof "gangs whose membership is substantially composed of juveniles", and (G) by adding at the end thereof the following new subparagraphs:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/953

 PUBLIC LAW 98-473—OCT. 12, 1984 "(K) programs and projects designed to provide for the treatment of juveniles' dependence on or abuse of alcohol or other addictive or nonaddictive drugs; and "(L) law-related education programs and projects designed to prevent juvenile delinquency;", (6) by amending paragraph (14) to read as follows: "(14) provide that, beginning after the five-year period following December 8, 1980, no juvenile shall be detained or confined in any jail or lockup for adults, except that the Administrator shall, through 1989, promulgate regulations which make exceptions with regard to the detention of juveniles accused of nonstatus offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within twenty-four hours after being taken into custody (excluding weekends and holidays) provided that such exceptions are limited to areas which— "(i) are outside a Standard Metropolitan Statistical Area, "(ii) have no existing acceptable alternative placement available, and "(iii) are in compliance with the provisions of paragraph (13).", (7) in paragraph (18)— (A) by striking out "arrangements are made" and inserting in lieu thereof "arrangements shall be made", (B) by striking out "Act. Such" and inserting in lieu thereof "Act and shall provide for the terms and conditions of such protective arrangements established pursuant to this section, and such", (C) in subparagraph (D) by inserting "and" at the end thereof, (D) in subparagraph (E) by striking out the period at the end thereof and inserting in lieu thereof a semicolon, and (E) by striking out the last sentence of such paragraph, (8) in paragraph (21) by striking out "State criminal justice council" and inserting in lieu thereof "State agency designated under paragraph (1)", (9) in the matter following paragraph (22) by striking out the first sentence, (10) by striking out the last sentence thereof, (11) by redesignating paragraphs (17), (18), (19), (20), (21), and (22) as paragraphs (18), (19), (20), (21), (22), and (23), respectively, and (12) by inserting after paragraph (16) the following new paragraph: "(17) provide assurance that consideration will be given to and that assistance will be available for approaches designed to strengthen and maintain the family units of delinquent and other youth to prevent juvenile delinquency. Such approaches should include the involvement of grandparents or other extended family members when possible and appropriate;", (b) Section 223(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(b)) is amended— (1) by striking out "State criminal justice council designated pursuant to section 223(a)" and inserting in lieu thereof "State agency designated under subsection (a)(1)", and (2) by striking out "section 223(a)" and inserting in lieu thereof "subsection (a)".

98 STAT. 2113 Drugs and drug abuse. Education.

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text: Author:James MacDonald Oxley

title: Author:James MacDonald Oxley


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Page:United States Statutes at Large Volume 98 Part 2.djvu/954

 98 STAT. 2114

PUBLIC LAW 98-473—OCT. 12, 1984

(c) The last sentence of section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended by striking out "not to exceed 2 additional years" and inserting in lieu thereof "not to exceed 3 additional years". (d) Section 223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(d)) is amended by striking out "sections 803, 804, and 805" and inserting in lieu thereof "sections 802, 803, and 804". GRANTS AND CONTRACTS

SEC. 627. Section 224 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634) is amended to read as follows: "AUTHORITY TO MAKE GRANTS AND CONTRACTS

Crimes and misdemeanors.

Education. Schools and colleges.

Education.

"SEC. 224. (a) From not less than 15 percent, but not more than 25 percent, of the funds appropriated for a fiscal year to carry out this part, the Administrator shall, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, or individuals provide for each of the following during each fiscal year: "(1) developing and maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders; "(2) developing and 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) developing and supporting programs stressing advocacy activities aimed at improving services to youth impacted by the juvenile justice system, including services which encourage the improvement of due process available to juveniles in the juvenile justice system; "(4) developing model programs to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency; "(5) developing and 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 oh the part of gangs whose membership is substantially composed of juveniles; and "(6) developing and implementing further a coordinated, national law-related education program of delinquency prevention, including training programs for persons responsible for the implementation of law-related education programs in elementary and secondary schools. "(b) From any special emphasis funds remaining available after grants and contracts are made under subsection (a), but not to exceed 10 percent of the funds appropriated for a fiscal year to carry out this part, the Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agen-

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2115

cies, organizations, institutions, or 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 youth 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 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 and organizations and business and industry programs for youth employment; "(4) develop and support programs designed to encourage and enable State legislatures to consider and further the purposes of this title, both by amending State laws if necessary, and devoting greater resources to those purposes; "(5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement 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 the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984, standards for the improvement of juvenile justice within each State involved; "(7) develop and implement model programs, relating to the special education needs of delinquent and other youth, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. "(c) 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, or institutions which have had experience in dealing with youth. "(d) Assistance provided under this section shall be available on an equitable basis to deal with female, minority, and disadvantaged youth, including mentally, emotionally, or physically handicapped youth. "(e) 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, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.".

Ante, p. 2107.

Women. Minorities. Disadvantaged persons.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/956

 98 STAT. 2116

PUBLIC LAW 98-473—OCT. 12, 1984 APPROVAL OF APPLICATIONS

Grants. Contracts. Ante, p. 2107.

Ante, p. 2114, 42 u s e 5651. Federal Register, publication. Public availability.

Post, p. 2119.

SEC. 628. (a) Section 225(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5635(b)) is amended— (1) in paragraph (2) by inserting "(such purpose or purposes shall be specifically identified in such application)" before the semicolon, (2) in paragraph (5) by striking out ", when appropriate," and inserting in lieu thereof "(if such State or local agency exists)", (3) in paragraph (6) by striking out ", when appropriate", and (4) in paragraph (8) by striking out "indicate" and inserting in lieu thereof "attach a copy of. (b) Section 225(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5635(c)) is amended— (1) by inserting "and for contracts" after "for grants", (2) in paragraph (4) by striking out "delinquents and other youth to help prevent delinquency" and inserting in lieu thereof "address juvenile delinquency and juvenile delinquency prevention ', (3) in paragraph (5) by inserting "and" at the end thereof, (4) by striking out paragraph (6), and (5) by redesignating paragraph (7) as paragraph (6). (c) Section 225 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5635) is amended— (1) by redesignating subsection (d) as subsection (e), and (2) inserting after subsection (c) the following new subsection: "(d)(1)(A) Except as provided in subparagraph (B) new programs selected after the effective date of the Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984 for assistance through grants or contracts under section 224 or part C of this title shall be selected through a competitive process to be established by rule by the Administrator. As part of such process, the Administrator shall announce in the Federal Register the availability of funds for such assistance, the general criteria applicable to the selection of applicants to receive such assistance, and 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— "(i) the Administrator has made a written determination that the proposed program is not within the scope of any program announcement or any announcement expected to be issued, but can otherwise be supported by a grant or contract in accordance with section 224 or part C of this title, and if the proposed program is of such outstanding merit, as determined through peer review conducted under paragraph (2), that the award of a grant or contract without competition is justified; or "(ii) the Administrator makes a written determination, which shall include the factual and other bases thereof, that the applicant is uniquely qualified to provide proposed training services as provided in section 244, and other qualified sources are not capable of carrying out the proposed program. "(C) In each case where a program is selected for assistance without competition pursuant to the exception provided in subparagraph (B), the Administrator shall promptly so notify the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of

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Page:United States Statutes at Large Volume 98 Part 2.djvu/957

 PUBLIC LAW 98-473—OCT. 12, 1984 the Senate. Such notification shall include copies of the Administrator's determination under clause (i) or clause (ii) of such subparagraph and the peer review determination required under paragraph (2). "(2) New programs selected after the effective date of the Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984 for assistance through grants or contracts under section 224 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. 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, 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 program proposals when necessary to avoid any delay which would preclude carrying out the program.". (d) Section 225 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5035) is amended by adding at the end thereof the following new subsection: "(0 Notification of grants and contracts made under section 224 (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.". USE OF FUNDS

SEC. 629. Section 227(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5637(c)) is amended by striking out "section 224(a)(7)" each place it appears and inserting in lieu thereof "section 224(a)(3)". PAYMENTS

SEC. 630. (a) Section 228(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5638(a)) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (b) Section 228(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5638(d)) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (c) Section 228(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5638(e)) is amended— (1) by striking out "him" and inserting in lieu thereof "the Administrator", (2) by striking out "section 803" and inserting in lieu thereof "section 802", and (3) by striking out "section 224(a)(5)" and inserting in lieu thereof "section 224(b)(6)".

98 STAT, 2117

Ante, pp. 2107, 2114.

Report.

42 USC 5635. Ante, p. 2114.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/958

 98 STAT. 2118

PUBLIC LAW 98-473—OCT. 12, 1984 NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION

42 USC 5651.

SEC. 631. (a) The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after the heading for part C of title II the following new heading for section 241: " ESTABLISHMENT OF N A T I O N A L INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION".

Ante, p. 2114.

Ante, p. 2116.

(b) Section 241(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by striking out "section 201(f)" and inserting in lieu thereof "section 201(c)". (c) Section 241(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(d)) is amended to read as follows: "(d) 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, family counselors, child welfare workers, juvenile judges and judicial personnel, probation personnel, 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.". (d) Section 241 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651) is amended— (1) by redesignating subsection if) as subsection (g), (2) by inserting after subsection (e) the following new subsection: "(f) The Administrator, acting through the Institute, shall provide, not less frequently than once every 2 years, for a national conference of member representatives from State advisory groups for the purpose of— "(1) disseminating information, data, standards, advanced techniques, and program models developed through the Institute and through programs funded under section 224; "(2) reviewing Federal policies regarding juvenile justice and delinquency prevention; "(3) advising the Administrator with respect to particular - . functions or aspects of the work of the Office; and V "(4) 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.", and (3) by adding at the end thereof the following new subsection: "(h) The authorities of the Institute under this part shall be subject to the terms and conditions of section 225(d).". RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS

SEC. 632. Section 243 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5653) is amended—

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 PUBLIC LAW 98-473—OCT. 12, 1984 (1) in paragraph (1) by inserting "which seek to strengthen and maintain the family unit or" after "methods", (2) in paragraph (4) by striking "Associate" and inserting in lieu thereof "Deputy", (3) by amending paragraph (5) to read as follows: "(5) 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 related matters, including— "(A) recommendations designed to promote effective prevention and treatment, particularly by strengthening and maintaining the family unit; and "(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 possible ameliorating roles of familial relationships, 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 involvement in illegal activities or promoting involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles.", and (4) in paragraph (7) by striking out "(including a periodic journal)". TRAINING FUNCTIONS

SEC. 633. Section 244 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5654) is amended— (1) in paragraph (1)— (A) by striking out "or who are" and inserting in lieu thereof "working with or", and (B) by striking out "and juvenile offenders" and inserting in lieu thereof ", juvenile offenders, and their families", (2) in paragraph (2) by striking out "workshop" and inserting in lieu thereof "workshops", and (3) in paragraph (3) by striking out "teachers" and all that follows through the end thereof and inserting in lieu thereof the following: "teachers and special education personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, probation personnel (including volunteer lay personnel), persons associated with law-related education, youth workers, and organizations with specific experience in the prevention and treatment of juvenile delinquency; and". REPEALER

SEC. 634. Section 245 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5655) is repealed.

98 STAT. 2119

Studies.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/960

 98 STAT. 2120

PUBLIC LAW 98-473—OCT. 12, 1984 ANNUAL REPORT

SEC. 635. Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5656) is amended by striking out "SEC. 246." and inserting in lieu thereof "SEC. 245.". DEVELOPMENT OF STANDARDS FOR JUVENILE JUSTICE

SEC. 636. Section 247 of the Juvenile Justice and Delinquency Act of 1974 (42 U.S.C. 5657) is amended to read as follows: "ADDITIONAL FUNCTIONS OF THE INSTITUTE

Ante, p. 2107.

"SEC. 246. (a) The National Institute for Juvenile Justice and Delinquency Prevention shall review existing reports, data, and standards, relating to the juvenile justice system in the United States. "(b) The National Institute for Juvenile Justice and Delinquency Prevention is authorized to develop and support model State legislation consistent with the mandates of this title and the standards developed by National Advisory Committee for Juvenile Justice and Delinquency Prevention before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984.". ESTABLISHMENT OF TRAINING PROGRAM

SEC. 637. (a) Section 248(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5659(b)) is amended to read as follows: "(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 lawrelated education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention and treatment of juvenile delinquency.". (b) Section 248 of the Juvenile Justice and Delinquency Act of 1974 (42 U.S.C. 5659) is amended by striking out "SEC. 248." and inserting in lieu thereof "SEC. 247.". T E C H N I C A L AMENDMENT

SEC. 638. Section 249 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5660) is amended by striking out "SEC. 249." and inserting in lieu thereof "SEC. 248.". TRAINING PROGRAM

SEC. 639. (a) The heading for section 250 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended to read as follows: " PARTICIPATION I N TRAINING PROGRAM AND STATE ADVISORY GROUP CONFERENCES".

(b) Section 250(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661(c)) is amended to read as follows:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/961

 PUBLIC LAW 98-473—OCT. 12, 1984 "(c) While participating as a trainee in the program established under section 246 or while participating in any conference held under section 241(f), 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, United States Code. No consultation fee may be paid to such person for such participation.". (c) Section 250 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended by striking out "SEC. 250." and inserting in lieu thereof "SEC. 249.".

98 STAT. 2121 Ante, p. 2120. Ante, p. 2118.

Prohibition,

AUTHORIZATION OF APPROPRIATIONS

SEC. 640. Section 261 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 261. (a) To carry out the purposes of this title there is authorized to be appropriated such sums as may be necessary for fiscal years 1985, 1986, 1987, and 1988. Funds appropriated for any fiscal year may remain available for obligation until expended. "(b) Of such sums as are appropriated to carry out the purposes of this title— "(1) not to exceed 7.5 percent shall be available to carry out part A; "(2) not less than 81.5 percent shall be available to carry out part B; and "(3) 11 percent shall be available to carry out part C. "(c) 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 223 and permit the State advisory group appointed under section 223(a)(3) 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) No funds appropriated to carry out the purposes of this title 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 con-

42 USC 5651.

42 USC 5633. Ante, p. 2111.

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 98 STAT. 2122

PUBLIC LAW 98-473—OCT. 12, 1984

tracting, survival skills training, restitution, or community service, if safeguards are established for the informed consent of subjects (including parents or guardians of minors).". APPLICATION OF OTHER ADMINISTRATIVE AUTHORITY

SEC. 641. Section 262 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672) is amended to read as follows: "ADMINISTRATIVE AUTHORITY

Ante, pp. 2093, 2095, 2096.

Ante, pp. 2091, 2093.

Regulations.

"SEC. 262. (a) The Office shall be administered by the Administrator under the general authority of the Attorney General. "(b) Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the Omnibus Crime Control and Safe Streets Act of 1968, as so designated by the operation of the amendments made by the Justice Assistance Act of 1984, shall apply with respect to the administration of and compliance with this Act, except that for purposes of this Act— "(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 title' as it appears in such sections shall be deemed to be a reference to this Act. "(c) Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe Streets Act of 1968, as so designated by the operation of the amendments made by the Justice Assistance Act of 1984, shall apply with respect to the administration of and compliance with this Act, except that for purposes of this Act— "(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 title' as it appears in such sections shall be deemed to be a reference to this Act. "(d) 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 Act.". Subdivision C—Runaway and Homeless Youth RULES

SEC. 650. Section. 303 of the Runaway and Homeless Youth Act (42 U.S.C. 5702) is amended to read as follows:

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text: Author:John Page

title: Author:John Page


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Page:United States Statutes at Large Volume 98 Part 2.djvu/963

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2123

RULES

"SEC. 303. The Secretary of Health and Human Services (hereinafter in this title referred to as the 'Secretary') may issue such rules as the Secretary considers necessary or appropriate to carry out the purposes of this title.".

42 USC 5702.

PURPOSES OF GRANT PROGRAM

SEC. 651. (a) The first sentence of section 311(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5711(a)) is amended— (1) by inserting "and assistance to their families" before the period at the end thereof, and (2) by striking, in the first sentence, "nonprofit private agencies and coordinated networks of such agencies" and inserting in lieu thereof "private entities and coordinated networks of such entities". (b) Section 311(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5711(b)) is amended by inserting "and to the families of such juveniles" before the period at the end thereof. ELIGIBILITY

SEC. 652. Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712) is amended— (1) in paragraph (2) by striking out "portion" and inserting in lieu thereof "proportion", (2) in paragraph (3) by striking out "(if such action is required by State law)", (3) in paragraph (4) by inserting "school system personnel," after "social service personnel,", (4) in paragraph (5) by striking out "parents" and inserting in lieu thereof "families", and (5) in paragraph (6) by striking out "parents" and inserting in lieu thereof "family members". APPROVAL BY SECRETARY

SEC. 653. The first sentence of section 313 of the Runaway and Homeless Youth Act (42 U.S.C. 5713) is amended by striking out "nonprofit private agency" and inserting in lieu thereof "private entity". GRANTS TO PRIVATE AGENCIES, STAFFING

SEC. 654. Section 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5714) is amended— (1) by amending the heading to read as follows: "GRANTS TO PRIVATE ENTITIES; STAFFING", and

(2) in the first sentence— (A) by striking out "nonprofit private agencies" and inserting in lieu thereof "private entities", and (B) by striking out "house" and inserting in lieu thereof "center". ADDITIONAL ASSISTANCE

SEC. 655. The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended—

42 USC 5601 note.

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 98 STAT. 2124 42 USC 5715, 5716.

PUBLIC LAW 98-473—OCT. 12, 1984 (1) by redesignating sections 315 and 316 as sections 317 and 318, respectively, and (2) by inserting after section 314 the following new sections: "ASSISTANCE TO POTENTIAL GRANTEES

42 USC 5714a.

"SEC. 315. The Secretary shall provide informational assistance to potential grantees interested in establishing runaway and homeless youth centers. Such assistance shall consist of information on— "(1) steps necessary to establish a runaway and homeless youth center, including information on securing space for such center, obtaining insurance, staffing, and establishing operating procedures; "(2) securing local private or public financial support for the operation of such center, including information on procedures utilized by grantees under this title; and "(3) the need for the establishment of additional runaway youth centers in the geographical area identified by the potential grantee involved. "LEASE OF SURPLUS FEDERAL FACILITIES FOR USE AS RUNAWAY AND HOMELESS YOUTH CENTERS

42 USC 5714b.

Prohibition.

"SEC. 316. (a) 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 if the Secretary determines that— "(1) the applicant involved has suitable financial support necessary to operate a runaway and homeless youth center; "(2) the applicant is able to demonstrate the program expertise required to operate such center in compliance with this title, 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)(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.". REORGANIZATION

Repeal.

SEC. 656. Part C of the Runaway and Homeless Youth Act (42 U.S.C. 5741) is repealed. AUTHORIZATION OF APPROPRIATIONS

SEC. 657. (a) The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting after the heading for part D the following new heading for section 341:

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2125

"AUTHORIZATION OF APPROPRIATIONS".

(b) Section 341(a) is amended by striking out "for each of the fiscal 42 USC 5751. years" and all that follows through the period at the end thereof and inserting in lieu thereof "such sums as may be necessary for fiscal years 1985, 1986, 1987, and 1988.". (c) Section 341(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5751(b)) is amended by striking out "Associate". (d) Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is amended by adding at the end thereof the following new subsection: "(c) No funds appropriated to carry out the purposes of this title— "(1) may be used for any program or activity which is not specifically authorized by this title; 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 title.". (e) Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is redesignated as part C. (f) Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 42 USC 5751. 5757) is redesignated as section 331. Subdivision D—Missing Children's Assistance ASSISTANCE RELATING TO MISSING CHILDREN

SEC. 660. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end thereof the following new title: "TITLE IV—MISSING CHILDREN SHORT TITLE

"SEC. 401. This title may be cited as the Missing Children's Assistance Act.

Missing Children's Assistance Act.

42 USC 5601 ''°^-

"FINDINGS

"SEC. 402. 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;

42 USC 5771.

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