An Act to assist elementary and secondary schools, community agencies and other public and nonprofit private agencies to prevent juvenile delinquency, and for other purposes
PL 92-381 (H.R.15635), enacted 08/14/1972

532 
PUBLIC LAW 92-381-AUG. 14, 1972 
[86 STAT. 
August 14, 1972 
[H. R. 15635] 
Juvenile Delin-
quency Preven-
tion and Control 
Act of 1968, 
amendment. 
82 Stat. 462; 
85 Stat. 84. 
42 u s e 3801 
note. 
Short title. 
Public Law 92-381 
AN ACT 
To assist elementary and secondary schools, community agencies, and other 
public and nonprotit private agencies to prevent juvenile delinquency, and for 
other purposes. 
Be it enacted "by the Senate and House of Representatives 
of the 
United States of America in Congress asse7nbted, That the Act entitled, 
"An Act to assist the courts, correctional systems, community agencies, 
and primary and secondary public school systems to prevent, treat, and 
control juvenile delinquency; to support research and training efforts 
in the prevention, treatment, and control of juvenile delinquency; and 
for other purposes", approved July 31, 1968, is amended to read as 
follows: "That this Act may be cited as the 'Juvenile Delinquency 
Prevention Act'. 
"FINDINGS AND PURPOSE 
"SEC. 2. The Congress finds that delinquency among youths consti-
tutes a national problem which can best be met by providing assist-
ance to and encouraging the coordination of efforts by public and 
nonprofit private agencies engaged in preventing juvenile deliquency. 
It is, therefore, the purpose of this Act to help States and local com-
munities in providing community based preventive services, includ-
ing diagnosis and treatment, to youths who are in danger of becoming 
delinquent, to provide assistance in the training of personnel employed 
or preparing for employment in occupations involving the provision 
of such services, and to provide technical assistance in such field. 
"TITLE I—PEEVEXTIVE SEKVICES 
u 
STATEMENT OF PURPOSE 
"SEC. 101. The purpose of this title is to assist States, local educa-
tional agencies, and other public and nonprofit private agencies to 
establish and carry out community-based programs, including pro-
grams in schools, for the prevention of delinquency in youths. 
u, 
GRANTS 
"SEC. 102. (a) The Secretary is authorized to make grants to, or 
contracts with, public or nonprofit private agencies to meet all or 
part of the cost of establishing or operating, including the cost of 
planning, programs designed to carry out the purposes of this title. 
"(b) (1) Grants and contracts under this title may b^ made only 
upon application to the Secretary by a public or nonprofit private 
agency, which contains or is accompanied by satisfactorv assurances 
that— 
"(A) steps have been or will be taken toward the provision, 
within a reasonable period of time, of a program of coordinated 
youth services in the area served which will make a substantial 
contribution toward the prevention of delinquency of youths, 
including the diagnosis and treatment of youths in danger of 
becoming delinquent; 
"(B) such applicant agency will make special efforts to assure 
that the services provided by the program will be available for 
youths with the most serious behavioral problems; 
"(C) (i) such applicant agency (if it is not a local educational 
agency) has consulted on its application with the local educational 
agencies and nonprofit private schools in the area to be served 
86 STAT. ] 
PUBLIC LAW 92-381-AUG. 14, 1972 
533 
and has adopted procedures to coordinate its program with 
related efforts being made by these agencies and schools; 
"(ii) such applicant agency will provide, to the extent feasible, 
for coordinating, on a continuing basis, its operations with the 
operations of other agencies and nonprofit private organizations 
furnishing welfare, education, health, mental health, recreation, 
job training, job placement, correction, and other basic services 
in the community for youths; 
"(D) such applicant agency will make reasonable efforts to 
secure or provide any Services which are necessary for diagnosing 
and treating youths in danger of becoming delinquent and which 
are not otherwise being provided in the community, or if being 
provided are not adequate to meet its needs; 
"(E) maximum use will bs made under the program of other 
Federal, State, or local resources available for the provision of 
such services; 
"(F) local educational agencies and other public and private 
agencies and organizations providing youth services in the geo-
graphic area to be served by the applicant will be consulted in 
the formulation by the applicant of the program, taking into 
account the services and expertise of such agencies and organiza-
tions, and with a view to adapting such services to the better 
fulfillment of the purposes of this title; 
"(G) in developing coordinated youth services, youth and 
public or private agencies, and organizations providing youth 
services within the geographic area to be sei-ved by the applicant 
will be given the opportunity to present their views to the appli-
cant with respect to such development; and 
"(H) the applicant agency will be responsible for organizing, 
maintaining, and facilitating accessibility to all available youth 
services. 
"(2) Such application shall contain such information as may be 
necessary to carry out the purposes of this title, including— 
" (A) a description of the services for youths who are in danger 
of becoming delinquent and which are available in the State or 
community ; 
"(B) a statement of the method or methods of linking the agen-
cies and organizations, public and private, providing these and 
other services, including local educational agencies and nonprofit 
private schools; 
" (C) the functions and services to be included; 
"(D) the procedures which will be established for protecting 
the rights, under Federal, State, and local law, of the recipient 
of youth services, and for insuring appropriate privacy with 
respect to records relating to such services, provided to any indi-
vidual under coordinated youth services developed by the appli-
cant ; 
"(E) the procedures which will be established for evaluation; 
and 
"(F) the strategy for phasing out support under this Act and 
the continuance of a proven program through other means. 
"USE OF FUNDS 
"SEC. 103. (a) Funds paid to any agency (whether directly or 
through a State agency) under this title may be used for— 
" (1) meeting the cost of securing or providing services designed 
to carry out the purposes of this title, but only to the extent and 
for the period reasonably necessary for the community to provide 
such services; and 
534 
PUBLIC LAW 92-381-AUG. 14, 1972 
[86 STAT. 
"(2) meeting not to exceed 50 per centum of tlie cost of con-
struction of community-based special purpose or innovative types 
of facilities which, in the judgment of the Secretary, are necessary 
for carrying out the purposes of this title, including community-
based special purpose or innovative (A) halfway houses for youths 
who because of special behavioral problems have a high risk of 
becoming delinquent; and (B) small, residential facilities for 
the diagnosis and treatment of youths who are in danger of becom-
ing delinquent. In developing plans for such facilities, due con-
sideration shall be given to excellence of architecture and design. 
''(b) No grant or contract may be made under this title with respect 
to any coordinated youth service system for a period of time exceeding 
three years, except that the Secretary may, in any case in which he 
determines that it would not be feasible for the coordinated youth 
service system to continue to function unassisted under this title, 
extend assistance for such additional years as he determines to be 
necessary. 
"CONSIDERATIONS FOR APPROVAL OF APPLICATIONS 
"SEC. 104. (a) In determining whether or not to approve applica-
tions for grants or contracts under this title, the Secretary shall con-
sider, in the State or community of the applicant— 
"(1) the relative costs and effectiveness of the program in 
effectuating the purposes of such title; 
"(2) the incidence of and rate of increase in youth offenses and 
juvenile delinquency; 
" (3) school dropout rates; 
"(4) the adequacy of existing facilities and services for carry-
ing out the purposes of such title; 
(5) the extent of comprehensive planning in the community 
for carrying out the purposes of such title; 
"(6) youth unemployment rates; 
"(7) the extent to which proposed programs incorporate new 
or innovative techniques within the State or community to carry 
out the purposes of such title; 
" (8) the extent to which the proposed programs will make effec-
tive use of the facilities and services of the appropriate local edu-
cational agencies; 
"(9) the extent to which the proposed programs incorporate 
participation of the parents of youths who are in danger of becom-
ing delinquent, as well as the participation of other adults who 
offer guidance or supervision to such youths; and 
"(10) the extent to which the proposed programs will be coor-
dinated with similar programs assisted under other Federal laws 
related to the purposes of this title. 
"(b) The Secretary, in making grants or contrac'^s under this title, 
shall give priority to applicants serving communities which exhibit 
to the highest degrees the factors listed in paragraphs (2), (3), and 
(6) of subsection (a). 
"TITLE I I — T R A I X I N C T 
"AUTHORIZATION 
"SEC. 201. The Secretary is authorized, with the concurrence of the 
Secretary of Labor, to make grants to, or contracts with, public or 
nonprofit private agencies for projects for the training of personnel 
employed in or preparing for employment in fields related to the 
diagnosis and treatment of youths who are in danger of becoming 
delinquent, and for the counseling or instruction of parents in the 
86 STAT. ] 
PUBLIC LAW 92-381-AUG. 14, 1972 
535 
impi'oving of parental instruction and supervision of youths who are 
in danger of becoming delinquent. Such projects shall include special 
programs which provide youths and adults with training for careei; 
opportunities, including new types of careers, in such fields. Such 
projects may include, among other things, development of courses of 
study and of interrelated curricula in schools, colleges, and universi-
ties, establishment of short-term institutes for training at such schools, 
colleges, and universities, inservice training and traineeships with such 
stipends, including allowances for travel and subsistence expenses, as 
the Secretary may determine to be necessary. 
"RECIPIEXTS AND CONDITIONS OF GRANTS AND CONTRACTS 
"SEC. 202. Such grants may be made to and such contracts may be 
made with any Federal, State, or local public agency or any nonprofit 
private agency; and to the extent he deems it appropriate, the Secre-
tary shall require the recipient of any such grant or contract to con-
tribute money, facilities, or services for carrying out the projects for 
which the grant or contract is made. 
"TITLE III—TECHNICAL ASSISTANCE AND 
INFORMATION SERVICES 
^'TECHNICAL ASSISTANCE 
"SEC. 301. The Secretary is authorized to cooperate with and, either 
directly or through grants to or contracts with any public agency or 
nonprofit private agency, render technical assistance to State, local, 
or other public or private agencies or organizations in matters relating 
to prevention of delinquency, and to provide short-term training and 
instruction of a technical nature with respect to such matters. Par-
ticular emphasis should be placed on providing technical assistance 
in the development of juvenile delinquency components or plans under 
title I. 
ii STATE ASSISTANCE TO LOCAL UNITS 
"SEC. 302. The Secretary is authorized to make grants to any State 
agency which is able and willing to provide technical assistance to 
local public agencies and nonprofit private agencies engaged in or 
preparing to engage in activities for which aid may be provided under 
this Act. No such grant may exceed 90 per centum of the cost of the 
activities of the State agency with respect to which such grant is made. 
"INFORMATION SERVICES 
"SEC. 303. The Secretary shall collect, evaluate, publish, and dissem-
inate information and materials relating to research and programs and 
projects conducted under this Act, and any other matters relating to 
prevention or treatment of delinquency, such information 
and 
materials to be for the general public and for agencies, organizations, 
and personnel engaged in programs concerning youths who are delin-
quent or in danger of becoming delinquent. 
"TITLE IV—ADMINISTRATION 
"PAYMENT PROCEDURE 
"SEC. 401. Payments of any grant or any contract under this Act 
may be made (after necessary adjustment on account of previously 
made overpayments or underpayments) in installments, and m advance 
or by way of reimbursement, as may be determined by the Secre-
Q
O nni
n . 73 - 37
536 
PUBLIC LAW 92-381-AUG. 14, 1972 
[86 STAT. 
tary, and shall be made on such conditions as he finds necessary to 
carry out the purposes for which the grant or contract is made. 
"APPROPRIATIONS 
"SEC. 402. There are authorized to be appropriated for grants and 
contracts under this Act, to the Department of Health, Education, 
and Welfare, $75,000,000 a year for the fiscal year 1973 and for the 
succeeding fiscal year. At least 80 per centum of the amount appropri-
ated for each such fiscal year shall be used for funding programs under 
title I, of which no more than 10 per centum may be used to meet costs 
of construction. 
"SEC. 403. (a) Payments pursuant to grants or contracts made 
under title I of this Act for any fiscal year with respect to activities in 
any one State may not exceed 12 per centum of the total of the funds 
available for such grants or contracts under such title for such fiscal 
year. 
"(b) Of the funds available for grants or contracts under title I for 
any fiscal year— 
"(1) $25,000 each shall be reserved for the Virgin Islands, 
Guam, American Samoa, and the Trust Territory of the Pacific 
Islands; and 
"(2) $100,000 shall be reserved for each other State; 
except that, if the Secretary determines, on the basis of the informa-
tion available to him on the last day of the ninth month of any fiscal 
year, that any portion of such $25,000 or $100,000 for any State will 
not be required for such grants or contracts under title I of this Act 
for such year, such portion shall be available for grants or con-
tracts under such title for such year with respect to activities in any 
other State (in the case of which such a determination has not been 
made). 
"LABOR STANDARDS 
"SEC. 404. It shall be a condition of any grant under this Act which 
is wholly or partially for construction that all laborers and mechanics 
employed by contractors oi- subcontractors on such construction shall 
be paid wages at rates not less than those prevailing on similar con-
struction in the locality as determined by the Secretary of Labor in 
accordance with the Davis-Bacon Act, as amended (40 IJ.S.C. 276a— 
49 Stat. 1011. 
276a-5). The Secretary of Labor shall have with respect to these labor 
standards the authority and functions set forth in Reorganization Plan 
5 use app. 
Numbered 14 of 1950 (15 P.R. 36; 64 Stat. 1267) and section 2 of the 
72"tau 967?' 
^^^^ ^^ ^^^"6 13,1934, as amended (40 U.S.C. 276c). 
••- • 
' . • . . 
, 
"EVALUATION 
"SEC. 405. (a) The Secretary shall provide for the continuing eval-
uation of the programs, projects, and other activities under this Act. 
including their effectiveness in achieving stated goals and their rela-
tionship to and impact on related Federal, State, and local activities. 
This evaluation shall include comparisons with proper control groups 
composed of persons who have not participated in programs under this 
Act. The results of such evaluations shall be included in the report 
Post, p. 537. 
required by section 409. 
"(b) In addition to funds otherwise available for evaluation, such 
portion of any appropriation under section 402 as the Secretary may 
determine, but not exceeding 1 per centum thereof, shall be available 
for evaluation by the Secretary (directly or by grants or contracts) of 
the activities for which such appropriation is made. 
86 STAT.] 
PUBLIC LAW 9 2 - 3 8 1 - A U G . 14, 1972 
537 
"JUDICIAL REVIEW 
"SEC. 406. In the case of action taken by the Secretary terminating 
or refusing to continue financial assistance pursuant to a grant or con-
tract under this Act to a grantee, such grantee may obtain judicial 
review of such action in accordance with chapter 7 of title 5 of the 
United States Code. 
l°r^'n''Jf^' 
"JOINT FUNDING 
"Sec. 407. Pursuant to regulations prescribed by the President, where 
funds are advanced for a single project by more than one Federal 
agency to an agency assisted under this Act, any one Federal agency 
may be designated to act for all in administering the funds advanced. 
In such cases, a single non-Federal share requirement may be estab-
lished according to the proportion of funds advanced by each Federal 
agency, and any such agency may waive any technical ^rant or contract 
requirement (as defined by such regulations) which is mconsistent with 
the similar requirements of the administering agency or which the 
administering agency does not impose. 
(( 
COORDINATION 
"SEC. 408. (a) In the administration of this Act, the Secretary shall 
limit assistance under this Act to programs and activities which are 
carried on outside of the juvenile justice system (which encompasses 
agencies such as the police, the courts, correctional institutions, deten-
tion homes, and probation and parole authorities), 
"(b) (1) There shall be estabished an Interdepartmental Council on njgntai'^co^ncii 
Juvenile Delinquency (hereinafter referred to as the 'Council') whose juvenile Deiin-
function shall be to coordinate all Federal juvenile delinquency quency, estab-
•' 
^ 
J 
lishment. 
programs. 
"(2) The Council shall be composed of the Attorney General, the 
Secretary, or their respective designees, and representatives of such 
other agencies as the President shall designate. 
"(3) The Chairman of the Council shall be appointed by the Presi-
dent. 
"(4) The Council shall meet a minimum of six times per year and 
the activities of the Council shall be included in the annual report 
as required by section 409 of this title. 
"ANNUAL REPORT 
"SEC. 409. Not later than one hundred and twenty days after the 
close of each fiscal year, the Interdepartmental Council, with the 
appropriate assistance and concurrence of other Federal agencies who 
are consulted and whose activities are coordinated under section 408 
shall prepare and submit to the President for transmittal to the Con-
gress a full and complete report on all Federal activities in the field of 
juvenile delinquency, youth development, and related fields. Such 
report shall include, but not be limited to— 
" (1) planning, program, and project activities conducted under 
this Act; 
"(2) the nature and results of technical assistance conducted 
under title I I I of this Act; 
"(3) the number and types of training projects, number of 
persons trained and in training, and job placement and other 
followup information on trainees and former trainees assisted 
under title I I of this Act; and 
" (4) steps taken and mechanisms and methods used to coordi-
nate and avoid duplication of Federal activities in the fields of 
538 
PUBLIC LAW 92-381-AUG. 14, 1972 
[86 STAT. 
juvenile delinquency, youth development, and related fields and 
., 
the effectiveness of such steps, mechanisms, and methods. 
"GENERAL PROVISIONS 
.;., 
..,.;. 
"SEC. 410. (a) Nothing in this Act shall be construed or applied in 
' •
> 
such a manner as to infringe upon or usurp the moral and legal rights 
and responsibilities of parents or guardians with respect to the moral, 
mental, emotional, or physical developnxent of their children. Xor 
shall any section of this Act be construed or applied in such a manner 
as to permit any invasion of privacy otherwise protected by law, or 
to abridge any legal remedies for any such invasion which is other-
wise provided by law. 
"(b) The Secretary is directed to establish appropriate pi-ocedures 
to insure that no child shall be the subject of any research or experi-
mentation under this Act other than routine testing and normal pro-
gram evaluation unless the parent or guardian of such child is 
informed of such research or experimentation and is given an oppor-
tunity as of right to except such child therefrom. 
"DEFINITIONS 
"SEC. 411. For purposes of this Act— 
"(1) The term'State'includes the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Trust Territory of the Pacific Islands. 
"(2) The term 'public agency' means a duly elected political body 
or a subdivision thereof and shall not be construed to include the Office 
of Economic Opportunity. Such term includes an Indian tribe. 
" (3) The term 'nonprofit private agency' means any accredited insti-
tution of higher education, and any other agency, organization, or 
institution no part of the net earnings of which inures, or may lawfully 
inure, to the benefit of any private shareholder or individual, or which 
is owned and operated by one or more such agencies, but only if such 
agency, organization, or institution was in existence at least two years 
before the date of an application under this Act. Such term shall not 
be construed to include the Office of Economic Opportunity. Partici-
pation by the Office of Economic Opportunity is expressly prohibited 
in administering this Act. 
"(5) The term 'Secretary' means the Secretary of Health, Educa-
tion, and Welfare. 
"(6) The term'construction" includes construction of new buildings 
and acquisition, expansion, remodeling, and alteration of existing 
buildings, and initial equipment of any such buildings, or any com-
bination of such activities (including architects' fees but not the cost 
of acquisition of land for new buildings). For the purposes of this 
paragraph, the term 'equipment' includes machinery, utilities, and 
built-in equipment and any necessai'y enclosures or structures to house 
them. 
"(7) The term 'youth services' means services which assist in the 
prevention of juvenile delinquency, including, but not limited to; 
individual and group counseling, family counseling, diagnostic serv-
ices, remedial education, tutoring, alternate schools (institutions 
which provide education to youths outside the regular or traditional 
school system), vocational testing and training, job development and 
placement, emergency shelters, halfway houses, health services, drug 
\ abuse programs, social, cultural, and recreational activities, the devel-
opment of paraprofessional or volunteer programs, community 
awareness programs, foster care and shelter care homes, and 
community-based treatment facilities or services. 
86 STAT. ] 
PUBLIC LAW 92-382-AUG. 14, 1972 
539 
"(8) The term 'coordinated youth services' means a comprehensive 
service delivery system, separate from the system of juvenile justice 
(which encompasses agencies such as the juvenile courts, law enforce-
ment agencies, and detention facilities) for providing youth services 
to an individual who is in danger of becoming delinauent and to his 
family in a manner designed to— 
"(a) facilitate accessibility to and utilization of all appropriate 
youth services provided within the geographic area served by such 
system by any public or private agency or organization, which 
desires to provide such services through such system; 
" (b) identify the need for youth services not currently provided 
in the geographic area covered by such system, and, where appro-
priate, provide such services through such system; 
"(c) make the most effective use of youth services in meeting the 
needs of young people who are in danger of becoming delinquent, 
and their families; 
"(d) use available resources efficiently and with a minimum of 
duplication in order to achieve the purposes of this Act; and 
"(e) identify the types and profiles of individual youths who are 
to be served by such a comprehensive system. 
"(9) The term 'local educational agency' means a public board of 
education or other public authority legally constituted within a State 
for either administrative control or direction of, or to perform a service 
function for, public elementary or secondary schools in a city, county, 
township, school district, or other political subdivision of a State, or 
such combination of school districts or counties as are recognized in a 
State as an administrative agency for its public elementary or sec-
ondary schools." 
SEC. 2. The title of such Act is amended to read as follows: "An Act 
to assist elementary and secondary schools, community agencies, and 
other public and nonprofit private agencies to prevent juvenile delin-
quency, and for other purposes." 
SEC. 3. The amendments made by sections 1 and 2 of this Act shall be 
effective July 1,1972. 
Approved August 14, 1972. 
Effective date. 
Public Law 92-382 
AN ACT 
l^o include lireflghters within the provisions of section 8336(c) of title 5, United 
States Code, relating to the retirement of Government employees engaged in' 
certain hazardous occupations. 
August 14, 1972 
[S. 916] 
Be it enacted hy the Seiuvte and House of Representatives 
of the, 
United States of America in Congress assemhled^ That the first sen-
tence of section 8336(c) of title 5, United States Code, is amended by 
inserting after "United States" the following: "or are primarily to 
perform work directly connected with the control and extmguishment 
of fires or the maintenance and use of firefighting apparatus and 
equipment". 
Approved August 14, 1972. 
Federal fire-
fighters. 
Early retirement, 
80 Stat. 571.