
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5616]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
       Part A--Juvenile Justice and Delinquency Prevention Office
 
Sec. 5616. Coordinating Council on Juvenile Justice and 
        Delinquency Prevention
        

(a) Establishment; membership

    (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 composed of the Attorney 
General, the Secretary of Health and Human Services, the Secretary of 
Labor, the Secretary of Education, the Secretary of Housing and Urban 
Development, the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention, the Director of the Office of National Drug 
Control Policy, the Chief Executive Officer of the Corporation for 
National and Community Service, the Commissioner of Immigration and 
Naturalization, such other officers of Federal agencies who hold 
significant decisionmaking authority as the President may designate, and 
individuals appointed under paragraph (2).
    (2)(A) Nine members shall be appointed, without regard to political 
affiliation, to the Council in accordance with this paragraph from among 
individuals who are practitioners in the field of juvenile justice and 
who are not officers or employees of the United States.
    (B)(i) Three members shall be appointed by the Speaker of the House 
of Representatives, after consultation with the minority leader of the 
House of Representatives.
    (ii) Three members shall be appointed by the majority leader of the 
Senate, after consultation with the minority leader of the Senate.
    (iii) Three members shall be appointed by the President.
    (C)(i) Of the members appointed under each of clauses (i), (ii), and 
(iii)--
        (I) 1 shall be appointed for a term of 1 year;
        (II) 1 shall be appointed for a term of 2 years; and
        (III) 1 shall be appointed for a term of 3 years;

as designated at the time of appointment.
    (ii) Except as provided in clause (iii), a vacancy arising during 
the term for which an appointment is made may be filled only for the 
remainder of such term.
    (iii) After the expiration of the term for which a member is 
appointed, such member may continue to serve until a successor is 
appointed.

(b) Chairman and Vice Chairman

    The Attorney General shall serve as Chairman of the Council. The 
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) Functions

    (1) The function of the Council shall be to coordinate all Federal 
juvenile delinquency programs (in cooperation with State and local 
juvenile justice programs) all Federal programs and activities that 
detain or care for unaccompanied juveniles, and all Federal programs 
relating to missing and exploited children. The Council shall examine 
how the separate programs can be coordinated among Federal, State, and 
local governments to better serve at-risk children and juveniles and 
shall make recommendations to the President, and to the Congress, at 
least annually with respect to the coordination of overall policy and 
development of objectives and priorities for all Federal juvenile 
delinquency programs and activities and all Federal programs and 
activities that detain or care for unaccompanied juveniles. The Council 
shall review the programs and practices of Federal agencies and report 
on the degree to which Federal agency funds are used for purposes which 
are consistent or inconsistent with the mandates of paragraphs (12)(A), 
(13), and (14) of section 5633(a) of this title. The Council shall 
review, and make recommendations with respect to, any joint funding 
proposal undertaken by the Office of Juvenile Justice and Delinquency 
Prevention and any agency represented on the Council. The Council shall 
review the reasons why Federal agencies take juveniles into custody and 
shall make recommendations regarding how to improve Federal practices 
and facilities for holding juveniles in custody.
    (2) In addition to performing their functions as members of the 
Council, the members appointed under subsection (a)(2) of this section 
shall collectively--
        (A) make recommendations regarding the development of the 
    objectives, priorities, and the long-term plan, and the 
    implementation of overall policy and the strategy to carry out such 
    plan, referred to in section 5614(a)(1) of this title; and
        (B) not later than 180 days after November 4, 1992, submit such 
    recommendations to the Administrator, the Chairman of the Committee 
    on Education and Labor of the House of Representatives, and the 
    Chairman of the Committee on the Judiciary of the Senate.

(d) Meetings

    The Council shall meet at least quarterly.

(e) Appointment of personnel or staff support by Administrator

    The Administrator shall, with the approval of the Council, appoint 
such personnel or staff support as the Administrator considers necessary 
to carry out the purposes of this subchapter.

(f) Expenses of Council members; reimbursement

    Members appointed under subsection (a)(2) of this section shall 
serve without compensation. Members of the Council shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred by them 
in carrying out the duties of the Council.

(g) Authorization of appropriations

    Of sums available to carry out this part, not more than $200,000 
shall be available to carry out this section.

(Pub. L. 93-415, title II, Sec. 206, Sept. 7, 1974, 88 Stat. 1116; Pub. 
L. 94-237, Sec. 4(c)(5)(D), Mar. 19, 1976, 90 Stat. 244; Pub. L. 95-115, 
Sec. 3(a)(3)(A), (5), (d), Oct. 3, 1977, 91 Stat. 1048-1050; Pub. L. 96-
509, Secs. 8, 19(f), Dec. 8, 1980, 94 Stat. 2753, 2763; Pub. L. 98-473, 
title II, Sec. 623, Oct. 12, 1984, 98 Stat. 2110; Pub. L. 100-690, title 
VII, Secs. 7251(b), 7252(b)(2), 7254, Nov. 18, 1988, 102 Stat. 4435-
4437; Pub. L. 102-586, Sec. 2(d), Nov. 4, 1992, 106 Stat. 4985; Pub. L. 
103-82, title IV, Sec. 405(k), Sept. 21, 1993, 107 Stat. 922.)


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-82 substituted ``the Chief 
Executive Officer of the Corporation for National and Community 
Service'' for ``the Director of the ACTION Agency''.
    1992--Subsec. (a)(1). Pub. L. 102-586, Sec. 2(d)(1)(A), substituted 
``the Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, the Director of the Office of National Drug Control Policy, 
the Director of the ACTION Agency, the Commissioner of Immigration and 
Naturalization, such other officers of Federal agencies who hold 
significant decisionmaking authority as the President may designate, and 
individuals appointed under paragraph (2)'' for ``the Director of the 
Office of Community Services, the Director of the Office of Drug Abuse 
Policy, the Director of the ACTION Agency, the Director of the Bureau of 
Prisons, the Commissioner of the Bureau of Indian Affairs, the Director 
for the Office of Special Education and Rehabilitation Services, the 
Commissioner for the Administration for Children, Youth, and Families, 
and the Director of the Youth Development Bureau, or their respective 
designees, the Assistant Attorney General who heads the Office of 
Justice Programs, the Director of the Bureau of Justice Assistance, the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, the Director of the National Institute of Justice, and 
representatives of such other agencies as the President shall 
designate''.
    Subsec. (a)(2). Pub. L. 102-586, Sec. 2(d)(1)(B), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``Any 
individual designated under this section shall be selected from 
individuals who exercise significant decisionmaking authority in the 
Federal agency involved.''
    Subsec. (c). Pub. L. 102-586, Sec. 2(d)(2), designated existing 
provisions as par. (1), inserted ``(in cooperation with State and local 
juvenile justice programs) all Federal programs and activities that 
detain or care for unaccompanied juveniles,'', ``shall examine how the 
separate programs can be coordinated among Federal, State, and local 
governments to better serve at-risk children and juveniles and'' and 
``and all Federal programs and activities that detain or care for 
unaccompanied juveniles'', and added par. (2).
    Subsec. (f). Pub. L. 102-586, Sec. 2(d)(3), inserted ``Members 
appointed under subsection (a)(2) of this section shall serve without 
compensation.'' before ``Members of the Council'' and struck out ``who 
are employed by the Federal Government full time'' before ``shall be''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Secs. 7251(b), 7252(b)(2), 
struck out ``(hereinafter referred to as the `Council')'' after 
``Coordinating Council on Juvenile Justice and Delinquency Prevention'' 
and ``the Deputy Administrator of the Institute for Juvenile Justice and 
Delinquency Prevention,'' after ``Administrator of the Office of 
Juvenile Justice and Delinquency Prevention,''.
    Subsec. (c). Pub. L. 100-690, Sec. 7254(a)(1)-(3), struck out ``, in 
consultation with the Advisory Board on Missing Children,'' after 
``programs and'' in first sentence, substituted ``shall'' for ``is 
authorized to'' and ``paragraphs (12)(A), (13), and (14) of section 
5633(a) of this title'' for ``section 5633(a)(12)(A) and (13) of this 
title'' in third sentence, and inserted at end ``The Council shall 
review the reasons why Federal agencies take juveniles into custody and 
shall make recommendations regarding how to improve Federal practices 
and facilities for holding juveniles in custody.''
    Subsec. (d). Pub. L. 100-690, Sec. 7254(b), struck out provision 
that annual report required by section 5614(b)(5) of this title include 
a description of the activities of the Council.
    Subsec. (g). Pub. L. 100-690, Sec. 7254(c), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``To carry 
out the purposes of this section there is authorized to be appropriated 
such sums as may be necessary, not to exceed $200,000 for each fiscal 
year.''
    1984--Subsec. (a)(1). Pub. L. 98-473, Sec. 623(a), substituted 
``Office of Community Services'' for ``Community Services 
Administration'', ``Assistant Attorney General who heads the Office of 
Justice Programs'' for ``Director of the Office of Justice Assistance, 
Research, and Statistics'', and ``Director of the Bureau of Justice 
Assistance'' for ``Administrator of the Law Enforcement Assistance 
Administration''.
    Subsec. (c). Pub. L. 98-473, Sec. 623(b), substituted ``delinquency 
programs and, in consultation with the Advisory Board on Missing 
Children, all Federal programs relating to missing and exploited 
children'' for ``delinquency programs''.
    Subsec. (e). Pub. L. 98-473, Sec. 623(c), substituted ``the 
Administrator'' for ``he'' before ``considers necessary''.
    Subsec. (g). Pub. L. 98-473, Sec. 623(d), substituted ``$200,000'' 
for ``$500,000''.
    1980--Subsec. (a)(1). Pub. L. 96-509, Secs. 8(a), 19(f)(1), 
substituted ``the Secretary of Health and Human Services, the Secretary 
of Labor, the Secretary of Education, the Secretary of Housing and Urban 
Development, the Director of the Community Services Administration, the 
Director of the Office of Drug Abuse Policy, the Director of the ACTION 
Agency, the Director of the Bureau of Prisons, the Commissioner of the 
Bureau of Indian Affairs, the Director of the Office of Special 
Education and Rehabilitation Services, the Commissioner for the 
Administration for Children, Youth, and Families, and the Director of 
the Youth Development Bureau, or their respective designees, the 
Director of the Office of Justice Assistance, Research and Statistics, 
the Administrator of the Law Enforcement Assistance Administration, the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, the Deputy Administrator of the Institute for Juvenile 
Justice and Delinquency Prevention, the Director of the National 
Institute of Justice, and representatives'' for ``the Secretary of 
Health, Education, and Welfare, the Secretary of Labor, the Director of 
the Office of Drug Abuse Policy, the Commissioner of the Office of 
Education, the Director of the ACTION Agency, the Secretary of Housing 
and Urban Development, or their respective designees, the Associate 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, the Deputy Associate Administrator of the Institute for 
Juvenile Justice and Delinquency Prevention, and representatives''.
    Subsec. (b). Pub. L. 96-509, Sec. 19(f)(2), struck out ``Associate'' 
before ``Administrator''.
    Subsec. (c). Pub. L. 96-509, Sec. 8(b), provided that the 
Coordinating Council make its annual recommendations to the Congress as 
well as the President and that the Coordinating Council review and make 
recommendations with respect to any joint funding proposal undertaken by 
the Office of Juvenile Justice and Delinquency Prevention and any agency 
represented on the Council and struck out ``the Attorney General and''.
    Subsec. (d). Pub. L. 96-509, Sec. 8(c), substituted ``at least 
quarterly'' for ``a minimum of four times per year''.
    Subsec. (e). Pub. L. 96-509, Secs. 8(d), 19(f)(3), substituted ``The 
Administrator shall'' for ``The Associate Administrator may''.
    Subsec. (g). Pub. L. 96-509, Sec. 8(e), placed a limit of $500,000 
for each fiscal year on the amount authorized to be appropriated to 
carry out the purposes of this section.
    1977--Subsec. (a)(1). Pub. L. 95-115, Sec. 3(a)(3)(A), (5), (d)(1), 
inserted references to the Commissioner of the Office of Education and 
the Director of the ACTION Agency, and substituted ``Associate'' for 
``Assistant'' wherever appearing.
    Subsec. (b). Pub. L. 95-115, Sec. 3(a)(3)(A), substituted 
``Associate'' for ``Assistant''.
    Subsec. (c). Pub. L. 95-115, Sec. 3(d)(2), inserted provisions 
relating to review functions of the Council.
    Subsec. (d). Pub. L. 95-115, Sec. 3(d)(3), substituted ``four'' for 
``six''.
    Subsec. (e). Pub. L. 95-115, Sec. 3(d)(4), redesignated former par. 
(3) as entire subsec. (e) and, as so redesignated, inserted ``or staff 
support'' after ``personnel'' and substituted ``Associate 
Administrator'' for ``Executive Secretary''. Former pars. (1) and (2), 
which related to appointment and responsibilities of the Executive 
Secretary, respectively, were struck out.
    1976--Subsec. (a)(1). Pub. L. 94-237 substituted ``Office of Drug 
Abuse Policy'' for ``Special Action Office for Drug Abuse Prevention''.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section 
406(b) of Pub. L. 103-82, set out as a note under section 8332 of Title 
5, Government Organization and Employees.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section 
7296(a) of Pub. L. 100-690, set out as a note under section 5601 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 
670(a) of Pub. L. 98-473, set out as a note under section 5601 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section 
263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a note 
under section 5601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5603 of this title.
