
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5671]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
              Part J--General and Administrative Provisions
 
Sec. 5671. Authorization of appropriations


(a) Amounts; availability of funds

    (1) To carry out the purposes of this subchapter (other than parts 
D, E, F, G, H, and I) there are authorized to be appropriated 
$150,000,000 for fiscal years 1993, 1994, 1995, and 1996. Funds 
appropriated for any fiscal year shall remain available for obligation 
until expended.
    (2)(A) Subject to subparagraph (B), to carry out part D of this 
subchapter, there are authorized to be appropriated--
        (i) to carry out subpart I, $25,000,000 for fiscal year 1993 and 
    such sums as are necessary for fiscal years 1994, 1995, and 1996; 
    and
        (ii) to carry out subpart II, $25,000,000 for fiscal year 1993 
    and such sums as are necessary for fiscal years 1994, 1995, and 
    1996.

    (B) No funds may be appropriated to carry out part D, E, F, G, or I 
of this subchapter or subchapter V of this chapter or title VI \1\ for a 
fiscal year unless the aggregate amount appropriated to carry out this 
subchapter (other than part D, E, F, G, or I of this subchapter or 
subchapter V of this chapter or title VI) \1\ for the fiscal year is not 
less than the aggregate amount appropriated to carry out this subchapter 
(other than part D, E, F, G, or I of this subchapter or subchapter V of 
this chapter or title VI) \1\ for the preceding fiscal year.
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    \1\ See References in Text note below.
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    (3) To carry out part E of this subchapter, there are authorized to 
be appropriated $50,000,000 for fiscal year 1993 and such sums as are 
necessary for each of the fiscal years 1994, 1995, and 1996.
    (4)(A) Subject to subparagraph (B), there are authorized to be 
appropriated to carry out part F of this subchapter--
        (i) $15,000,000 for fiscal year 1993; and
        (ii) such sums as are necessary for fiscal years 1994, 1995, and 
    1996.

    (B) No amount is authorized to be appropriated for a fiscal year to 
carry out part F of this subchapter unless the aggregate amount 
appropriated to carry out this subchapter for that fiscal year is not 
less than the aggregate amount appropriated to carry out this subchapter 
for the preceding fiscal year.
    (C) From the amount appropriated to carry out part F of this 
subchapter in a fiscal year, the Administrator shall use--
        (i) not less than 85 percent to make grants for treatment and 
    transitional services;
        (ii) not to exceed 10 percent for grants for research; and
        (iii) not to exceed 5 percent for salaries and expenses of the 
    Office of Juvenile Justice and Delinquency Prevention related to 
    administering part F of this subchapter.

    (5)(A) Subject to subparagraph (B),\2\ there are authorized to be 
appropriated to carry out part G of this subchapter such sums as are 
necessary for fiscal years 1993, 1994, 1995, and 1996.
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    \2\ So in original. Probably should be ``paragraph (2)(B),''.
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    (6)(A) There are authorized to be appropriated to carry out part H 
of this subchapter such sums as are necessary for fiscal year 1993, to 
remain available until expended, of which--
        (i) not more than $12,500,000 shall be used to convert any 1 
    closed military base or to modify any 1 existing military base or 
    other designated facility to a boot camp; and
        (ii) not more than $2,500,000 shall be used to operate any 1 
    boot camp during a fiscal year.

    (B) No amount is authorized to be appropriated for a fiscal year to 
carry out part H of this subchapter unless the aggregate amount 
appropriated to carry out parts A, B, and C of this subchapter for that 
fiscal year is not less than 120 percent of the aggregate amount 
appropriated to carry out those parts for fiscal year 1992.
    (7)(A) There are authorized to be appropriated such sums as are 
necessary for each National Conference and associated State and regional 
conferences under part I of this subchapter, to remain available until 
expended.
    (B) New spending authority or authority to enter into contracts 
under part I of this subchapter shall be effective only to such extent 
and in such amounts as are provided in advance in appropriation Acts.
    (C) No funds appropriated to carry out this chapter shall be made 
available to carry out part I of this subchapter other than funds 
appropriated specifically for the purpose of conducting the Conference.
    (D) Any funds remaining unexpended at the termination of the 
Conference under part I of this subchapter, including submission of the 
report pursuant to section 5667g-4 of this title, shall be returned to 
the Treasury of the United States and credited as miscellaneous 
receipts.

(b) Percentages available for programs

    Of such sums as are appropriated to carry out the purposes of this 
subchapter (other than part D)--
        (1) not to exceed 5 percent shall be available to carry out part 
    A of this subchapter;
        (2) not less than 70 percent shall be available to carry out 
    part B of this subchapter; and
        (3) 25 percent shall be available to carry out part C of this 
    subchapter.

(c) Approval of State agency; supervisory board membership requirements

    Notwithstanding any other provision of law, the Administrator 
shall--
        (1) establish appropriate administrative and supervisory board 
    membership requirements for a State agency responsible for 
    supervising the preparation and administration of the State plan 
    submitted under section 5633 of this title and permit the State 
    advisory group appointed under section 5633(a)(3) of this title to 
    operate as the supervisory board for such agency, at the discretion 
    of the Governor; and
        (2) approve any appropriate State agency designated by the 
    Governor of the State involved in accordance with paragraph (1).

(d) Experimentation on individuals; prohibition; ``behavior control'' 
        defined

    No funds appropriated to carry out the purposes of this subchapter 
may be used for any bio-medical or behavior control experimentation on 
individuals or any research involving such experimentation. For the 
purpose of this subsection, the term ``behavior control'' refers to 
experimentation or research employing methods which involve a 
substantial risk of physical or psychological harm to the individual 
subject and which are intended to modify or alter criminal and other 
anti-social behavior, including aversive conditioning therapy, drug 
therapy or chemotherapy (except as part of routine clinical care), 
physical therapy of mental disorders, electroconvulsive therapy, or 
physical punishment. The term does not apply to a limited class of 
programs generally recognized as involving no such risk, including 
methadone maintenance and certain alcohol treatment programs, 
psychological counseling, parent training, behavior contracting, 
survival skills training, restitution, or community service, if 
safeguards are established for the informed consent of subjects 
(including parents or guardians of minors).

(e) Reservation for previously unfunded special emphasis prevention and 
        treatment programs

    Of such sums as are appropriated to carry out section 5665(a)(6) of 
this title, not less than 20 percent shall be reserved by the 
Administrator for each of fiscal years 1993, 1994, 1995, and 1996, for 
not less than 2 programs that have not received funds under subpart II 
of part C of this subchapter prior to October 1, 1992, which shall be 
selected through the application and approval process set forth in 
section 5665a of this title.

(Pub. L. 93-415, title II, Sec. 299, formerly Sec. 261, Sept. 7, 1974, 
88 Stat. 1129; Pub. L. 94-273, Sec. 32(b), Apr. 21, 1976, 90 Stat. 380; 
Pub. L. 94-503, title I, Sec. 130(a), Oct. 15, 1976, 90 Stat. 2425; Pub. 
L. 95-115, Sec. 6(b), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96-509, 
Secs. 2(a), 15, Dec. 8, 1980, 94 Stat. 2750, 2760; Pub. L. 98-473, title 
II, Sec. 640, Oct. 12, 1984, 98 Stat. 2121; renumbered Sec. 291 and 
amended Pub. L. 100-690, title VII, Secs. 7265, 7266(3), Nov. 18, 1988, 
102 Stat. 4448, 4449; Pub. L. 101-204, title X, Secs. 1001(e)(1), 1002, 
Dec. 7, 1989, 103 Stat. 1827; renumbered Sec. 299 and amended Pub. L. 
102-586, Sec. 2(i)(1)(B), (j), Nov. 4, 1992, 106 Stat. 5006, 5016.)

                       References in Text

    Title VI, referred to in subsec. (a)(2)(B), was in the original, 
included in the words ``title V or VI''. The reference to title V means 
title V of Pub. L. 93-415 which was translated as subchapter V of this 
chapter. The reference to title VI could not be translated because Pub. 
L. 93-415 does not contain a title VI.
    This chapter, referred to in subsec. (a)(7)(C), was in the original 
``this Act'', meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as 
amended, which enacted this chapter, sections 3772 to 3774 and 3821 of 
this title, and sections 4351 to 4353 and 5038 to 5042 of Title 18, 
Crimes and Criminal Procedure, amended sections 3701, 3723, 3733, 3768, 
3811 to 3814, 3882, and 3883 to 3888 of this title, section 5108 of 
Title 5, Government Organization and Employees, and sections 5031 to 
5037 of Title 18, and repealed section 3889 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 5601 of this title and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-586, Sec. 2(j)(1), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows:
    ``(1) To carry out the purposes of this subchapter (other than part 
D) there are authorized to be appropriated such sums as may be necessary 
for fiscal years 1989, 1990, 1991, and 1992. Funds appropriated for any 
fiscal year may remain available for obligation until expended.
    ``(2)(A) Subject to subparagraph (B), to carry out part D of this 
subchapter, there are authorized to be appropriated $15,000,000 for 
fiscal year 1989 and such sums as may be necessary for each of the 
fiscal years 1990, 1991, and 1992.
    ``(B) No funds may be appropriated to carry out part D of this 
subchapter for a fiscal year unless the aggregate amount appropriated to 
carry out this subchapter (other than part D) for such fiscal year is 
not less than the aggregate amount appropriated to carry out this 
subchapter (other than part D) for the preceding fiscal year.''
    Subsec. (e). Pub. L. 102-586, Sec. 2(j)(2), added subsec. (e).
    1989--Subsec. (a). Pub. L. 101-204, Sec. 1001(e)(1), amended 
directory language of Pub. L. 100-690, Sec. 7265(a)(4), see 1988 
Amendment note below.
    Subsec. (a)(1). Pub. L. 101-204, Sec. 1002, substituted ``are 
authorized'' for ``is authorized''.
    1988--Subsec. (a). Pub. L. 100-690, Sec. 7265(a), as amended by Pub. 
L. 101-204, Sec. 1001(e)(1), designated existing provisions as par. (1), 
inserted ``(other than part D)'' after ``this subchapter'', struck out 
``1985, 1986, 1987, and 1988'' after ``fiscal years'', inserted ``1989, 
1990, 1991, and 1992'', and added par. (2).
    Subsec. (b). Pub. L. 100-690, Sec. 7265(b), inserted ``(other than 
part D)'' after ``this subchapter'' in introductory provisions and 
substituted ``5 percent'' for ``7.5 percent'' in par. (1), ``70 
percent'' for ``81.5 percent'' in par. (2), and ``25 percent'' for ``11 
percent'' in par. (3).
    1984--Subsec. (a). Pub. L. 98-473, amended subsec. (a) generally, 
substituting provisions relating to authorization of appropriations for 
fiscal years 1985 to 1988 for former provisions which authorized 
appropriations for fiscal years 1981 to 1984.
    Subsec. (b). Pub. L. 98-473, amended subsec. (b) generally, 
substituting provisions which set forth specific percentages of 
appropriations for parts A, B and C for former provisions which also set 
forth appropriation percentages for juvenile delinquency programs.
    Subsec. (c). Pub. L. 98-473, amended subsec. (c) generally. Prior to 
amendment, subsec. (c) read as follows: ``Notwithstanding any other 
provision of law, if the Administrator determines, in his discretion, 
that sufficient funds have not been appropriated for any fiscal year for 
the activities authorized in part D of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 [42 U.S.C. 3741 et seq.], then the 
Administrator is authorized to--
        ``(1) approve any appropriate State agency designated by the 
    Governor of the State involved as the sole agency responsible for 
    supervising the preparation and administration of the State plan 
    submitted under section 5633 of this title; and
        ``(2) establish appropriate administrative and supervisory board 
    membership requirements for any agency designated in accordance with 
    paragraph (1), and permit the State advisory group appointed under 
    section 5633(a)(2) of this title to operate as the supervisory board 
    for such agency, at the discretion of the Governor.''
    Subsec. (d). Pub. L. 98-473, in amending section generally, added 
subsec. (d).
    1980--Subsec. (a). Pub. L. 96-509, Sec. 2(a), substituted provisions 
authorizing appropriations of $200,000,000 for each of fiscal years 
ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 
1984, for provisions that had authorized appropriations of $150,000,000 
for fiscal year ending Sept. 30, 1978, $175,000,000 for fiscal year 
ending Sept. 30, 1979, and $200,000,000 for fiscal year ending Sept. 30, 
1980.
    Subsec. (c). Pub. L. 96-509, Sec. 15, added subsec. (c).
    1977--Subsec. (a). Pub. L. 95-115 substituted provisions setting 
forth authorization of appropriations for fiscal year ending Sept. 30, 
1978, through fiscal year ending Sept. 30, 1980, and authorization of 
availability of funds until expended, for provisions setting forth 
authorization of appropriations for fiscal year ending June 30, 1975, 
through fiscal year ending Sept. 30, 1977.
    1976--Subsec. (a). Pub. L. 94-273 substituted ``September 30, 1977'' 
for ``June 30, 1977''.
    Subsec. (b). Pub. L. 94-503 substituted ``subsection (a) of this 
section'' for ``this section'' and ``the appropriation for the Law 
Enforcement Assistance Administration, each fiscal year, at least 19.15 
percent of the total appropriations for the Administration, for juvenile 
delinquency programs'' for ``other Law Enforcement Assistance 
Administration appropriations other than the appropriations for 
administration, at least the same level of financial assistance for 
juvenile delinquency programs assisted by the Law Enforcement Assistance 
Administration during fiscal year 1972''.


                    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 sections 5631, 5632, 5633 of this 
title.
