An Act to provide a comprehensive, coordinated approach to the problems of juvenile delinquency, and for other purposes.
PL 93-415 (S.821), enacted 09/07/1974

88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1109 
of cost sharing by the recipient shall reflect the mutuality of interest of 
the grantee or contractor and the Government in the research. 
SEC. 405. No part of any appropriation, funds, or other authority se^vfc^s''"'^ 
contained in this Act shall be available for paying to the Adminis-
trator of the General Services Administration in excess of 90 per 
centum of the standard level user charge established pursuant to sec-
tion 210(j) of the Federal Property and Administrative Services Act 
of 1949, as amended, for space and services. 
-
^
o use 490. 
SEC. 406. No part of any appropriations contained in this Act shall 
Fiscal year 
remain available for obligation beyond the current fiscal year unless '1™^'^'^°"' 
expressly so provided herein. 
This Act may be cited as the "Department of Housing and Urban 
short titie. 
Development; Space, Science, Veterans, and Certain Other Independ-
ent Agencies Appropriation Act, 1975". 
Approved September 6, 1974. 
Public Law 93-415 
AN ACT 
September 7, 1974 
To provide a comprehensive, coordinated approach to the prohleins of juvenile 
f
^
- ^^^1 
delinquency, and for other purposes. 
Be it enacted by the Senate and, House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
juvenile jus-
be cited as the "Juvenile Justice and Delinquency Prevention Act of q'ue^ncy'^p^e^ven' 
1974". 
tion Act of 1974. 
TITLE I—FINDINGS AND DECLARATION OF PURPOSE 
42 use 5601 
note. 
riNDINGS 
SEC. 101. (a) The Congress hereby finds that— 
42 use seoi. 
(1) juveniles account for almost half the arrests for serious 
crimes in the Ignited States today ; 
(2) understaffed, overcrowded juvenile courts, probation serv-
ices, and correctional facilities are not able to provide individ-
ualized justice or effective help; 
(3) present juvenile courts, foster and protective care pro-
grams, and shelter facilities are inadequate to meet the needs of 
the countless, abandoned, and dependent children, who, because 
of this failure to provide effective 
services, may become 
delinquents; 
(4) existing programs have not adequately responded to the 
particular problems of the increasing numbers of young people 
who are addicted to or who abuse drugs, particularly nonopiate 
or polydrug abusers; 
38-194 O - 76 - 73 Pt. 1 
1110 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(5) juvenile delinquency can be prevented through programs 
designed to keep students in elementary and secondary schools 
through the prevention of unwarranted and arbitrary suspen-
sions and expulsions; 
(6) States and local communities which experience directly 
the devastating failures of the juvenile justice system do not pres-
ently have sufficient technical expertise or adequate resources to 
deal comprehensively with the problems of juvenile delinquency; 
and 
(7) existing Federal programs have not provided the direction, 
coordination, resources, and leadership required to meet the crisis 
of delinquency. 
(b) Congress finds further that the high incidence of delinquency 
in the United States today results in enormous annual cost and im-
measurable loss of human life, personal security, and wasted human 
resources and that juvenile delinquency constitutes a growing threat 
to the national welfare requiring immediate and comprehensive action 
by the Federal Government to reduce and prevent delinquency. 
42 u s e 5602. 
PURPOSE 
SEC. 102. (a) It is the purpose of this Act— 
(1) to provide for the thorough and prompt evaluation of all 
federally assisted juvenile delinquency programs; 
(2) to provide technical assistance to public and private agen-
cies, institutions, and individuals in developing and implement-
ing juvenile delinquency programs; 
(3) to establish training programs for persons, including pro-
fessionals, paraprofessionals, and volunteers, who work with 
delinquents or potential delinquents or whose work or activities 
relate to juvenile delinquency programs; 
(4) to establish a centralized research effort on the problems 
of juvenile delinquency, including an information clearinghouse 
to disseminate the findings of such research and all data related to 
juvenile delinquency; 
(5) to develop and encourage the implementation of national 
standards for the administration of juvenile justice, including 
recommendations for administrative, budgetary, and legislative 
action at the Federal, State, and local level to facilitate the adop-
tion of such standards; 
(6) to assist States and local communities with resources to 
develop and implement programs to keep students in elementary 
and secondary schools and to prevent unwarranted and arbitrary 
suspensions and expulsions; and 
(7) to establish a Federal assistance program to deal with the 
problems of runaway youth. 
(b) It is therefore the further declared policy of Congress to pro-
vide the necessary resources, leadership, and coordination (1) to 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1111 
develop and implement effective methods of preventing and reducing 
juvenile delinquency; (2) to develop and conduct effective programs 
to prevent delinquency, to divert juveniles from the traditional juve-
nile justice system and to provide critically needed alternatives to 
institutionalization; (3) to improve the quality of juvenile justice in 
the United States; and (4) to increase the capacity of State and local 
governments and public and private agencies to conduct effective 
juvenile justice and delinquency prevention and rehabilitation pro-
grams and to provide research, evaluation, and training services in the 
field of juvenile delinquency prevention. 
DEFINITIONS 
SEC. 103. For purposes of this Act— 
42 use seoa.. 
(1) the term "community based" facility, program, or service 
means a small, open group home or other suitable place located 
near the juvenile's home or family and programs of community 
supervision and service which maintain community and consumer 
participation in the planning operation, and evaluation of their 
programs which may include, but are not limited to, medical, edu-
cational, vocational, social, and psychological guidance, training, 
counseling, alcoholism treatment, drug treatment, and other 
rehabilitative services; 
(2) the term "Federal juvenile delinquency program" means 
any juvenile delinquency program which is conducted, directly, or 
indirectly, or is assisted by any Federal department or agency, 
including any program funded under this Act; 
(3) the term "juvenile delinquency program" means any pro-
gram or activity related to juvenile delinquency prevention, con-
trol, diversion, treatment, rehabilitation, planning, education, 
training, and research, including drug and alcohol abuse pro-
grams; the improvement of the juvenile justice system; and any 
program or activity for neglected, abandoned, or dependent youth 
and other youth who are in danger of becoming delinquent; 
(4) the term "Law Enforcement Assistance Administration" 
means the agency established bv section 101(a) of the Omnibus 
Crime Control and Safe Streets Act of 1968, as amended; 
^2 use 3711. 
(5) the term "Administrator" means the agency head desig-
nated by section 101(b) of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended; 
(6) the term "law enforcement and criminal justice" means 
any activity pertaining to crime prevention, control, or reduction 
or the enforcement of the criminal law, including, but not limited 
to police efforts to prevent, control, or reduce crime or to appre-
hend criminals, activities of courts having criminal jurisdiction 
and related agencies (including prosecutorial and defender serv-
ices, activities of corrections, probation, or parole authorities, and 
programs relating to the prevention, control, or reduction of 
juvenile delinquency or narcotic addiction; 
1112 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(7) the term "State" means any State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Trust Territory of the Pacific Islands, and any territory or posses-
sion of the United States; 
(8) the term "unit of general local government" means any 
city, county, township, town, borough, parish, village, or other 
general purpose political subdivision of a State, an Indian tribe 
which performs law enforcement functions as determined by the 
Secretary of the Interior, or, for the purpose of assistance eligi-
bility, any agency of the District of Columbia government per-
forming law^ enforcement functions in and for the District of 
Columbia and funds appropriated by the Congress for the activi-
ties of such agency may be used to provide the non-Federal share 
of the cost of programs or projects funded under this title; 
(9) the term "combination" as applied to States or units of 
general local government means any grouping or joining together 
of such States or units for the purpose of preparing, developing, 
or implementing a law enforcement plan; 
(10) the term "construction" means acquisition, expansion, 
remodeling, and alteration of existing buildings, and initial equip-
ment of any such buildings, or any combination of such activities 
(including architects' fees but not the cost of acquisition of land 
for buildings) ; 
(11) the term "public agency" means any State, unit of local 
government, combination of such States or units, or any depart-
ment, agency, or instrumentality of any of the foregoing; 
(12) the term "correctional institution or facility" means any 
place for the confinement or rehabilitation of juvenile offenders 
or individuals charged with or convicted of criminal offenses; and 
(13) the term "treatment" includes but is not limited to medi-
cal, educational, social, psychological, and vocational services, cor-
rective and preventive guidance and training, and other rehabili-
tative services designed to protect the public and benefit the addict 
or other user by eliminating his dependence on addicting or other 
drugs or by controlling his dependence, and his susceptibility to 
addiction or use. 
TITLE II—JUVENILE JUSTICE AND DELINQUENCY 
PREVENTION 
Part A—Juvenile Justice and Delinquency Prevention Office 
ESTABLISHMENT OF OFFICE 
42 use 5611. 
gj,(3_ 201. (a) There is hereby created within the Department of 
Justice, Law Enforcement Assistance Administration, the Office of 
Juvenile Justice and Delinquency Prevention (referred to in this Act 
as the "Office"). 
Administration. 
^^^ rpj^^ programs authorlzcd pursuant to this Act unless otherwise 
specified in this Act shall be administered by the Office established 
under this section. 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1113 
(c) There shall be at the head of the Office an Assistant Administra-
tor who shall be nominated by the President by and with the advice 
and consent of the Senate. 
(d) The Assistant Administrator shall exercise all necessary 
powers, subject to the direction of the Administrator of the Law 
Enforcement Assistance Administration. 
(e) There shall be in the Office a Deputy Assistant Administrator 
who shall be appointed by the Administrator of the Law Enforcement 
Assistance Administration. The Deputy Assistant Administrator shall 
perform such functions as the Assistant Administrator from time to 
time assigns or delegates, and shall act as Assistant Administrator 
during the absence or disability of the Assistant Administrator or in 
the event of a vacancy in the Office of the Assistant Administrator. 
(f) There shall be established in the Office a Deputy Assistant Ad-
ministrator who shall be appointed by the Administrator whose func-
tion shall be to supervise and direct the National Institute for Juvenile 
Justice and Delinquency Prevention established under section 241 of 
this Act. 
Post. p. 1125. 
(g) Section 5108(c) (10) of title 5, United States Code first occur-
rence, is amended by deleting the word "twenty-two" and inserting 
in lieu thereof the word "twenty-five". 
PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS 
SEC. 202. (a) The Administrator is authorized to select, employ, and 
"
^
^ use sen. 
fix the compensation of such officers and employees, including attor-
neys, as are necessary to perform the functions vested in him and to 
prescribe their functions. 
(b) The Administrator is authorized to select, appoint, and employ 
not to exceed three officers and to fix their compensation at rates not 
to exceed the rate now or hereafter prescribed for GS-18 of the General 
Schedule by section 5332 of title 5 of the United States Code. 
5 use 5332 
(c) Upon the request of the Administrator, the head of any Fed- "°'^-
eral agency is authorized to detail, on a reimbursable basis, any of its 
personnel to the Assistant Administrator to assist him in carrying out 
his functions under this Act. 
(d) The Administrator may obtain services as authorized by sec-
tion 3109 of title 5 of the United States Code, at rates not to exceed 
the rate now or hereafter prescribed for GS-18 of the General Sched-
ule by section 5332 of title I of the United States Code. 
5 use 5332 
note. 
VOLUNTARY SERVICE 
42 u s e 5613. 
SEC. 203. The Administrator is authorized to accept and employ, in 
carrying out the provisions of this Act, voluntary and uncompensated 
services notwithstanding the provisions of section 3679(b) of the 
Revised Statutes (31 U.S.C. 665(b)). 
CONCENTRATION or 
FEDERAL EFFORTS 
SEC. 204. (a) The Administrator shall implement overall policy and 
42 use 5614. 
develop objectives and priorities for all Federal juvenile delinquency 
programs and activities relating to prevention, diversion, training, 
1114 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
Duties. 
Studies. 
Annual analy-
sis and evalua-
tion, submittal to 
President and 
Congress. 
Annual compre-
hensive plan, 
submittal to 
President and 
Congress. 
Reports to 
Congress and 
Council. 
treatment, rehabilitation, evaluation, research, and improvement of 
the juvenile justice system in the United States. In carrying out his 
functions, the Administrator shall consult with the Council and the 
National Advisory Committee for Juvenile Justice and Delinquency 
Prevention. 
(b) In carrying out the purposes of this Act, the Administrator 
shall— 
(1) advise the President through the Attorney General as to 
all matters relating to federally assisted juvenile delinquency pro-
grams and Federal policies regarding juvenile delinquency; 
(2) assist operating agencies which have direct responsibilities 
for the prevention and treatment of juvenile delinquency in the 
development and promulgation of regulations, guidelines, require-
ments, criteria, standards, procedures, and budget requests in 
accordance with the policies, priorities, and objectives he 
establishes; 
(3) conduct and support evaluations and studies of the per-
formance and results achieved by Federal juvenile delinquency 
programs and activities and of the prospective performance and 
results that might be achieved by alternative programs and activi-
ties supplementary to or in lieu of those currently being 
administered; 
(4) implement Federal juvenile delinquency programs and 
activities among Federal departments and agencies and between 
Federal juvenile delinquency programs and activities and other 
Federal programs and activities which he determines may have 
an important bearing on the success of the entire Federal juvenile 
delinquency effort; 
(5) develop annually with the assistance of the Advisory Com-
mittee and submit to the President and the Congress, after the 
first year the legislation is enacted, prior to September 30, an 
analysis and evaluation of Federal juvenile delinquency programs 
conducted and assisted by Federal departments and agencies, the 
expenditures made, the results achieved, the plans developed, and 
problems in the operations and coordination of such programs. 
The report shall include recommendations for modifications in 
organization, management, personnel, standards, budget requests, 
and implementation plans necessary to increase the effectiveness 
of these programs; 
(6) develop annually with the assistance of the Advisory Com-
mittee and submit to the President and the Congress, after the 
first year the legislation is enacted, prior to March 1, a compre-
hensive plan for Federal juvenile delinquency programs, with 
particular emphasis on the prevention of juvenile delinquency 
and the development of programs and services which will encour-
age increased diversion of juveniles from the traditional juvenile 
justice system; and 
(7) provide technical assistance to Federal, State, and local 
governments, courts, public and private agencies, institutions, and 
individuals, in the planning, establishment, funding, operation, 
or evaluation of juvenile delinquency programs. 
(c) The President shall, no later than ninety days after receiving 
each annual report under subsection (b) (5), submit a report to the 
Congress and to the Council containing a detailed statement of any 
action taken or anticipated with respect to recommendations made by 
each such annual report. 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1115 
(d) (1) The first annual report submitted to the President and the 
^J'^'^^^^l^ '^^P"'"'"' 
Congress by the Administrator under subsection (b) (5) shall contain, 
in addition to information required by subsection (b) (5), a detailed 
statement of criteria developed by the Administrator for identifying 
the characteristics of juvenile delinquency, juvenile delinquency pre-
vention, diversion of youths from the juvenile justice system, and the 
training, treatment, and rehabilitation of juvenile delinquents. 
(2) The second such annual report shall contain, in addition to 
information required by subsection (b)(5), an identification of Fed-
eral programs which are related to juvenile delinquency prevention 
or treatment, together with a statement of the moneys expended for 
each such program during the most recent complete fiscal year. Such 
identification shall be made by the Administiator through the use of 
criteria developed under paragraph (1). 
(e) The third such annual report submitted to the President and 
the Congress by the Administrator under subsection (b) (6) shall 
contain, in addition to the comprehensive plan required by subsection 
(b) (6), a detailed statement of procedures to be used with respect to 
the submission of juvenile delinquency development statements to 
the Administrator by Federal agencies under subsection ("1"). Such 
statement submitted by the Administrator shall include a description 
of information, data, and analyses which shall be contained in each 
such development statement. 
(f) The Administrator may require, through appropriate authority, 
departments and agencies engaged in any activity involving any 
Federal juvenile delinquency program to provide him with such 
information and reports, and to conduct such studies and surveys, as 
he may deem to be necessary to carry out the purposes of this part. 
(g) The Administrator may delegate any of his functions under 
this part, except the making of regulations, to any officer or employee 
of the Administration. 
(h) The Administrator is authorized to utilize the services and 
facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agree-
ments, and to pay for- such services either in advance or by way of 
reimbursement as may be agreed upon. 
(i) The Administrator is authorized to transfer funds appropriated 
under this title to any agency of the Federal Government to develop 
or demonstrate new methods in juvenile delinquency prevention and 
rehabilitation and to supplement existing delinquency prevention and 
rehabilitation programs which the Assistant Administrator finds to be 
exceptionally effective or for which he finds there exists exceptional 
need. 
(j) The Administrator is authorized to make grants to, or enter into 
Grants and 
contracts with, any public or private agency, institution, or individual '^°"""^'^'^-
to carry out the purposes of this part. 
(k) All functions of the Administrator under this part shall be 
coordination 
coordinated as appropriate with the functions of the Secretary of the "'''^ "^*" 
Department of Health, Education, and Welfare under the Juvenile 
Delinquency Prevention Act (42 U.S.C. 3801 et seq.). 
(1)(1) 
The Administrator shall require through appropriate 
Development 
authority each Federal agency which administers a Federal juvenile 
delincjuency program which meets any criterion developed by the 
Administrator under section 204(d)(1) to submit annually to the supra. 
Council a juvenile delinquency development statement. Such state-
ment shall be in addition to an}^ information, report, study, or survey 
which the Administrator may require under section 204(f). 
Federal Govern-
ment services 
facilities. 
tion. 
util 
Transfer of 
funds. 
and 
iza-
statement, sub-
mittal to Council. 
share requirement. 
Establishment. 
1116 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(2) Each juvenile delinquency develoj)ment statement submitted to 
the Administrator under subsection ("1") shall be submitted in accord-
ance with procedures established by the Administrator under section 
204(e) and shall contain such information, data, and analyses as the 
Administrator may require under section 204(e). Such analyses shall 
include an analysis of the extent to which the juvenile delinquency 
program of the Federal agency submitting such development state-
ment conforms with and furthers Federal juvenile delinquency pre-
vention and treatment goals and policies. 
Juvenile deiin- 
/3\ 'j'j^g Admlulstrator shall review and comment upon each juvenile 
quency develop- 
i i- 
i 
i 
• 
T 
i • 
h
i 
ment statement, 
delmqueucy dcvelopmeut statement transmitted to him under sub-
'"^^^^^' 
section ("1"). Such development statement, together with the com-
ments of the Administrator, shall be included by the Federal agencj' 
involved in every recommendation or request made by such agency for 
Federal legislation which significantly affects juvenile delinquency 
prevention and treatment. 
JOINT rUNDING 
42 use 5615. 
gj,^^ 205. Notwithstanding any other provision of law, where funds 
are made available by more than one Federal agency to be used by any 
agency, organization, institution, or individual to carry out a Federal 
juvenile delinquency program or activity, any one of the Federal 
agencies providing funds may be requested by the Administrator to 
Non-Federal 
act foF all in administering the funds advanced. In such cases, a single 
non-Federal share requirement may be established according to the 
proportion of funds advanced by each Federal agency, and the Admin-
istrator may order any such agency to waive any technical grant or 
contract requirement (as defined in such regulations) which is incon-
sistent with the similar requirement of the administering agency or 
which the administering agency does not impose. 
COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
PREVENTION 
SEC. 206. (a) (1) There is hereby established, as an independent 
organization in the executive branch of the Federal Government a 
Coordinating Council on Juvenile Justice and Delinquency Prevention 
(hereinafter referred to as the "Council") composed of the Attorney 
General, the Secretary of Health, Education, and Welfare, the Secre-
tary of Labor, the Director of the Special Action Office for Drug 
Abuse Prevention, the Secretary of Housing and Urban Development, 
or their respective designees, the Assistant Administrator of the Office 
of Juvenile Justice and Delinquency Prevention, the Deputy Assistant 
Administrator of the Institute for Juvenile Justice and Delinquency 
Prevention, and representatives of such other agencies as the President 
shall designate. 
(2) Any individual designated under this section shall be selected 
from individuals who exercise significant decisionmaking authority 
in the Federal agency involved. 
(b) The Attorney General shall serve as Chairman of the Council. 
The Assistant Administrator of the Office of Juvenile Justice and 
Delinquency Prevention shall serve as Vice Chairman of the Council. 
The Vice Chairman shall act as Chairman in the absence of the 
Chairman. 
(c) The function of the Council shall be to coordinate all Federal 
juvenile delinquency programs. The Council shall make recommen-
dations to the Attorney General and the President at least annually 
with respect to the coordination of overall policy and development of 
objectives and priorities for all Federal juvenile delinquency pro-
grams and activities. 
Establishment. 
42 use 5616. 
Membership. 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1117 
(d) The Council shall meet a minimum of six times per year and 
a description of the activities of the Council shall be included in the 
annual report required by section 204(b) (5) of this title. 
(e) (1) The Chairman shall, with the approval of the Council, 
appoint an Executive Secretary of the Council. 
(2) The Executive Secretary shall be responsible for the day-to-
day administration of the Council. 
(3) The Executive Secretary may, Avith the approval of the Coun-
cil, appoint such personnel as he considers necessary to carry out the 
purposes of this title. 
(f) Members of the Council who are employed by the Federal Gov-
ernment full time shall be reimbursed for travel, subsistence, and 
other necessary expenses incurred by them hi cari'vin^ out the duties 
of the Council. 
(g) To carry out the purposes of this section there is authorized to 
be appropriated such sums as may be necessary. 
Meetings. 
Appropriation. 
ADVISORY COMMITTEE 
SEC. 207. (a) There is hereby established a National Advisory Com-
mittee for Juvenile Justice and Delinquency Prevention (hereinafter 
referred to as the "Advisory Committee") which shall consist of 
tAventy-one members. 
(b) The members of the Coordinating Council or their respective 
desig:nees shall be ex officio members of the Committee. 
(c) The regular members of the Advisory Committee shall be 
appointed by the President from persons who by virtue of their train-
ing or experience have special knowledge concerning the prevention 
and treatment of juvenile delinquency or the administration of juve-
nile justice, such as juvenile or family court judges; probation, correc-
tional, or law enforcement personnel; and representatives of private 
voluntary organizations and community-based programs. The Presi-
dent shall designate the Chairman. A majority of the members of the 
Advisory Committee, including the Chairman, shall not be full-time 
employees of Federal, State, or local governments. At least seven mem-
bers shall not hav-e attained twenty-six years of age on the date of their 
appointment. 
(d) Members appointed by the President to the Committee shall 
serve for terms of four years and shall be eligible for reappointment 
except that for the first composition of the Advisory Committee, one-
third of these members shall be appointed to one-year terms, one-third 
to two-year terms, and one-third to three-year terms; thereafter each 
term shall be four years. Such members shall be appointed within 
ninety days after the date of the enactment of this title. Any members 
appomted to fill a vacancy occurring prior to the expiration of the 
tei'm for which his predecessor was appointed, shall be appointed for 
the remainder of such term. 
National Advis-
ory Committee 
for Juvenile Jus-
tice and Delin-
quency Preven-
tion. 
Establishment. 
42 u s e 5617. 
Membership. 
Terms of of-
fice. 
DUTIES OF THE ADVISORY COMMITTEE 
SEC. 208. (a) The Advisory Committee shall meet at the call of the 
(chairman, but not less than four times a year. 
(b) The Advisory Committee shall make recommendations to 
the Administrator at least annually with respect to planning, policy, 
priorities, operations, and management of all Federal juvenile 
delinquency programs. 
(c) The Chairman may designate a subcommittee of the members 
of the Advisory Committee to advise the Administrator on particular 
fnnctions or aspects of the work of the Administration. 
Meetings. 
42 u s e 5618. 
Recommenda-
tions to Adminis-
trator. 
1118 ' 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(d) The Chairman shall designate a subcommittee of five members 
of the Committee to serve, together with the Director of the National 
Institute of Corrections, as members of an Advisory Committee for 
the National Institute for Juvenile Justice and Delinquency Preven-
tion to perform the functions set forth in section 245 of this title. 
(e) The Chairman shall designate a subcommittee of five members 
of the Committee to serve as an Advisory Conmiittee to the Admin-
istrator on Standards for the Administration of Juvenile Justice to 
perform the functions set forth in section 247 of this title. 
(f) The Chairman, with the approval of the Committee, shall 
appoint such personnel as are necessary to carry out the duties of the 
Advisory Committee. 
COMPENSATION AND EXPENSES 
42 u s e 5619. 
SEC. 209. (a) Members of the Advisory Committee who are employed 
by the Federal Government full time shall serve without compensation 
but shall be reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the duties of the Advisory 
Committee. 
(b) Members of the Advisory Committee not employed full time 
by the Federal Government shall receive compensation at a rate not 
to exceed the rate now or hereafter prescribed for GS-18 of the Gen-
noL"^"^ ^^^^ 
®
™
^ Schedule by section 5332 of title 5 of the United States Code, 
including traveltime for each day they are engaged in the performance 
of their duties as members of the Advisory Committee. Members shall 
be entitled to reimbursement for travel, subsistence, and other neces-
sary expenses incurred by them in carrying out the duties of the Advi-
sory Committee. 
PART B—FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS 
Subpart I—Formula Grants 
42 use 5631. 
gj,^ 221. The Administrator is authorized to make grants to States 
and local governments to assist them in planning, establishing, oper-
ating, coordinating, and evaluating projects directly or through 
contracts with public and private agencies for the development of 
more effective education, training, research, prevention, diversion, 
treatment, and rehabilitation programs in the area of juvenile delin-
quency and programs to improve the juvenile justice system. 
ALLOCATION 
42 use 5632. 
S'EC. 222. (a) In accordance with regulations promulgated under 
this part, funds shall be allocated annually among the States on the 
basis of relative population of people under age eighteen. No such 
allotment to any State shall be less than $200,000, except that for the 
Virgin Islands, Guam, American Samoa, and the Trust Territory 
of the Pacific Islands no allotment shall be less than $50,000. 
(b) Except for funds appropriated for fiscal year 1975, if any 
amount so allotted remains unobligated at the end of the fiscal year, 
such funds shall be reallocated in a manner equitable and consistent 
with the purpose of this part. Funds appropriated for fiscal year 1975 
may be obligated in accordance with subsection (a) until June 30,1976, 
after which time they may be reallocated. Any amount so reallocated 
shall be in addition to the amounts already allotted and available 
to the State, the Virgin Islands, American Samoa, Guam, and the 
Trust Territory of the Pacific Islands for the same period. 
Reallocation of 
funds. 
88 STAT. 
PUBLIC LAW 93.415-SEPT. 7, 1974 
1119 
(c) In accordance with regulations promulgated under this part, 
a portion of any allotment to any State under this part shall be avail-
able to develop a State plan and to pay that portion of the expendi-
tures which are necessary for efficient administration. Xot more than 
15 per centum of the total annual allotment of such State shall be 
available for such purposes. The State shall make available needed 
funds for planning and administration to local governments within 
the State on an equitable basis, 
(d) Financial assistance extended under the provisions of this sec-
tion shall not exceed 90 per centum of the approved costs of any 
assisted programs or activities. The non-Federal share shall be made 
in cash or kind consistent with the maintenance of programs required 
by section 261. 
STATE PLANS 
SEC. 223.(a) In order to receive formula grants under this part, a 
State shall submit a plan for carrying out its purposes consistent with 
the provisions of section 303(a), (1), (3), (5), (6), (8), (10), (11), 
(12), and (15) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, In accordance with regulations established under 
this title, such plan must— 
(1) designate the State planning agency established by the 
State under section 203 of such title I as the sole agency for super-
vising the preparation and administration of the plan; 
(2) contain satisfactory evidence that the State agency desig-
nated in accordance with paragraph (1) (hereafter referred to in 
this part as the "State planning agency") has or will have 
authority, by legislation if necessary, to implement such plan in 
conformity with this part; 
(3) provide for an advisory group appointed by the chief exec-
utive of the State to advise the State planning agency and its 
supervisory board (A) which shall consist of not less than twenty-
one and not more than thirty-three persons who have training, 
experience, or special knowledge concerning the prevention and 
treatment of a juvenile delinquency or the administration of 
juvenile justice, (B) which shall include representation of units of 
local government, law enforcement and juvenile justice agencies 
such as law enforcement, correction or probation personnel, and 
juvenile or family court judges, and public agencies concerned 
with delinquency prevention or treatment such as welfare, social 
services, mental health, education, or youth services departments, 
(C) w^hich shall include representatives of private organizations 
concerned with delinquency prevention or treatment; concerned 
with neglected or dependent children; concerned with the quality 
of juvenile justice, education, or social services for children; which 
utilize A^olunteers to work with delinquents or potential delin-
quents; community-based delinquency prevention or treatment 
programs: and organizations which represent employees affected 
by this Act, (D) a majority of whose members (including the 
chairman) shall not be full-time employees of the Federal, State, 
or local government, and (E) at least one-third of whose members 
shall be under the age of twenty-six at the time of appointment; 
(4) provide for the active consultation with and participation 
of local governments in the development of a State plan which 
adequately takes into account the needs and requests of local 
governments; 
Financ 
sistance, 
tion. 
ial as-
, limita-
42 u s e 5633. 
42 u s e 3733. 
Requirements. 
42 u s e 3723. 
Advisory 
group. 
Consultation 
with local gov-
ernments. 
1120 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(5) provide that at least 66% per centum of the funds received 
by the State under section 222 shall be expended through pro-
grams of local government insofar as they are consistent with 
the State plan, except that this provision may be waived at the 
discretion of the Administrator for any State if the services for 
delinquent or potentially delinquent youth are organized pri-
marily on a statewide basis; 
(6) provide that the chief executive officer of the local gov-
ernment shall assign responsibility for the preparation and 
administration of the local government's part of a State plan, or 
for the supervision of the preparation and administration of the 
local government's part of the State plan, to that agency within 
the local government's structure (hereinafter in this part referred 
to as the "local agency") which can most effectively carry out the 
purposes of this part and shall provide for supervision of the pro-
grams funded under this part by that local agency; 
(7) provide for an equitable distribution of the assistance 
received under section 222 within the State; 
^^^'^^^ 
_ (8) set forth a detailed study of the State needs for an effec-
tive, comprehensive, coordinated approach to juvenile delin-
quency prevention and treatment and the improvement of the 
juvenile justice system. This plan shall include itemized esti-
mated costs for the development and implementation of such 
programs; 
(9) provide for the active consultation with and participation 
of private agencies in the development and execution of the 
State plan; and provide for coordination and maximum utiliza-
tion of existing juvenile delinquency programs and other related 
programs, such as education, health, and welfare within the State; 
(10) provide that not less than 75 per centum of the funds 
available to such State under section 222, whether expended 
directly by the State oi' by the local government or through con-
tracts with public or private agencies, shall be used for advanced 
techniques in developing, UKiintaining, and expanding programs 
and services designed to prevent juvenile delinquency, to divert 
juveniles from the juvenile justice system, and to provide com-
munity-based alternatives to juvenile detention and correctional 
facilities. That advanced techniques include— 
(A) comnninity-based programs and services for the pre-
vention and treatment of juvenile delinquency through the 
development of foster-care and shelter-care homes, group 
homes, halfway houses, homemaker and home health services, 
and any other designated community-based diagnostic, treat-
ment, or rehabilitative service; 
(B) community-based programs and services to work with 
parents 
and 
other 
family 
members to maintain 
and 
strengthen the family unit so that the juvenile may be 
retained in his home; 
(C) youth service bureaus and other community-based pro-
grams to divert youth from the j\ivenile court or to support, 
counsel, or provide work and recreational opportunities for 
delinquents and youth in danger of becoming delinquent; 
(D) comprehensive programs of drug and alcohol abuse 
education and prevention and programs for the treatment and 
rehabilitation of drug addicted youth, and "drug dependent" 
youth (as defined in section 2(q) of the Public Health Serv-
ice Act (42 TJ.S.C. 201 ( q ) ) ) ; 
Advanced 
techniques. 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1121 
(E) educational programs or supportive services designed 
to keep delinquents and to encourage other youth to remain 
in elementary and secondary schools or in alternative learn-
ing situations; 
(F) expanded use of probation and recruitment and train-
ing of probation officers, other professional and paraprofes-
sional personnel and volunteers to work effectively with 
youth; 
(G) youth initiated programs and outreach programs 
designed to assist youth who otherwise would not be reached 
by assistance programs; 
(H) provides for a statewide program through the use 
of probation subsidies, other subsidies, other financial incen-
tives or disincentives to units of local government, or other 
effective means, that may include but are not limited to pro-
grams designed to— 
(i) reduce the number of commitments of juveniles to 
any form of juvenile facility as a percentage of the State 
juvenile population; 
(ii) increase the use of nonsecure community-based 
facilities as a percentage of total commitments to juvenile 
facilities; and 
(iii) discourage the use of secure incarceration and 
detention; 
(11) provides for the development of an adequate research, 
training, and evaluation capacity within the State; 
(12) provide within two years after submission of the plan that 
juveniles who are charged with or who have committed offenses 
that would not be criminal if committed by an adult, shall not be 
placed in juvenile detention or correctional facilities, but must 
be placed in shelter facilities; 
(13) provide that juveniles alleged to be or found to be delin-
quent shall not be detained or confined in any institution in which 
: ^ -
they have regular contact with adult persons incarcerated because 
they have been convicted of a crime or are awaiting trial on ci-im-
inal charges; 
(14) provide for an adequate system of monitoring jails, deten-
tion facilities, and correctional facilities to insure that the 
requirements of section 223 (12) and (13) are met, and for annual 
reporting of the results of such monitoring to the Administrator; 
(15) provide assurance that assistance will be available on an 
,_^., 
equitable basis to deal with all disadvantaged youth including, 
but not limited to, females, minority youth, and mentally retarded 
and emotionally or physically handicapped youth; 
(16) provide for procedures to be established for protecting 
the rights of recipients of services and for assuring appropriate 
privacy with regard to records relating to such services provided 
to any individual under the State plan; 
(17) provide that fair and equitable arrangements are made 
to protect the interests of employees affected by assistance under 
this Act. Such protective arrangements shall, to the maximum 
extent feasible, include, without being limited to, such provisions 
as may be necessary for— 
(A) the preservation or rights, privileges, and benefits 
(including continuation of pension rights and benefits) under 
existing collective-bargainmg agreements or otherwise; 
(B) the continuation of collective-bargaining rights; 
1122 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(C) the protection of individual employees against a 
worsening of their positions with respect to their employ-
ment ; 
(D) assurances of employment to employees of any State or 
political subdivision thereof who will be affected by any pro-
gram funded in whole or in part under provisions of this Act; 
(E) training or retraining programs. 
The State plan shall provide for the terms and conditions of the 
protection arrangements established pursuant to this section; 
(18) provide for such fiscal control and fund accounting proce-
dures necessary to assure prudent use, proper disbursement, and 
accurate accounting of funds received under this title; 
(19) provide reasonable assurance that Federal funds made 
available under this part for any period will be so used as to 
supplement and increase (but not supplant), to the extent feasible 
and practical, the level of the State, local, and other non-Federal 
funds that would in the absence of such Federal funds be made 
available for the programs described in this part, and will in no 
event replace such State, local, and other non-Federal funds; 
(20) provide that the State planning agency will from time to 
time, but not less often then annually, review its plan and submit 
to the Administrator an analysis and evaluation of the effective-
ness of the programs and activities carried out under the plan, and 
any modifications in the plan, including the survey of State and 
local needs, which it considers necessary; and 
(21) contain such other terms and conditions as the Adminis-
trator may reasonably prescribe to assure the effectiveness of the 
programs assisted under this title. 
Such plan may at the discretion of the Administrator be incorporated 
into the plan specified in 303(a) of the Omnibus Crime Control and 
42 use 3733. 
gafc Strccts Act. 
(b) The State planning agency designated pursuant to section 
223(a), after consultation with the advisory group referred to in 
section 223(a), shall approve the State plan and any modification 
thereof prior to submission to the Administrator. 
ola'r ^^'"^' ''^' 
^^^ ^ 
Administrator shall approve any State plan and any modi-
^'^°'^'' • 
fication 
thereof that meets the i-equirements of this section. 
(d) In the event that any State fails to submit a plan, or submits a 
plan or any modification thereof, which the Administrator, after rea-
sonable notice and opportunity for hearing, in accordance with sections 
3//^usc 3757- 
509^ 510^ and 511 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, determines does not meet the requirements of this 
section, the Administrator shall make that State's allotment \inder 
the provisions of section 222(a) available to public and private agen-
cies for special emphasis prevention and treatment progi'ams as defined 
in section 224. 
(e) In the event the plan does not meet the requirements of this 
section due to oversight or neglect, rather than explicit and conscious 
decision, the Administrator shall endeavor to make that State's allot-
ment under the provisions of section 222(a) available to public and 
private agencies in that State for special emphasis prevention and 
treatment programs as defined in section 224. 
Subpart II—Special Emphasis Prevention and Treatment Programs 
contrrcts^" 
SEC. 224. (a) The Administrator is authorized to make grants to 
42 use 5634. 
and enter into contracts with public and private agencies, organiza-
tions, institutions, or individuals to— 
Ante, 
p. 1119. 
Notice and 
hearing. 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1123 
(1) develop and implement new approaclies. techniques, and 
methods with respect to juvenile delinquency programs; 
(2) develop and maintain community-based alternatives to 
traditional forms of institutionalization; 
(3) develop and implement effective means of diverting juve-
niles from the traditional juvenile justice and correctional 
system; 
(4) improve the capability of public and private agencies and 
organizations to provide services for delinquents and youths iu 
danger of becoming delinquent; 
(5) facilitate the adoption of the recommendations of the 
Advisory Committee on Standards for Juvenile Justice and the 
Institute as set forth pursuant to section 247; and 
(6) develop and implement model programs and methods to 
keep students in elementary and secondary schools and to pre-
vent unwarranted and arbitrary suspensions and expulsions. 
(b) Not less than 25 per centum or more than 50 per centum of the 
funds appropriated for each fiscal year pursuant to this part shall be 
available only for special emphasis prevention and treatment grants 
and contracts made pursuant to this section. 
(c) At least 20 per centum of the funds available for grants and 
contracts made pursuant to this section shall be available for grants 
and contracts to private nonprofit agencies, organizations, or insti-
tutions who have had experience in dealing with youth. 
CONSIDERATIONS 
FOR APPROVAL OF 
APPLICATIONS 
42 u s e 5635. 
SEC. 225. (a) Any agency, institution, or individual desiring to 
receive a grant, or enter into any contract under section 224, shall 
submit an application at such time, in such manner, and containing 
or accompanied by such infoiination as the Administrator may pre-
scribe. 
(b) In accordance with guidelines established by the Administrator, 
each such application shall— 
(1) provide that the program for wliich assistance is sought 
will be administered by or under the supervision of the applicant; 
(2) set forth a program for carrying out one or more of the 
purposes set forth in section 224; 
(3) provide for the proper and efficient administration of such 
program; 
(4) provide for regular evaluation of the program; 
(5) indicate that the applicant has requested the review of the 
application from the State planning agency and local agency 
designated in section 223, when appropriate, and indicate the 
response of such agency to the request for review and comment 
on the application; 
(6) provide that regular reports on the program shall be sent ^^p°<-i^-
to the Administrator and to the State planning agency and local 
agency, when appropriate; 
(7) provide for such fiscal control and fund accounting pro- 
Fiscal control 
cedures as may be necessary to assure prudent use, proper dis-
bursement, and accurate accounting of funds received under this 
title; and 
(8) indicate the response of the State agency or the local 
agency to the request for review and comment on the application. 
(c) In determining whether or not to approve applications for 
grants under section 224, the Administrator shall consider— 
and fund account-
ing. 
1124 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(1) the relative cost and effectiveness of the proposed program 
in effectuating the purposes of this part; 
(2) the extent to wliich the proposed program will incorporate 
new or innovative techniques; 
(3) the extent to which the proposed program meets the objec-
tives and priorities of the State plan, when a State plan has 
been approved by the Administrator under section 223(c) and 
when the location and scope of the program makes such con-
sideration appropriate; 
(4) the increase in capacity of the public and private agency, 
institution, or individual to provide services to delinquents or 
youths in danger of becoming delinquents; 
(5) the extent to which the proposed project serves communities 
which have high rates of youth unemployment, school dropout, 
and delinquency; and 
(6) the extent to which the proposed program facilitates the 
implementation of the recommendations of the Advisory Com-
mittee on Standards for Juvenile Justice as set forth pursuant to 
section 247. 
GENERAL PROVISIONS 
42 u s e 5636. 
42 u s e 5637. 
Limitations. 
42 u s e 5638. 
Withholding 
SEC. 226. Whenever the Administrator, after giving reasonable 
notice and opportunity for hearing to a recipient of financial assistance 
under this title, finds— 
(1) that the program or activity for which such grant was 
made has been so changed that it no longer complies with the 
provisions of this title; or 
(2) that in the operation of the program or activity there is 
failure to comply substantially with any such provision; 
the Administrator shall initiate such proceedings as are appropriate, 
USE OF FUNDS 
SEC. 227. (a) Funds paid pursuant to this title to any State, public 
or private agency, institution, or individual (whether directly or 
through a State or local agency) may be used for— 
(1) planning, developing, or operating the program designed 
to carry out the purposes of this part; and 
(2) not more than 50 per centum of the cost of the construction 
of innovative community-based facilities for less than twenty 
persons which, in the judgment of the Administrator, are neces-
sary for carrying out the purposes of this part. 
(b) Except as provided by subsection (a), no funds paid to any 
public or private agency, institution, or individual under this part 
(whether directly or through a State agency or local agency) may be 
used for construction. 
PAYMENTS 
SEC. 228. (a) In accordance with criteria established by the 
Administrator, it is the policy of Congress that programs funded under 
this title shall continue to receive financial assistance providing that 
the yearly evaluation of such programs is satisfactory. 
(b) At the discretion of the Administrator, when there is no other 
way to fund an essential juvenile delinquency program not funded 
under this part, the State may utilize 25 per centum of the formula 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1125 
grant funds available to it under this part to meet the non-Federal 
matching share requirement for any other Federal juvenile delin-
quency program grant. 
(c) Whenever the Administrator determines that it will contribute 
to the purposes of this part, he may require the recipient of any grant 
or contract to contribute money, facilities, or services. 
(d) Payments under this part, pursuant to a grant or contract, 
may be made (after necessary adjustment, in the case of grants, on 
account of previously made overpayments or underpayments) in 
advance or by way of reimbursements, in such installments and on such 
conditions as the Administrator may determine. 
PART C—XATIOKAL INSTITUTE FOR JUVKXILK JUSTICE AND 
' 
^^' 
' 
DELINQUENCY PREVENTION 
SEC. 241. (a) Tliere is hereby established within the Juvenile Justice 
4
2
^ ys^^s'esT'' 
and Delinquency Prevention Office a National Institute for Juvenile 
^ 
Justice and Delinquency Prevention. 
(b) The National Institute for Juvenile Justice and Delinquency 
Prevention shall be under the supei-vision and dire(;tion of the Assist- 
• 
-
^ - ; 
ant Administrator, and shall be headed by a Deputy Assistant 
. ; . • ; < : . 
Administrator of the Office appointed under section 201(f). 
(c) The activities of the National Institute for Juvenile Justice and 
Delinquency Prevention shall be coordinated Avith the activities of the 
National Institute of Law Enforcement and (^riminal Justice in 
accordance with the requirements of section 201(b). 
(d) The Administrator shall have responsibility for the administra-
tion of the organization, employees, eni-ollees. financial affairs, and 
other operations of the Institute. 
(e) The Administrator may delegate his poAver under tlie Act to 
such employees of the Institute as he deems appi'opriate. 
(f) It shall be the purpose of the Institute to provide a coordinating 
^"^^^ coiiec-
center for the collection, preparation, and dissemination of useful data ^°"' 
regarding the treatment and control of juvenile offenders, and it shall 
also be the purpose of the Institute to pi-ovide training for representa- 
Training. 
tives of Federal, State, and local law enforcement officers, teachers, 
and other educational personnel, juvenile welfare workers, juvenile 
judges and judicial personnel, probation peisonnel, correctional per-
sonnel and other persons, including lay personnel, connected with the 
treatment and control of juvenile offenders. 
(g) In addition to the other powers, express and implied, the Insti- 
Additional 
tute may— 
(1) request any Federal agency to supply such statistics, data, 
program reports, and other material as the Institute deems neces-
sary to cany out its functions; 
(2) arrange with and reimburse the heads of Federal agencies 
for the use of personnel or facilities or equipment of such agencies; 
(8) confer with and avail itself of the cooperation, services, 
records, and facilities of State, municipal, or other public or 
private local agencies; 
(4) enter into contracts with public or private agencies, organi-
zations, or individuals, for the partial performance of any func-
tions of the Institute; and 
(5) compensate consultants and members of technical advisory 
councils who are not in the regular full-time employ of the United 
States, at a rate now^ or hereafter prescribed for GS-18 of the 
General Schedule by section 5832 of title 5 of the United States 
powers. 
38-194 ri . "TK - 'TA 
1126 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
5 u s e 5332 
note. 
clearinghouse. 
Code and while away from home, or regular place of business, 
they may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703 of title 5, United 
States Code for persons in the Government service employed 
intermittently, 
(b) Any Federal agency which receives a request from the Institute 
under subsection (g) (1) may cooperate with the Institute and shall, 
to the maximum extent practicable, consult with and furnish infor-
mation and advice to the Institute. 
INFORMATION FUNCTION 
42 use 5652. 
gj,^. £42. The National Institute for Juvenile Justice and Delin-
quency Prevention is authorized to— 
(1) serve as an information bank by collecting systematically 
and synthesizing the data and knowledge obtained from studies 
and research by public and private agencies, institutions, or indi-
viduals concerning all aspects of juvenile delinquency, including 
the prevention and treatment of juvenile delinquency; 
./rfriTLt'n°L 
(^) serve as a clearinghouse and information center for the 
preparation, publication, and dissemination of all information 
regarding juvenile delinquency, including State and local juvenile 
delinquency prevention and treatment programs and plans, avail-
ability of resources, training and educational programs, statistics, 
and other pertinent data and information. 
RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS 
42 use 5653. 
Q^(. 243. The National Institute for Juvenile Justice and Delin-
quency Prevention is authorized to— 
(1) conduct, encourage, and coordinate research and evaluation 
into any aspect of juvenile delinquency, particularly with regard 
to new programs and methods which show promise of making a 
contribution toward the prevention and treatment of juvenile 
delinquency; 
(2) encourage the development of demonstration projects in 
new, innovative techniques and methods to prevent and treat 
juvenile delinquency; 
(3) provide for the evaluation of all juvenile delinquency 
programs assisted under this title in order to determine the 
results and the effectiveness of such programs; 
(4) provide for the evaluation of any other Federal, State, 
or local juvenile delinquency program, upon the request of the 
Administrator; 
(5) prepare, in cooperation with educational institutions. Fed-
eral, State, and local agencies, and appropriate individuals and 
private agencies, such studies as it considers to be necessary with 
respect to the prevention and treatment of juvenile delinquency 
and related matters, including recommendations designed to 
promote effective prevention and treatment; 
(6) disseminate the results of such evaluations and research 
and demonstration activities particularly to persons actively 
working in the field of juvenile delinquency; and 
(7) disseminate pertinent data and studies (including a periodic 
journal) to individuals, agencies, and organizations concerned 
with the prevention and treatment of juvenile delinquency. 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1127 
TRAINING FUNCTIONS 
SEC. 244. The National Institute for Juvenile Justice and Delin- 
^^ use 5654. 
quency Prevention is authorized to— 
(1) develop, conduct, and provide for training programs for 
the training of professional, paraprofessional, and volunteer per-
sonnel, and other persons who are or who are preparing to work 
with juveniles and juvenile ojfl'enders; 
(2) develop, conduct, and provide for seminars, workshop, and 
training programs in the latest proven effective techniques and 
methods of preventing and treating juvenile delinquency for law 
enforcement officers, juvenile judges, and other court personnel, 
probation officers, correctional personnel, and other Federal, State, 
and local government personnel who are engaged in work relating 
to juvenile delinquency ; 
(3) devise and conduct a training jjrogram, in accordance with 
the provisions of sections 249, 250, and 251, of short-term instruc-
tion in the latest proven-effective methods of prevention, control, 
and treatment of juvenile delinquency for correctional and law 
enforcement personnel, teachers and other educational personnel, 
juvenile welfare workers, juvenile judges and judicial personnel, 
probation officers, and other persons (including lay personnel) 
connected with the prevention and treatment of juvenile delin-
quency; and 
(4) develop technical training teams to aid in the development 
of training programs in the States and to assist State and local 
agencies which work directly with juveniles and juvenile 
offenders. 
I N S T I T U T P : ADVISORY COMMriTEK 
SEC. 245. The Advisory Committee for the National Institute for 
^2 use 5655. 
Juvenile Justice and Delinquency Prevention established in section 
208(d) shall advise, consult with, and make recommendations to the 
Deputy Assistant Administrator foi' the National Institute for Juve-
nile Justice and Delinquency Prevention concei'ning the overall policy 
and operations of the Institute. 
ANNUAL REPORT 
SEC. 246. The Deputy Assistant Administrator for the National 
^2 use seso. 
Institute for Juvenile Justice and Delinquency Prevention shall 
develop annually and submit to the Administrator after the first year 
the legislation is enacted, prior to June 30, a report on research, demon-
stration, training, and evaluation programs funded under this title, 
including a review of the results of such programs, an asse.c^sment of 
the application of such results to existing and to new juvenile delin-
quency programs, and detailed recommendations for future research, 
demonstration, training, and evaluation programs. The Administrator 
shall include a summary of these results and recommendations in his 
report to the President and Congress required by suction 204(b) (5). 
D E V E L O I ' M E N T O F STANDARDS FOR J U V E N I L E JUSTICE 
SEC. 247. (a) The National Institute for Juvenile Justice and Delin- 
^^ "^^ 5657. 
quency Prevention, under the supervision of the Advisory Committee 
on Standards for Juvenile Justice established in section 208(e), shall 
review existing reports, data, and standards, relating to the juvenile 
justice system in the United States. 
Report to Presi-
dent and Con-
1128 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
denranTco^n-'''' 
i^) ^^^ ^^^^^' !^^^^^ ^"^ ^611? after the passRoe of this section, the 
gress. 
Advisory Committee shall submit to the Pi-esideiit and the Congress 
a report which, based on recommended standards for the administra-
tion of juvenile justice at the Federal, State, and local level— 
(1) recommends Federal action. includin<2; but not limited to 
administrative and legislative action, required to facilitate the 
adoption of these standards throughout the United States; and 
(2) recommends State and local action to facilitate the adop-
tion of these standards for juvenile justice at the State and local 
level. 
(c) Each department, agency, and instrumentality of the executive 
branch of the Govei-nment, including independent agencies, is author-
ized and directed to furnish to the Advisory (^ommittee such informa-
tion as the Couimittee deems necessary to carry out its functions under 
this section. 
Records, dis- 
gj,^_ 248. Rccords containing the identity of individual juveniles 
fer,''restri^ction!'" 
gathered for pui'poses pursuant to this title may under no circum-
42 use 5658. 
stances be disclosed or transferred to any individual or other agency, 
public, or private. 
Information 
availability. 
42 u s e 5659. 
ESTABLISHMENT OF TRAINING 
PROGRAM 
SEC. 249. (a) The Administrator shall establish within the Institute 
a training program designed to train enrollees with respect to methods 
and techniques for the prevention and treatment of juvenile delin-
quency. In carrying out this program the Administrator is authorized 
to make use of available State and local services, equipment, personnel, 
facilities, and the like. 
(b) Enrollees in the training program established under this section 
shall be drawn from correctional and law enforcement personnel, 
teachers and other educational personnel, juvenile welfare workers, 
juvenile judges and judicial personnel, probation officers, and other 
persons (including lay personnel) connected with the prevention and 
treatment of juvenile delinquency. 
CURRICULUM FOR TRAINING PROGRAM 
4 2 use 5 660. 
^^^ 250. The Administrator shall design and supervise a curricu-
lum for the training program established by section 249 which shall 
utilize an interdisciplinary approach with respect to the prevention 
of juvenile delinquency, the treatment of juvenile delinquents, and 
the diversion of youths from the juvenile justice system. Such cur-
riculum shall be appropriate to the needs of the enrollees of the 
training program. 
Application. 
42 u s e 5661. 
Travel ex-
penses. 
ENROLLMENT FOR TRAINING 
PROGRAM 
SEC. 251. (a) Any person seeking to enroll in the training program 
established under section 249 shall transmit an application to the 
Administrator, in such form and according to such procedures as the 
Administrator may prescribe. 
(b) The Administrator shall make the final determination with 
respect to the admittance of any person to the training program. The 
Administrator, in making such determination, shall seek to assure that 
persons admitted to the training program are broadly representative 
of the categories described in section 249(b). 
(c) While studying at the Institute and while traveling in connec-
tion with his study (including authorized field trips), each person 
enrolled in the Institute shall be allowed travel expenses and a per 
STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1129 
diem allowance in the same manner as prescribed for persons employed 
intermittently in the Government service under section 5708(b) of 
title 5. United States Code. 
PART D—AuTHORizAnoN OF APPROPRIATIONS 
SEC. 261. (a) To carry out the purposes of this title there is author-
ized to be appropriated $75,000,000 for the fiscal year ending June 30, 
1975, $125,000,000 for the fiscal year ending June 30, 1976, and 
$150,000,000 for the fiscal year ending June 30, 1977. 
(b) In addition to the funds appropriated under this section, the 
Administration shall maintain from other Law Enforcement Assist-
ance Administration appropriations other than the appropriations for 
administration, at least the same level of financial assistance foi- juve-
nile delinquency programs assisted by the Law Enforcemejit Assist-
since Administnition during fiscal year 1972. 
42 use 567 1. 
Additional 
funds. 
X()M)ISCRIMINATION PROVISIONS 
SEC. 262. (a) No financial assistance for any pi'ogram under this 
Act shall be provided unless the grant, contract, or agi-eement wdth 
r-espect to such program specifically provides that no recipient of funds 
will disci'iminate as provided in subsection (b) with respect to any 
such program. 
(b) Xo person in the United States shall on the ground of race, 
creed, color, sex, or national origin be excluded from participation in, 
be denied the benefits of, be subjected to discrimination under, or be 
denied employment in connection with any program or activity receiv-
ing assistance under this Act. The provisions of the preceding sen-
tence shall be enforced in accordance with section 603 of the Civil 
Rights Act of 1964. Section 603 of such Act shall apply with respect 
to any action taken to enforce such sentence. This section shall not be 
construed as affecting any other legal I'emedy that a person may have 
if such pei'son is excluded from participation in, denied the benefits 
of, subjected to discrimination under, or denied employment in con-
nection with any program or activity receiving assistance under this 
Act. 
EFFECTIVE CLAUSE 
SEC. 263. (a) Except as provided by subsection (b), the foregoing 
provisions of this Act shall take effect on the date of enactment of 
this Act. 
(b) Section 204(b) (5) and 204(b) (6) shall become effective at the 
close of the thirty-first day of the twelfth calendar month of 1974. 
Section 204(1) shall become effective at the close of the thirty-first 
day of the eighth calendar month of 1976. 
TITLE III—RUNAWAY 
YOUTH 
SHORT TITLE 
SEC. 301. This title may be cited as the ''Runaway Youth Act''. 
FINDINGS 
SEC. 302, The Congress hereby finds that— 
(1) the number of juveniles who leave and remain away from 
home without parental permission has increased to alarming pro-
portions, creating a substantial law enforcement problem for the 
42 
use 5672. 
42 
use 2000d-2. 
42 
use 5601 
note. 
Runaway Youth 
Act. 
42 
use 5701 
note. 
42 
use 5701. 
1130 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
communities inundated, and significantly endangering the young 
people who are without resources and live on the street; 
(2) the exact nature of the problem is not well defined because 
national statistics on the size and profile of the runaway youth 
population are not tabulated; 
(3) many such young people, because of their age and situa-
tion, are urgently in need of temporary shelter and counseling 
services; 
(4) the problem of locating, detaining, and returning runaway 
children should not be the responsibility of already overburdened 
police departments and juvenile justice authorities; and 
(5) in view of the interstate nature of the problem, it is the 
responsibility of the Federal Government to develop accurate 
reporting of the problem nationally and to develop an effective 
system of temporary care outside the law enforcement structure. 
RULES 
42 u s e 5702. 
SEC. 303. The Secretary of Health, Education, and Welfare (here-
inafter referred to as the "Secretary") may prescribe such rules as he 
considers necessary or appropriate to carry out the purposes of this 
title. 
PART A—GRANTS PROGRAM 
PURPOSES o r 
GRANT 
PROGRAM 
Localities and 
g 
^^^ rpj^ Secretary is siuthorized to make grants and to provide 
nonprofit agen- 
, 
, 
• 
i 
• , 
. 
^ 
I\L- 
J 
C^ 
• 
i 
• 
• 
cies, assistance, tcchuical assistauce to localities and nonprotit private agencies m 
42 use 5711. 
accordance with the provisions of this part. Grants under this part 
shall be made for the purpose of developing local facilities to deal 
primarily with the immediate needs of runaway youth in a manner 
which is outside the law enforcement structure and juvenile justice 
sj^stem. The size of such grant shall be determined by the number of 
runaway youth in the community and the existing availability of 
services. Among applicants priority shall be given to private organiza-
tions or institutions which have'had past experience in dealing with 
runaway youth. 
ELIGIBILITY 
4 2 use 5712. 
gj,^ gT|^2, (a) To bc eligible for assistance under this part, an appli-
cant shall propose to establish, strengthen, or fund an existing or 
proposed runaway house, a locally controlled facility providing tem-
porary shelter, and counseling services to juveniles who have left 
home without permission of their parents or guardians. 
(b) In order to qualify for assistance under this part, an applicant 
shall submit a plan to the Secretary meeting the following require-
re^n^rZZt^r^^' 
^^^^^ ^^^ iucluding the following information. Each house— 
(1) shall be located in an area which is demonstrably frequented 
by or easily reachable by runaway youth; 
(2) shall have a maximum capacity of no more than twenty 
children, with a ratio of staff to children of sufficient portion to 
assure adequate supervision and treatment; 
(3) shall develop adequate plans for contacting the child's 
parents or relatives (if such action is required by State law) and 
assuring the safe return of the child according to\he best interests 
of the child, for contacting local government officials pursuant to 
informal arrangements established with such officials by the run-
away house, and for providing for other appropriate alternative 
living arrangements; 
88 STAT. 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1131 
(4) shall develop an adequate plan for assiiiing propei- rela-
tions with law enforcement pei'soniiel. and the retiii-n of j-nnaAvny 
youths from correctional institutions; 
(5) shall develop an adequate plan for aftercare counseling 
involving runaway youth and their parents within the State in 
which the runaway house is located and for assuring, as possible, 
that aftercase services wUl be provided to those children who are 
returned beyond the State in wdiich the runaway house is located; 
(6) shall keep adequate statistical records profiling the children 
and parents which it serves, except that records maintained on 
individual runaway youths shall not be disclosed Avithout parental 
consent to anyone other than another agency compiling statistical 
records or a government agency involved in the disposition of 
criminal charges against an individual runaway youth, and 
reports or other documents based on such statistical records shall 
not disclose the identity of individual i-unaway youths; 
(7) shall submit annual reports to the Secretary detailing how 
the house has been able to jneet the goals of its plans and report-
ing the statistical summaries required by j^aragraph (6) ; 
(8) shall demonstrate its ability to operate under accounting 
procedures and fiscal control devices as required by the Secretary; 
(9) shall submit a budget estimate wath respect to the plan 
submitted by such house under this subsection; and 
(10) shall supply such other information as the Secretary 
reasonably deems necessary. 
Aftercare 
counseling. 
Records, infor-
mation disclosure, 
restriction. 
Annual reports 
to Secretary. 
Budget esti-
mate. 
APPROVAL BY SECRETARY 
SEC. 313. An a^jplication by a State, locality, or nonpiofit private 
agency for a grant under this part may be approved by the Secre-
tary only if it is consistent with the applicable provisions of this 
part and meets the requirements set forth in section 312. Priority shall 
be given to grants smaller than $75,000. In considering grant applica-
tions inider this part, ])riority shall be given to any applicant whose 
program budget is smaller than $100,000. 
42 u s e 5713. 
GRANTS TO PRIVATE ACENC^IES. STAFFING 
SEC. 314. Nothing in this part shall be consti'ued to deny grants to 
nonprofit private agencies which are fully controlled by piivate boards 
or persons but which in other respects meet the requirements of this 
part and agree to be legally responsible for the operation of the 
runaway house. Nothing in this pait shall giA^e the Federal Govern-
ment control over the staffing and personnel decisions of facilities 
receiving Federal funds. 
REPORTS 
SEC. 315, The Secretary shall annually repoit to the Congress on the 
status and accomplishments of the runaw\ay houses which are funded 
under this part, with particular attention to—-
(1) their effectiveness in alleviating the problems of runaway 
youth; 
(2) their ability to reunite children with their families and to 
encourage the resolution of intrafamily problems through counsel-
ing and other services; 
(3) their effectiveness in strengthening family relationships 
and encouraging stable living conditions for children; and 
42 u s e 5714. 
Report to eor 
jress. 
42 u s e 5715. 
1132 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
(4) their effectiveness in helping youth decide upon a future 
course of action. 
FEDERAL SHARE 
42 use 5716. 
g^^^ g
-
j
^
g
^ ^^^^ rpj^^ Federal share for the acquisition and renovation 
of existing structures, the provision of counseling services, staff train-
ing, and the general costs of operations of such facility's budget for 
any fiscal year shall be 90 per centum. The non-Federal share may be 
in cash or in kind, fairly evaluated by the Secretary, including plant, 
equipment, or services. 
Payments. 
(j^^ Paymcuts uuder this section may be made in installments, in 
advance, or by way of reimbursement, with necessary adjustments on 
account of overpayments or underpayments. 
PART B—STATISTICAL SURVEY 
SURVEY; REPORT 
Non-Federal 
share. 
42 use 5731. 
Report to eon-
gress. 
SEC. 321. The Secretary shall gather information and carry out a 
comprehensive statistical survey defining the major characteristic of 
the runaway youth population and determining the areas of the 
Nation most affected. Such survey shall include the age, sex, and socio-
economic background of runaway youth, the places from which and to 
which children run, and the relationship between running away and 
other illegal behavior. The Secretary shall report the results of such 
information gathering and survey to the Congress not later than 
June 30,1975. 
RECORDS 
tri^'rfel°TeTtr°ic 
^^"^" '^^^- R^cords coiitaiuing the identity of individual runaway 
tion. ' 
youths gathered for statistical purposes pursuant to section 321 may 
42 use 5 732. 
under no circumstances be disclosed or transferred to any individual 
or to any public or private agency. 
PART C—AUTHORIZATION or ArpROPRiATiONS 
42 use 5751. 
gK(._ 331 (a) To carry out the purposes of part A of this title there 
is authorized to be appropriated for each of the fiscal years ending 
June 30, 1975, 1976, and 1977, the sum of $10,000,000. 
(b) To carry out the purposes of part B of this title there is 
authorized to be appropriated the sum of $500,000. 
TITLE IV—EXTENSION AND AMENDMENT OF T H E 
JUVENILE DELINQUENCY PREVENTION ACT 
42 
use 3811. 
42 
use 
3812-
3814. 
YOUTH DEVELOPMENT DEMONSTRATIONS 
SEC. 401. Title I of the Juvenile Delinquency Prevention Act is 
amended (1) in the caption thereof, by inserting "AND DEMON-
STRATION PROGRAMS" after "SERVICES"; (2) following the 
caption thereof, by inserting "PART A-—COMMUNITY-BASED COORDI-
NATED YOUTH SERVICES"; (3) in sections 101, 102(a), 102(b)(1), 
102(b) (2),103(a) (includingparagraph (1) thereof), 104(a) (includ-
ing paragraphs (1), (4), (5), (7), and (10) thereof), and 104(b) by 
striking out "title" and inserting "part" in lieu thereof; and (4) by 
inserting at the end of the title following new part: 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1133 
"PART B—DEMONSTRATIONS IN YOUTH DEVELOPMENT 
"SEC. 105. (a) For the purpose of assisting the demonstration of 
Grants. 
innovative approadies to youth development and the prevention and 
^^ ^^^ ^^^^ 
treatment of delinquent behavior (including payment of all or part of 
the costs of minor remodeling or alteration), the Secretary may make 
grants to any State (or political subdivision thereof), any agency 
thereof, and any nonprofit private agency, institution, or organization 
that submits to tlie Secretary, at such time and in such form and man-
ner as the Secretary's regulations shall prescribe, an application con-
taining a description of the purposes for which the grant is sought, and 
assurances satisfactory to the Secretary that the applicant will use 
the grant for the purposes for w^hich it is provided, and wall comply 
with such requirements relating to the submission of reports, methods 
of fiscal accounting, the inspection and audit of records and other mate-
rials, and such other rules, regulations, standards, and procedures, as 
the Secretary may impose to assure the fulfillment of the purposes of 
this Act. 
" (b) Xo demonstration may be assisted by a gi-ant under this section 
Limitation. 
for more than one year." 
CONSULTATION 
SEC. 402. (a) Section 408 of such Act is amended by adding at the 
"^^ ^^*^ •^^^^• 
end of subsection (a) thereof the following ncAv subsection : 
"(b) The Secretary shall consult with the Attorney General for the 
purpose of coordinating the development and implementation of pro-
grams and activities funded under this Act with those related pro-
grams and activities funded under the Omnibus Crime Control and 
Safe Streets Act of 1968"; 
and by deleting subsection (b) thereof. 
(b) Section 409 is repealed. 
REPEAL OF M I N I M U M STATE ALLOTMENTS 
SEC. 408. Section 403(b) of such Act is repealed, and section 403(a) 
of such Act is redesignated section 403. 
EXTENSION 
OF PROORAM 
SEC. 404. Section 402 of such Act, as amended by this Act, is further 
42 use 3882. 
amended in the first sentence by inserting after "fiscal year" the follow-
ing : "and such sums as may be necessary for fiscal year 1975". 
TITLE V—JillSCELLANEOUS AND CONFORMING 
AMENDMENTS 
PART A—AMENDMENTS TO THE FEDERAL JUVENILE 
DELINQUENCY ACT 
SEC. 501. Section 5031 of title 18, United States Code, is amended 
to read as follows: 
"§ 5031. Definitions 
"For the purposes of this chapter, a 'juvenile' is a person Avho has not 
attained his eighteenth birthday, or for the purpose of proceedings 
and disposition under this chapter for an alleged act of juvenile delin-
quency, a person who has not attained his tw^enty-first birthday, and 
'juvenile delinquency' is the violation of a law of the United States 
committed by a person prior to his eighteenth birthday which would 
have been a crime if committed by an adult." 
42 
use 
note. 
Repeal. 
42 use 
42 use 
3701 
3889 
3883 
1134 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
DEI.INQUENCY PROCEEDINGS I N DISTRICT COURTS 
SEC. 502. Section 5032 of title 18, United States Code, is amended 
to read as follows: 
*
*
§ 5032. Delinquency proceedings in district courts; transfer for 
criminal prosecution 
"A juvenile alleged to have committed an act of juvenile delin-
quency shall not be proceeded against in any court of the United States 
unless the Attorney General, after investigation, certifies to an appro-
priate district court of the United States that the juvenile court or 
other appropriate court of a State (1) does not have jurisdiction or 
refuses to assume jurisdiction over said juvenile with respect to such 
alleged act of juvenile delinquency, or (2) does not have available 
programs and services adequate for the needs of juveniles. 
"If the Attorney General does not so certify, such juvenile shall be 
surrendered to the appropriate legal authoi'ities of such State. 
"If an alleged juvenile delinquent is not surrendered to the 
authorities of a State or the District of Columbia pursuant to this 
section, any proceedings against him shall be in an appropriate district 
court of the United States. For such purposes, the court may be con-
vened at any time and place within the district, in chambers or other-
wise. The Attorney General shall proceed by information, and no 
criminal prosecution shall be instituted for the alleged act of juvenile 
delinquency except as provided below. 
"A juvenile who is alleged to have committed an act of juvenile 
delinquency and who is not surrendered to State authorities shall 
be proceeded against under this chapter unless he has requested in 
writing upon advice of counsel to be proceeded against as an adult, 
except that, with respect to a juvenile sixteen years and older alleged 
to have committed an act after his sixteenth birthday which if 
committed by an adult would be a felony punishable by a maximum 
penalty of ten years imprisonment or more, life imprisonment, or 
death, criminal prosecution on the basis of the alleged act may be 
begun by motion to transfer of the Attorney General in the appro-
priate district court of the United States, if such court finds, after 
hearing, such transfer would be in the interest of justice. 
"Evidence of the following factors shall be considered, and findings 
with regard to each factor shall be made in the record, in assessing 
whether a transfer would be in the interest of justice: the age and 
social background of the juvenile; the nature of the alleged offense; 
the extent and nature of the juvenile's prior delinquency record; the 
juvenile's 
present 
intellectual 
development 
and 
psychological 
maturity; the nature of past treatment efforts and the juvenile's 
response to such efforts; the availability of programs designed to treat 
the juvenile's behavioral problems. 
"Reasonable notice of the transfer hearing shall be given to the 
juvenile, his parents, guardian, or custodian and to his counsel. The 
juvenile shall be assisted by counsel during the transfer hearing, and 
at every other critical stage of the proceedings. 
"Once a juvenile has entered a plea of guilty or the proceeding has 
reached the stage that evidence has begun to be taken with respect to a 
crime or an alleged act of juvenile delinquency subsequent criminal 
prosecution or juvenile proceedings based upon such alleged act of 
delinquency shall be barred. 
88 STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1135 
"Statements made by a juvenile prior to or during a transfer hear-
ing under this section shall not be admissible at subsequent criminal 
prosecutions." 
CUSTODY 
SEC. 503. Section 5033 of title 18, United States Code is amended 
to read as follows: 
**§5033. Custody prior to appearance before magistrate 
"Whenever a juvenile is taken into custody for an alleged act of 
juvenile delinquency, the arresting officer shall immediately advise 
such juvenile of his legal rights, in language comprehensive to a 
juvenile, and shall immediately notify the Attorney General and the 
juvenile's parents, guardian, or custodian of such custody. The arrest-
ing officer shall also notify the parents, guardian, or custodian of the 
rights of the juvenile and of the nature of the alleged offense. 
"The juvenile shall be taken before a magistrate forthwith. In no 
event shall the juvenile be detained for longer than a reasonable period 
of time before being brought before a magistrate." 
DUTIES OF 
MAGISTRATE 
SEC. 504. Section 5034 of title 18, United States Code, is amended 
to read as follows: 
"§5034. Duties of magistrate 
"The magistrate shall insure that the juvenile is represented by ^ ^counse""*'*"" 
counsel before proceeding with critical stages of the proceedings. 
Counsel shall be assigned to represent a juvenile when the juvenile 
and his parents, guardian, or custodian are financially unable to obtain 
adequate representation. In cases where the juvenile and his parents, 
guardian, or custodian are financially able to obtain adequate repre-
sentation but have not retained counsel, the magistrate may assign 
counsel and order the payment of reasonable attorney's fees or may 
direct the juvenile, his parents, guardian, or custodian to retain private 
counsel within a specified period of time. 
"The magistrate, may appoint a guardian ad litem if a parent or 
uafdi°a'"'"''^"' '^^ 
guardian of the juvenile is not present, or if the magistrate has reason 
to believe that the parents or guardian will not cooperate with the 
juvenile in preparing for trial, or that the interests of the parents or 
guardian and those of the juvenile are adverse. 
"If the juvenile has not been discharged before his initial appear-
ance before the magistrate, the magistrate shall release the juvenile 
to his parents^ guardian, custodian, or other responsible party (includ-
ing, but not limited to, the director of a shelter-care facility upon their 
promise to bring such juvenile before the appropriate court when 
requested by such court unless the magistrate determines, after hear-
ing, at which the juvenile is represented by counsel, that the detention 
of such juvenile is required to secure his timely appearance before the 
appropriate court or to insure his safety or that of others." 
DETENTION 
SEC. 505. Section 5035 of this title is amended to read as follows: 
"§5035. Detention prior to disposition 
^^ "^c 5035 
"A juvenile alleged to be delinquent may be detained only in a 
juvenile facility or such other suitable place as the Attorney General 
1136 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
may designate. Whenever possible, detention shall be in a foster home 
or community based facility located in or near his home commnnity. 
The Attorney General shall not cause any juvenile alleged to be 
delinquent to be detained or confined in any institution in which the 
juvenile has regular contact with adult persons convicted of a crime 
or awaiting trial on criminal charges. Insofar as possible, alleged 
delinquents shall be kept separate from adjudicated delinquents. Every 
juvenile in custody shall be provided with adequate food, heat, light, 
sanitary facilities, bedding, clothing, recreation, education, and medi-
cal care, including necessary psychiatric, psychological, or other care 
and treatment." 
SPEEDY TRIAL 
18 u s e 5036. 
18 u s e 5037. 
Probation or 
commitment, term. 
Notice and 
hearing. 
SEC. 506. Section 5036 of this title is amended to read as follows: 
"§ 5036. Speedy trial 
"If an alleged delinquent who is in detention pending trial is not 
brought to trial within thirty days from the date upon which such 
detention was begun, the information shall be dismissed on motion of 
the alleged delinquent or at the direction of the court, unless the 
Attorne}^ General shows that additional delay was caused by the juve-
nile or his counsel, or consented to by the juvenile and his counsel, or 
would be in the interest of justice in the particular case. Delays attrib-
utable solely to court calendar congestion may not be considered in 
the interest of justice. Except in extraordinary^ circumstances, an 
information dismissed under this section may not be reinstituted.'' 
DISPOSITION 
SEC. 507. Section 5037 is amended to read as folloAvs: 
'*§ 5037. Dispositional hearing 
"(a) If a juvenile is adjudicated delinquent, a sepaiate dispositional 
hearing shall be held no later than twenty court days after trial unless 
the court has ordered further study in accordance with subsection (c). 
Copies of the presentence report shall be provided to the attorneys for 
both the juvenile and the Government a reasonable time in advance of 
the hearing. 
"(b) The court may suspend the adjudication of delinquency or the 
disposition of the delinquent on such conditions as it deems proper, 
place him on probation, or commit him to the custody of the Attorney 
General. Probation, commitment, or commitment in accordance with 
subsection (c) shall not extend beyond the juvenile's twenty-first birth-
day or the maximum term which could have been imposed on an adult 
convicted of the same offense, whichever is sooner, unless the juvenile 
has attained his nineteenth birthday at the time of disposition, in 
which case probation, commitment, or commitment in accordance with 
subsection (c) shall not exceed the lesser of two years or the maximum 
term which could have been imposed on an adult convicted of the same 
offense. 
"(c) If the court desires more detailed information concerning an 
alleged or adjudicated delinquent, it may commit him, after notice and 
hearing at which the juvenile is represented by counsel, to the custody 
of the Attorney General for observation and study by an appropriate 
agency. Such observation and study shall be conducted on an out-
patient basis, unless the court determines that inpatient observation 
and study are necessary to obtain the desired information. In the case 
of an alleged juvenile delinquent, inpatient study may be ordered only 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1137 
with the consent of the juvenile and his attorney. The agency shall 
study. 
make a complete study of the alleged or adjudicated delinquent to 
ascertain his personal traits, his capabilities, his background, any pre-
vious delinquency or criminal experience, any mental or physical 
defect, and any other relevant factors. The Attorney General shall sub-
mit to the court and the attorneys for the juvenile and the Government 
the results of the study within thirty days after the commitment of the 
juvenile, unless the court grants additional time." 
JUVENILE RECORDS 
SEC. 508. Section 5038 is added, to read as follows: 
"§5038. Use of juvenile records 
is use 5038. 
"(a) Throughout the juvenile delinquency proceeding the court 
shall safeguard the records from disclosure. Upon the completion of 
any juvenile delinquency proceeding whether or not there is an adjudi-
cation the district court shall order the entire file and record of such 
proceeding sealed. After such sealing, the court shall not release these 
records except to the extent necessary to meet the 
following 
circumstances: 
" (1) inquiries received from another court of law; 
"(2) inquiries from an agency preparing a presentence report 
for another court; 
" (3) inquiries from law enforcement agencies where the request 
for information is related to the investigation of a crime or a posi-
tion within that agency; 
"(4) inquiries, in writing, from the director of a treatment 
agency or the director of a facility to which the juvenile has been 
committed by the court; and 
" (5) inquiries from an agency considering the person for a posi-
tion immediately and directly affecting the national security. 
Unless otherwise authorized by this section, information about the 
pealed record may not be released wlien the request for information is 
related to an application for employment, license, bonding, or any 
civil right or privilege. Kesponses to such inquiries shall not be differ-
ent from responses made about persons Avho have never been involved 
in a delinnuency proceeding. 
"(b) District courts exercising jurisdiction over any juvenile shall 
inform the juvenile, and his parent or guardian, in writing in clear 
and nontechnical language, of rights r-elating to the sealing of his 
juvenile record. 
"(c) During the course of any juvenile delinquency proceeding, all 
information and records relating to the proceeding, which are obtained 
or prepared in the discharge of an official duty by an employee of the 
court or an employee of any other governmental agency, shall not be 
disclosed directly or indirectly to anyone other than the judge, counsel 
for the juvenile and the government, or others entitled under this sec-
tion to receive sealed records. 
"(d) Unless a juvenile who is taken into custody is prosecuted as 
an adult— 
"(1) neither the fingerprints nor a photograph shall be taken 
without the written consent of the judge; and 
"(2) neither the name nor picture of any juvenile shall be made 
public by any medium of public information in connection with a 
juvenile delinquency proceeding." 
18 u s e 5039. 
1138 
PUBLIC LAW 93-415-SEPT, 7, 1974 
[88 STAT. 
COMMITMENT 
SEC. 509. Section 5039 is added, to read as follows: 
"§5039. Commitment 
"No juvenile committed to the custody of the Attorney General may 
be placed or retained in an adult jail or correctional institution in 
which he has regular contact with adults incarcerated because they 
have been convicted of a crime or are awaiting trial on criminal 
charges. 
"Every juvenile who has been committed shall be provided with 
adequate food, heat, light, sanitary facilities, bedding, clothing, recre-
ation, counseling, education, training, and medical care includmg nec-
essary psychiatric, psychological, or other care and treatment. 
"Whenever possible, the Attorney General shall commit a juvenile 
to a foster home or community-based facility located in or near his 
home community." 
SUPPORT 
SEC. 510. Section 5040 is added, to read as follows: 
"§ 5040. Support 
Contract author- 
"The Attomcy Geuei'al may contract with any public or private 
^' 
agency or individual and such community-based facilities as halfway 
houses and foster homes for the observation and study and the custody 
Regulations. 
.^j-^^j ^.^^.^ ^f juvcniles lu liis custody. For these purposes, the Attorney 
General may promulgate such regulations as are necessary and may 
use the appropriation for 'support of United States prisoners' or such 
other appropriations as he may designate." 
PAROLE 
18 u s e 5040. 
18 u s e 5041. 
18 u s e 5042. 
Notice and 
hearing. 
SEC. 511. Section 5041 is added to read as follows: 
"§ 5041. Parole 
"The Board of Parole shall release from custody, on such conditions 
as it deems necessary, each juvenile delin({uent who has been com-
mitted, as soon as the Board is satisfied that he is likely to remain at 
liberty without violating the law and when such release would be in the 
interest of justice." 
REVOCATION 
SEC. 512. Section 5042 is added to read as follows: 
"§5042. Revocation of parole or probation 
"Any juvenile parolee or probationer shall be accorded notice and a 
hearing with counsel before his parole or probation can be revoked." 
SEC. 513. The table of sections of chapter 403 of this title is amended 
to read as follows: 
"Sec. 
"5031. Definitions. 
"5032. Delinquency proceedings in district courts; transfer for criminal 
prosecution. 
"5033. Custody prior to appearance before magistrate. 
"5034. Duties of magistrate. 
"5035. Detention prior to disposition. 
"5036. Speedy trial. 
"5037. Dispositional hearing. 
"5038. Use of juvenile records. 
"5039. Commitment. 
"5040. Support. 
"5041. Parole. 
"5042. Revocation of parole or probation.". 
STAT. ] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
1139 
PART B—NATIONAL INSTITUTE or CORRECTIONS 
SEC. 521. Title 18, United States Code, is amended by adding a new 
chapter 319 to read as follows: 
''CHAPTER 319.—NATIONAL INSTITUTE OF 
CORRECTIONS 
"SEC. 4351. (a) There is hereby established within the Bureau of 
Prisons a National Institute of Corrections. 
"(b) The overall policy and operations of the National Institute of 
Corrections shall be under the supervision of an Advisory Board. The 
Board shall consist of sixteen members. The following six individuals 
shall serve as members of the Commission ex officio: the Director of 
the Federal Bureau of Prisons or his designee, the Administrator of 
the Law Enforcement Assistance Administration or his designee, 
Chairman of the United States Parole Board or his designee, the 
Director of the Federal Judicial Center or his designee, the Deputy 
Assistant Administrator for the National Institute for Juvenile Jus-
tice and Delinquency Prevention or his designee, and the Assistant 
Secretary for Human Development of the Department of Health, 
Education, and Welfare or his designee. 
"(c) The remaining ten members of the Board shall be selected as 
follows: 
" (1) Five shall be appointed initially by the Attorney General of 
the United States for staggered terms; one member shall serve for one 
year, one member for two years, and three members for three years. 
Upon the expiration of each member's term, the Attorney General 
shall appoint successors who will each serve for a term of three years. 
Each member selected shall be qualified as a practitioner (Federal, 
State, or local) in the field of corrections, probation, or parole. 
"(2) Five shall be appointed initially by the Attorney General of 
the United States for staggered terms, one member shall serve for one 
year, three members for two years, and one member for three years." 
Upon the expiration of each member's term the Attorney General shall 
appoint successors who will each vServe for a term of three years. Each 
member selected shall be from the private sector, such as business, 
labor, and education, having demonstrated an active interest in cor-
rections, probation, or parole. 
"(d) The members of the Board shall not, by reason of such mem-
bership, be deemed officers or employees of the United States. Members 
of the Commission Avho are full-time officers or employees of the United 
States shall serve without additional compensation, but shall be reim-
bursed for travel, subsistence, and other necessary expenses incurred in 
the performance of the duties vested in the Board. Other members of 
the Board shall, Avhile attending meetings of the Board or while 
engaged in duties related to such meetings or in other activities of the 
Commission pursuant to this title, be entitled to receive compensation 
at the rate not to exceed the daily equivalent of the rate authorized for 
GS-18 by section 5332 of title 5, United States Code, including travel-
time, and while away from their homes or regular places of business 
may be allowed travel expenses, including per diem in lieu of subsist-
ence equal to that authorized by section 5703 of title 5, United States 
Code, for persons in the Government service employed intermittently. 
" (e) The Board shall elect a chairman from among its members who 
shall serve for a term of one year. The members of the Board shall 
also elect one or more members as a vice-chairman. 
Establishment. 
18 u s e 4351. 
Membership. 
Compensation 
for expenses. 
5 u s e 5332 
note. 
Chairman and 
vice-chairman. 
1140 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
committees. 
note 
Appointment o
f 
u^f^ ry^^^ BoRTci is autliorized to appoint, without regard to the 
civil service laws, technical, or other advisory committees to advise the 
Institute with respect to the administration of this title as it deems 
appropriate. Member-s of these conmiittees not otherwise employed by 
the United States, while engaged in advising the Institute or attending 
meetings of the committees, shall be entitled to receive compensa-
tion at the rate fixed by the Board but not to exceed the daily equiva-
lent of the rate authorized for GS-18 by section 5332 of title 5, United 
5 use 5332 
States Code, and while away from their homes or regular places of 
business may be allowed travel expenses, including per diem in lieu 
of subsistence equal to that authorized by section 5703 of title 5, United 
States Code, for persons in the Government service employed 
intermittently. 
"(g) The Board is authorized to delegate its powers under this title 
to such persons as it deems appropriate. 
i^i'"*^c'°'"' 
"(h) The Institute shall be under the supervision of an oliicer to 
be known as the Director, who shall be appointed by the Attorney 
General after consultation with the Board. The Director shall have 
authority to supervise the organization, employees, enrollees, finan-
cial affairs, and all other operations of the Institute and nuiy employ 
such staff, faculty, and administrative personnel, subject to the civil 
service and classification laws, as are necessary to the functioning of 
the Institute. The Director shall have the power to acquire and hold 
real and personal property for the Institute and may receive gifts, 
donations, and trusts on behalf of the Institute. The Director shall 
also have the powder to appoint such technical or other advisory coun-
cils comprised of consultants to guide and advise the Board. The 
Director is authorized to delegate his powers under this title to such 
persons as he deems appropriate. 
Additional au- 
"SEC. 4352. (a) In addition to the other powers, express and implied, 
1
8 use 4352. 
t^he National Institute of Corrections shall have authority— 
"(1) to receive from or make grants to and enter into conti'acts 
with Federal, State, and general units of local government, public 
and private agencies, educational institutions, organizations, and 
individuals to carry out the purposes of this chapter; 
"(2) to serve as a clearinghouse and information center for 
the collection, preparation, and dissemination of information on 
corrections, including, but not limited to, programs for preven-
tion of crime and recidivism, training of corrections personnel, 
and rehabilitation and treatment of criminal and juvenile 
offenders; 
"(3) to assist and serve in a consulting capacity to Federal, 
State, and local courts, departments, and agencies in the develop-
ment, maintenance, and coordination of programs, facilities, and 
services, training, treatment, and rehabilitation with respect to 
criminal and juvenile offenders; 
"(4) to encourage and assist Federal, State, and local govern-
ment programs and services, and programs and services of other 
public and private agencies, institutions, and organizations in 
their efforts to develop and implement improved corrections 
programs; 
"(5) to devise and conduct, in various geographical locations, 
seminars, workshops, and training programs for law enforcement 
officers, judges, and judicial personnel, probation and parole per-
sonnel, correctional personnel, welfare workers, and other per-
sons, including lay ex-offenders, and paraprofessional personnel, 
connected with the treatment and rehabilitation of criminal and 
juvenile offenders; 
':imw^amf: 
88 STAT.] 
PUBLIC LAW 93-415-SEPT. 7, 1974 
uu 
"(6) to develop technical training teams to aid in the develop-
ment of seminars, workshops, and training programs within the 
several States and with the State and local agencies which work 
with prisoners, parolees, probationers, and other offenders; 
"(7) to conduct, encourage, and coordinate research relating 
to corrections, including the causes, prevention, diagnosis, and 
treatment of criminal offenders; 
"(8) to formulate and disseminate correctional policy, goals, 
standards, and recommendations for Federal, State, and local 
correctional agencies, organizations, institutions, and personnel; 
"(9) to conduct evaluation programs which study the effective-
ness of new approaches, techniques, systems, programs, and 
devices employed to improve the corrections system; 
"(10) to receive from any Federal department or agency such 
statistics, data, program reports, and other material as the Insti-
tute deems necessary to carry out its functions. Each such depart-
ment or agency is authorized to cooperate with the Institute and 
sliall, to the maximum extent practicable, consult with and fur-
nish information to the Institute; 
"(11) to arrange with and reimburse the heads of Federal 
departments and agencies for the use of personnel, facilities, or 
equipment of such departments and agencies; 
"(12) to confer with and avail itself of the assistance, services, 
records, and facilities of State and local governments or other 
public or private agencies, organizations, or individuals; 
"(13) to enter into contracts with public or private agencies, 
organizations, or individuals, for the performance of any of the 
functions of the Institute; and 
"(14) to procure the services of experts and consultants in 
accordance with section 3109 of title 5 of the United States Code, 
at rates of compensation not to exceed the daily equivalent of the 
rate authorized for GS-18 by section 5332 of title 5 of the United 
States Code. 
"(b) The Institute shall on or before the 31st day of December of 
each year submit an annual report for the preceding fiscal year to the 
President and to the Congress. The report shall include a compre-
hensive and detailed report of the Institute's operations, activities, 
financial condition, and accomplishments under this title and may 
include such recommendations related to corrections as the Institute 
deems appropriate. 
"(c) Each recipient of assistance under this shall keep such records 
as the Institute shall prescribe, including records which fully disclose 
the amount and disposition by such recipient of the proceeds of such 
assistance, the total cost of the project or undertaking in connection 
with which such assistance is given or used, and the amount of that 
portion of the cost of the project or undertaking supplied by other 
sources, and such other records as w411 facilitate an effective audit. 
"(d) The Institute, and the Comptroller General of the United 
States, or any of their duly autliorized representatives, shall have 
access for purposes of audit and examinations to any books, docu-
ments, papers, and records of the recipients that are pertinent to the 
grants received under this chapter. 
"(e) The provision of this section shall apply to all recipients of 
assistance under this title, whether by direct grant or contract from 
the Institute or by subgrant or subcontract from primary grantees or 
contractors of the Institute. 
"SEC. 4353. There is hereby authorized to be appropriated such 
funds as may be required to carry out the purposes of this chapter." 
Contracts. 
Experts and 
consultants. 
5 u s e 5332 
note. 
Annual report 
to President and 
Congress. 
Recordkeeping. 
D2U i;'. 
Appropriation. 
18 u s e 4353. 
38-194 O - 76 - 75 Pt. 1 
42 u s e 3701. 
1142 
PUBLIC LAW 93-415-SEPT. 7, 1974 
[88 STAT. 
PART C 
CONFORMING AMENDMENTS 
SEC, 541. (a) The section titled "DECLARATION AND PURPOSE" in title 
I of the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended by 
inserting immediately after the second paragraph thereof the follow-
ing new paragraph: 
"Congress finds further that the high incidence of delinquency in 
the United States today results in enormous annual cost and im-
measurable loss in human life, personal security, and wasted human 
resources, and that juvenile delinquency constitutes a growing threat 
to the national welfare requiring immediate and comprehensive action 
by the Federal Government to reduce and prevent delinquency.". 
(b) Such section is further amended by adding at the end thereof 
the following new paragraph: 
"It is therefore the further declared policy of Congress to provide 
the necessary resources, leadership, and coordination to (1) develop 
and implement effective methods of preventing and reducing juvenile 
delinquency; (2) to develop and conduct effective programs to prevent 
delinquency, to divert juveniles from the traditional juvenile justice 
system and to provide critically needed alternatives to institutionali-
zation; (3) to improve the quality of juvenile justice in the United 
States; and (4) to increase the capacity of State and local govern-
ments and public and private agencies to conduct effective juvenile 
justice and delinquency prevention and rehabilitation programs and 
to provide research, evaluation, and training services in the field of 
juvenile justice and delinquency prevention.". 
SEC. 542. The third sentence of section 203(a) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 as amended 
(82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended to read as fol-
lows: "The State planning agency and any regional planning units 
within the State shall, within their respective jurisdictions, be repre-
sentative of the law enforcement and criminal justice agencies includ-
ing agencies directly related to the prevention and control of juvenile 
delinquency, units of general local government, and public agencies 
maintaining programs to reduce and control crime, and shall include 
representatives of citizens, professional, and community organizations 
including organizations directly related to delinquency prevention.". 
SEC. 543. Section 303(a) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is amended by adding after the first sen-
tence the following: "In order to receive formula grants under the 
Juvenile Justice and Delinquency Prevention Act of 1974 a State shall 
submit a plan for carrying out the purposes of that Act in accordance 
Ante, p. 1119. 
^^j^j^ |.j^jg gectioii and section 223 of that Act.". 
SEC. 544. Section 520 of title I of the Omnibus Crime Control and 
42 use 3768. 
g^fc Streets Act of 1968 is amended by (1) inserting " ( a ) " after 
"SEC. 520." and (2) by inserting at the end thereof the following: 
"(b) In addition to the funds appropriated under section 261(a) 
Ante, p. 1129. 
fyf ^}^g Juvcnilc Justice and Delinquency Prevention Act of 1974, the 
Administration shall expend from other Law Enforcement Assistance 
Administration appi-opriations, other than the appropriations for 
administration, at least the same level of financial assistance for juve-
nile delinquency programs as was expended by the Administration 
during fiscal year 1972.". 
SEC. 545. Part F of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end thereof the fol-
lowing new sections: 
42 use 3723. 
42 use 3733. 
88 STAT. ] 
PUBLIC LAW 93-416-SEPT. 7, 1974 
IU3 
"SEC. 526. The Administrator is authorized to accept and employ, 
'^^ ^^^ ^'^'^^• 
in carrying out the provisions of this Act, voluntary and uncompen-
sated services notwithstanding the provisions of section 3679(b) of 
the Revised Statutes (31 U.S.C. 665(b)). 
"SEC. 527. All programs concerned with juvenile delinquency and 
^^ use 3773. 
administered by the Administration shall be administered or subject 
to the policy direction of the office established by section 201 (a) of the 
Juvenile Justice and Delinquency Prevention Act of 1974. 
'^"'^' P- ^^^^• 
"SEC. 528. (a) The Administrator is authorized to select, employ, 
'^^ use 3774. 
and fix the compensation of such officers and employees, including 
attorneys, as are necessary to perform the functions vested in him and 
to prescribe their functions. 
"(b) Notwithstanding the provisions of section 5108 of title 5, United 
States Code, and without prejudice with respect to the number of 
positions otherwise placed in the Administration under such section 
5108, the Administrator may place three positions in GS-16, GS-17, 
and GS-18 under section 5332 of such title 5." 
^^usc 533 2 
Approved September 7, 1974. 
note. 
Public Law 93-416 
A N A C T 
September 7, 1974 
To amend chapter 81 of subpart G of title 5, United States Code, relating to 
[H.R. 13871] 
compensation for work injuries, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) section 
Federal empioy-
8101(1) of title 5, United States Code (hereinafter referred to as the ^^work injuries, 
"Act"), is amended by inserting "and" after the semicolon on sub- compensation. ' 
section E(iv) and adding a new paragraph (F) as follows: 
"(F) an individual selected pursuant to chapter 121 of title 28, 
United States Code, and serving as a petit or grand juror and 
28 use isei, 
who is otherwise an employee for the purposes of this subchapter 
as defined by paragraphs (A), (B), (C), (D), and (E) of this 
subsection.". 
(b) Section 8101(2) of the Act is amended by inserting ", podia- 
s use sioi. 
trists, dentists, clinical psychologists, optometrists, chiropractors," 
after "surgeons", and adding after the Avords "State law" a period, 
and the following: "The term 'physician' includes chiropractors only 
to the extent that their reimbursable services are limited to treatment 
consisting of manual manipulation of the spine to correct a subluxa-
tion as demonstrated by X-ray to exist, and subject to regulation by 
the Secretary". 
(c) Section 8101(3) of the Act is amended by inserting "podia-
trists, dentists, clinical psychologists, optometrists, chiropractors," 
after "supplies by", and by inserting before the semicolon ". Reim-
bursable chiropractic services are limited to treatment consisting of 
manual manipulation of the spine to correct a subluxation as demon-
strated by X-ray to exist, and subject to regulation by the Secretary".