Incentive Grants for Local Delinquency Prevention Programs Act
PL 102-586 (H.R.5194), enacted 11/04/1992

106 STAT. 4982 
PUBLIC LAW 102-586—NOV. 4, 1992 
Public Law 102-586 
102d Congress 
An Act 
Nov. 4, 1992 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize 
[H.R. 5194] 
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, 
SECTION 1. FINDINGS AND DECLARATION OF PURPOSE. 
(a) FINDINGS.—Section 101(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended— 
(1) by redesignating paragraphs (2), (3), (4), (5), (6), (7), 
and (8) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respec-
tively; 
(2) by inserting after paragraph (1) the following new 
paragraphs: 
"(2) recent trends show aii upsurge in arrests of adolescents 
for murder, assault, and weapon use; 
"(3) the small number of youth who commit the most seri-
ous and violent ofienses are becoming more violent;"; 
(3) in paragraph (4), as redesignated by paragraph (1), 
by inserting "prosecutorial and public defender offices," after 
"juvenile courts,"; 
(4) by striking "and" at the end of paragraph (9), as redesig-
nated by paragraph (1); 
(5) by striking the period at the end of paragraph (10), 
as redesignated by paragraph (1), and inserting ";"; and 
(6) by adding at the end the following new paragraphs: 
"(11) emphasis should be placed on preventing youth from 
entering the juvenile justice system to begin with; and 
"(12) the incidence of juvenile delinquency can be reduced 
through public recreation programs and activities designed to 
provide youth with social skills, enhance self esteem, and 
encourage the constructive use of (Uscretionary time.". 
(b) PURPOSE.—Section 102 of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5602) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking "delinquencjr" and 
inserting "justice and delinquency prevention"; 
(B) in paragraph (2) by striking "agencies, institutions, 
and individuals in developing and implementing juvenile 
delinquency programs" and inserting "nonprofit juvenile 
justice and delinquency prevention programs"; 
(C) by striking "and" at the end of paragraph (7); 
(D) by redesignating paragraph (8) as paragraph (9); 
(E) by inserting aft«r paragraph (7) the following new 
paragraph: 
"(8) to strengthen families in which juvenile delinquency 
has been a problem;"; 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4983 
(F) by striking the period at the end of paragraph 
(9), as redesignated by subparagraph (D), and inserting 
a semicolon; and 
(G) by adding at the end the following new paragraphs: 
"(10) to assist State and local governments in improving 
the administration of justice and services for juveniles who 
enter the system; and 
"(11) to assist States and local communities to prevent 
youth from entering the justice system to begin with."; and 
(2) in subsection (b)— 
(A) by strilidng "maintaining and strengthening the 
family unit" and inserting "preserving and strengthening 
families"; 
(B) by striking "and (4)" and inserting "(4)"; and 
(C) by inserting "; (5) to encourage parental involve-
ment 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 before 
the period at the end. 
(c) DEFINITIONS.—Section 103 of the Juvenile Justice and Delin-
quency 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 sub-
ject 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 luider 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 seciu-e 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) by striking "and" at the end of paragraph (17); 
(3) by striking the period at the end of paragraph (18) 
and inserting a semicolon; and 
(4) by adding at the end the following new paragraphs: 
"(19) the term 'comprehensive and coordinated system of 
services' means a system that— 
"(A) ensures that services and funding for the preven-
tion and treatment of juvenile delinquency are consistent 
with policy goals of preserving families and providing 
106 STAT. 4984 
PUBLIC LAW 102-586—NOV. 4, 1992 
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 imique to the gender of the individual 
to whom such services are provided; 
"(21) the term 'home-based alternative services' means serv-
ices provided to a juvenile in the home of the juvenile as 
an alternative to incarcerating the juvenile, and includes home 
detention; 
"(22) the term 'jail or lockup for adults' means a locked 
facility that is used by a State, imit 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; and 
"(23) the term 'nonprofit organization' means an organiza-
^ 
tion described in section 501(cX3) of the Internal Revenue Code 
of 1986 that is exempt fi'om taxation under section 501(a) 
of the Internal Revenue Code of 1986.". 
SEC. 2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION. 
(a) OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVEN-
TION.—Section 201(b) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 (b)) is amended by amending 
the third sentence to read as follows: "The Administrator shall 
have the same reporting relationship with the Attorney General 
as the directors of other offices and bureaus within the Office 
of Justice Programs have.". 
(b) PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULT-
ANTS.—Section 202 of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5612) is amended— 
(1) in subsection (b) by striking "prescribes for GS-18 of 
the General Schedule by section 5332 and inserting "payable 
under section 5376"; 
(2) in subsection (c) by striking "Act" and inserting "title"; 
and 
(3) in subsection (d) by striking "prescribed for GS-18 
of the General Schedule by section 5332" and inserting "payable 
under section 5376". 
(c) CONCENTRATION OF EFFORT.—Section 204 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) 
is amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by inserting "(1)" after "(a)"; and 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4985 
(ii) 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 
(B) by adding at the end the following new paragraph: 
"(2XA) The plan described in paragraph (1) shtdl— 
"(i) contain specific goals and criteria for making grants 
and contracts, for conducting research, and for carrying out 
other activities under this title; and 
"(ii) provide for coordinating the administration programs 
and activities under this title with the administration of all 
other Federal juvenile deUnquency programs and activities, 
including proposals for joint funding to be coordinated by the 
Administrator. 
"(B) The Administrator shall review the plan described in para- Federal 
graph (1) annually, revise the plan as the Administrator considers pubif^tion 
appropriate, and publish the plan in the Federal Register— 
"(i) not later than 240 days after the date of enactment 
of this paragraph, 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."; 
(2) in subsection (b)— 
(A) by striking "and" at the end of paragraph (5); 
and 
(B) by striking the period at the end of paragraph 
(6) and inserting "; and"; 
(3) by adding at the end the following new paragraph: 
"(7) not later than 1 year after the date of the enactment 
of this paragraph, issue model standards for providing health 
care to incarcerated juveniles."; and 
(4) by striking subsections (f) and (g). 
(d) COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION.—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 Conmiunity Services" and all that follows through 
the period and inserting "the Administrator of the Office 
of Juvenile Justice and Delinquency Prevention, the 
Director of the Office of National Drug Control Policy, 
the Director of the ACTION Agency, the Commissioner 
of Immigration and Naturalization, such other officers of 
Federal agencies who hold significant decisionmaking 
authority as the President may designate, and individuals 
appointed imder 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 Coimcil 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. 
"(BXi) Three membetrs shall be appointed by the Specdcer of 
the House of Representatives, after consultation with the minority 
leader of the House of Representatives. 
106 STAT. 4986 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(ii) Three members shall be appointed by the mtgority leader 
of the Senate, after consultation with the minority leader of the 
Senate. 
President. 
"(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 first sentence by inserting "(in cooperation 
with State and local juvenile justice programs) all Federal 
programs and activities that detain or care for unaccom-
^ 
panied juveniles," after "delinquency programs"; 
(C) in the second sentence— 
(i) 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 
(ii) by inserting "and all Federal programs and 
activities that detain or care for unaccompanied juve-
niles" before the period; and 
(D) by adding at the end the following new paragraph: 
"(2) In addition to performing their functions as meml^rs of 
the Council, the members appointed under subsection (aX2) 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(aXl); and 
"(B) not later than 180 days after the date of the enactment 
of this paragraph, submit such recommendations to the 
Administrator, tne 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 "Members appointed under subsection 
(aX2) shall serve without compensation." after "(f)"; and 
(B) by striking "who are employed by the Federal 
Government full time". 
(e) ANNUAL REPORT.—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)" sifter "iuveniles"; and 
(B) by striking "and" at the end; 
(2) in subparagraph (E) by striking the period at the end 
and inserting ; and"; and 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4987 
(3) by adding at the end the following new subparagraph: 
"(F) the educational status of juveniles, including 
information 
relating to learning 
disabilities, 
failing 
performance, grade retention, and dropping out of school.". 
(f) FEDERAL ASSISTAIE^CE FOR STATE AND LOCAL PROGRAMS.— 
(1) AUTHORITY TO MAKE GRANTS AND CONTRACTS.—Section 
221(b)(2) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5613(bX2)) is amended— 
42 use 5631. 
(A) in the first sentence by striking "existence" and 
inserting "experience"; and 
(B) in the second sentence by striking "section 
291(cXl)''and inserting "section 299(cXl)". 
(2) ALLOCATION.—Section 222 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is 
amended— 
(A) by striking "allotted" each place it appears and 
inserting "allocated" and striking "allotment" each place 
it appears and inserting "allocation"; 
(B) in subsection (a)— 
(i) in paragraph (2XA)— 
(I) by striking "part D" and inserting "parts 
DandE"; 
(II) by inserting "or such greater amount, up 
to $400,000, as is available to be allocated without 
reducing the amount of any State or territory's 
allocation below the amount allocated for fiscal 
year 1992" after "$325,000,"; and 
(III) by inserting ", or such greater amount, 
up to $100,000, as is available to be allocated 
without reducing the amount of any State or terri-
tory's allocation below the amount allocated for 
fiscal year 1992," after "$75,000"; 
(ii) in paragraph (2XB)— 
(I) by inserting "or such greater amount, up 
to $600,000, as is available to be allocated if appro-
priations have been enacted and made available 
to carr}/' out parts D and E in the full amounts 
authorized by section 299(a) (1) and (3)" after 
"$400,000,"; and 
(II) by inserting ", or such greater amount, 
up to $100,000, as is available to be allocated 
without reducing the amount of any State or terri-
tory's allocation below the amount allocated for 
fiscal year 1992" after "$100,000"; and 
(iii) in paragraph (3) by striking "1988" each place 
it appears and inserting "1992"; and 
(C) in subsection (c)— 
(i) in the first sentence by striking "and evaluation" 
and inserting ", evaluation, and one full-time staff 
position"; and 
(ii) in the second sentence by striking "7V2 per 
centum" and inserting "10 percent". 
(3) STATE PLANS.—(A) Section 223 of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is 
amended— 
(i) in subsection (a)— 
106 STAT. 4988 
PUBLIC LAW 102-586—NOV. 4, 1992 
(I) in the second sentence by striking "programs, 
and the State" and inserting "programs and challenge 
activities subsequent to State participation in part E. 
The State"; 
(II) in paragraph (1) by striking "section 291(cXl)'' 
and inserting "section 299(cXir; 
(III) by amending paragraph (3) to read as follows: 
"(3) provide for an advisory group, which— 
"(A) shall consist of not less than 15 and not more 
than 33 members appointed by the chief executive officer 
of the State— 
"(i) which members have training, experience, or 
special knowledge concerning the prevention and treat-
ment of juvenile delinquency or tiie administration 
of 
juvenile justice; 
"(ii) which members include— 
"(I) at least 1 locally elected official represent-
ing general purpose local government; 
"(II) representatives of law enforcement and 
juvenile justice agencies, including juvenile and 
family court judges, prosecutors, counsel for chil-
dren and youUi, and probation workers; 
"(III) representatives of public agencies con-
cerned with delinquency prevention or treatment, 
such as welfare, social services, ment£d health, 
education, special education, recreation, and youth 
services; 
"(IV) representatives of private nonprofit 
organizations, including persons with a special 
focus on preserving and strengthening families, 
parent groups and parent self-help groups, youth 
development, delinquency prevention and treat-
ment, neglected or dependent children, the quality 
of juvenile justice, education, and social services 
for children; 
"(V) volunteers who work with delinquents or 
potential delinquents; 
'
^
C
V
I
) youth workers involved with programs 
that are alternatives to incarceration, including 
programs providing organized recreation activities; 
"(VII) persons with special experience and 
competence in addressing problems related to 
school violence and vandalism and alternatives to 
suspension and expulsion; and 
"(VIII) persons with special experience and 
competence in addressing problems related to 
learning disabilities, emotional difficulties, child 
V 
abuse and neglect, and youth violence; 
"(iii) a maiority of which members (including the 
chairperson) shall not be full-time employees of the 
Federal, State, or local government; 
"(iv) at least one-fifth of which members shall be 
under the age of 24 at the time of appointment; and 
"(v) at least 3 members who have been or are 
currently imder the jurisdiction of the juvenile justice 
S3rstem; 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4989 
"(B) shall participate in the development and review 
of the State's juvenile justice plan prior to submission 
to the supervisory board for final action; 
"(C) shall be afforded the opportunity to review and 
comment, not later than 30 days after their submission 
to the advisory group, on all juvenile justice and delin-
quency prevention grant applications submitted to the 
State agency designated under paragraph (1); 
"(D) shall, consistent with this title— 
"(i) advise the State agency designated imder para-
graph (1) and its supervisory board; 
"(ii) submit to the chief executive officer and the 
legislature of the State at least annually recommenda-
tions regarding State compliance with the require-
ments of paragraphs (12), (13), and (14) and with 
progress relating to challenge activities carried out 
pursuant to part E; and 
"(iii) contact and seek regular input from juveniles 
currently under the jurisdiction of the juvenile justice 
system; and 
"(E) may, consistent with this title— 
"(i) advise on State supervisory board and local 
criminal justice advisory board composition; 
"(ii) review progress and accomplishments of 
projects fimded under the State plan."; 
(IV) in paragraph (8)— 
(aa) by inserting "(A)" after "(8)"; 
(bb) by striking "(A) an" and inserting "(i) 
an"; 
(cc) by striking "(B)" and inserting "(ii)"; 
(dd) by striking "(C)" and inserting "(iii)"; 
(ee) by 
inserting 
"(including 
educational 
needs)" after "delinquency prevention needs" each 
place it appears; and 
(fiD by adding at the end the following new 
subparagraphs: 
"(B) contain— 
"(i) 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 
"(ii) a plan ibr providing needed gender-specific services 
for the prevention and treatment of juvenile delinquency; 
"(C) contain— 
"(i) an analysis of services for the prevention and treat-
ment of juvenile delinquency in rural areas, including the 
need for such services, the t3n[>es of such services available 
in rural areas, and geographically unique barriers to 
providing such services; and 
"(ii) a plan for providing needed services for the preven-
tion and treatment of juvenile delinquency in rural areas; 
and 
"(D) contain— 
"(i) an analysis of mental health services available 
to juveniles in the juvenile justice system (including an 
assessment of the appropriateness of the particular place-
106 STAT. 4990 
PUBLIC LAW 102-586—NOV. 4, 1992 
ments of juveniles in order to receive such services) and 
of 
barriers to access to such services; and 
"(ii) a plan for providing needed mental health services 
to juveniles in the juvenile justice system;"; 
(V) in paragraph (9) by inserting''recreation," after 
"special education,"; 
(VI) by amending paragraph (10) to read as follows: 
"(10) provide that not less than 75 percent of the funds 
available to the State under section 222, other than funds 
made available to the Stete advisory group under section 222(d), 
whether expended directly by the Stete, by the unit of general 
local government, or by a combination thereof, or through 
grante and contracte with public or private nonprofit agencies, 
shall be used for— 
"(A) community-based alternatives (including home-
based alternatives) to incarceration and institutionaliza-
tion, specifically— 
"(i) for youth who can remain at home with assist-
ance: home probation and programs providing profes-
sional supervised group activities or individualized 
mentoring relationships with adulte that involve the 
family and provide counseling and other supportive 
services; 
"(ii) for youth who need temporaiy placement: cri-
sis intervention, shelter, and after-care; and 
"(iii) for youth who need residential placement: 
a continuum of foster care or group home alternatives 
that provide access to a comprehensive array of 
services; 
"(B) commimity-based programs and services to work 
with— 
"(i) parente and other family members to 
strengthen families, including parent self-help groups, 
so that juveniles may be retained in their homes; 
"(ii) juveniles during their incarceration, and with 
their families, to ensure the safe return of such juve-
niles to their homes and to strengthen the families; 
and 
"(iii) parente with limited English-speaking ability, 
particularly in areas where there is a large population 
of families with limited-English speaking ability; 
"(C) comprehensive juvenile justice and delinquency 
prevention programs that meet the needs of youth through 
the collaboration of the many local systems before which 
a youth may appear, including schools, courte, law enforce-
ment agencies, child protection agencies, mental health 
agencies, welfare services, health care agencies, and private 
nonprofit agencies offering youth services; 
"(D) projecte designed to develop and implement pro-
grams stressing advocacy activities aimed at improving 
services for and protecting the rights of youth affected 
by the juvenile justice system; 
"(E) educational programs or supportive services for 
delinquent or other juveniles, provided equitebly regardless 
of sex, race, or family income, designed to— 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4991 
"(i) encourage juveniles to remain in elementary 
and secondiury sdiools or in alternative learning situa-
tions, including— 
"(I) education in settings that promote 
exi>eriential, individualized learning and explo-
ration of academic and career options; 
''(II) assistance in making the transition to 
the world of work and self-suffidency; 
"(III) alternatives to suspension and expulsion; 
and 
"(W) programs to counsel delinquent juveniles 
and other juveniles regarding the opportimities 
that education provides; and 
"(ii) enhance coordination with the local schools 
that such juveniles would otherwise attend, to ensure 
thal^ 
''(I) the instruction that juveniles receive out-
side school is closely aUgned with the instruction 
provided in school; and 
"(11) information regarding any learning prob-
lems identified in such alternative learning situa-
tions are communicated to the schools; 
"(F) expanded use of home probation and recruitment 
and training of home probation officers, other professional 
and paraprofessional personnel, and voliuiteers to work 
efiTectively to allow youth to remain at home with their 
families as sui alternative to incarceration or institu-
tionalization; 
"(G) youth-initiated outreach programs designed to 
assist youth (including youth with limited proficiency in 
English) who otherwise would not be reached by traditional 
youth assistance programs; 
"(H) programs designed to develop and implement 
projects relating to juvenile delin(]iuency and learning 
disabilities, including on-the-job traimng programs to assist 
community services, law enforcement, and juvenile justice 
personnel to more effectively recognize and provide for 
learning disabled and other handicapped youth; 
"(I) projects designed both to deter involvement in 
illegal activities and to promote involvement in lawful 
activities on the part of gangs whose membership is 
substantially composed of 
youth; 
"(J) programs and projects designed to provide for the 
treatment of youths' dependence on or abuse of alcohol 
or other addictive or nonaddictive drugs; 
"(K) law-related education programs (and projects) for 
delinquent and at-risk youth designed to prevent juvenile 
delinquency; 
"(L) programs for positive ^outh development that 
assist delinquent and other at-nsk youth in obtaining— 
"(i) a sense of safety and structure; 
"(ii) a sense of belonging and membership; 
"(iii) a sense of self-worth and social contribution; 
"(iv) a sense of independence and control over one's 
life; 
"(v) a sense of closeness in interpersonal relation-
ships; and 
106 STAT. 4992 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(vi) a sense of competence and mastery including 
health and physical competence, personal and socicu 
competence, cognitive and creative competence, voca-
tional competence, and citizenship competence, includ-
s • 
ing ethics and participation; 
"(M) programs that, in recognition of varying degrees 
of the seriousness of delinquent behavior and the cor-
responding gradations in the responses of the juvenile jus-
tice system in response to that behavior, are designed 
to— 
"(i) encourage courts to develop and implement 
a continuiun of post-adjudication restraints that bridge 
the gap between traditional probation and confinement 
-'* 
in a correctional setting (including expanded use of 
probation, mediation, restitution, community service, 
treatment, home detention, intensive supervision, elec-
tronic monitoring, boot camps and similar programs, 
and secure commimity-based treatment facilities linked 
to other support services such as health, mental health, 
education (remedial and special), job training, and 
recreation); and 
"(ii) assist in the provision by the provision by 
the Administrator of information and technical assist-
ance, including technology transfer, to States in the 
design and utilization of risk assessment mechanisms 
to aid juvenile justice personnel in determining appro-
priate sanctions for delinquent behavior; 
(N) programs designed to prevent and reduce hate 
crimes committed by juveniles, including educational pro-
grams and sentencing programs designed specifically for 
juveniles who commit hate crimes and that provide alter-
natives to incarceration; and 
"(O) programs (including referral to literacy programs 
and social service pro-ams) to assist families with limited 
English-speaking ability that include delinquent juveniles 
to overcome language and cultural barriers that may pre-
vent the complete treatment of such juveniles and the 
preservation of their families."; 
(VII) in paragraph (12XA) by inserting "or alien 
juveniles in custody," after "court orders,"; 
(VIII) in paragraph (13)— 
(aa) by striking "regular", and 
(bb) b:^ inserting before the semicolon at the 
end "or with the pcurt-time or full-time security 
stafiT (including management) or direct-care staff 
of a jail or lockup for adults"; 
(DC) in paragraph (14)— 
(aa) bv striking "; beginning after the five-
year period following December 8,1980,"; 
(bb) by striking "1993" and inserting "1997"; 
and 
(cc) by striking "areas which" and all that 
follows tmrough the end of the paragraph and 
inserting "areas that are in compliance with para-
graph (13) and— 
"(AXi) are outside a Standard Metropolitan Statistical 
Area; and 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4993 
"(ii) have no exiBting acceptable alternative placement 
available; 
*'(B) are located where conditions of distance to be 
traveled or the lack of highway, road, or other ground 
transportation do not allow for court appearances within 
24 hours, so that a brief (not to exceed 48 hours) delay 
is excusable; or 
"(C) are located where conditions of safely exist (such 
as severely adverse, life-threatening weather conditions 
that do not allow for reasonably safe travel), in which 
case the time for an appearance may be delayed until 
24 hours after the time that such conditions allow for 
reasonably safe travel;"; 
(X) by amending paragraph (16) to read as follows: 
"(16) provide assurance that youth in the juvenile justice 
system are treated equitably on the basis of gender, race, 
family income, and mentally, emotionally, or physically handi-
capping conditions;"; and 
(XI) in paragraph (17)— 
(aa) by strildng "and maintain the family 
units" and inserting "the families"; 
(bb) by striking "deliqueni^. Such" and insert-
ing "delinquency (which"; and 
(cc) by inserting "and the provision of family 
coimseling during the incarceration of juvenile 
family members and coordination of family services 
when appropriate and feasible)" before the 
semicolon; 
(Xn) by striking "and" at the end of paragraph 
(23); 
(Xni) by striking the period at the end of para-
graph (24) and inserting "; and"; and 
(XIV) by adding at the end the following new 
paragraph: 
"(25) provide an assurance that if the State receives under 
section 222 for any fiscal year an amount that exceeds 105 
percent of the cunount the State received under such section 
for fiscal year 1992, all of sudi excess shall be expended through 
or for programs that are part of a comprehensive and coordi-
nated community system of services."; and 
(ii) by amending subsection (c) to read as follows: 
"(cXl) Subject to paragraph (2), the Administrator shall approve 
any State plan and any modification thereof that meets the require-
ments of this section. 
"(2) Failure to achieve compliance with the subsection (aX12XA) 
requirement within the 3-year time limitation shall terminate any 
State's eligibility for funding under this part for a fiscal year begin-
ning before January 1, 1993, unless the Administrator determines 
that the State is in substantial compliance with the requirement, 
through achievement of deinstitutionalization of not less than 75 
percent of such juveniles or through removal of 100 percent of 
such juveniles firom secure correctional facilities, and has made, 
through appropriate executive or legislative action, an unequivocal 
conmiitment to achieving fiill compfiance within a reasonable time 
not exceeding 2 additional years. 
106 STAT. 4994 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(3) If a State fails to comply with the requirements of sub-
section (a), (12XA), (13), (14), or (23) in any fiscal year beginning 
after January 1,1993— 
"(A) subject to subparagraph (B), the amount allotted under 
section 222 to the State for that fiscal year shall be reduced 
by 25 percent for each such paragraph with respect to which 
noncompliance occurs; and 
"(B) the State shall be ineligible to receive any allotment 
under that section for such fiscal year unless— 
"(i) the State agrees to expend all the remaining fimds 
the State receives imder this part (excluding funds required 
to be expended to comply with section 222 (c) and (d) 
and with section 223(aX5XC)) for that 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 
ofthe Administrator, that the State— 
"(I) has achieved substantial compliance with each 
such paragraph with respect to which the State was 
not in compliance; and 
''(II) has made, through appropriate executive or 
legislative action, an unequivocal commitment to 
achieving full compliance Mdthin a reasonable time."; 
and 
(iii) in subsection (d)— 
(I) by inserting ", excluding funds the Adminis-
trator shall make available to satisfy the requirement 
specified in section 222(d),'' after "section 222(3)"; 
(II) by striking "the purposes of subsection 
(aX12XA), subsection (aX13), or subsection (aX14)" and 
inserting "activities ofthe kinds described in subsection 
. (a) (12XA), (13), (14) and (23)"; and 
(III) by striking "subsection (aX12XA) and sub-
section (aX13)" and inserting "subsection (a) (12XA), 
(13), (14) and (23)". 
42 use 5633 
- (B) Notwithstanding the amendment made by subpara-
"°*® 
graph (AXii), section 223(cX3) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(cX3)), as in 
effect on the day prior to the date of enactment of this Act, 
shall remain in effect to the extent that it provides the Adminis-
trator authority to grant a waiver with respect to a fiscal 
year prior to a fiscal year beginning before January 1, 1993. 
- 
(g) NATIONAL PROGRAMS.— 
(1) NATIONAL INSTITUTE F
O
R JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION.—Section 241(d) of the Juvenile Justice 
and Delinauency Prevention Act of 1974 (42 U.S.C. 5651(dX2)) 
is amended— 
(A) in subsection (d)— 
(i) by inserting "recreation and park personnel," 
after "special education personnel"; and 
(ii) by inserting "prosecutors and defense attor-
neys," after "probation personnel,"; and 
(B) in subsection (e)— 
(i) in paragraph (5) by striking "prescribed for 
GS-18 of the General Schedule by section 5332" and 
inserting "payable under section 5376"; euid 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4995 
(ii) in paragraph (6) by striking "Act" and inserting 
"title". 
(2) INFORMATION FUNCTION.—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". 
(3) 
RESEARCH, DEMONSTRATION, AND EVALUATION FUNC-
TIONS.—Section 243 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5653) is amended— 
(A) by striking "The" and inserting "(a) The"; 
(B) in paragraph (1) by striking "maint£dn the family 
unit" and inserting "preserve famiUes"; 
(C) by redesignating paragraphs (3), (4), (5), (6), (7), 
(8), and (9) as paragraphs (5), (6), (7), (8), (9), (10), and 
(11), respectively; 
(D) by inserting after paragraph (2) the following new 
paragraphs: 
(3) establish or expand programs that, in recognition of 
varying degrees of the seriousness of delinquent behavior and 
the corresponding gradations in the responses of the juvenile 
justice system in response to that behavior, are designed to— 
"(i) encourage courts to develop and implement a 
continuum of post-adjudication restraints that bridge the 
gap between traditional probation and confinement in a 
correctional setting (including expanded use of probation, 
mediation, restitution, community service, treatment, home 
detention, intensive supervision, electronic monitoring, boot 
camps and similar programs, and secure community-based 
treatment facilities linked to other support services such 
as health, mental health, education (remedial and special), 
job training, and recreation); and 
"(ii) assist in the provision by the Administrator of 
information and technical assistance, including technologv 
transfer, to States in the design and utilization of r i ^ 
assessment mechanisms to aid juvenile justice personnel 
in determining appropriate sanctions for 
delinquent 
behavior; 
"(4) Encourage the development of programs which, in addi-
tion to helping youth take responsibility for their behavior, 
take into consideration life experiences which may have contrib-
uted to their delinquency when developing intervention and 
treatment programs; 
"(5) encourage the development and establishment of pro-
grams to enhance the States' ability to identify chronic serious 
and violent juvenile offenders who commit crimes such as rape, 
murder, firearms offenses, gang-related crimes, violent felonies, 
and serious drug offenses;"; 
(E) in subparagraph (D) of paragraph (7), as redesig-
nated by subparagrapn (C), by inserting "(including the 
productive use of discretionary time through organized rec-
reational" after "lawful activities"; 
(F) by striking "and" at the end of paragraph (10), 
as redesignated by subparagraph (C); 
106 STAT. 4996 
PUBLIC LAW 102-586—NOV. 4, 1992 
(G) by striking the period at the end of paragraph 
(11), as redesignated by subparagraph (C), and inserting 
"; and"; and 
(H) by adding at the end the following new paragraphs 
and subsection: 
"(12) support independent and collaborative research, 
research training, and consultation on social, psychological, edu-
cational, economic, and legal issues affecting children and 
families; 
"(13) support research related to achieving a better imder-
standing 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 
"(14) 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 jus-
tice system, of juveniles who are status offenders, delin-
quent, neglected, or abused; and 
"(C) the processing and treatment of such juveniles 
who are treated as adults for purposes of the criminal 
justice system. 
Public 
"(b) The Administrator shall make available to the public— 
information. 
«Q) ^J^^ results of evaluations and research and demonstra-
tion activities referred to in subsection (aX8); and 
"(2) the data and studies referred to in subsection (aX9); 
that the Administrator is authorized to disseminate under sub-
section (a).". 
(3) TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.—Sec-
tion 244 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5664) is amended— 
(A) in paragraph (2) by inserting "(including juveniles 
who commit hate crimes)" after "offenders"; 
(B) in paragraph (3>— 
^ 
(i) by inserting "prosecutors and defense attor-
neys," after "judges"; 
(ii) by striking "and" at the end; 
(C) by striking the period at the end of paragraph 
(4) and inserting "; and"; and 
(D) by adding at the end the following new paragraph: 
"(5) provide technical assistance and training to assist 
States and imits of general local government to adopt the 
model standards issued under section 204(bX7).". 
(4) ESTABLISHMENT OF TRAINING PROGRAM.—Section 245 
of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5659) is amended in the first sentence by 
inserting ", including methods and techniques specifically 
designed to prevent and reduce the incidence of hate crimes 
committed by juveniles" before the period. 
(5) CURRICULUM FOR TRAINING PROGRAM.—Section 246 of 
the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5660) is amended in the second sentence by inserting 
"and shall include training designed to prevent juveniles from 
committing hate crimes" before tiie period. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4997 
(6) SPECIAL STUDIES AND REPORTS.—Section 248 of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5662) is amended— 
(A) by striking "(a) Not later than 1 year after the 
date" and inserting *\a) PURSUANT TO 1988 AMENDMENTS.— 
(1) Not later than 1 year aft«r the date"; 
(B) by striking "(1) to review" and inserting *
*
(
A
) to 
review^; 
(C) by striking "(A) conditions" and inserting "(i) condi-
tions"; 
(D) by striking "(B) the extent" and inserting **(ii) the 
extent"; 
(E) by striking "(2) to make" and inserting "(B) to 
make"* 
(F) by striking "(bXD Not later" and inserting "(2XA) 
Not later*; 
(G) by striking *
*
(
A
) how" and inserting "(i) how"; 
(H) by striking "(B) the amount" and inserting "(ii) 
the amount"; 
(I) by striking "(C) the extent" and inserting "(iii) the 
extent"; 
(J) by striking ''(2XA) for purposes" and inserting "(BXi) 
for purposes"; 
(K) by striking "(B) For purposes" and inserting "(ii) 
for purposes"; 
(L) by striking "(c) Not later" and inserting "(3) Not 
later"; 
(M) bv striking "subsection (a) or (b)" and inserting 
"paragraph (1) or (2)"; and 
(N) by adding at the end the following new subsection: 
"(b) PURSUANT TO 1992 AMENDMENTS.—(1) Not later than 1 
year after the date of enactment of this subsection, the Comptroller 
(jeneral shall— 
"(A) conduct a study with respect to juveniles waived to 
adult court that reviews— 
"(i) the frequency and extent to which juveniles have 
been transferred, certified, or waived to criminal court for 
prosecution during the 5-year period ending December 
1992; 
"(ii) conditions of confinement in adult detention and 
correctional faciUties for juveniles waived to adult court; 
and 
"(iii) sentencing patterns, comparing juveniles waived 
to adult court with juveniles who have committed similar 
offenses but have not been waived; and 
"(B) submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on the 
Judiciary of the Senate a report (including a compilation of 
State waiver statutes) on the finding made in the study and 
recommendations to improve conditions for juveniles waived 
to adult court. 
"(2) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller (jeneral shall— 
"(A) conduct a study with respect to admissions of 
juveniles 
for behavior disorders to private psychiatric hospitals, and to 
other residential and nonresidential programs that serve juve-
niles admitted for behavior disorders, that reviews— 
106 STAT. 4998 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(i) the frequency with which juveniles have been 
admitted to such hospitals and programs during the 5-
year period ending December 1992; and 
''(ii) conditions of confinement, the average length of 
stay, and methods of payment for the residential care of 
such juveniles; and 
"(B) submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on the 
Judiciary of the Senate a report on the findings made in the 
study and recommendations to improve procedural protections 
and conditions for juveniles with behavior disorders admitted 
to such hospitals and programs. 
**(3) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall— 
"(A) conduct a study of gender bias within State juvenile 
justice systems that reviews— 
"(i) the frequency with which females have been 
detained for status offenses (such as frequently running 
away, truancy, and sexual activity), as compared with the 
frequenQT with which males have been detained for such 
offenses diuing the 5-year period ending December 1992; 
and 
"(ii) the appropriateness of the placement and condi-
tions of confinement for females; and 
"(B) submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on the 
Judiciary of the Senate a report on the findings made in the 
study and recommendations to combat gender bias in juvenile 
justice and provide appropriate services for females who enter 
the juvenile justice system. 
"(4) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall— 
"(A) conduct a study of the Native American pass-through 
grant program authorized imder section 223(aX5XC) that 
reviews the cost-effectiveness of the funding formula utilized; 
and 
"(B) submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on the 
Judiciary of the Senate a report on the findings made in the 
study and recommendations to improve the Native American 
pass-through grant program. 
"(5) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall— 
"(A) conduct a study of access to counsel in juvenile court 
proceedings that reviews— 
"(i) the frequency with which £uid the extent to which 
juveniles in juvenile court proceedings either have waived 
counsel or have obtained access to counsel during the 
5-year period ending December 1992; and 
"(ii) a comparison of access to and the quaUty of counsel 
afforded juveniles charged in adult court proceedings with 
those of juveniles charged in juvenile court proceedings; 
and 
"(B) submit to Committee on Education and Labor of the 
House of Representatives and the Committee on the Judiciary 
of the Senate a report on the findings made in the study 
rural areas. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 4999 
and recommendations to improve access to counsel for juveniles 
in juvenile court proceediiogs. 
"(eXA) Not later than 180 days after the date of enactment H.l^^'ifill 
of this subsection, the Administrator shall b^in to conduct a study 
and continue any pending study of the incidence of violence commit-
ted by or against juveniles in urban and rural areas in the United 
States. 
'XB) The urban areas shall include— 
"(i) the District of Columbia; 
"(ii) Los Angeles, California; 
"(iii) Milwaukee, Wisconsin; 
**(iv) Denver, Colorado; 
"(v) Pittsburgh, Pennsylvania; 
"(vi) Rochester, New York; and 
"(vii) such other cities as the Administrator determines 
to be appropriate. 
"(C) At least one rural area shall be included. 
"(D) With respect to each urbfui and rural area included in 
the study, the objectives of the study shall be— 
"(i) to identify characteristics and patterns of behavior of 
juveniles who are at risk of becoming violent or victims of 
homicide; 
"(ii) to identify factors particularly indigenous to such area 
that contribute to violence committea by or against juveniles; 
"(iii) to determine the accessibility of firearms, and the 
use of 
firearms 
by or against juveniles; 
"(iv) to determine the conditions that cause any increase 
in violence committed by or against juveniles; 
"(v) to identify existing and new diversion, prevention, and 
control programs to ameliorate such conditions; 
"(vi) to improve current systems to prevent and control 
violence by or against juveniles; and 
"(vii) to develop a plan to assist State and local govern-
ments to establish viable ways to reduce homicide committed 
by or against juveniles. 
"(E) Not later than 3 ^ears after the date of enactment of 
this subsection, the Admimstrator shall submit a report to the 
Committee on Education and Labor of the House of Representatives 
and the Committee on the Judiciary of the Senate detailing the 
results of the study addressing each objective specified in subpara-
graph (D). 
"(TXA) Not later than 1 year afl^er the date of the enactment 
of this subsection, the Administrator shall— 
"(i) conduct a study described in subparagraph (B); and 
"(ii) 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 the study. 
"(B) The study required by subparagraph (A) shall assess— 
"(i) the characteristics of 
juveniles who commit hate crimes, 
including a profile of such juveniles based on— 
"(I) the motives for committing hate crimes; 
"(11) the age, sex, race, ethnicity, education level, local-
ity, and family income of such juveniles; and 
"(III) whether such juveniles are familiar with publica-
tions or organized groups that encourage the commission 
of hate crimes; 
106 STAT. 5000 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(ii) the characteristics of hate crimes committed by juve-
niles, including— 
"(I) the t3rpes of hate crimes committed; 
"(11) the frequency with which institutions and natural 
persons, separately determined, were the targets of such 
crimes; 
"(III) the number of persons who participated with 
juveniles in committing such crimes; 
"(IV) the types of law enforcement investigations con-
ducted with respect to such crimes; 
"(V) the law enforcement proceedings commenced 
against juveniles for committing hate crimes; and 
"(VI) the penalties imposed on such juveniles as a 
result of such proceedings; and 
"(iii) the characteristics of the victims of hate crimes 
committed by juveniles, including— 
"(I) the age, sex, race, ethnicity, locality of the victims 
and their familiarity with the offender; and 
"(II) the motivation behind the attack.". 
(7) AUTHORITY TO MAKE GRANTS AND CONTRACTS.—Section 
261 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5665) is amended— 
(A) in subsection (a)— 
(i) by striking "(a) The" and inserting "(a) Except 
as provided in subsection (f), the"; 
(ii) in paragraph (1) by inserting "(including home-
based treatment programs)" after "alternatives"; and 
(iii) by amending paragraph (3) to read as follows: 
"(3) Establishing or supporting advocacy programs and 
services that encourage the improvement of due process avail-
able to juveniles in the juvenile justice system and the quality 
of legal representation for such juveniles."; 
(iv) by redesignating paragraphs (4), (5), (6), and 
(7) as paragraphs (5), (6), (7), and (8), respectively; 
(v) by inserting after paragraph (3) the following 
new paragraph: 
"(4) Establishing or supporting programs stressing 
advocacy activities aimed at improving services to juveniles 
affected by the juvenile justice system, including services that 
provide for the appointment of special advocates by courts 
for such juveniles."; 
(vl) in paragraph (4), as redesignated by clause 
(iv)-
(I) by inserting "(including self-help programs 
for parents)" after "programs"; and 
(II) by inserting , including programs that 
work with families during the incarceration of 
juvenile family members and which take into 
consideration the special needs of families with 
Umited-English speaking ability" before the period 
at the end; 
(vii) in paragraph (7), as redesignated by clause 
(iv)-
(I) by striking the period at the end of sub-
chapter (C) and inserting a comma; and 
(II) by adding at the end the following: 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5001 
"that targets juveniles who have had contact with the 
juvenile justice system or who are likely to have contact 
with the system."; and 
(viii) by adding at the end the following new 
paragraph: 
"(9) Establishing or supporting programs designed to pre-
vent and to reduce the incidence of hate crimes 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 the offender of 
the efii^ of the hate crime on the victim; and 
"(iii) educating the 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."; and 
(B) in subsection (bX5) by inserting "community service 
personnel," after "law enforcement personnel,"; 
(C) in subsection (b)— 
(i) by striking "(b) The" and inserting "(b) Except 
as provided in subsection (f), the"; and 
(ii) in paragraph (2) by inserting "to assist in 
identifying learning difficulties (including learning 
disabilities)," after "schools,"; and 
(D) by adding at the end the following new subsection: 
"(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 Depart-
ment of Justice.". 
(h) CoNsroERATiONS F
O
R APPROVAL OF AppucATiONS.—Section 
262(d)(1) of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5665a(dXl)) is amended— 
(1) by amending subparagraph (B) to read as follows: 
"(B) The competitive process described in subparagraph (A) 
shall not be required if the Administrator makes a written deter-
mination waiving the competitive process— 
"(i) with respect 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 nugor disaster or emergency exists; 
or 
"(ii) with respect to a particular program described in part 
C that is uniquely qualified."; and 
(2) by striking subparagraph (C). 
(i) 
PREVENTION, INTERVENTION, AND TREATMENT PROGRAM 
RELATING TO JUVENILE GANGS AND DRUG ABUSE AND DRUG 
TRAFFICKING.—^Part D of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5667 et seq.) is amended 
to read as follows: 
106 STAT. 5002 
PUBLIC LAW 102-586—NOV. 4, 1992 
Grants. 
"PART D—GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-
BASED GANG INTERVENTION 
"Subpart I—Gang-Free Schools and Communities 
"AUTHORITY TO MAKE GRANTS AND CONTRACTS 
42 use 5667. 
«SEC. 281. (a) The Administrator shall make grants to or enter 
into contracts with public agencies (including local educational agen-
cies) and private nonprofit agencies, organizations, and institutions 
to establish and support programs and activities that involve fami-
lies 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 sMlls training and prepara-
tion for living independently, which shall include coopera-
tion with social services, welfare, and health care programs; 
"(B) education and social services designed to address 
> the social and developmental needs of juveniles which such 
{
'uveniles would otherwise seek to have met through mem-
)ership in gangs; 
"(C) crisis intervention and coimseling to juveniles, 
who are particularly at risk of gang involvement, and their 
families, including assistance from social service, welfare, 
health care, mental health, and substance abuse prevention 
and treatment agencies where necessary; 
"(D) the organization of neighborhood and community 
groups to work closely with parents, schools, law enforce-
ment, and other public and private agencies in the commu-
nity; and 
"(E) training and assistance to adults who have signifi-
cant 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 correc-
tional systems new and innovative means to address the 
problems of juveniles convicted of serious drug-related and 
gang-related offenses. 
"(3) To target elementary school students, with the purpose 
of steering students away from gang involvement. 
"(4) To provide treatment to juveniles who are members 
of such gangs, including members who are accused of commit-
ting a serious crime and members who have been abjudicated 
as being delinquent. 
"(5) To promote the involvement of juveniles in lawful 
activities in geographical areas in which gangs commit crimes. 
"(6) To promote and support, with the cooperation of 
• 
community-based organizations experienced in providing serv-
ices 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. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5003 
"(7) To assist juveniles who are or mav become members 
of gangs to obtain appropriate educational instruction, in or 
outside a regular school program, including the provision of 
coimseling and other services to promote and support the 
continued participation of such juveniles in such instructional 
programs. 
"(8) 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. 
"(9) To provide services to prevent juveniles from coming 
into contact with the juvenile justice system again as a result 
of gang-related activity. 
"(10) To provide services authorized in this section at a 
special location in a school or housing project. 
"(11) To support activities to imorm juveniles of the avail-
ability of treatment and services for which financial assistance 
is available imder this subpart. 
"(b) From not more than 15 percent of the amoimt appropriated 
to carry out this part in each nscal 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 APPUCATIONS 
"SEC. 281A. (a) Any agency, organization, or institution desiring 42 use 5667-1. 
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 Adminis-
trator, each application submitted imder 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 adminis-
tered by or imder the supervision of the applicant; 
"(3) provide for the proper and emcient 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 imder chapter 1 of subtitle 
106 STAT. 5004 
PUBLIC LAW 102-586—NOV. 4, 1992 
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 plan-
ning agency to review and comment on such application and 
summarizes the responses of such State planning agency to 
such request; 
Reports. 
"(g) provide that regular reports on such program or activ-
ity shall be sent to the Administrator and to such State plan-
ning agency; and 
"(9) provide for such fiscal control and fund accounting 
procedures as may be necessary to ensure prudent use, proper 
disbursement, ana accurate accounting of funds received under 
this subpart. 
"(c) In reviewing appUcations for grants and contracts imder 
section 
281(a), 
the 
Administrator 
shall 
give 
priority 
to 
applications— 
"(1) submitted by, or substantially involving, local edu-
cational 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 commit-
ted by gangs whose membership is composed primarily of juve-
niles 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 non-
profit agencies, organizations, and institutions located in 
such geographical area; and 
*
*
(
B
) will substantially involve the families of juvenile 
gang members in canying out such programs or activities. 
"Subpart II—Community-Based Gang Intervention 
42 use 5667a. 
«SEC. 282. (a) The Administrator shall make grants to or enter 
into contracts with public and private nonprofit agencies, organiza-
tions, 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, emplo3rment, and 
social service agencies; and 
"(B) commimity-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; and 
"(4) to support programs that, in recognition of varying 
degrees of the seriousness of delinquent behavior and the cor-
responding gradations in the responses of the iuvenile justice 
system in response to that behavior, are designed to— 
"(A) encourage courts to develop and implement a 
continuum of post-adjudication restraints that bridge the 
gap between traditional probation and confinement in a 
correctional setting (including expanded use of probation, 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5005 
mediation, restitution, community service, treatment, home 
detention, intensive supervision, electronic monitoring, boot 
camps and similar programs, and secure community-based 
treatment facilities linked to other support services such 
as healUi, mental health, education (remedial and special), 
job training, and recreation); and 
"(B) assist in the provision by the provision by the 
Administrator of information and technical assistance, 
including technology transfer, to States in the design and 
utilization of risk assessment mechanisms to aid juvenile 
justice personnel in determining appropriate sanctions for 
delinquent behavior, 
"(b) Programs and activities for which grants and contracts 
are to be made imder subsection (a) may include— 
"(1) developing witliin the juvenile adjudicatory and correc-
tional systems new and innovative means to address the prob-
lems 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 commit-
ting a serious crime and members who have been abjudicated 
as being delinquent; 
"(3) promoting the iinvolvement of 
juveniles in lawful activi-
ties in geographical areias 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 uie Controlled Substances Act 
(21 U.S.CIJ. 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 avail-
ability of treatment and services for which financial assistance 
is available under this subpart. 
"APPROVAL OF APPLICATIONS 
"SEC. 282A (a) Any agency, organization, or institution desiring 42 use 5667a-i. 
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 iniormation as the Administrator may prescribe. 
"(b) In accordance with Adelines established by the Adminis-
trator, each application submitted under subsection (a) shall— 
"(1) set forth a program or activity for canying out one 
or more of the purposes specified in section 282 and specifically 
identify each such purpose such program or activity is designed 
to carry out; 
"(2) provide that such program or activity shall be adminis-
tered by or imder the supervision of the applicant; 
"(3) provide for the proper and emcient administration 
of such program or activity; 
"(4) provide for regular evaluation of such program or 
activity; 
106 STAT. 5006 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(5) provide an assurance that the proposed program or 
activity will supplement, not supplant, similar programs and 
activities already available in the commimity; 
"(6) describe how such program or activity is coordinated 
with programs, activities, and services available locally imder 
parts B or C of this title, £ind 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 plan-
ning agency to review and comment on such application and 
summarizes the responses of such State planning agency to 
such request; 
Reports. 
"(8) provide that regular reports on such program or activ-
ity shall be sent to the Administrator and to such State plan-
ning 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 imder 
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, conmiunity-
based organizations experienced in providing services to 
juveniles; 
"(2) based on the incidence and severity of crimes commit-
ted by gangs whose membership is composed primarily of 
juve-
niles in the geographical area m 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 non-
profit agencies, organizations, and institutions located in 
such geographical area; and 
"(B) win substantially involve the families of juvenile 
gang members in carrying out such programs or activities. 
"Subpart III—General Provisions 
"DEFmrnoN 
42 use 5667b. 
"SEC. 283. For purposes of this part, the term juvenile' means 
an individual who is less than 22 years of age.". 
(i) ADDITIONAL PARTS IN TITLE II.—(1) Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 
et seq.) is amended— 
42 use prec. 
(A) by redesignating part E as part I; 
^^'^1 
(B) by redesignating sections 291, 292, 293, 294, 295, and 
42 use 
296 as sections 299, 299A, 299B, 299C, 299D, and 299E, respec-
5671-5676. 
tj^giy. ^ j 
(C) by inserting after part D the following new parts: 
"PARTE—STATE CHALLENGE ACTIVITIES 
"ESTABLISHMENT OF PROGRAM 
42 use 5667c. 
"SEC. 285. (a) IN GENERAL.—The Administrator may make a 
grant to a State that receives an allocation under section 222, 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5007 
in the amount of 10 percent of the amoimt of the allocation, for 
each challenge activity in which the State participates for the 
purpose of funding the activity. 
"(b) DEFINITIONS.—For purposes of this part— 
"(1) the term 'case review system' means a procedure for 
ensuring that— 
"(A) each youth has a case plan, based on the use 
of objective criteria for determining a youth's danger to 
the commiinity or himself or herself, that is designed to 
achieve appropriate placement in the least restrictive and 
most family-like setting available in close proximity to 
the parents' home, consistent with the best interests and 
special needs of the youth; 
"(B) the status of each youth is reviewed periodically 
but not less frequently than once every 3 months, by a 
court or by administrative review, in order to determine 
the continuing necessity for and appropriateness of the 
placement; 
"(C) with respect to each youth, procedural safeguards 
will be applied to ensure that a dispositional hearing is 
held to consider the future status of each youth under 
State supervision, in a juvenile or family court or another 
court (including a tribal court) of competent jurisdiction, 
or by an administrative body appointed or approved by 
the court, not later than 12 months after the original 
placement of the youth and periodically thereafter during 
the continuation of out-of-home placement; and 
"(D) a youth's health, mental health, and education 
record is reviewed and updated periodically; and 
"(2) the term 'challenge activity means a program main-
tained for 1 of the following purposes: 
"(A) Developing and adopting policies and programs 
to provide basic health, mental health, and appropriate 
education services, including special education, for youth 
in the juvenile justice system as specified in standsirds 
developed by the National Advisory Committee for Juvenile 
Justice and Delinquency Prevention prior to October 12, 
1984. 
"(B) Developing and adopting policies and programs 
to provide access to counsel for all juveniles in the justice 
system to ensure that juveniles consult with counsel before 
waiving the right to counsel. 
"(C) Increasing community-based alternatives to incar-
ceration by establishing programs (such as expanded use 
of probation, mediation, restitution, community service, 
treatment, home detention, intensive supervision, and elec-
tronic monitoring) and developing and adopting a set of 
objective criteria for the appropriate placement of juveniles 
in detention and secure confinement. 
"(D) Developing and adopting policies and programs 
to provide secure settings for the placement of violent juve-
nile offenders by closing down traditional training schools 
and replacing them with secure settings with capacities 
of no more than 50 violent juvenile offenders with ratios 
of staff to youth great enough to ensure adequate super-
vision and treatment. 
59-194 O—93 
15 : QL 3 (Pt. e) 
106 STAT. 5008 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(E) Developing and adopting policies to prohibit gen-
der bias in placement and treatment and establishing pro-
grams to ensure that female youth have access to the 
full range of health and mental health services, treatment 
for physical or sexual assault and abuse, self defense 
instruction, education in parenting, education in general, 
and other training and vocational services. 
"(F) Establisning and operating, either directly or by 
contract or arrangement with a public agency or other 
appropriate private nonprofit organization (other than an 
agency or organization that is responsible for licensing 
or certifying out-of-home care services for youth), a State 
ombudsman office for children, youth, and families to inves-
tigate and resolve complaints relating to action, inaction, 
or decisions of providers of out-of-home care to children 
and youth (including secure detention and correctional 
facilities, residential care facilities, public agencies, and 
social service agencies) that may adversely affect the 
health, safety, welfare, or rights of resident children and 
youth. 
"(G) Developing and adopting policies and programs 
designed to remove, where appropriate, status ofiTenders 
from the jurisdiction of the juvenile court to prevent the 
placement in secure detention facilities or secure correc-
tional facilities of juveniles who are nonoffenders or who 
are charged with or who have committed offenses that 
would not be criminal if committed by an adult. 
"(H) Developing and adopting policies and programs 
designed to serve as alternatives to suspension and expul-
sion from school. 
"(I) Increasing aftercare services for juveniles involved 
in the justice system by establishing programs and develop-
ing and adopting policies to provide comprehensive health, 
mental health, education, and vocational services and serv-
ices that preserve and strengthen the families of such 
juveniles. 
"(J) Developing and adopting policies to establish— 
"(i) a State administrative structure to coordinate 
program and fiscal policies for children who have emo-
tional and behavioral problems and their families 
among the major child serving systems, including 
schools, social services, health services, mental health 
services, and the juvenile justice system; and 
"(ii) a statewide case review system, 
"PART F—TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICJTIMS 
OF CHILD ABUSE OR NEGLECT 
"DEFINITION 
42 use 5667d. 
"SEC. 287. For the purposes of this part, the term 'juvenile' 
means a person who is less tnan 18 years of age. 
"AUTHORITY TO MAKE GRANTS 
42 use 5667d-i. 
"SEC. 287A. The Administrator, in consultation with the Sec-
retory of Health and Human Services, shall make grants to public 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5009 
and nonprofit private organizations to develop, establish, and sup-
port projects that— 
"(1) provide treatment to juvenile offenders who are victims 
of child abuse or neglect and to their families so as to reduce 
the likelihood that the juvenile offenders will commit subse-
quent violations of law; 
"(2) based on the best interests of juvenile offenders who 
receive treatment for child abuse or neglect, provide transitional 
services (including individual, group, and family coiinseling) 
to juvenile offenders— 
"(A) to strengthen the relationships of juvenile offend-
ers with their families and encourage the resolution of 
intrafamily problems related to the abuse or neglect; 
"(B) to facilitate their alternative placement; and 
"(C) to prepare juveniles aged 16 years and older to 
live independently; and 
"(3) carry out research (including surveys of existing transi-
tional services, identification of exemplary treatment modali-
ties, and evaluation of treatment and transitional services) 
provided with grants made under this section. 
"ADMINISTRATIVE REQUIREMENTS 
"SEC. 287B. The Administrator shall administer this part sub- 42 use 5667d-2. 
ject to the requirements of sections 262, 299B, and 299E. 
"PRIORITY 
"SEC. 287C. In making grants under section 287A, the 42 USC 5667d-3. 
Administrator— 
"(1) shall give priority to applicants that have experience 
in treating juveniles who are victims of child abuse or neglect; 
and 
"(2) may not disapprove an application solely because the 
applicant proposes to provide treatment or transitional services 
to juveniles who are adjudicated to be delinquent for having 
committed offenses that are not serious crimes. 
"PART G—^MENTORING 
"PURPOSES 
"SEC. 288. The purposes of this part are— 
"(1) to reduce juvenile delinquency and gang participation; 
"(2) to improve academic performance; and 
"(3) to reduce the dropout rate, 
through the use of mentors for at-risk youth. 
"DEFINITIONS 
"SEC. 288A. For purposes of this part— 
"(1) the term at-risk youth' means a youth at risk of 
educational failure or dropping out of school or involvement 
in delinquent activities; and 
"(2) the term 'mentor* means a person who works with 
an at-risk youth on a one-to-one basis, establishing a supportive 
relationship with the youth and providing the youth with aca-
demic assistance and exposure to new experiences that enhance 
the youth's ability to become a responsible citizen. 
42 u s e 5667e. 
42 u s e 5667e-l. 
106 STAT. 5010 
PUBLIC LAW 102-586—NOV. 4, 1992 
"GRANTS 
42 use 5667e-2. 
"SEC. 288B. The Administrator shall, by making grants to 
and entering into contracts with local educational agencies (each 
of which agency shall be in partnership with a public or private 
agency, institution, or business), establish and support programs 
and activities for the purpose of implementing mentoring programs 
that^ 
"(1) are designed to link at-risk children, particularly chil-
dren hving in high crime areas and children experiencing edu-
cational failure, with responsible adults such as law eitTorce-
ment officers, persons working with local businesses, and adults 
working for community-based organizations and agencies; and 
"(2) are intended to achieve 1 or more of the following 
goals: 
"(A) Provide general guidance to at-risk youth. 
"(B) Promote personal and social responsibility among 
at-risk youth. 
"(C) Increase at-risk youth's participation in and 
enhance their ability to benefit from elementary and 
secondary education. 
''(D) Discourage at-risk youth's use of illegal drugs, 
violence, and dangerous weapons, and other criminal 
activity. 
"(E) Discourage involvement of at-risk youth in gangs. 
"(F) Encourage at-risk youth's participation in commu-
nity service and community activities. 
"REGULATIONS AND GUIDELINES 
42 use 5667e-3. 
«SEC. 288C. (a) REGULATIONS.—The Administrator, after con-
sultation with the Secretary of Health and Human Services, the 
Secretary of Education, and the Secretary of Labor, shall promul-
gate regulations to implement this part. 
"(b) GUIDELINES.—^The Administrator shall develop and distrib-
ute to program participants specific model guidelines for the screen-
ing of prospective program mentors. 
"USE OF GRANTS 
42 use 5667e-4. 
"SEC. 288D. (a) PERMITTED USES.—Grants awarded pursuant 
to this part shall be used to implement mentoring programs, 
including— 
"(1) hiring of mentoring coordinators and support stafT; 
"(2) recruitment, screening, and training of adult mentors; 
"(3) reimbursement of mentors for reasonable incidental 
expenditures such as transportation that are directly associated 
with mentoring; and 
"(4) such other purposes as the Administrator may reason-
ably prescribe by regulation. 
"(b) PROHIBITED USES.—Grants awarded pursuant to this part 
shall not be used— 
"(1) to directly compensate mentors, except as provided 
pursuant to subsection (aX3); 
"(2) to obtain educational or other materials or equipment 
that would otherwise be used in the ordinary course of the 
grantee's operations; 
"(3) to support litigation of any kind; or 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5011 
"(4) for any other purpose reasonably prohibited by the 
Administrator by regulation. 
"PRIORITY 
"SEC. 288E. (a) IN GENERAL.—In making grants under this Grants. 
part, the Administrator shall give priority lor awarding grants "
^
^ ^^^ 5667e-5. 
to applicants that— 
"(1) serve at-risk youth in high crime areas; 
"(2) have 60 percent or more of their youth eligible to 
receive fimds under chapter 1 of the Elementary and Secondary 
Education Act of 1965; and 
"(3) have a considerable nimiber of youth who drop out 
of school each year. 
"(b) OTHER CONSIDERATIONS.—In making grants under this 
part, the Administrator shall give consideration to— 
"(1) the geographic distribution (urban and rural) of 
applications; 
"(2) the quality of a mentoring plan, including— 
"(A) the resources, if any, that will be dedicated to 
providing participating youth with opportunities for job 
training or postsecondary education; ana 
"(B) the degree to which parents, teachers, community-
based organizations, and the local community participate 
in the design and implementation of the mentoring plan; 
and 
"(3) the capability of the applicant to effectively implement 
the mentoring plan. 
"APPLICATIONS 
"SEC. 288F. An appHcation for assistance under this part shall 42 use 5667e-6. 
include— 
"(1) information on the youth expected to be served by 
the program; 
"(2) a provision for a mechanism for matching youth with 
mentors based on the needs of the youth; 
"(3) an assurance that no mentor will be assigned to more 
than one youth, so as to ensure a one-to-one relationship; 
"(4) an assurance that projects operated in secondary 
schools will provide youth with a variety of experiences and 
support, including— 
"(A) an opportunity to spend time in a work envi-
ronment and, when possible, participate in the work 
environment; 
"(B) an opportunity to witness the job skills that will 
be required for youth to obtain emplo3rment upon gradua-
tion; 
"(C) assistance with homework assignments; and 
"(D) exposure to experiences that youth might not 
otherwise encounter; 
"(5) an assiu-ance that projects operated in elementary 
schools will provide youth with— 
"(A) academic assistance; 
"(B) exposure to new experiences and activities that 
youth might not encounter on their own; and 
"(C) emotional support; 
106 STAT. 5012 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(6) an assurance that projects will be monitored to ensure 
that each youth benefits from a mentor relationship, with provi-
sion for a new mentor assignment if the relationship is not 
beneficial to the youth; 
"(7) the method by which mentors and youth will be 
recruited to the project; 
"(8) the method by which prospective mentors will be 
screened; and 
"(9) the training that will be provided to mentors. 
"
G
R
A
N
T CYCLES 
42 use 5667e-7. 
«SEC. 288G. Grants under this part shall be made for 3-year 
periods. 
"REPORTS 
42 use 5667e-8. 
«SEC. 288H. Not later than 120 days after the completion 
of the first cycle of grants under this part, the Administrator 
shall submit to Congress a report regarding the success and 
efiiectiveness of the grant program in reducing juvenile delinquency 
and gang participation, improving academic performance, and 
reducing the dropout rate. 
TART H—BOOT CAMPS 
"ESTABUSHMENT OF PROGRAM 
42use5667f. 
«SEC. 289. (a) IN GENERAL.—The Administrator may make 
grants to the appropriate agencies of 1 or more States for the 
purpose of estabUshing up to 10 military-style boot camps for juve-
nile delinquents (referred to as 'boot camps'). 
"(b) LOCATION.—(1) The boot camps shall be located on existing 
or closed military installations on sites to be chosen by the agencies 
in one or more States, or in other facilities designated by the 
agencies on such sites, after consultation with the Secretary of 
Defense, if appropriate, and the Administrator. 
"(2) The Administrator shall— 
"(A) try to achieve to the extent possible equitable 
geographic oistribution in approving boot camp sites; and 
"(B) give priority to grants where more than one State 
enters into formal cooperative arrangements to jointly admin-
ister a boot camp; and 
"(c) REGIMEN.—^llie boot camps shall provide— 
"(1) a highly regiment^ schedule of discipline, physical 
training, work, drill, and ceremony characteristic of military 
basic training; 
"(2) regular, remedial, special, and vocational education; 
and 
"(3) counseling and treatment for substance abuse and 
other health and mental health problems. 
"CAPACITY 
42 use 5667f-i. 
«SEC. 289A Each boot camp shall be designed to accommodate 
between 150 and 250 juveniles for such time as the grant recipient 
agency deems to be appropriate. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5013 
"ELIGIBILITY AND PLACEMENT 
"SEC. 289B. (a) ELIGIBILITY.—A person shall be eligible for 42 use 5667f-2. 
assignment to a boot camp if he or she— 
"(1) is considered to be a juvenile under the laws of the 
State of 
jurisdiction; and 
"(2) has been abjudicated to be delinquent in the State 
of jurisdiction or, upon approval of the court, voluntarily agrees 
to 
the boot 
camp 
assignment 
without 
a 
delinquency 
adjudication. 
"(b) PLACEMENT.—^Prior to being placed in a boot camp, an 
assessment of a juvenile shall be performed to determine that— 
"(1) the boot camp is the least restrictive environment 
that is appropriate for the juvenile considering the seriousness 
of the juvenile's delinquent behavior and the juvenile's treat-
ment need; and 
"(2) the juvenile is physically and emotionally capable of 
participating in the boot camp regimen. 
"POST-RELEASE SUPERVISION 
"SEC. 289C. A State that seeks to establish a boot camp, or 
participate in the joint administration of a boot camp, shall submit 
to the Administrator a plan describing— 
"(1) the provisions that the State will make for the contin-
ued supervision of 
juveniles following release; and 
"(2) provisions for educational and vocational training, drug 
or other counseling and treatment, and other support services. 
42 u s e 5667f-3. 
"PART I—WHITE HOUSE CONFERENCE ON JUVENILE JUSTICE 
"SEC. 291. (a) IN GENERAL.—^The President may call and con-
duct a National White House Conference on Juvenile Justice 
(referred to as the 'Conference') in accordance with this part. 
"(b) PURPOSES OF CONFERENCE.—The purposes of the Con-
ference shall be— 
"(1) to increase public awareness of the problems of juvenile 
offenders and the juvenile justice system; 
"(2) to examine the status of minors currently in the juve-
nile and adult justice svstems; 
"(3) to examine the increasing number of violent crimes 
committed by juveniles; 
"(4) to examine the growing phenomena of youth gangs, 
including the nimiber of young women who are involved; 
"(5) to assemble persons involved in policies and programs 
related to juvenile delinquency prevention and juvenile justice 
enforcement; 
"(6) to examine the need for improving services for girls 
in the juvenile justice system; 
"(7) to create a forum in which persons and organizations 
from diverse regions may share information regarding successes 
and failures of policy in their juvenile justice and juvenile 
delinquency prevention programs; and 
"(8) to develop such specific and comprehensive rec-
ommendations for executive and legislative action as may be 
appropriate to address the problems of juvenile deUnquency 
and juvenile justice. 
42 use 5667g. 
106 STAT. 5014 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(c) SCHEDULE OF CONFERENCES.—The Conference under this 
part shall be concluded not later than 18 months after tiie date 
of enactment of this part. 
"(d) PRIOR STATE AND REGIONAL CONFERENCES.— 
"(1) IN GENERAL.—^Participants in the Conference and other 
interested persons and organizations may conduct conferences 
and other activities at the State and regional levels prior to 
the date of the Conference, subject to the approval of the 
executive director of the Conference. 
"(2) PURPOSE OF STATE AND REGIONAL CONFERENCES.—State 
and regional conferences and activities shall be directed toward 
the consideration of the purposes of this part. State conferences 
shall elect delegates to the >fational Conferences. 
**(3) ADMITTANCE.—^No person involved in administering 
State juvenile justice programs or in providing services to or 
advocacy of juvenile offenders may be denied admission to 
a State or regional conference. 
"CONFERENCE PARTICIPANTS 
42USC5667g-i. 
«SEC. 291A. (a) IN GENERAL.—The Conference shaU bring 
together persons concerned with issues and programs, both pubUc 
and private, relating to juvenile justice, and juvenile delinquency 
prevention. 
"(b) SELECTION.— 
"(1) STATE CONFERENCES.—^Delegates, including alternates, 
to the National Conference shall be elected by participants 
at the State conferences. 
"(2) DELEGATES.—(A) In addition to delegates elected 
pursuant to paragraph (1)— 
"(i) each Governor may appoint 1 delegate and 1 
alternate; 
"(ii) the mcgority leader of the Senate, in consultation 
with the minority leader, may appoint 10 delegates and 
3 alternates; 
"(iii) the SpecJcer of the House of Representatives, in 
consultation with the minority leader, may appoint 10 dele-
gates and 3 alternates; 
"(iv) the President may appoint 20 delegates and 5 
alternates; 
"(v) the chief law enforcement official and the chief 
juvenile corrections official of each State may appoint 1 
delegate and 1 alternate each; and 
(vi) the Chairperson of the Juvenile Justice and Delin-
quency Prevention Advisory Committee of each State, or 
his or her designate, may appoint 1 delegate. 
"(B) Only persons involved m administering State juvenile 
justice programs or in providing services to or advocacy of 
juvenile offenders shall be eligible for appointment as a 
delegate. 
"(c) PARTICIPANT EXPENSES.—Each participant in the Con-
ference shall be responsible for his or her expenses related to 
attending the Conference and shall not be reimbursed from funds 
appropriated pursuant to this Act. 
"(d) No f^ES.—^No fee may be imposed on a person who attends 
a Conference except a registration fee of not to exceed $10. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5015 
"STAFF AND EXECUTIVE BRANCH 
"SEC. 291B. (a) IN GENERAL.—The President may appoint and 42 use 5667g-2. 
compensate an executive director of the National White House 
Conference on Juvenile Justice and such other directors and pnerson-
nel for the Conference as the President may deem to he advisable, 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and without 
regard to the provisions of chapter 51 and subchapter III of chapter 
53 of that title relating to classification and Ueneral Schedule 
pay rates. The staff of the Conference may not exceed 20, including 
the executive director. 
"(b) DETAILEES.—^Upon request by the executive director, the 
heads of the executive and militcuy departments may detail employ-
ees to work with the executive director in planning and administer-
ing the Conference without regard to section 3341 of title 5, United 
States Code. 
"PLANNING AND ADMINISTRATION OF CONFERENCE 
"SEC. 291C. (a) FEDERAL AGENCY SUPPORT.—All Federal depart- 42 use 5667g-3. 
ments, agencies, and instrumentalities shall provide such support 
and assistance as may be necessary to facilitate the planning and 
administration of the Conference. 
"Ot)) DUTIES OF THE EXECUTIVE DIRECTOR.—In carrying out 
this part, the executive director of the White House Conference 
on Juvenile Justice— 
"(1) shall provide such assistance as may be necessary 
for the organization and conduct of conferences at the State 
and regional levels authorized by section 291(d); 
"(2) may enter into contracts and agreements with public 
and private agencies and organizations and academic institu-
tions to assist m carrying out this part; and 
"(3) shall prepare and provide background materials for 
use by participants in the Conference and by participante in 
Stete and regional conferences. 
"REPORTS 
"SEC. 291D. (a) IN GENERAL.—Not later than 6 months after 42 use 5667g-4. 
the date on which a National Conference is convened, a final report 
of the Conference shall be submitted to the President and the 
Congress. 
(b) CONTENTS.—^A report described in subsection (a)— 
"(1) shall include the findings and recommendations of 
the Conference and proposals for any legislative action nec-
essary to implement the recommendations of the Conference; 
and 
"(2) shall be made available to the public. 
Public 
information. 
OVERSIGHT 
"SEC. 291E. The Administrator shall report to the Congress 42 use 5667g-5. 
annually during the 3-vear period following tiie submission of the 
final report of a Conference on the stetus and implementotion 
of the findings and reconunendations of the Conference. . 
(2) REPEALER.—Subtitle G of title II of the Crime Control 
Act of 1990 (42 U.S.C. 13051 et seq.) is repealed effective 
September 30,1993. 
Termination 
date. 
106 STAT. 5016 
PUBLIC LAW 102-586—NOV. 4, 1992 
42 use 5671. 
(j) GENERAL AND ADMINISTRATIVE PROVISIONS.—Section 299 of 
the Juvenile Justice and Delinquency Prevention Act of 1974, as 
redesignated by subsection (g), is amended— 
(1) by amending subsection (a) to read as follows: 
''(aXl) To carry out the piuposes of this title (other than parts 
D, £, F, G, H, and I) there €
U
*
e authorized to be appropriated 
$150,000,000 for fiscal years 1993, 1994, 1995, and 1996. Funds 
appropriated for any 
fiscal 
year shall remain available for obligation 
until expended. 
"(2)(A) Subject to subparagraph (B), to carry out part D, there 
are authorized to be appropriated— 
**(i) to carry out subpart 1, $25,000,000 for fiscal year 
1993 and such sums as are necessary for fiscal years 1994, 
1995, and 1996; and 
"(ii) to carry out subpart 2, $25,000,000 for fiscal year 
1993 and such sums as are necessary for fiscal years 1994, 
1995, and 1996. 
"(B) No fimds may be appropriated to cany out part D, E, 
F, G, or I of this title or title V or VI for a fiscal year unless 
the aggregate amount appropriated to carry out this title (other 
than part D, E, F, G, or I of this title or title V or VI) for 
the fiscal year is not less than the aggregate amount appropriated 
to carry out this title (other than part D, E, F, G, or I of this 
title or title V or VI) for the preceding 
fiscal 
year. 
''(3) To carry out part E, there are authorized to be appropriated 
$50,000,000 for fiscal year 1993 and such sums as are necessary 
for each of the 
fiscal 
years 1994,1995, and 1996. 
''(4XA) Subject to subparagraph (B), there are authorized to 
be appropriated to carry out part F— 
"(i) $15,000,000 for 
fiscal 
year 1993; and 
"(ii) such sums as are necessary for fiscal years 1994, 
1995, and 1996. 
"(B) No amount is authorized to be appropriated for a fiscal 
year to carry out part F unless the aggregate amount appropriated 
to carry out this title for that fiscal year is not less than the 
aggregate amount appropriated to carry out this title for the preced-
ing 
fiscal 
year. 
"(C) From the amount appropriated to carry out part F in 
a fiscal year, the Administrator shall use— 
"(i) not less than 85 percent to make grants for treatment 
and transitional services; 
"(ii) not to exceed 10 percent for grants for research; and 
"(iii) not to exceed 5 percent for salaries and expenses 
of the Office of Juvenile Justice and Delinquency Prevention 
related to administering part F. 
''(5XA) Subject to subparagraph (B), there are authorized to 
be appropriated to carry out part G such sums as are necessary 
for 
fiscal 
years 1993,1994,1995, and 1996. 
"(6XA) There are authorized to be appropriated to carry out 
part H such sums as are necessary for fiscal year 1993, to remain 
available until expended, of which— 
"(i) not more than $12,500,000 shall be used to convert 
any 1 closed military base or to modify any 1 existing military 
base or other designated facility to a boot camp; and 
"(ii) not more than $2,500,000 shall be used to operate 
any 1 boot camp during a 
fiscal 
year. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5017 
"(B) No amount is authorized to be appropriated for a fiscal 
year to carry out part H unless the aggregate amount appropriated 
to carry out parts A, B, and C of this title for that fiscal ye£u: 
is not less than 120 percent of the aggregate amount appropriated 
to carry out those parts for fiscal year 1992. 
''(7XA) There are authorized to be appropriated such simis 
as are necessary for each National Conference and associated State 
and regional conferences imder part I, to remain available until 
expended. 
"(B) New spending authority or authority to enter into contracts 
under part I shall be effective only to such extent and in such 
amounts as are provided in advance in appropriation Acts. 
"(C) No fimds appropriated to carry out this Act shall be made 
available to carry out p ^ I other than fiinds appropriated specifi-
cally for the purpose of conducting the Conference. 
"(D) Any fiinds remaining unexpended at the termination of 
the Conference under part I, including submission of the report 
pursuant to section 291D, shall be returned to the Treasury of 
the United States and credited as miscellaneous receipts."; and 
(2) by adding at the end the following new subsection: 
"(e) Of such sums as are appropriated to carry out section 
261(aX6), not less than 20 percent shall be reserved by the Adminis-
trator for each of fiscal years 1993, 1994, 1995, and 1996, for 
not less than 2 programs that have not received fimds under subpart 
II of part C prior to October 1, 1992, which shall be selected 
through the application and approval process set forth in section 
262.". 
SEC. 3. RUNAWAY AND HOMELESS YOUTH. 
(a) FINDINGS.—Section 302 of the Juvenile Justice and DeUn-
quency Prevention Act of 1974 (42 U.S.C. 5701) is amended— 
(1) by amending paragraph (1) to read as follows: 
"(1) juveniles who have become homeless or 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 commu-
nities in which they congregate;"; 
(2) by striking "and" at the end of paragraph (4); 
(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 £md 
the law enforcement system;" and 
(4) by adding at the end the following new paragraphs: 
"(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 and therefore may 
need access to longer periods of residential care, more intensive 
afi^rcare service, and other assistance; 
"(7) to make a successful transition to adulthood, runaway 
youth, homeless youth, and other street youth need opportuni-
ties to complete high school or earn a general equivalency 
degree, learn job skills, and obtain employment; 
106 STAT. 5018 
PUBLIC LAW 102-586—NOV. 4, 1992 
"(8) in view of the interstate nature of the problem, it 
is the responsibility of the Federal Government to develop 
an accurate national reporting system and to develop an effec-
tive system of care including prevention, emergency shelter 
services, and longer residential care outside the public welfare 
and law enforcement structures; 
"(9) early intervention services (such as home-based serv-
ices) are needed to prevent runaway and homeless youth from 
becoming involved in the juvenile justice system and other 
law enforcement systems; and 
"(10) street-based services that target nmaway and home-
less youth where they congregate are needed to reach youth 
who require assistance but who would not otherwise avail them-
selves of such assistance or services without street-based out-
reach.". 
(b) AuTHORiry To MAKE GRANTS.— 
(1) AUTHORITY.—Section 311(a) of the Runaway and Home-
less 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". 
(2) ALLOTMENT OF FUNDS.—Section 311(b) of the Runaway 
and Homeless Youth Act (42 U.S.C. 5711(b)) is amended— 
(A) in paragraph (.2)— 
(i) by striking "$75,000" and inserting "$100,000"; 
and 
(ii) by striking "$30,000" and inserting "$45,000"; 
and 
(B) in paragraph (3) by striking "1988" each place 
it appears and inserting "1992". 
(3) STREET-BASED SERVICES; HOME-BASED SERVICES.—Sec-
tion 311 of the Juvenile Justice and Delinquency Prevention 
42 use 5711. 
Act of 1974 (42 U.S.C. 5633) is amended by striking subsection 
(c) and inserting the following: 
"(cXD If for a fiscal year the amount appropriated under section 
385(aXl) exceeds $50,000,000, the Secretary may make grants 
under this subsection for that fisctd ^ear to entities that receive 
grants under subsection (a) to establish and operate street-based 
service projects for runawav and homeless youth. 
"(2) For purposes of this part, the term 'street-based services' 
includes— 
"(i) street-based crisis intervention and counseling; 
"(ii) information £ind referral for housing; 
"(iii) information and referral for transitional living and 
health care services; and 
"(iv) advocacy, education, and prevention services for— 
"(I) alcohol and drug abuse; 
"(II) sexually transmitted diseases including HIV/AIDS 
infection; and 
"(III) physical and sexual assault. 
"(dXD If for a nscal year the amount appropriated under section 
385(aXl) exceeds $50,000,000, the Secretary may make grants for 
that 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— 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5019 
"(A) the term liome-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; 
"(11) training relating to life skills and parenting; 
and 
"(III) other services; 
designed to prevent youth from running away from their fami-
lies or to cause runaway youth 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; and 
"(iiXI) who has a history of running away from the 
family of such individual; 
"(II) whose parent, guardi£in, or custodian is not willing 
to provide for the basic needs of such individual; or 
"(III) 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.". 
(c) ELIGIBILITY.—Section 312 of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5712) is amended— 
(1) in subsection (a) by striking "facility providing" and 
inserting "project (including a host family home) that provides"; 
and 
(2) in subsection (b)— 
(A) by amending paragraph (2) to read as follows: 
"(2) shall use such assistance to establish, to strengthen, 
or to fiuid a runaway and homeless youth center, or a locally 
controlled facility providing temporary shelter, that has— 
"(A) a maximum capacity of not more than 20 youth; 
and 
"(B) a ratio of staff to youth that is sufficient to ensure 
, --
adequate supervision and treatment;"; 
(B) in paragraph (3)— 
(i) by striking "child's parents or relatives and 
assuring" and inserting "parents or other relatives of 
the youth and ensuring"; and 
(ii) by striking "child" each place it appears and 
inserting "youth"; 
(C) by amending paragraph (4) to read as follows: 
"(4) shall develop an adequate plan for ensiuing— 
"(A) proper relations with law enforcement personnel, 
health and mental health care personnel, social service 
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 those schools; 
and 
"(C) the return of runaway and homeless youth from 
correctional institutions;"; 
(D) in paragraph (5)--
106 STAT. 5020 
PUBLIC LAW 102-586—NOV. 4, 1992 
(i) by striking ''aftercare" and all that follows 
through "assuring" and inserting "providing counseling 
and ^tercare services to such youth, for encoiu-aging 
the involvement of their parents or legal guardians 
in counseling, and for ensuring; and 
(ii) by striking "childreir and inserting "youth"; 
(E) in paragraph (6) by striking "children and family 
members wnich it serves" and inserting '^outh and family 
members whom it serves (including youth who are not 
referred to out-of-home shelter services) , 
(F) by redesignating paragraphs (6), (7), (8), (9), and 
(10) as paragraphs (7), (8), (9), (10), and (11), respectively; 
(G) by inserting after paragraph (5) the following new 
paragraph: 
"(6) shall develop an adequate plan for establishing or 
coordinating with outreach programs designed to attract per-
sons (including, where applicable, persons who are members 
of a cultural minority and persons with limited abiUty to speak 
English) who are eligible to receive services for which a grant 
imder subsection (a) may be expended;"; and 
(H) by adding at the end the following new subsections: 
"(c) To be eligible for assistance under section 311(c), an 
appUcant shall propose to estoblish, strengthen, or fund a street-
based service project for runaway and homeless youth and shall 
submit to the Secretary a plan in which the applicant agrees, 
as part of the project— 
"(1) to provide qualified supervision of staff, including on-
street supervision by appropriately trained staff; 
"(2) to provide backup personnel for on-street staff; 
"(3) to provide informational and health educational mate-
rial to runaway and homeless youth in need of services; 
"(4) to provide initial and periodic training of staff who 
provide services under the project; 
"(5) to cany out outreach activities for runaway and home-
less youth and to collect stotistical information on runaway 
and homeless youth contocted through such activities; 
"(6) to develop referral relationships with agencies and 
organizations that provide services or assistance to runaway 
and homeless youth, including law enforcement, education, 
social services, vocational education and training, public wel-
fare, legal assistance, mental health and health care; 
Repo>^- 
"(7) to submit to the Secretary an annual report that 
includes information regarding the activities carried out with 
funds received under section 311(c), Uie achievements of the 
project under section 311(c) carried out by the applicant, and 
statistical summaries describing the number and the character-
istics of the runaway and homeless youth 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 subsection 311(c); 
Records. 
"(10) to keep adequate stotistical records that profile run-
away and homeless youth whom it serves and not to disclose 
the identity of such youth in reports or other documents based 
on such stotistical records; 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5021 
"(11) not to disclose records maintained on an individual Privacy. 
runaway and homeless youth without the informed consent 
of the youth, to any person other than an agency compiling 
statistical records; and 
"(12) to provide to the Secretary such other information 
as the Secretaiy 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 familv 
separation and shall submit to the Secretary a plan in which 
the applicant agrees, as part of the project— 
"(1) to provide counseling and information services needed 
by runaway youth, youth at risk of family separation, and 
the family (including imrelated individuals in the family house-
hold) of such youth, including services relating to basic life 
skills, interpersonal skill building, educational advancement, 
job attainment skills, mental and physical health c€u:e, 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 mate-
rial 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 the 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 
sep€Lration 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 stcdf who 
provide services under the project; 
"(8) to submit to the Secretary an annual report that Reports. 
includes information regarding the activities carried out with 
funds under section 311(d), uie achievements of the project 
imder this part carried out by the applicant and statistical 
summaries describing the number and the characteristics of 
the nmaway 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 incvured in the year for 
which the applicant requests a grant under section 311(d); 
106 STAT. 5022 
PUBLIC LAW 102-586—NOV. 4, 1992 
^<^°''ds. 
**(11) to keep adeqiiate statistical records that profile run-
away youth and youth at risk of family separation whom it 
serves and not to disclose the identity of such youth in reports 
or other docimients based on such statistical records; 
Privacy. 
"(12) not to disclose records maintained on an individual 
runaway youth or youth at risk of family separation witiiout 
the informed consent of the youth, to any person other than 
an agency compiling statistical records; and 
"(13) to provide to the Secretary such other information 
as the Secretary may reasonably require.". 
(d) APPROVAL BY SECRETARY.—Section 316 of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C. 5713) is 
amended— 
(1) in the first sentence by striking "section 311(a)'' each 
place it appears and inserting "section 311 (a), (c), or (d)"; 
and 
(2) in the second sentence by striking "$150,000" and insert-
ing "$200,000". 
(e) GRANTS TO PRIVATE ENTITIES; STAFFING.—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 "imder this title" 
before the period. 
(f) TRANSITIONAL LIVING GRANT PROGRAM.—Section 322(a) of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5714-2(a)) is amended— 
(1) in paragraph (1) by inserting "which shall include money 
management, budgeting, consumer education, and use of credit" 
aft«r nbasic life skflls"; 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". 
(g) NATIONAL COMMUNICATION SYSTEM; STREET-BASED SERV-
ICES PROGRAM; HOME-BASED SERVICES PROGRAM; COORDINATING 
ACTIVITIES.— 
(1) ADDITIONAL PARTS.^The Runaway and Homeless Youth 
Act (42 U.S.C. 5701 et seq.) is amended— 
(A) in part D— 
42 use prec. 
(i) by Striking "PART D" and inserting "PART F"; 
5715. 
and 
(ii) by redesignating sections 361, 362, 363, 364, 
42 use 5715, 
and 366 as sections 381 through 385, respectively; 
5716.5731,5732. 
(B) in part C -
42 use prec. 
(i) by striking "PART C" and inserting "PART E"; 
5714a. 
and 
42 use 5714a, 
(jj) by redesignating sections 341 and 342 as sec-
^^^^°: 
tions 371 and 372, respectively; and 
(C) by inserting aft»r part B the following new parts: 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5023 
"PART C—NATIONAL COMMUNICATIONS SYSTEM 
"AUTHORITY TO MAKE GRANTS 
"SEC. 331. With funds reserved under section 385(aX3), the 42 USC 5714-11. 
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 nmaway and homeless youth. 
"PART D—COORDINATING, TRAINING, RESEARCH, AND OTHER 
AcnvrriES 
"COORDINATION 
"SEC. 341. With respect to matters relating to the health, edu- 42 use 5714-21. 
cation, employment, ana 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 F
O
R TECHNICAL ASSISTANCE AND TRAINING 
"SEC. 342. The Secretary may make grants to statewide and 42 USC 5714-22. 
regional nonprofit organizations (and combinations of such organiza-
tions) to provide technical assistance and training to public and 
private entities (and combinations of such entities) that are eligible 
to receive grants imder this title, for the purpose of carrying out 
the programs, projects, or activities for which such grants are 
made. 
"AUTHORITY T
O M
A
K
E GRANTS F
O
R RESEARCH, DEMONSTRATION, AND 
SERVICE PROJECTS 
"SEC. 343. (a) The Secretary may make grants to States, local- 42 USC 5714-23. 
ities, 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 luider subsection 
(a), the Secretary shall give special consideration to proposed 
projects relating to— 
"(1) youth who repeatedly leave and remain away from 
their homes; 
"(2) home-based and street-based services for, and outreach 
to, runaway youth anid 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) staff training in— 
"(A) the behavioral and emotional effects of sexual 
abuse and assault; 
106 STAT. 5024 
PUBLIC LAW 102-586—NOV. 4, 1992 
**(B) responding to youth who are showing effects of 
sexual abuse and assault; and 
**(C) agency-wide strategies for working with runawav 
and homeless youth who have been sexually victimized; 
"(7) innovative methods of developing resources that 
enhance the establishment or operation of runaway and home-
less youth centers; 
(8) training for runaway youth and homeless youth, and 
staff tr£uning, related to preventing and obtaining treatment 
for infection by the human immunodeficiency virus (HIV); 
"(9) increasing access to health care (including mental 
health care) for runaway youth and homeless youth; and 
'*(10) 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 appncants who have experi-
ence working with runaway youth or homeless youth. 
"TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO 
YOUTH IN RURAL AREAS 
42 use 5714-24. 
«SEC. 344. (aXD With funds appropriated under section 385(c), 
the Secretary may make |;rants on a competitive basis to States, 
localities, and private entities (and combinations of such entities) 
to provide services (including transportation) authorized to be pro-
vided under part A, to runaway and homeless youth in rural areas. 
"(2XA) 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 to carry out projects in not fewer than 10 
States. 
"(C) Not more than 2 grants may be made imder 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 receiye 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 Sec-
retary may require by rule; and 
"(2) propose to carry out such project in a geographical 
area that— 
"(A) has a population under 20,000; 
"(B) is located outside a Standard Metropolitan Statis-
tic£d Area; and 
"(C) agree to provide to the Secretary an annual report 
identifying— 
"u) 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 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5025 
**(iv) such other information as the Secretary may 
require.". 
(2) TECHNICAL AMENDMENTS.—(A) Section 313 of the Run-
away and Homeless Youth Act (42 U.S.C. 5712a) is repealed. 
(B) Section 314 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712b) is repealed. 
(C) Section 315 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712c) is repealed. 
(D) Sections 316 and 317 of the Runaway and Homeless 
Youth Act (42 U.S.C. 5713, 5714) are redesignated as sec-
tions 313 and 314, respectively. 
(E) Section 365 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5733) is repealed. 
(h) REPORTS.—Section 361 of the Juvenile Justice and Delin-
quency Act of 1974 (42 U.S.C. 5715) is amended to read as follows: 
"REPORTS 
"SEC. 361. (a) Not later than 180 days after the end of each 42 use 5715. 
fiscal year, the Secretary shall submit a report to the Committee 
on Education and Labor of the House of Representatives and the 
Committee on the Judiciary of the Senate on the status, activities, 
and accomplishments of the runaway and homeless youth centers 
that are fonded imder parts A, B, C, D, and E, with particular 
attention to— 
"(1) in the case of centers fiinded under part A— 
"(A) their effectiveness in alleviating the problems of 
runaway and homeless youth; 
"(B) their ability to reimite children with their families 
and to encourage the resolution of intrafamily problems 
through counseling and other services; 
"(C) their effectiveness in strengthening family rela-
tionships and encouraging stable living conditions for chil-
dren; and 
**(D) their effectiveness in helping youth decide upon 
a future course of action; and 
"(2) in the case of centers funded under part B— 
"(A) the number and characteristic of homeless youth 
served by such projects; 
"(B) describing the types of activities carried out under 
such projects; 
"(C) the effectiveness of such projects in alleviating 
the immediate problems of homeless youth; 
"(D) the effectiveness of such projects in preparing 
homeless youth for self-sufiEiciency; 
"(E) tne effectiveness of sucn projects in helping youth 
decide upon future education, employment, and independ-
ent living; 
"(F) the abiUty of such projects to strengtiien family 
relationships, and encourage the resolution of intrafamily 
problems through counseling and the development of self-
sufficient living skills; and 
"(G) plans for the following fiscal year.". 
(2) 1^ adding at the end the following: 
"(bXD Tne Secretary shall include in the report required by 
subsection (a) an evaluation of the results of Federal evaluation 
of the programs, projects, and activities carried out under this 
106 STAT. 5026 
PUBLIC LAW 102-586—NOV. 4, 1992 
title and a description of the training provided to the persons 
who carry out the evaluation. 
"(2) As part of the evaluation described in paragraph (1), the 
Secretary shall require the persons who carry out the evaluation 
to visit each grantee on-site not less frequently than every 3 years.". 
(i) AUTHORIZATION OF APPROPRIATIONS.—Section 366 
of 
the 
42 use 5751. 
Juvenile Justice and Delinquency Act of 1974 (42 U.S.C. 5751) 
is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as follows: 
"(1) There are authorized to be appropriated 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 
(B) by adding at the end the following new paragraphs: 
"(3) After making the allocation required by paragraph (2), 
the Secretary shall reserve for the purpose of carrying out section 
331— 
"(A) for fiscal year 1993 not less than $912,500, of which 
$125,000 shall be available for the acquisition of communica-
tions 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. 
"(4) In the use of funds appropriated under paragraph (1) 
that are in excess of $38,000,000 but less than $42,600,000, priority 
may be given to awarding enhancement grants to programs (with 
priority to programs that receive grants of less than $85,000), 
for the purpose of allowing such programs to achieve higher 
performance standards, including— 
"(A) increasing and retaining tr£iined staff; 
"(B) strengthening family reimification efforts; 
"(C) improving aftercare services; 
"(D) fostering better coordination of services with public 
and private entities; 
"(E) providing comprehensive services, including health and 
mental health care, education, prevention and crisis interven-
tion, and vocational services; and 
"(F) improving data collection efforts. 
"(5) In the use of funds appropriated under paragraph (1) 
that are in excess of $42,599,999— 
"(A) 50 percent may be targeted at developing new pro-
grams in unserved or underserved communities; and 
"(B) 50 percent may be targeted at program enhancement 
activities described in paragraph (3)."; 
(2) in subsection (b) by amending paragraph (1) to read 
as follows: 
"(1) Subject to paragraph (2), there are authorized to be appro-
priated 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." 
(3) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(4) by inserting after subsection (b) the following new sub-
section: 
"(c) There is authorized to be appropriated to carry out section 
344 $1,000,000 for each of fiscal years 1993, 1994, 1995, and 1996.". 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5027 
SEC. 4. MISSING CHILDREN. 
Section 407 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5777) is amended by striking "fiscal years 
1989, 1990, 1991, and 1992" and inserting "fiscal years 1993, 1994, 
1995, and 1996". 
SEC. 6. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION 
PROGRAMS. 
(a) ESTABLISHMENT OF PROGRAM.—The Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is 
amended by adding at the end the following new title: 
"TITLE V—INCENTIVE 
GRANTS 
FOR 
LOCAL DELINQUENCY PREVENTION 
PROGRAMS 
Incentive Grants 
for Local 
Delinquency 
Prevention 
Programs Act. 
•^EC. 501. SHORT TITLE. 
"This title may be cited as the 'Incentive Grants for Local 
Delinquency Prevention Programs Act*. 
"SEC. 502. FINDINGS. 
"The Congress finds that— 
"(1) approximately 700,000 youth enter the juvenile justice 
system every year; 
"(2) Federal, State, and local governments spend close to 
$2,000,000,000 a year confining many of those youth; 
"(3) it is more effective in both human and fiscal terms 
to prevent delinquency than to attempt to control or change 
it after the fact; 
"(4) half or more of all States are unable to spend any 
i
'uvenile justice formula grant funds on delinquency prevention 
>ecause of other priorities; 
"(5) few Federal resources are dedicated to delinquency 
prevention; and 
"(6) Federal incentives are needed to assist States and 
local communities in mobilizing delinquency prevention policies 
and programs. 
'^EC. 503. DEFINITION. 
"In this title, the term 'State advisory group' means the advisory 
group appointed by the chief executive officer of a State under 
a plan described in section 223(a). 
<«EC. 504. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR. 
"The Administrator shall— 
"(1) issue such rules as are necessary or appropriate to 
carry out this title; 
"(2) make such arrangements as are necessary and appro-
priate to facilitate coordination and policy development among 
all activities funded through the Department of Justice relating 
to delinquency prevention (including the preparation of an 
annual comprehensive plan for facilitating such coordination 
and policy development); 
"(3) provide adequate staff and resources necessary to prop-
erly carry out this title; and 
42 use 5601 
note. 
42 u s e 5781. 
42 use 5782. 
42 use 5783. 
Regulations. 
106 STAT. 5028 
PUBLIC LAW 102-586—NOV. 4, 1992 
Reports. 
"(4) not later than 180 days after the end of each fiscal 
year, 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 Judiciaiy of the Senate— 
"(A) describing activities and accomplishments of grant 
activities funded under this title; 
"(B) describing procedures followed to disseminate 
grant activity products and research findings; 
"(C) describing activities conducted to develop policy 
and to coordinate Federal agency and interagency efforts 
related to delinquency prevention; and 
"(D) identif3dng successful approaches and making rec-
ommendations for future activities to be conducted imder 
this title. 
42 use 5784. 
<'SEC. 506. GRANTS FOR PREVENTION PROGRAMS. 
"(a) PURPOSES.—The Administrator may make grants to a 
State, to be transmitted through the State advisory group to units 
of g:eneral local government that meet the requirements of sub-
section (b), for delinquency prevention programs and activities for 
youth who have had contact with the juvenile justice system or 
who are likely to have contect with the juvenile justice system, 
including the provision to children, youth, and families of— 
"(1) recreation services; 
"(2) tutoring and remedial education; 
"(3) assistence in the development of work awareness skills; 
"(4) child and adolescent health and mentel health services; 
"(5) alcohol and substance abuse prevention services; 
"(6) leadership development activities; and 
"(7) the teaching that people are and should be held 
accounteble for their actions. 
"(b) ELIGIBILITY.—^The requirements of this subsection are met 
with respect to a luiit of general local government if— 
"(1) the imit is in compliance with the requirements of 
part B of title II; 
"(2) the unit has submitted to the State advisonr group 
a 3-year plan outlining the unit's local front end plans for 
investment for delinquency prevention and early intervention 
activities; 
"(3) the unit has included in its application to the Adminis-
trator for formula grant funds a summary of the 3-year plan 
described in paragraph (2); 
"(4) pursuant to its 3-year plan, the unit has appointed 
a local policy board of no fewer than 15 and no more than 
21 members with balanced representation of public agencies 
and private, nonprofit organizations serving cnildren, youth, 
and families and business and industry; 
"(5) the unit has, in order to aid in the prevention of 
delinquency, included in its application a plan for the coordina-
tion of services to at-risk youth and their families, including 
such programs as nutrition, energy assistance, and housing; 
"(6) the local policy board is empowered to make all rec-
ommendations for distribution of funds and evaluation of activi-
ties funded under this title; and 
"(7) the imit or State has agreed to provide a 50 percent 
mateh of the amoimt of the grant, including the value of in-
kind contributions, to fimd the activity. 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5029 
"(c) PRIORITY.—In considering grant applications under this 
section, the Administrator shall give priority to applicants that 
demonstrate ability in— 
"(1) plsins for service and agency coordination and collabora-
tion including the colocation of services; 
"(2) innovative ways to involve the private nonprofit and 
business sector in delinquency prevention activities; and 
"(3) developing or enhancing a statewide subsidy program 
to local governments that is dedicated to early intervention 
and delinquency prevention. 
<«EC. 506. AUTHORIZATION OF APPROPRIATIONS. 
'To carry out this title, there are authorized to be appropriated 
$30,000,000 for fiscal year 1993 and such sums as are necessary 
for fiscal years 1994,1995, and 1996.". 
(b) STUDY.—^After the program established by subsection (a) 
has been funded for two years, the General Accounting Office shall 
prepare and submit to Congress a study of the efiects of 
the program 
m encouraging States and units of general local government to 
comply with the requirements of part B of title II. 
SEC. 6. CHILDREN'S ADVOCACY PROGRAM. 
(a) FINDINGS.—Section 211 of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13001) is amended— 
(1) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (6), and (7), respectively; 
(2) by inserting afi^r paragraph (2) the following new 
paragraph: 
"(3) traditionally, commimity agencies and professionals 
have different roles in the prevention, investigation, and inter-
vention process;" and 
(3) by inserting after paragraph (4), as redesignated by 
paragraph (1), the following new paragraph: 
"(5) there is a national need to enhance coordination among 
community agencies and professionals involved in the interven-
tion system;". 
(b) REGIONAL CHILDREN'S ADVOCACY PROGRAM.—Subtitle A of 
the Victims of Child Abuse Act (42 U.S.C. 13001 et seq.) is 
amended— 
(1) by redesignating sections 212, 213, and 214 as sections 
214, 214A, and 214B, respectively; and 
(2) by inserting afi^r section 211 the following new sections: 
<«EC. 212. DEFINITIONS. 
"For purposes of this subtitle— 
"(1) the term 'Administrator* means the agency head des-
ignated under section 201(b) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5611(b)); 
"(2) the term 'applicant' means a child protective service, 
law enforcement, legal, medical and mental health agency or 
other agency that responds to child abuse cases; 
"(3) the term Ijoard' means the Children's Advocacy 
Advisory Board established imder section 213(e); 
"(4) the term 'census region' means 1 of the 4 census 
regions (northeast, south, midwest, and west) that are des-
ignated as census regions by the Bureau of the Census as 
of the date of enactment of this section; 
42 u s e 5785. 
42 use 5781 
note. 
42 use 
13002-13004. 
42 u s e 13001a. 
106 STAT. 5030 
PUBLIC LAW 102-586—NOV. 4, 1992 
''(5) the term 'child abuse' means physical or sexual abuse 
or neglect of a child; 
"(6) the term 'Director* means the Director of the National 
Center on Child Abuse and Neglect; 
"(7) the term 'multidisciplinary response to child abuse' 
means a response to child aouse that is based on mutually 
agreed upon procedures among the commimity agencies and 
professionals involved in the intervention, prevention, prosecu-
tion, and investigation systems that best meets the needs of 
child victims and their nonoffending family members; 
"(8) the term 'nonoffending familv member' means a mem-
ber of the family of a victim of child abuse other than a 
member who has been convicted or accused of committing an 
act of child abuse; and 
"(9) the term 'regional children's advocacy program' means 
the children's advocacy program established under section 
213(a). 
42 use 13001b. 
"SEC. 213. REGIONAL CHILDREN'S ADVOCACY CENTERS. 
"(a) ESTABLISHMEhJT OF REGIONAL CHILDREN'S ADVOCACY PRO-
GRAM.—^The Administrator, in coordination with the Director and 
with the Director of the Office of Victims of Crime, shall establish 
a children's advocacy program to— 
"(1) focus attention on child victims by assisting commu-
nities in developing child-focused, community-oriented, facility-
based programs designed to improve the resources available 
to children and families; 
"(2) provide support for nonoffending family members; 
"(3) enhance coordination among community agencies and 
professionals involved in the intervention, prevention, prosecu-
tion, and investigation systems that respond to child abuse 
cases; and 
"(4) train physicians and other health care and mental 
health care professionals in the multidisciplinaiy approach to 
child abuse so that trained medical personnel will be available 
to provide medical support to community agencies and profes-
sionals involved in tne intervention, prevention, prosecution, 
and investigation systems that respond to child abuse cases. 
"(b) ACTIVITIES OF THE REGIONAL (JHILDREN'S ADVOCACY PRO-
GRAM.— 
"(1) ADMINISTRATOR.—^The Administrator, in coordination 
vdth the Director, shall— 
"(A) establish regional children's advocacy program 
centers; 
"(B) fund existing regional centers with expertise in 
the prevention, judicial handling, and treatment of child 
abuse and neglect; and 
"(C) fimdf the establishment of freestanding facilities 
in multidisciplinary programs within communities that 
have yet to establish such facilities, 
for the purpose of enabling grant recipients to provide informa-
tion, services, and technical assistance to aid communities in 
establishing multidisciplinary programs that respond to child 
abuse. 
"(2) GRANT RECIPIENTS.—A grant recipient under this sec-
tion shall— 
"(A) assist communities— 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5031 
"(i) in developing a comprehensive, multidisci-
plinary response to child abuse that is designed to 
meet the needs of child victims and their families; 
"(ii) in establishing a freestanding facility where 
interviews of and services for abused children can be 
provided; 
''(iii) in preventing or reducing traimia to children 
caused 
by 
multiple 
contacts 
with 
community 
professionals; 
"(iv) in providing families with needed services 
and assisting them in regaining maximum functioning; 
"(v) in maintaining open communication and case 
coordination among community professionals and agen-
cies involved in child protection efforts; 
''(vi) in coordinating and tracking investigative, 
preventive, prosecutorial, and treatment efforts; 
"(vii) in obtaining information useful for criminal 
and civil proceedings; 
''(viii) in holding offenders accountable through 
improved prosecution of child abuse cases; 
''(ix) in enhancing professional skills necessary to 
efTectively respond to cases of child abuse through 
training; and 
"(x) in enhancing community understanding of 
child abuse; and 
''(B) provide training and technical assistance to local 
children's advocacy centers in its census region that are 
grant recipients under section 214. 
"(c) 
OPERATION OF THE REGIONAL CHILDREN'S ADVOCACY 
PROGRAM.— 
"(1) SouciTATiON OF PROPOSALS.—Not later than 1 year 
after the date of enactment of this section, the Administrator 
shall solicit proposals for assistance under this section. 
"(2) MINIMUM QUALIFICATIONS.—In order for a proposal 
to be selected, the Administrator may require an applicant 
to have in existence, at the time the proposal is submitted, 
1 or more of the following: 
"(A) A proven record in conducting activities of the 
kinds described in subsection (c). 
"(B) A facility where children who are victims of sexual 
or physical abuse and their nonoffending family members 
can go for the purpose of evaluation, intervention, evidence 
gathering, and coimseling. 
"(C) MultidiscipUnary staff experienced in providing 
remedial coimseling to children and families. 
"(D) Experience in serving as a center for training 
and education and as a resource facility. 
"(E) National expertise in providing technical assist-
since to communities with respect to the judicial handling 
of child abuse and neglect. 
"(3) PROPOSAL REQUIREMENTS.— 
"(A) IN GENERAL.—^A proposal submitted in response 
to the solicitation under paragraph (1) shall— 
"(i) include a single or multiyear management plan 
that outlines how the applicant will provide informa-
tion, services, and technicial assistance to communities 
106 STAT. 5032 
PUBLIC LAW 102-586—NOV. 4, 1992 
so that communities can establish multidisciplinary 
programs that respond to child abuse; 
"(ii) demonstrate the ability of the applicant to 
operate successfully a multidisciplinary dbild abuse 
program or provide training to allow oUiers to do so; 
and 
"(iii) state the annual cost of the proposal and 
a breakdown of those costs. 
"(B) CONTENT OF MANAGEMENT PLAN.—A management 
plan described in paragraph (3XA) shall— 
"(i) outline tiie basic activities expected to be 
performed; 
"(ii) describe the entities that will conduct the 
basic activities; 
"(iii) establish the period of time over which the 
basic activities will take place; and 
"(iv) define the overall program management and 
direction by— 
"(I) identifying managerial, organizational, 
and administrative procedures and responsibilities; 
"(11) demonstrating how implementation and 
monitoring of the progress of the children's 
advocacy program after receipt of funding will be 
achieved; and 
"(III) providing sufficient rationale to support 
the costs of the plan. 
"(4) SELECTION OF PROPOSALS.— 
"(A) COMPETITIVE BASIS.—Proposals shall be selected 
under this section on a competitive basis. 
"(B) CRITERIA.—^The Administrator, in coordination 
with the Director, shall select proposals for funding that— 
"(i) best result in developing and establishing 
multidisciplincuy programs that respond to child abuse 
by assisting, training, and teaching community agen-
cies and professionals called upon to respond to child 
abuse cases; 
"(ii) assist in resolving problems that may occur 
during the development, operation, and implementa-
tion of a multidisciplinary program that responds to 
child abuse; and 
"(iii) carry out the objectives developed by the 
Board under subsection (eX2XA); 
"(C) to the greatest extent possible and subject to avail-
able appropriations, ensure that at least 1 applicant is 
selected from each of the 4 census regions of the coimtry; 
and 
"(D) otherwise best carry out the purposes of this sec-
tion. 
"(5) FUNDING OF PROGRAM.—^From amounts made available 
in separate appropriation Acts, the Administrator shall provide 
to each grant recipient the financial and technical assistance 
and other incentives that are necessary and appropriate to 
carry out this section. 
"(6) COORDINATION OF EFFORT.—In order to carry out activi-
ties that are in the best interests of abused and neglected 
children, a grant recipient shall consult with other grant recipi-
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5033 
ents on a regular basis to exchange ideas, share information, 
and review cMldren's advocacy program activities. 
"(d) REVIEW.— 
"(1) EVALUATION OF REGIONAL CHILDREN'S ADVOCACY PRO-
GRAM A
C
T
I
V
I
T
I
E
S
.
—
^
T
h
e Administrator, in coordination with the 
Director, shall regularly monitor and evaluate the activities 
of grant recipients and shall determine whether each grant 
recipient has compUed with the original proposal and any 
modifications. 
"(2) ANNUAL REPORT.—^A grant recipient shall provide an 
annual report to the Administrator and the Director that— 
"(A) describes the progress made in satisfying the pur-
pose of the children's advocacy program; and 
"(B) states whether changes are needed and are being 
made to carry out the purpose of the children's advocacy 
program. 
"(3) DISCONTINUATION OF FUNDING.— 
"(A) FAILURE TO IMPLEMENT PROGRAM AcnvmES.—If 
a grant recipient under this section substantially fails in 
the implementation of the program activities, the Adminis-
trator shall not discontinue funding until reasonable notice 
and an opportunity for reconsideration is given. 
*
*
(
B
) SoucrrATiON OF NEW PROPOSALS.—Upon dis-
continuation of funding of a grant recipient under this 
section, the Administrator shaQ solicit new proposals in 
accordance with subsection (c). 
*
*
(
e
) CHILDREN'S ADVOCACY ADVISORY BOARD.— 
"(1) ESTABUSHMENT OF BOARD.— 
"(A) IN GENERAL.—Not later than 120 days after the 
date of enactment of this section, the Administrator and 
the Director, after consulting with representatives of 
community agencies that respond to child abuse cases, 
shall establish a children's advocacy advisory board to pro-
vide guidance and oversight in implementing the selection 
criteria and operation of the regional children's advocacy 
program. 
"(B) MEMBERSHIP.—(i) The board-
ed) shall be composed of 12 members who are 
selected by the Admmistrator, in coordination with 
the Director, a migority of whom shall be individuals 
experienced in the child abuse investigation, prosecu-
tion, prevention, and intervention systems; 
"(11) shall include at least 1 member from each 
of the 4 census regions; and 
"(III) shall ^ve members appointed for a term 
not to exceed 3 years. 
"(ii) Members of the Board may be reappointed for 
successive terms. 
"(2) REVIEW AND RECOMMENDATIONS.— 
"(A) OBJECTIVES.—Not later than 180 days after the 
date of enactment of this section and annually thereafter, 
the Board shidl develop and submit to the Administrator 
and the Director objectives for the implementation of the 
children's advocacy program activities described in sub-
section (b). 
"(B) REVIEW.—The board shall annually— 
106 STAT. 5034 
PUBLIC LAW 102-586—NOV. 4, 1992 
Reports. 
42 use 9843 
note. 
"(i) review the solicitation and selection of chil-
dren's advocacy program proposals and make rec-
ommendations concerning how each such activity can 
be altered so as to better achieve the purposes of 
this section; and 
"(ii) review the program activities and manage-
ment plan of each grant recipient and report its find-
:
> 
ings and recommendations to the Administrator and 
the Director. 
"(3) RULES AND REGULATIONS.—The Board shall promulgate 
such rules and regulations as it deems necessary to carry 
out its duties imder this section. 
"(f) REPORTING.—The Attomev General and the Secretary of 
Health and Human Services shall submit to Congress, by March 
1 of each year, a detailed review of the progress of the regional 
children's advocacy program activities.". 
(c) LOCAL CHILDREN'S ADVOCACY PROGRAM.—Section 214 
of 
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002), as 
redesignated by subsection (bXD, is amended— 
(1) by amending the heading to read as follows: 
"SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS."; 
(2) in subsection (a) by striking The Director of the Office 
of Victims of Crime (hereinafter in this subtitle referred to 
as the 'Director'), in consultation with officials of the Depart-
ment of Health and Human Services," and inserting The 
Administrator, in coordination with the Director and with the 
Director of the Office of Victims of Crime,"; 
(3) in subsection (bX2XB) by inserting ''and nonoffending 
family members" after "neglect"; and 
(4) by adding at the end the following new subsection: 
"(d) CONSULTATION WITH REGIONAL CHILDREN'S ADVOCACY 
CENTERS.—A ^ant recipient under this section shall consult from 
time to time with regional children's advocacy centers in its census 
region that are grant recipients under section 213.". 
(d) SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PRO-
GRAMS.—Section 214A of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13003), as redesignated by subsection (bXD, is amended 
in subsections (a) and (cXD by striking "Director^ and inserting 
"Administrator". 
(e) AUTHORIZATION OF APPROPIUATIONS.—Section 214B 
of 
the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 13004), as redesig-
nated by subsection (bXl), is amended to read as follows: 
«SEC. 214B. AUTHORIZATION OF APPROPRIATIONS. 
"(a) SECTIONS 213 AND 214.—There are authorized to be appro-
priated to carry out sections 213 and 214— 
"(1) $15,000,000 for fiscal year 1993; and 
"(2) such sums as are necessary for fiscal years 1994, 
1995, and 1996. 
"(b) SECTION 214A—^There are authorized to be appropriated 
to carry out section 214A— 
"(1) $5,000,000 for fiscal year 1993; and 
"(2) such sums as are necessary for fiscal years 1994, 
1995, and 1996.". 
SEC. 7. HEAD START TRAINING IMPROVEMENT. 
(a) PURPOSE.—It is the purpose of this section— 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5035 
(1) to promote continued access for Head Start and other 
early chil&ood staff to the Child Development Associate 
credential; 
(2) to increase the ability of Head Start staff to address 
the problems facing Head Start families; 
(3) to create a systematic approach to training, thereby 
improving the quality of Head Start instruction and using 
training funds more efficiently and effectively; and 
(4) to allow the use of training funds for creative approaches 
to learning for children. 
(b) TECHNICAL ASSISTANCE, TRAINING, AND STAFF QUALIFICA-
TIONS.—Section 648 of the Head Start Act (42 U.S.C. 9843) is 
amended— 
(1) in subsection (a) by striking "(2) training^ and all that 
follows through the end of the subsection and inserting "(2) 
training for specialized or other personnel needed in connection 
with Head Start programs, including funds from programs 
authorized under this subchapter to support an organization 
to administer a centredized child development and national 
assessment program leading to recognized credentials for 
personnel working in early childhood development and child 
care programs, training for personnel providing services to non-
English language background children, training for personnel 
in helping children cope with community violence, and resource 
access projects for personnel working with disabled children."; 
and 
(2) 1^ adding at the end the following new subsections: 
"(c) The Secretary shall— 
"(1) develop a systematic approach to training Head Start 
personnel, including— 
"(A) specific goals and objectives for program improve-
ment and continiiing professional development; 
"(B) a process for continuing input from the Head 
Start community; and 
"(C) a strategy for delivering training and technical 
assistance; and 
"(2) report on the approach developed under paragraph Reports. 
(1) to the Committee on Labor and Human Resources of uie 
Senate and the Committee on Education and Labor of the 
Hoiise of Representatives, 
"(d) The Secretary may provide, either directly or through 
f
rantis to public or private nonprofit entities, training for Head 
tart personnel in the use of the performing and visual arts and 
interactive programs using electromc media to enhance the learning 
experience of Head Start children.". 
SEC. 8. AMENDMENTS TO CHILD CABE AND DEVELOPBfENT BLOCK 
GRANT ACT. 
(a) SPENDING OF FUNDS BY STATES.—Section 658J(c) of the 
Child Care and Development Block Grant Act Amendments of 1992 
(42 U.S.C. 9858h(c)) is amended— 
(1) by striking "obligated" and inserting "expended"; and 
(2) by striking "succeeding fiscal year" and inserting 
"succeeding 3 
fiscal 
years". 
(b) PAYMENTS EXCLUDED FROM INCOME.—The Child Care and 
Development Block Grant Act Amendments of 1992 (42 U.S.C. 
106 STAT. 5036 
PUBLIC LAW 102-586—NOV. 4, 1992 
9858a et seq.) is amended by adding at the end the following 
new section: 
42 use 9858q. 
"SEC. 658S. MISCELLANEOUS PROVISIONS. 
"Notwithstanding any other law, the value of any child care 
provided or arranged (or any eunount received as payment for 
such care or reimbiu-sement for costs incurred for such care) under 
this subchapter shall not be treated as income for purposes of 
any other Federal or Federally-assisted program that bases eligi-
bility, or the amount of benefits, on need.". 
(c) TECHNICAL AMENDMENTS.— 
(1) CORRECTION IN CITATION.—Section 5082 of the Omnibus 
42USCprec. 
Budget Reconciliation Act of 1990 (Public Law 101-508) is 
^^^^ 
amended by striking "title IV" and inserting "title VI". 
(2) DEFINITIONS.—Section 658P of ttie Child Care and 
Develoi>ment Block Grant Act Amendments of 1992 (42 U.S.C. 
9858n) is amended— 
(A) in paragraph (7), by striking "4(b)** and inserting 
"4(6)"; and 
(B) in paragraph (14), by striking "4(c)** and inserting 
"4(1)'*. 
42 use 9858h 
(d) EFFECTIVE DATE.— 
"°*^ 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendments made b}r this section shall take effect on the 
date of enactment of this Act. 
(2) APPLICATION.—^The amendments made by this section 
shall not apply with respect to fiscal years beginning before 
October 1, 1992. 
SEC. 9. AMENDMENT TO THE CHILD ABUSE PREVENTION AND TREAT-
MENT ACT. 
42 use 5106a 
(a) FINDINGS.—The Congress finds t h a t ^ 
"°*®- 
(1) circumstances surroimding the death of a young boy 
named Adam Mann in New York City prompted a shocking 
docimientary focusing on the inability of child protection serv-
ices to protect suffering children; 
(2) the documentery described in paragraph (1) showed 
the serious need for systemic changes in our child welfare 
protection system; 
(3) thorough, coordinated, and comprehensive investigation 
will, it is hoped, lead to the prevention of abuse, neglect, 
or death in the fiiture; 
(4) an imdue burden is placed on investigation due to 
strict Federal £md State laws and regulations regarding 
confidentiality; 
(5) while the Congress recognizes the importance of 
maintaining the confidentiality of records pertainmg to child 
abuse, neglect, and death, ofi^n the purpose of confidentiality 
laws and regulations are defeated when they have the effect 
of protecting those responsible; 
(6) comprehensive £ind coordinated interagency communica-
tion needs to be established, with adequate provisions to protect 
against the public disclosure of any detrimental information 
need to be established; 
(7) certain States, including Greorgia, North Carolina, 
California, Missouri, Arizona, Minnesota, Oklahoma, 
and 
Oregon, have taken steps to establish by statute interagency, 
multidisciplinary fatality review teams to fiilly investigate 
PUBLIC LAW 102-586—NOV. 4, 1992 
106 STAT. 5037 
incidents of death believed to be caused by child abuse or 
neglect; 
(8) teams such as those described in paragraph (7) should 
be established in eveiy State, and their scope of review should 
be expanded to include egregious incidents of child abuse and 
neglect before the child in question dies; and 
(9) teams such as those described in paragraph (7) will 
increase the accountability of child protection services. 
(b) MODIFICATION OF CONFIDENTIALITY PROVISION REGARDING 
STATE GRANTS UNDER CHIUD ABUSE PREVENTION AND TREATMENT 
ACT.—Section 107(bX4) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106A(bX4)) is amended to read as follows: 42 use 5i06a. 
"(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 pcurents or guardians, including methods to 
ensure that disclosure (and redisclosure) of information 
concerning child abuse or neglect involving specific individ-
uals 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 rel-
evant information to any Federal, State, or local govern-
mental 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 firom abuse and neglect;". 
(c) SENSE OF THE CONGRESS.—^It is the sense of the Congress 
that each State should review and reform of the system in the 
State for protecting against child abuse and neglect, including 
implementing formsd interagency, multidisciplinary teams— 
(1) to review— 
(A) all cases of child death in which the child was 
previously known by the State to have been abused or 
neglected; and 
(B) incidents of child abuse before a child dies when 
there is evidence of negligent handling by the State, 
in order to hold the State accountable; and 
106 STAT. 5038 
PUBLIC LAW 102-586—NOV. 4, 1992 
(2) to make recommendations regarding the outcomes of 
individual cases and systemic changes in the State's procedures 
for protecting against child abuse and neglect. 
Approved November 4, 1992. 
LEGISLATIVE HISTORY—H.R. 5194 (S. 2792): 
HOUSE REPORTS: No. 102-756 (Comm. on Education and Labor). 
SENATE REPORTS: No. 102-393 accompanying S. 2792 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 3, considered and passed House. 
Sept. 25, considered and passed Senate, amended, in lieu of S. 2792. 
Oct. 2, House concurred in Senate amendment with an amendment. 
Oct. 7, Senate concurred in House amendment.