HR 5194 CDS
102d CONGRESS
2d Session
H. R. 5194
IN THE SENATE OF THE UNITED STATES
AUGUST 6 (legislative day, AUGUST 5), 1992
Received; read twice and referred to the Committee on the Judiciary
SEPTEMBER 25 (legislative day, SEPTEMBER 23), 1992
Committee discharged
AN ACT
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
authorize appropriations for fiscal years 1993, 1994, 1995, and 1996, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

fa2c01c79db7a1abe416bceced96ed6c78a3186c2ba680fbb24a4c9605ce8ffb

This Act may be cited as the `Juvenile Justice and Delinquency Prevention
Amendments of 1992'.
OF 1974

8367f415644931dee8adf56bb2e9017817ae5b36a4c83927047b1a176aefdeaa

Section 102(b) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5602(b)) is amended--
(1) by striking `and (4)' and inserting `(4)', and
(2) by inserting before the period at the end the following:
`; (5) to encourage parental involvement in treatment and alternative
disposition programs; and (6) to provide for coordination of services
between State, local, and community-based agencies and to promote interagency
cooperation in providing such services'.

86853601f6f2009a8418451386ad249842f3b7eb96534e7cc9176881677f2bbc

TITLE I

-AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5603) is amended--
(1) by amending paragraph (16) to read as follows:
`(16) the term `valid court order' means a court order given by a juvenile
court judge to a juvenile--
`(A) who was brought before the court and made subject to such order;
`(B) who received, before the issuance of such order, the full due process
rights guaranteed to such juvenile by the Constitution of the United States;
`(C) with respect to whom an appropriate public agency (other than a court
or law enforcement agency), before the issuance of such order--
`(i) reviewed the behavior of such juvenile and the circumstances under which
such juvenile was brought before the court and made subject to such order;
`(ii) determined the reasons for the behavior that caused such juvenile
to be brought before the court and made subject to such order;
`(iii) determined that all dispositions (including treatment), other than
placement in a secure detention facility or a secure correctional facility,
have been exhausted or are clearly inappropriate; and
`(iv) submitted to the court a written report stating the results of the
review conducted under clause (i) and the determinations made under clauses
(ii) and (iii);',
(2) in paragraph (17) by striking `and' at the end,
(3) in paragraph (18) by striking the period at the end and inserting a
semicolon, and
(4) by adding at the end the following:
`(19) the term `comprehensive and coordinated system of services' means
a system that--
`(A) ensures that services and funding for the prevention and treatment of
juvenile delinquency are consistent with policy goals of preserving families
and providing appropriate services in the least restrictive environment
so as to simultaneously protect juveniles and maintain public safety;
`(B) identifies, and intervenes early for the benefit of, young children
who are at risk of developing emotional or behavioral problems because of
physical or mental stress or abuse, and for the benefit of their families;
`(C) increases interagency collaboration and family involvement in the
prevention and treatment of juvenile delinquency; and
`(D) encourages private and public partnerships in the delivery of services
for the prevention and treatment of juvenile delinquency;
`(20) the term `gender-specific services' means services designed to
address needs unique to the gender of the individual to whom such services
are provided;
`(21) the term `hate crime' means an offense that manifests evidence of
prejudice based on race, religion, sexual orientation, or ethnicity;
`(22) the term `home-based alternative services' means services provided to
a juvenile in the home of the juvenile as an alternative to incarcerating
the juvenile, and includes home detention; and
`(23) the term `jail or lockup for adults' means a locked facility that is
used by a State, unit of local government, or any law enforcement authority
to detain or confine adults--
`(i) pending the filing of a charge of violating a criminal law;
`(ii) awaiting trial on a criminal charge; or
`(iii) convicted of violating a criminal law.'.

989302042b9ce78236f9f7c170d69ddf3c2f63afaf0e18c24a776924264e69ee

Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611(b)) is amended--
(1) in the first sentence by striking `in juvenile justice programs'
and inserting `as practitioners in the field of juvenile justice', and
(2) by striking the last sentence and inserting the following:
`There shall be a direct reporting relationship between the Administrator and
the Attorney General. In the performance of the functions of the Administrator,
the Administrator shall be directly responsible to the Attorney General. The
Attorney General may not delegate any power, duty, or function vested under
this title or title II in the Attorney General.'.
SEC. 104 CONCENTRATION OF EFFORT.
(a) FUNCTIONS OF ADMINISTRATOR- Section 204(a) the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended--
(1) in the first sentence--
(A) by inserting `(1)' after `(a)', and
(B) by striking `implement overall policy and develop objectives and
priorities' and inserting `develop objectives, priorities, and a long-term
plan, and implement overall policy and a strategy to carry out such
plan,', and
(2) by adding at the end the following:
`(2)(A) Such plan shall--
`(i) contain specific goals and criteria for making grants and contracts, for
conducting research, and for carrying out other activities under this title;
`(ii) provide for coordinating the administration programs and activities
under this title with the administration of all other Federal juvenile
delinquency programs and activities, including proposals for joint funding
to be coordinated by the Administrator.
`(B) The Administrator shall review such plan annually, revise such plan
as the Administrator considers appropriate, and publish such plan in the
Federal Register--
`(i) not later than 240 days after the enactment of the Juvenile Justice
and Delinquency Prevention Amendments of 1992, in the case of the initial
plan required by paragraph (1); and
`(ii) except as provided in clause (i), in the 30-day period ending on
October 1 of each year.'.
(b) DUTIES- Section 204(b) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614(b)) is amended--
(1) in paragraph (5) by striking `and' at the end,
(2) in paragraph (6) by striking the period at the end and inserting `;
and', and
(3) by adding at the end the following:
`(7) not later than 1 year after the date of the enactment of the Juvenile
Justice and Delinquency Prevention Amendments of 1992, issue model standards
for providing health care to incarcerated juveniles.'.
(c) REPEALER- Section 204 the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614) is amended by striking subsections (f) and (g).

2004c3f84132e2b79ce4db55882ff03e9f682b1e3250c299dcde3fe47bd13a06

Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5616) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking `the Director of the Office of Community
Services' and all that follows through the period, and inserting the
following:
`the Administrator of the Office of Juvenile Justice and Delinquency
Prevention, the Director of Drug Abuse Policy, the Director of the ACTION
Agency, and individuals appointed under paragraph (2).', and
(B) by amending paragraph (2) to read as follows:
`(2)(A) Nine members shall be appointed, without regard to political
affiliation, to the Council in accordance with this paragraph from among
individuals who are practitioners in the field of juvenile justice and
who are not officers or employees of the United States.
`(B)(i) Three members shall be appointed by the Speaker of the House of
Representatives, after consultation with the minority leader of the House
of Representatives.
`(ii) Three members shall be appointed by the majority leader of the Senate,
after consultation with the minority leader of the Senate.
`(iii) Three members shall be appointed by the President.
`(C)(i) Of the members appointed under each of clauses (i), (ii), and (iii)--
`(I) 1 shall be appointed for a term of 1 year;
`(II) 1 shall be appointed for a term of 2 years; and
`(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
`(ii) Except as provided in clause (iii), a vacancy arising during the term
for which an appointment is made may be filled only for the remainder of
such term.
`(iii) After the expiration of the term for which a member is appointed,
such member may continue to serve until a successor is appointed.',
(2) in subsection (c)--
(A) by inserting `(1)' after `(c)',
(B) in the second sentence by inserting `shall examine how the separate
programs can be coordinated among Federal, State, and local governments
to better serve at-risk children and juveniles and' after `Council', and
(C) by adding at the end there of the following:
`(2) In addition to performing their functions as members of the Council,
the members appointed under subsection (a)(2) shall collectively--
`(A) make recommendations regarding the development of the objectives,
priorities, and the long-term plan, and the implementation of overall
policy and the strategy to carry out such plan, referred to in section
204(a)(1); and
`(B) not later than 180 days after the date of the enactment of the Juvenile
Justice and Delinquency Prevention Act of 1992, submit such recommendations
to the Administrator, the Chairman of the Committee on Education and Labor
of the House of Representatives, and the Chairman of the Committee on the
Judiciary of the Senate.', and
(3) in subsection (f)--
(A) by inserting after `(f)' the following:
`Members appointed under subsection (a)(2) shall serve without compensation.',
and
(B) by striking `who are employed by the Federal Government full time'.

f7500a18acf8923ced9ce1cdea761ea6ba98cc7c7d8dbae93dbb067c2304fa48

Section 207(1) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5617(1) is amended--
(1) in subparagraph (D)--
(A) by inserting `(including juveniles treated as adults for purposes of
prosecution)' after `juveniles', and
(B) by striking `and' at the end,
(2) in subparagraph (E) by striking the period at the end and inserting
`; and', and
(3) by adding at the end the following:
`(F) the educational status of juveniles, including information relating to
learning disabilities, failing performance, grade retention, and dropping
out of school.'.

48af1e0918ab9cda58620a12d2a52e75eae85d8877d5a4317b2304954ef7da01

The first sentence of section 222(c) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632(c)) is amended by striking `and
evaluation' and inserting `, evaluation, and one full-time staff position'.

9e2d4ea64393511ff951979cea3972d2840cc7f1a3b3e9fc99e1d98d0a8ed7ce

(a) PLAN REQUIREMENTS- Section 223(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (3)(B) by inserting `recreation,' after `special
education,',
(2) in paragraph (8)(A) by inserting `(including educational needs)' after
`delinquency prevention needs' each place it appears,
(3) in paragraph (9) by inserting `recreation,' after `special education,'
(4) in paragraph (10)--
(A) in subparagraph (A) by inserting `(including home-based alternative
services)' after `services' the first place it appears,
(B) by amending subparagraph (B) to read as follows:
`(B) community-based programs and services designed to work with--
`(i) parents and other family members to maintain and strengthen the family
unit so that juveniles may be retained in their homes; and
`(ii) juveniles during their incarceration, and with their families, to
ensure the safe return of such juveniles to their homes and to strengthen
the family unit;'
(C) in subparagraph (C)--
(i) by striking `youth' the second and third places it appears and inserting
`juveniles', and
(ii) by striking `delinquents' and inserting `delinquent juveniles',
(D) in subparagraph (D) by striking `youth' and inserting `juveniles',
(E) by amending subparagraph (E) to read as follows:
`(E) educational programs and supportive services designed--
`(i) to encourage delinquent juveniles and other juveniles to remain in
elementary and secondary schools or in alternative learning situations,
including programs to counsel delinquent juveniles and other juveniles
regarding the opportunities that education provides; and
`(ii) enhance coordination with the local schools such juveniles would
otherwise attend, to ensure that--
`(I) the instruction such juveniles receive outside such schools is closely
aligned with the instruction provided in such schools; and
`(II) information regarding any learning problems identified in such
alternative learning situations are communicated to such schools;',
(F) in subparagraph (F) by striking `youth' and inserting `juveniles',
(G) in subparagraph (G)--
(i) by striking `youth' each place it appears and inserting `juveniles', and
(ii) by inserting `(including juveniles with limited-English speaking
ability)' before `who',
(H) in subparagraph (H)--
(i) in clause (iv) by inserting `(including home-based treatment programs)'
after `facilities', and
(ii) in clause (v) by inserting before the semicolon at the end the
following:
`, with special emphasis on involving parents with limited English-speaking
ability, particularly in areas where there is a large population of families
with limited-English speaking ability',
(I) in subparagraph (I) by striking `learning disabled and other handicapped
juveniles' and inserting `juveniles who are learning disabled or otherwise
handicapped or who have educational problems',
(J) in subparagraph (K) by striking `and' at the end,
(K) by adding at the end the following:
`(M) programs (including referral to literacy programs and social service
programs) to assist families with limited English-speaking ability that
include delinquent juveniles to overcome language and cultural barriers that
may prevent the complete treatment of such juveniles and the preservation
of the family unit; and
`(N) programs designed to prevent and reduce hate crimes committed
by juveniles, including educational programs and sentencing programs
designed specifically for juveniles who commit hate crimes and that provide
alternatives to incarceration;',
(5) in paragraph (12)(B)(i) by striking `child' and inserting `juvenile',
(6) in paragraph (13)--
(A) by striking `youths' and inserting `juveniles',
(B) by striking `regular', and
(C) by inserting before the semicolon at the end `or with the part-time
or full-time security staff (including management) or direct-care staff
of a jail or lockup for adults',
(7) in paragraph (14) by striking `provide that' and all that follows
through `1980,',
(8) in paragraph (17)--
(A) by striking `and other youth' and inserting `juveniles and other
juveniles',
(B) by striking `. Such' and inserting `(such', and
(C) by inserting before the semicolon the following:
`and should include providing family counseling during the incarceration of
juvenile family members and coordination of family services when appropriate
and feasible)',
(9) in paragraph (19) by striking `this Act' each place it appears and
inserting `this title',
(10) by redesignating paragraph (24) as paragraph (28),
(11) in paragraph (23) by striking `and' at the end,
(12) by redesignating paragraphs (9) through (23) as paragraphs (12)
through (26), respectively,
(13) by inserting after paragraph (8) the following:
`(9) contain--
`(A) an analysis of gender-specific services for the prevention and
treatment of juvenile delinquency, including the types of such services
available and the need for such services for females; and
`(B) a plan for providing needed gender-specific services for the prevention
and treatment of juvenile delinquency;
`(10) contain--
`(A) an analysis of services for the prevention and treatment of juvenile
delinquency in rural areas, including the need for such services, the
types of such services available in rural areas, and geographically unique
barriers to providing such services; and
`(B) a plan for providing needed services for the prevention and treatment
of juvenile delinquency in rural areas;
`(11) contain--
`(A) an analysis of mental health services available to juveniles in the
juvenile justice system (including an assessment of the appropriateness of
the particular placements of juveniles in order to receive such services)
and of barriers to access to such services; and
`(B) a plan for providing needed mental health services to juveniles in
the juvenile justice system;', and
(14) by inserting after paragraph (26), as so redesignated, the following:
`(27) provide an assurance that if the State receives under section 222
for any fiscal year an amount that exceeds 105 percent of the amount the
State received under such section for fiscal year 1992, all of such excess
shall be expended through or for programs that are part of a comprehensive
and coordinated community system of services; and'.
(b) APPROVAL OF PLAN; REDUCTION OR TERMINATION OF FUNDS- Section 223(c)
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5633(c)) is amended to read as follows:
`(c)(1) Subject to paragraph (2), the Administrator shall approve any
State plan, and any modification thereof, that meets the requirements of
this section.
`(2) If a State fails to comply with the requirements of paragraph (12)(A),
(13), (14), or (23) in any fiscal year beginning after January 1, 1993,
then--
`(A) subject to subparagraph (B), the amount allotted under section 222
to the State for such fiscal year shall be reduced by 25 percent for each
such paragraph with respect which to noncompliance occurs; and
`(B) the State shall be ineligible to receive any allotment under such
section for such fiscal year unless--
`(i) the State agrees to expend all the remaining funds the State receives
under this part (excluding funds required to be expended to comply with
subsections (c) and (d) of section 222 and with section 223(a)(5)(C))
for such fiscal year only to achieve compliance with any such paragraph
with respect to which the State is in noncompliance; or
`(ii) the Administrator determines, in the discretion of the Administrator,
that the State has--
`(I) achieved substantial compliance with each such paragraph with respect
to which the State is in noncompliance; and
`(II) made, through appropriate executive or legislative action, an
unequivocal commitment to achieving full compliance within a reasonable
time.'.
(c) LACK OF APPROVED STATE PLAN- Section 223(d) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(d)) is amended--
(1) in the first sentence--
(A) by inserting `, excluding funds the Administrator shall make available
to satisfy the requirement specified in section 222(d),' after `section
222(a)', and
(B) by striking `the purposes of subsection (a)(12)(A), subsection (a)(13),
or subsection (a)(14)' and inserting `activities of the kinds described
in paragraphs (12)(A), (13), (14), and (23) of subsection (a)', and
(2) in the last sentence by striking `under subsection' and all that follows
through `subsection (a)(13)', and inserting the following: `of paragraphs
(12)(A), (13), (14), and (23)'.

bb1130cd1c0a4abbf999d670c92f0e8b5b0eb7497a8e3e89091d6d08dc44f165

Section 242(3) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5652(3)) is amended by inserting `(including drug and
alcohol programs and gender-specific programs)' after `treatment programs'.

4b318a80865fb817eab0af4d17ad556a302c0e4e83aefba0d0c3a05c95c40777

Section 243 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5663) is amended--
(1) by striking `The' and inserting `(a) The',
(2) in paragraph (8) by striking `and' at the end,
(3) in paragraph (9) by striking the period at the end and inserting a
semicolon, and
(4) by adding at the end the following:
`(10) support research related to achieving a better understanding of the
commission of hate crimes by juveniles and designed to identify educational
programs best suited to prevent and reduce the incidence of hate crimes
committed by juveniles; and
`(11) routinely collect, analyze, compile, publish, and disseminate uniform
national statistics concerning--
`(A) all aspects of juveniles as victims and offenders;
`(B) the processing and treatment, in the juvenile justice system, of
juveniles who are status offenders, delinquent, neglected, or abused; and
`(C) the processing and treatment of such juveniles who are treated as
adults for purposes of the criminal justice system.
`(b) The Administrator shall make available to the public--
`(1) the results of evaluations and research and demonstration activities
referred to in subsection (a)(6); and
`(2) the data and studies referred to in subsection (a)(7);
that the Administrator is authorized to disseminate under subsection (a).'.

4398706b0190c94737fd862ef0afd69b05bc0cda7bb63bee628ecad6d7847b79

Section 244 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5654) is amended--
(1) in paragraph (2)  by inserting `(including juveniles who commit hate
crimes)' after `offenders',
(2) in paragraph (3) by striking `and' at the end,
(3) in paragraph (4) by striking the period at the end and inserting `;
and', and
(4) by adding at the end the following:
`(5) provide technical assistance and training to assist States and units
of general local government to adopt the model standards issued under
section 204(b)(7).'.

1a01f05db9b22a8ab4dec2b63601180bb97a610ac6143cad395bccdeb71e6fac

The first sentence of section 245 is amended by inserting before the period
at the end the following: `, including methods and techniques specifically
designed to prevent and reduce the incidence of hate crimes committed
by juveniles'.

8d10ec1f2408789ac0ed3bb7801d03930a85cb6fe56f56eafbe665b4ec6d42a8

Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5660) is amended by inserting before the period at the end the
following: `and shall include training designed to prevent juveniles from
committing hate crimes'.

482fb1a68bb4852fe0ddd06562081b559be4e240a2af84b23b99840ac3a1d6f2

Section 248 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5662) is amended by adding at the end the following:
`(d)(1) Not later than 180 days after the date of the enactment of
the Juvenile Justice and Delinquency Prevention Amendments of 1992, the
Administrator shall begin to conduct a study of the incidence of violence
committed by or against juveniles in urban and rural areas in the United
States.
`(2) Such areas shall include--
`(A) the District of Columbia;
`(B) Los Angeles, California;
`(C) Milwaukee, Wisconsin; and
`(D) such other cities as the Administrator determines to be appropriate.
`(3) With respect to each area included in the study, the objectives of
the study shall be--
`(A) to identify characteristics and patterns of behavior of juveniles
who are at risk of becoming violent or victims of homicide;
`(B) to identify factors particularly indigenous to such area that contribute
to violence committed by or against juveniles;
`(C) to determine the accessibility of firearms and the use of firearms
by or against juveniles;
`(D) to determine the conditions that cause any increase in violence
committed by or against juveniles;
`(E) to identify existing and new diversion, prevention, and control
programs to ameliorate such conditions;
`(F) to improve current systems to prevent and control violence by or
against juveniles; and
`(G) to develop a plan to assist State and local governments to establish
viable ways to reduce homicide committed by or against juveniles.
`(4) Not later than 3 years after the date of the enactment of the Juvenile
Justice and Delinquency Prevention Amendments of 1992, the Administrator
shall submit a report, to the Chairman of the Committee on Education and
Labor of the House of Representatives and the Chairman of the Committee on
the Judiciary of the Senate, detailing the results of the study addressing
each objective specified in paragraph (3).
`(e)(1) Not later than 1 year after the date of the enactment of the
Juvenile Justice and Delinquency Prevention Amendments of 1992, the
Administrator shall--
`(A) conduct a study described in paragraph (2), using data available from
Federal, State, and local enforcement agencies, and
`(B) submit to the chairman of the Committee on Education and Labor of
the House of Representatives and the chairman of the Committee on the
Judiciary of the Senate the results of such study.
`(2) Such study shall assess--
`(A) the characteristics of juveniles who commit hate crimes, and to
prepare a profile of such juveniles, based on--
`(i) the types of hate crimes committed;
`(ii) their motives for committing hate crimes;
`(iii) the extent to which such juveniles were influenced by publications
and organized groups intended to encourage the commission of hate crimes; and
`(iv) the impact of their race, ethnic background, sex, age, neighborhood,
and family income on such juveniles;
`(B) the characteristics of hate crimes committed by juveniles, including--
`(i) the types of such crimes;
`(ii) the number of individuals who participated with juveniles in committing
such crimes;
`(iii) the types of law enforcement investigations conducted with respect
to such crimes;
`(iv) the law enforcement proceedings commenced against juveniles for
committing hate crimes; and
`(v) the penalties imposed on such juveniles as a result of such proceedings;
and
`(C) the characteristic of the victims of hate crimes committed by juveniles,
including--
`(i) a profile of such victims; and
`(ii) the frequency with which institutions and individuals, separately
determined, were the targets of such crimes.'.

bf3084a43d07476867a0939ce234aaddb25798e031ac36e84a79ec81c6f8fdc5

Section 261 Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5665) is amended--
(1) in subsection (a)--
(A) by striking `(a) The' and inserting `(a) Except as provided in subsection
(f), the',
(B) in paragraph (1) by inserting `(including home-based treatment programs)'
after `alternatives',
(C) in paragraph (4)--
(i) by inserting `(including self-help programs for parents)' after
`programs', and
(ii) by inserting before the period at the end the following:
`, including programs that work with families during the incarceration of
juvenile family members and which take into consideration the special needs
of families with limited-English speaking ability',
(D) in paragraph (6)--
(i) in subparagraph (C) by striking the period at the end and inserting
a semicolon, and
(ii) by adding at the end the following:
`that targets juveniles who have had contact with the juvenile justice system
or who are likely to have contact with such system.', and
(E) by adding at the end the following:
`(8) Establishing or supporting programs designed to prevent and to reduce
the incidence of hate crimes committed by juveniles, including--
`(A) model educational programs that are designed to reduce the incidence
of hate crimes by means such as--
`(i) addressing the specific prejudicial attitude of each offender;
`(ii) developing an awareness in such offender, of the effect of the hate
crime on the victim; and
`(iii) educating such offender about the importance of tolerance in our
society; and
`(B) sentencing programs that are designed specifically for juveniles who
commit hate crimes and that provide alternatives to incarceration.',
(2) in subsection (b)--
(A) by striking `(b) The' and inserting `(b) Except as provided in subsection
(f), the', and
(B) in paragraph (2) by inserting `to assist in identifying learning
difficulties (including learning disabilities),' after `schools,', and
(3) by adding at the end the following:
`(f) The Administrator shall not make a grant or a contract under subsection
(a) or (b) to the Department of Justice or to any administrative unit or
other entity that is part of the Department of Justice.'.

3df6d04e49a44533a2bbd2028feeddad0b1eb35cadb924367b3d44c5f81da815

(i) Section 262(d)(1) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5665a(d)(1)) is amended--
(1) by amending subparagraph (B) to read as follows:
`(B) The competitive process described in subparagraph (A) shall not
apply to programs to be carried out in areas with respect to which
the President declares under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) that a major disaster
or emergency exists.', and
(2) by striking subparagraph (C).

5884685dd59905454c874e74b9469219dd36c612f95918c181ef02a4b6d4091f

Part D of title II of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5667-5667a) is amended to read as follows:
`Part D--Gang-Free Schools and Communities; Community-Based Gang Intervention
`Subpart I--Gang-Free Schools and Communities
`AUTHORITY TO MAKE GRANTS AND CONTRACTS
`SEC. 281. (a) The Administrator shall make grants to or enter into
contracts with public agencies (including local educational agencies) and
private nonprofit agencies, organizations, and institutions to establish
and support programs and activities that involve families and communities
and that are designed to carry out any of the following purposes:
`(1) To prevent and to reduce the participation of juveniles in the
activities of gangs that commit crimes. Such programs and activities
may include--
`(A) individual, peer, family, and group counseling, including the provision
of life skills training and preparation for living independently;
`(B) education and social services designed to address the social and
developmental needs of juveniles which such juveniles would otherwise seek
to have met through membership in gangs;
`(C) the organization of neighborhood and community groups to work closely
with parents, schools, law enforcement, and other public and private
agencies in the community; and
`(D) training and assistance to adults who have significant relationships
with juveniles who are or may become members of gangs, to assist such
adults in providing constructive alternatives to participating in the
activities of gangs.
`(2) To develop within the juvenile adjudicatory and correctional systems
new and innovative means to address the problems of juveniles convicted
of serious drug-related and gang-related offenses.
`(3) To provide treatment to juveniles who are members of such gangs,
including members who are accused of committing a serious crime and members
who have been adjudicated as being delinquent.
`(4) To promote the involvement of juveniles in lawful activities in
geographical areas in which gangs commit crimes.
`(5) To promote and support, with the cooperation of community-based
organizations experienced in providing services to juveniles engaged
in gang-related activities and the cooperation of local law enforcement
agencies, the development of policies and activities in public elementary
and secondary schools which will assist such schools in maintaining a safe
environment conducive to learning.
`(6) To assist juveniles who are or may become members of gangs to obtain
appropriate educational instruction, in or outside a regular school program,
including the provision of counseling and other services to promote and
support the continued participation of such juveniles in such instructional
programs.
`(7) To expand the availability of prevention and treatment services relating
to the illegal use of controlled substances and controlled substances
analogues (as defined in paragraphs (6) and (32) of section 102 of the
Controlled Substances Act (21 U.S.C. 802) by juveniles, provided through
State and local health and social services agencies.
`(8) To provide services to prevent juveniles from coming into contact
with the juvenile justice system again as a result of gang-related activity.
`(9) To support activities to inform juveniles of the availability of
treatment and services for which financial assistance is available under
this subpart.
`(b) From not more than 15 percent of the amount appropriated to carry out
this part in each fiscal year, the Administrator may make grants to and
enter into contracts with public agencies and private nonprofit agencies,
organizations, and institutions--
`(1) to conduct research on issues related to juvenile gangs;
`(2) to evaluate the effectiveness of programs and activities funded under
subsection (a); and
`(3) to increase the knowledge of the public (including public and private
agencies that operate or desire to operate gang prevention and intervention
programs) by disseminating information on research and on effective programs
and activities funded under this subpart.
`APPROVAL OF APPLICATIONS
`SEC. 282. (a) Any agency, organization, or institution desiring to receive
a grant, or to enter into a contract, under this subpart shall submit an
application at such time, in such manner, and containing such information
as the Administrator may prescribe.
`(b) In accordance with guidelines established by the Administrator,
each application submitted under subsection (a) shall--
`(1) set forth a program or activity for carrying out one or more of the
purposes specified in section 281 and specifically identify each such
purpose such program or activity is designed to carry out;
`(2) provide that such program or activity shall be administered by or
under the supervision of the applicant;
`(3) provide for the proper and efficient administration of such program
or activity;
`(4) provide for regular evaluation of such program or activity;
`(5) provide an assurance that the proposed program or activity will
supplement, not supplant, similar programs and activities already available
in the community;
`(6) describe how such program or activity is coordinated with programs,
activities, and services available locally under parts B or C of this title,
and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11801-11805);
`(7) certify that the applicant has requested the State planning agency
to review and comment on such application and summarizes the responses of
such State planning agency to such request;
`(8) provide that regular reports on such program or activity shall be
sent to the Administrator and to such State planning agency; and
`(9) provide for such fiscal control and fund accounting procedures as
may be necessary to ensure prudent use, proper disbursement, and accurate
accounting of funds received under this subpart.
`(c) In reviewing applications for grants and contracts under section
281(a), the Administrator shall give priority to applications--
`(1) submitted by, or substantially involving, local educational agencies
(as defined in section 1471 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891));
`(2) based on the incidence and severity of crimes committed by gangs whose
membership is composed primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs and activities for
which such grants and contracts are requested; and
`(3) for assistance for programs and activities that--
`(A) are broadly supported by public and private nonprofit agencies,
organizations, and institutions located in such geographical area; and
`(B) will substantially involve the families of juvenile gang members in
carrying out such programs or activities.
`Subpart II--Community-Based Gang Intervention
`SEC. 285. (a) The Administrator shall make grants to or enter into
contracts with public and private nonprofit agencies, organizations,
and institutions to carry out programs and activities--
`(1) to reduce the participation of juveniles in the illegal activities
of gangs;
`(2) to develop regional task forces involving State, local, and
community-based organizations to coordinate enforcement, intervention,
and treatment efforts for juvenile gang members and to curtail interstate
activities of gangs; and
`(3) to facilitate coordination and cooperation among--
`(A) local education, juvenile justice, employment, and social service
agencies; and
`(B) community-based programs with a proven record of effectively providing
intervention services to juvenile gang members for the purpose of reducing
the participation of juveniles in illegal gang activities.
`(b) Programs and activities for which grants and contracts are to be made
under subsection (a) may include--
`(1) developing within the juvenile adjudicatory and correctional systems
new and innovative means to address the problems of juveniles convicted
of serious drug-related and gang-related offenses;
`(2) providing treatment to juveniles who are members of such gangs,
including members who are accused of committing a serious crime and members
who have been adjudicated as being delinquent;
`(3) promoting the involvement of juveniles in lawful activities in
geographical areas in which gangs commit crimes;
`(4) expanding the availability of prevention and treatment services relating
to the illegal use of controlled substances and controlled substances
analogues (as defined in paragraphs (6) and (32) of section 102 of the
Controlled Substances Act (21 U.S.C. 802) by juveniles, provided through
State and local health and social services agencies;
`(5) providing services to prevent juveniles from coming into contact with
the juvenile justice system again as a result of gang-related activity; or
`(6) supporting activities to inform juveniles of the availability of
treatment and services for which financial assistance is available under
this subpart.
`APPROVAL OF APPLICATIONS
`SEC. 286. (a) Any agency, organization, or institution desiring to receive
a grant, or to enter into a contract, under this subpart shall submit an
application at such time, in such manner, and containing such information
as the Administrator may prescribe.
`(b) In accordance with guidelines established by the Administrator,
each application submitted under subsection (a) shall--
`(1) set forth a program or activity for carrying out one or more of the
purposes specified in section 285 and specifically identify each such
purpose such program or activity is designed to carry out;
`(2) provide that such program or activity shall be administered by or
under the supervision of the applicant;
`(3) provide for the proper and efficient administration of such program
or activity;
`(4) provide for regular evaluation of such program or activity;
`(5) provide an assurance that the proposed program or activity will
supplement, not supplant, similar programs and activities already available
in the community;
`(6) describe how such program or activity is coordinated with programs,
activities, and services available locally under parts B or C of this title,
and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11801-11805);
`(7) certify that the applicant has requested the State planning agency
to review and comment on such application and summarizes the responses of
such State planning agency to such request;
`(8) provide that regular reports on such program or activity shall be
sent to the Administrator and to such State planning agency; and
`(9) provide for such fiscal control and fund accounting procedures as
may be necessary to ensure prudent use, proper disbursement, and accurate
accounting of funds received under this subpart.
`(c) In reviewing applications for grants and contracts under section
285(a), the Administrator shall give priority to applications--
`(1) submitted by, or substantially involving, community-based organizations
experienced in providing services to juveniles;
`(2) based on the incidence and severity of crimes committed by gangs whose
membership is composed primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs and activities for
which such grants and contracts are requested; and
`(3) for assistance for programs and activities that--
`(A) are broadly supported by public and private nonprofit agencies,
organizations, and institutions located in such geographical area; and
`(B) will substantially involve the families of juvenile gang members in
carrying out such programs or activities.
`Subpart III--General Provisions
`DEFINITION
`SEC. 288. For purposes of this part, the term `juvenile' means an individual
who is less than 22 years of age.'.

d44413ca37b16b814d4979e199c883fba5254aa88edb59198308f03f7b3c9af5

(a) GENERAL AUTHORIZATION- The first sentence of section 291(a)(1)
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5671(a)(1)) is amended to read as follows:
`There are authorized to be appropriated to carry out this title (other than
part D) $150,000,000 for fiscal year 1993 and such sums as may be necessary
for fiscal years 1994, 1995, and 1996.'.
(b) PART D AUTHORIZATION- Section 291(a)(2)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)(2)(A)) is amended
to read as follows:
`(A)(i) Subject to subparagraph (B), there are authorized to be appropriated
$25,000,000 for fiscal year 1993 and such sums as may be necessary for
fiscal years 1994, 1995, and 1996 to carry out subpart I of part D.
`(ii) Subject to subparagraph (B), there are authorized to be appropriated
$25,000,000 for fiscal year 1993 and such sums as may be necessary for
fiscal years 1994, 1995, and 1996 to carry out subpart II of part D.'.

da2c98b5ece402a7e6fd2586b6fd459a4e4dbd3edb16922624d0e02f5a2f6729

Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701)
is amended--
(1) by amending paragraph (1) to read as follows:
`(1) juveniles who leave and remain away from home without parental
permission, are at risk of developing serious health and other problems
because they lack sufficient resources to obtain care and may live on the
street for extended periods thereby endangering themselves and creating
a substantial law enforcement problem for communities in which they
congregate;',
(2) in paragraph (4) by striking `and' at the end,
(3) in paragraph (5) by striking `temporary' and all that follows through
the period at the end, and inserting `care (including preventive services,
emergency shelter services, and extended residential shelter) outside the
welfare system and the law enforcement system;'
(4) by adding at the end the following:
`(6) runaway and homeless youth have a disproportionate share of health,
behavioral, and emotional problems compared to the general population of
youth, but have less access to health care and other appropriate services;
`(7) early intervention services (such as home-based services) are needed
to prevent runaway and homeless youth from becoming involved in the juvenile
justice system and other law enforcement systems; and
`(8) street-based services that target runaway and homeless youth where
they congregate are needed to reach youth who require assistance but who
would not otherwise avail themselves of such assistance or services without
street-based outreach.'.

5e9e201ec6e683f978afbcc27891d7a5204d70f97b66d69106768b595d4b8f3d

TITLE II

-AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT

(a) AUTHORITY- Section 311(a) of the Runaway and Homeless Youth Act
(42 U.S.C. 5711(a)) is amended by striking `structure and' and inserting
`system, the child welfare system, the mental health system, and'.
(b) ALLOTMENT OF FUNDS- Section 311(b) of the Runaway and Homeless Youth
Act (42 U.S.C. 5711(b)) is amended--
(1) in paragraph (2)--
(A) by striking `$75,000' and inserting `$100,000', and
(B) by striking `$30,000' and inserting `$45,000', and
(2) in paragraph (3) by striking `1988' each place it appears and inserting
`1992'.
(c) STREET-BASED SERVICES; HOME-BASED SERVICES- Section 311 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended
by striking subsection (c) and inserting the following:
`(c)(1) If for a fiscal year the amount appropriated under section 385(a)(1)
exceeds $50,000,000, then the Secretary may make grants under this subsection
for such fiscal year to entities that receive grants under subsection
(a), to establish and operate street-based service projects for runaway
and homeless youth on the street.
`(2) For purposes of this part--
`(A) the term `runaway and homeless youth on the street' means an individual
who--
`(i) is less than 22 years of age; and
`(ii) may obtain the means of survival by engaging in unlawful activity
in a public place;
`(B) the term `street-based service project' means a project that--
`(i) provides staff (including volunteers) to frequent public places in
which runaway and homeless youth on the street congregate, for purposes
of identifying, contacting, and establishing relationships with such youth;
`(ii) assesses the problems and service needs of runaway and homeless
youth on the street contacted, and refers such youth to agencies and
organizations that provide needed services;
`(iii) provides street-based crisis intervention and counseling to runaway
and homeless youth on the street, or refers such youth to providers of
needed crisis intervention services; and
`(iv) provides health education and disease prevention services to runaway
and homeless youth on the street.
`(d)(1) If for a fiscal year the amount appropriated under section 385(a)(1)
exceeds $50,000,000, then the Secretary may make grants for such fiscal
year to entities that receive grants under subsection (a), to establish
and operate home-based service projects for families that are separated,
or at risk of separation, as a result of the physical absence of a runaway
youth or youth at risk of family separation.
`(2) For purposes of this part--
`(A) the term `home-based service project' means a project that provides--
`(i) case management; and
`(ii) in the family residence (to the maximum extent practicable)--
`(I) intensive, time-limited, family and individual counseling;
`(II) training relating to life skills and parenting; and
`(III) other services;
designed to prevent youth from running away from their families or to cause
runaway youth or to return to their families;
`(B) the term `youth at risk of family separation' means an individual--
`(i) who is less than 18 years of age;
`(ii) who has a history of running away from the family of such individual;
`(iii) whose parent, guardian, or custodian is not willing to provide for
the basic needs of such individual; and
`(iv) who is at risk of entering the child welfare system or juvenile
justice system, as a result of the lack of services available to the family
to meet such needs; and
`(C) the term `time-limited' means for a period not to exceed 6 months.'.

a97473d0509e9cdcf68ac2be4e7a8627d2c33efa3e0b6f82fe567808a22384ef

(a) APPLICANTS- Section 312(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(a)) is amended by inserting `(including a host family home)'
after `facility'.
(b) PLAN REQUIREMENTS- Section 312(b) of the Runaway and Homeless Youth Act
(42 U.S.C. 5712(b)) is amended--
(1) by amending paragraph (2) to read as follows:
`(2) shall use such assistance to establish, to strengthen, or to fund
a runaway and homeless youth center, or a locally controlled facility
providing temporary shelter, that has--
`(A) a maximum capacity of not more than 25 youth; and
`(B) a ratio of staff to youth that is sufficient to ensure adequate
supervision and treatment;',
(2) in paragraph (3)--
(A) by striking `child's parents or relatives and assuring' and inserting
`parents or other relatives of the youth and ensuring', and
(B) by striking `child' each place it appears and inserting `youth',
(3) by amending paragraph (4) to read as follows:
`(4) shall develop an adequate plan for ensuring--
`(A) proper relations with law enforcement personnel, social service
personnel, health care personnel, school system personnel, and welfare
personnel;
`(B) coordination with personnel of the schools to which runaway and
homeless youth will return, to assist such youth to stay current with the
curricula of such schools; and
`(C) the return of runaway and homeless youth from correctional
institutions;',
(4) in paragraph (5)--
(A) by striking `aftercare' and all that follows through `assuring', and
inserting `providing counseling and aftercare services to such youth,
for encouraging the involvement of their parents or legal guardians in
counseling, and for ensuring', and
(B) by striking `children' and inserting `youth',
(5) in paragraph (6) by striking `children and family members which it
serves' and inserting `youth and family members whom it serves (including
youth who are not referred to out-of-home shelter services)',
(6) by redesignating paragraphs (6) through (10) as paragraphs (7) through
(11), respectively, and
(7) by inserting after paragraph (5) the following:
`(6) shall develop an adequate plan for establishing outreach programs
designed to attract individuals (including individuals who are members of
a cultural minority and individuals with limited English-speaking ability)
who are eligible to receive services for which a grant under subsection
(a) may be expended;'.
(c) STREET-BASED SERVICES; HOME-BASED SERVICES- Section 312 of the Runaway
and Homeless Youth Act (42 U.S.C. 5712) is amended adding at the end
the following:
`(c) To be eligible for assistance under section 311(c), an applicant shall
propose to establish, strengthen, or fund a street-based service project for
runaway and homeless youth on the street and shall submit to the Secretary
a plan in which such applicant agrees, as part of such project --
`(1) to provide qualified supervision of staff, including on-street
supervision;
`(2) backup personnel for on-street staff;
`(3) to provide informational and health educational material to runaway
and homeless youth on the street in need of services;
`(4) to provide initial and periodic training of staff who provide services
under such project;
`(5) to carry out outreach activities for runaway and homeless youth on
the street and to collect statistical information on runaway and homeless
youth on the street contacted through such activities;
`(6) to develop referral relationships with agencies and organizations
that provide services or assistance to runaway and homeless youth on the
street, including law enforcement, education, social services, vocational
education and training, public welfare, legal assistance, and health care;
`(7) to submit to the Secretary an annual report that includes information
regarding the activities carried out with funds received under section
311(c), the achievements of the project under section 311(c) carried out
by the applicant, and statistical summaries describing the number and
the characteristics of the runaway and homeless youth on the street who
participate in such project in the year for  which the report is submitted;
`(8) to implement such accounting procedures and fiscal control devices
as the Secretary may require;
`(9) to submit to the Secretary an annual budget that estimates the itemized
costs to be incurred in the year for which the applicant requests a grant
under this subsection 311(c);
`(10) to keep adequate statistical records that profile runaway and homeless
youth on the street whom it serves and not to disclose the identity such
youth in reports or other documents based on such statistical records;
`(11) not to disclose records maintained on individual runaway and homeless
youth on the street without the informed consent of the individual youth,
to anyone other than an agency compiling statistical records; and
`(12) to provide to the Secretary such other information as the Secretary
may reasonably require.
`(d) To be eligible for assistance under section 311(d), an applicant shall
propose to establish, strengthen, or fund a home-based service project for
runaway youth or youth at risk of family separation and shall submit to the
Secretary a plan in which such applicant agrees, as part of such project --
`(1) to provide counseling and information services needed by runaway youth,
youth at risk of family separation, and the family (including unrelated
individuals in the family household) of such youth, including services
relating to basic life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical health care,
parent training, financial planning, and referral to sources of other
needed services;
`(2) to provide directly, or through an arrangement made by the applicant,
24-hour service to respond to family crises (including immediate access to
temporary shelter for runaway youth and youth at risk of family separation
affected by family crises);
`(3) to establish in partnership with the families of runaway youth and
youth at risk of family separation, objectives and measures of success to
be achieved as a result of participating in such project;
`(4) to provide informational and health educational material to runaway
youth and youth at risk of family separation in need of services;
`(5) to provide initial and periodic training of staff who provide services
under such project;
`(6) to carry out outreach activities for runaway youth and youth at risk of
family separation, and to collect statistical information on runaway youth
and youth at risk of family separation contacted through such activities;
`(7) to ensure that--
`(i) caseloads will remain sufficiently low to allow for intensive (5
to 20 hours per week) involvement with each family participating in such
project; and
`(ii) qualified supervision will be provided to staff who provide services
under such project;
`(8) to submit to the Secretary an annual report that includes information
regarding the activities carried out with funds under section 311(d), the
achievements of the project under this part carried out by the applicant
and statistical summaries describing the number and the characteristics of
the runaway youth and youth at risk of family separation who participate
in such project in the year for  which the report is submitted;
`(9) to implement such accounting procedures and fiscal control devices
as the Secretary may require;
`(10) to submit to the Secretary an annual budget that estimates the itemized
costs to be incurred in the year for which the applicant requests a grant
under section 311(d);
`(11) to keep adequate statistical records that profile runaway youth and
youth at risk of family separation whom it serves and not to disclose
the identity of such youth in reports or other documents based on such
statistical records;
`(12) not to disclose records maintained on individual runaway youth or youth
at risk of family separation without the informed consent of the individual
youth, to anyone other than an agency compiling statistical records; and
`(13) to provide to the Secretary such other information as the Secretary
may reasonably require.'.

bb4e4bbfa55d5ad45fff10612d0d0e8e2395739a9cd82df0cb6c0ae9a47024b8

Section 316 of the Runaway and Homeless Youth Act (42 U.S.C. 5712a)
is amended--
(1) in the first sentence--
(A) by striking `section 311(a)' the first place it appears and inserting
`subsection (a), (c), or (d) of section 311', and
(B) by striking `section 311(a)' the last place it appears and inserting
`such subsection', and
(2) by striking `$150,000' and inserting `$200,000'.

58082aeb11d181187f6fddab90cc0d119f50eba21db83b1df930eaa9669eac7d

Section 317 of the Runaway and Homeless Youth Act (42 U.S.C. 5714)
is amended--
(1) by striking `part' each place it appears and inserting `title',
(2) in the first sentence inserting `and the programs, projects, and
activities they carry out under this title' after `center', and
(3) in the last sentence by inserting `under this title' before the period
at the end.

a4ee80b448602d879b5edd9259d2333caad5c11abe91f9345101e263d92a0189

Section 322(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a))
is amended--
(1) in paragraph (8) by inserting `(including individuals who are members
of a cultural minority and individuals who have limited-English speaking
ability)' after `individuals', and
(2) in paragraph (13)--
(A) by striking `consent of the individual youth and parent or legal
guardian' and inserting `informed consent of the individual youth', and
(B) by striking `or a government agency involved in the disposition of
criminal charges against youth'.

1dd7b8658b9a95eb57741d888ecbc892dbe0d2fa34d43c2c6b621870fd419ce7

Section 361 of the Runaway and Homeless Youth Act (42 U.S.C. 5715)
is amended--
(1) in subsection (a) by striking `runaway' and all that follows through
`part A', and inserting `programs, projects, and activities carried out
under this title (other than part B)', and
(2) by adding at the end the following:
`(c) The Secretary shall include in each report required by this section
a summary of the results of Federal evaluation of the programs, projects,
and activities carried out under this title, and a description of the
training provided to the individuals who carry out such evaluation. As
part of such evaluation, the Secretary shall require such individuals to
visit each grantee on-site not less frequently than at 3-year intervals.'.

e37c32562d93ef8382e2c470908bb83acbe8dc1ecd6366234c8fe08de38408a9

(a) GENERAL AUTHORIZATION- Section 366(a) of the Runaway and Homeless
Youth Act (42 U.S.C. 5751(a)) is amended--
(1) by amending paragraph (1) to read as follows:
`(1) There are authorized to carry out this title (other than part B and
section 344) $75,000,000 for fiscal year 1993 and such sums as may be
necessary for fiscal years 1994, 1995, and 1996.', and
(2) by adding at the end the following:
`(3)  After making the allocation required by paragraph (2), the Secretary
shall reserve--
`(A) for fiscal year 1993 not less than $912,500, of which $125,000 shall
be available for the acquisition of communications equipment;
`(B) for fiscal year 1994 not less than $826,900;
`(C) for fiscal year 1995 not less than $868,300; and
`(D) for fiscal year 1996 not less than $911,700;
to carry out section 331.'.
(b) TRANSITIONAL LIVING GRANT PROGRAM- Section 366(b)(1) of the Runaway
and Homeless Youth Act (42 U.S.C. 5751(b)(1)) is amended to read as follows:
`(1) Subject to paragraph (2), there are authorized to be appropriated
to carry out B $25,000,000 for fiscal year 1993 and such sums as may be
necessary for fiscal years 1994, 1995, and 1996.'.
(c) DEMONSTRATION PROJECTS IN RURAL AREAS- Section 366 of the Runaway and
Homeless Youth Act (42 U.S.C. 5751) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively, and
(2) by inserting after subsection (b) the following:
`(c) There is authorized to be appropriated $1,000,000 for each of the
fiscal years 1993, 1994, 1995, and 1996 to carry out section 344.'.

817debc853f4b7b658c440eb2315578e031c0053631e8fbb86e55ffb23fb56c6

HOME-BASED SERVICES PROGRAM; COORDINATING ACTIVITIES.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended--
(1) in part D--
(A) by striking `PART D' and inserting `PART F', and
(B) by redesignating sections 361, 362, 363, 364, and 366 as sections 381
through 385, respectively,
(2) in part C--
(A) by striking PART C' and inserting `PART E', and
(B) by redesignating sections 341 and 342 as sections 371 and 372,
respectively, and
(3) by inserting after part B the following:
`Part C--National Communications System
`AUTHORITY TO MAKE GRANTS
`SEC. 331. With funds reserved under section 385(a)(3), the Secretary
shall make grants for a national communication system to assist runaway
and homeless youth in communicating with their families and with service
providers. The Secretary shall give priority to grant applicants that have
experience in providing telephone services to runaway and homeless youth.
`Part D--Coordinating, Training, Research, and Other Activities
`COORDINATION
`SEC. 341. With respect to matters relating to the health, education,
employment, and housing of runaway and homeless youth, the Secretary shall
coordinate the activities of agencies of the Department of Health and
Human Services with the activities of other Federal entities and with the
activities of entities that are eligible to receive grants under this title.
`GRANTS FOR TECHNICAL ASSISTANCE AND TRAINING
`SEC. 342. The Secretary may make grants to statewide and regional nonprofit
organizations (and combinations of such organizations) to provide technical
assistance and training to public and private entities (and combinations
of such entities) that are eligible to receive grants under this title,
for the purpose of carrying out the programs, projects, or activities for
which such grants are made.
`AUTHORITY TO MAKE GRANTS FOR RESEARCH, DEMONSTRATION, AND SERVICE PROJECTS
`SEC. 343. (a) The Secretary may make grants to States, localities,
and private entities (and combinations of such entities) to carry out
research, demonstration, and service projects designed to increase knowledge
concerning, and to improve services for, runaway youth and homeless youth.
`(b) In selecting among applications for grants under subsection (a), the
Secretary shall give special consideration to proposed projects relating to--
`(1) juveniles who repeatedly leave and remain away from their homes
without parental permission;
`(2) home-based and street based services for, and outreach to, runaway
youth and homeless youth;
`(3) transportation of runaway youth and homeless youth in connection with
services authorized to be provided under this title;
`(4) the special needs of runaway youth and homeless youth programs in
rural areas;
`(5) the special needs of programs that place runaway youth and homeless
youth in host family homes;
`(6) the special needs of programs for runaway and homeless youth who are
sexually abused;
`(7) innovative methods of developing resources that enhance the
establishment or operation of runaway and homeless youth centers.
`(8) training for runaway youth and homeless youth, and staff training,
related to preventing and obtaining treatment for infection by the human
immunodeficiency virus (HIV);
`(9) staff training to recognize and respond to emotional and behavioral
effects of sexual abuse experienced by youth, and agency-wide strategies
for responding to youth who may have been sexually abused;
`(10) increasing access to health care (including mental health care)
for runaway youth and homeless youth; and
`(11) increasing access to education for runaway youth and homeless youth.
`(c) In selecting among applicants for grants under subsection (a), the
Secretary shall give priority to applicants who have experience working
with runaway youth or homeless youth.
`TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO YOUTH IN RURAL AREAS
`SEC. 344. (a)(1) With funds appropriated under section 385(c), the Secretary
may make grants on a competitive basis to States, localities, and private
entities (and combinations of such entities) to provide services (including
transportation) authorized to be provided under part A, to runaway and
homeless youth in rural areas.
`(2)(A) Each grant made under paragraph (1) may not exceed $100,000.
`(B) In each fiscal year for which funds are appropriated to carry out this
section, grants shall be made under paragraph (1) to eligible applicants
carry out projects in not fewer than 10 States.
`(C) Not more than 2 grants may be made under paragraph (1) in each fiscal
year to carry out projects in a particular State.
`(3) Each eligible applicant that receives a grant for a fiscal year to
carry out a project under this section shall have priority to receive a grant
for the subsequent fiscal year to carry out a project under this section.
`(b) To be eligible to receive a grant under subsection (a), an applicant
shall--
`(1) submit to the Secretary an application in such form and containing
such information and assurances as the Secretary may require by rule; and
`(2) propose to carry out such project in a geographical area that--
`(A) has a population under 20,000; and
`(B) is located outside a Standard Metropolitan Statistical Area; and
`(C) agree to provide to the Secretary an annual report identifying--
`(i) the number of runaway and homeless youth who receive services under
the project carried out by the applicant;
`(ii) the types of services authorized under part A that were needed by, but
not provided to, such youth in the geographical area served by the project;
`(iii) the reasons the services identified under clause (ii) were not
provided by the project; and
`(iv) such other information as the Secretary may require.'.
(b) CONFORMING AMENDMENTS- (1) Section 313 of the Runaway and Homeless
Youth Act (42 U.S.C. 5712a) is repealed.
(2) Section 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5712b)
is repealed.
(3) Section 315 of the Runaway and Homeless Youth Act (42 U.S.C. 5712c)
is repealed.
(4) Sections 316 and 317 of the Runaway and Homeless Youth Act (42
U.S.C. 5713, 5714) are redesignated as sections 313 and 314, respectively.
(5) Section 365 of the Runaway and Homeless Youth Act (42 U.S.C. 5733)
is repealed.

7d62dc753da50d22d194ad53b1bbdce4856abdc8a0c611dc586f9c17125799a4

Section 407 of the Missing Children's Assistance Act (42 U.S.C. 5777)
is amended by striking `1989, 1990, 1991, and 1992' and inserting `1993,
1994, 1995, and 1996'.

326daee1bb755e4f1bb1d3a28f33e52c298a87f4778578243850022f9991e8d4

TITLE III

-AMENDMENT TO THE MISSING CHILDREN'S ASSISTANCE ACT

The Congress finds the following:
(1) Circumstances surrounding the recent death of a young boy named Adam
Mann in New York City prompted a shocking documentary focusing on the
inability of child protection services to protect suffering children,
and this documentary showed the serious need for systemic changes in our
child welfare protection system.
(2) Thorough, coordinated, and comprehensive investigation will hopefully
lead to the prevention of abuse, neglect, or death in future instances.
(3) An undue burden is placed on investigation due to strict Federal and
State laws and regulations regarding confidentiality.
(4) While the Congress recognizes the importance of maintaining the
confidentiality of records pertaining to child abuse, neglect, and death,
often the purpose of these confidentiality laws and regulations are defeated
when they end up protecting those responsible.
(5) Comprehensive and coordinated interagency communication needs to
be established, with adequate provisions to protect against the public
disclosure of any detrimental information need to be established.
(6) Certain States, such as Georgia, North Carolina, California, Missouri,
Arizona, Minnesota, Oklahoma, and Oregon have already taken the necessary
steps to establish by statute interagency, multidisciplinary fatality
review teams to fully investigate incidents of death believed to have been
caused by child abuse or neglect with great success. Such teams should be
established in every State and their scope of review should be expanded to
include egregious incidents of child abuse and neglect before the child in
question dies. These teams will increase the accountability of the child
protection service.

20216bbca71859d396ed4b7a1fd772561ee061082b14f3f80e2f5ac3929d086b

TITLE IV

-AMENDMENT TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

UNDER CHILD ABUSE PREVENTION AND TREATMENT ACT.
Section 107(b)(4) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106A(b)(4)) is amended to read as follows:
`(4) provide for--
`(A) methods to preserve the confidentiality of all records in order to
protect the rights of the child and of the child's parents or guardians,
including methods to ensure that disclosure (and redisclosure) of information
concerning child abuse or neglect involving specific individuals is made
only to persons or entities that the State determines have a need for such
information directly related to purposes of this Act; and
`(B) requirements for the prompt disclosure of all relevant information
to any Federal, State, or local governmental entity, or any agent of
such entity, with a need for such information in order to carry out its
responsibilities under law to protect children from abuse and neglect;'.

6d8506b3c8cc8e5929eec854fbd5aae794b98eaf8d6f4c03798041c7e2934adb

It is the sense of the Congress that each State should carry out detailed
review and reform of the system in the State for protecting against
child abuse and neglect, including implementing formal interagency,
multidisciplinary teams--
(1) to review all cases of child death where that child was previously
known by the State to have been abused or neglected and those incidents
of child abuse before the child dies where there is evidence of negligent
handling by the State in order to hold the State accountable; and
(2) to make final recommendations regarding the outcomes of individual
cases and systemic changes in the State's procedures for protecting against
child abuse and neglect.

ba3b69b055afe9ae0fa2c37af9ed7e4c80fb2c21345bcfba1f84066eba2fd932

(a) JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974- The Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is
amended--
(1) in sections 202(b), 202(d), and 241(e)(5) by striking `prescribed
for GS-18 of the General Schedule by section 5332' and inserting `payable
under section 5376', and
(2) in sections 201(b), 202(c), 204(b),  and 241(e)(6) by striking `this
Act' each place it appears and inserting `this title'.
(b) RUNAWAY AND HOMELESS YOUTH ACT- The Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.) is amended--
(1) in section 312(a) by striking `juveniles' each place it appears and
inserting `youth', and
(2) in section 383, as so redesignated by section 209(1)(B), by striking
`Act' and inserting `title'.

8859553de5b921961dc90f31d63891d00cc643eccb5e980eae9fee90a67a7088

TITLE V

-GENERAL PROVISIONS

(a) EFFECTIVE DATES- (1) Except as provided in paragraph (2) and subsection
(b), this Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act.
(2) The amendment made by section 108(a)(7) shall take effect on January
1, 1993.
(b) APPLICATION OF AMENDMENTS- The amendments made by this Act shall not
apply with respect to fiscal years beginning before October 1, 1992.
Passed the House of Representatives August 3, 1992.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 5194 CDS----2
HR 5194 CDS----3
HR 5194 CDS----4
HR 5194 CDS----5

d5eba1f955d7de9f91c1f58d80896a05c4f9bca8198bda0853be374acc90622d

Juvenile Justice and Delinquency Prevention Amendments of 1992 — HR. 5194

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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