Washington : Government Printing Office
The Congress finds that delinquency among youths constitutes a national problem which can be met by assisting and coordinating the efforts of public and private agencies engaged in combating the problem, and by increasing the number and extent of the services available for preventing and combating juvenile delinquency. It is, therefore, the purpose of this chapter to help State and local communities strengthen their juvenile justice and juvenile aid systems, including courts, correctional systems, police agencies, and law enforcement and other agencies which deal with juveniles, and to assist communities in providing diagnosis, treatment, rehabilitative, and preventive services to youths who are delinquent or in danger of becoming delinquent, to encourage the development of community-based rehabilitation and prevention programs to provide assistance in the training of personnel employed or preparing for employment in occupations involving the provision of such services, to provide support for comprehensive planning, development of improved techniques, and information services in the field of juvenile delinquency, and to provide technical assistance in such field. (Pub. L. 90-445, § 2, July 31, 1968, 82 Stat. 462.)
(a) In order to encourage States and localities to prepare and adopt comprehensive plans covering their respective jurisdictions, based on a thorough evaluation of problems of juvenile delinquency and youths in danger of becoming delinquent in the State, the Secretary is authorized to make grants to any State or local public agency to assist in preparing or revising such a plan. No such grant may exceed 90 per centum of the cost of the planning with respect to which such grant is made.
(b) The Secretary may impose as a condition to any grants under this subchapter within any State or locality that such planning be undertaken and that, where he deems it appropriate, a comprehensive plan or plans be prepared within a reasonable period. (Pub. L. 90-445, title I, § 101, July 31, 1968, 82 Stat. 463.)
The Secretary is authorized to make grants to any State, county, municipal, or other public agency or nonprofit private agency or organization to assist it in meeting the cost of planning any project or program for which a grant may be
made under the other provisions of this subchapter. No such grant may exceed 90 per centum of the cost of the planning with respect to which such grant is made. (Pub. L. 90-445, title I, § 102, July 31, 1968, 82 Stat. 463.)
The purpose of this part is to assist courts, correctional institutions, law enforcement agencies, and other agencies having responsibilities with respect to delinquent youths and youths in danger of becoming delinquent, including youths who are on parole or probation, to develop, improve, and make full use of State and community rehabilitation services for the diagnosis, treatment, and rehabilitation of such youths; to assist and encourage States to devote resources under other programs, in the fields of general and vocational education, job training, prevention and detection of crime, health, and welfare, to support programs for the diagnosis, treatment, and rehabilitation of delinquent youths and youths in danger of becoming delinquent, including support through the provision of assistance to establish linkage between the planning, conduct, and delivery of services under such other programs and programs under this chapter for delinquent youths and youths in danger of becoming delinquent; and to encourage the development in communities of new designs and new methods of care and treatment, including the operation of fulltime or part-time community-based residential facilities for such youths requiring residential care, diagnosis, treatment, and rehabilitation. (Pub. L. 90-445, title I, § 111, July 31, 1968, 82 Stat. 463.)
The Secretary is authorized to make grants to meet not to exceed 60 per centum of the cost of projects or programs designed to carry out the purposes of this part. (Pub. L. 90-445, title I, § 112, July 31, 1968, 82 Stat. 464.)
(a) Grants under this part may be made only upon application, to a State agency or, in the case of direct grants under section 3842 of this title, to the Secretary, by a State, county, municipality, or other public agency or combination thereof, which contains or is accompanied by satisfactory assurances that—
(1) such applicant agency will provide to the extent feasible for coordinating, on a continuing basis, its operations with the operations of public agencies and private nonprofit organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, correction, and other basic services in the community for youths;
(2) such applicant agency will make reasonable efforts to secure or provide any of such services which are necessary for diagnosing, treating, and rehabilitating youths referred to in section 3821 of this title and which are not otherwise being provided in the community, or if being provided are not adequate to meet its needs;
(3) maximum use will be made under the program or project of other Federal, State, or local resources available for provision of such services;
(4) financial resources will, in the case of grants for construction, be available for the non-Federal share of such construction and for continued operation of the facility constructed; and
(5) public and private agencies and organizations (including courts, law enforcement and other agencies involved in the youth correction process) providing the services referred to in paragraph (1) will be consulted in the formulation by the applicant of the project or program, taking into account the services and expertise of such agencies and organizations, and with a view to adapting such services to the better fulfillment of the purposes of this part.
(b) Such application shall contain such information as may be necessary to carry out the purpose of this chapter, including—
(1) a description of the services for youths described in section 3821 of this title which are available in the State or community;
(2) a statement of the method or methods of linking the agencies and organizations, public and private, providing these and other services; and
(3) a showing that the project or program is consistent with any comprehensive plan developed under any other Act which is related to the purpose of this chapter.
(Pub. L. 90-445, title I, § 113, July 31, 1968, 82 Stat. 464.)
The purpose of this part is to promote the use of community-based services for the prevention of delinquency of youths; and to assist States and communities to establish special preventive services, including educational delinquency prevention programs in schools, for youths in danger of becoming delinquent, including youths who are on parole or probation. (Pub. L. 90-445, title I, § 121, July 31, 1968, 82 Stat. 465.)
The Secretary is authorized to make grants to meet not to exceed 75 per centum of the cost of projects or programs designed to carry out the purposes of this part. (Pub. L. 90-445, title I, § 122, July 31, 1968, 82 Stat. 465.)
(a) Grants under this part may be made only upon application, to a State agency or, in the case of direct grants under section 3842 of this title, to the Secretary, by a public agency or nonprofit private agency or organization, which contains or is accompanied by satisfactory assurances that—
(1) steps have been or will be taken toward provision, within a reasonable period of time, of a program of services in the area served which are necessary for the prevention of delinquency of youths, including diagnosis, treatment, and rehabilitation of youths in danger of becoming delinquent;
(2) such applicant agency or organization will make special efforts to assure that the services provided by the program or project will be available for youths with serious behavioral problems;
(3) such applicant agency or organization will provide to the extent feasible for coordinating, on a continuing basis, its operations with the operations of public agencies and private non-profit
organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, correction, and other basic services in the community for youths;
(4) such applicant agency or organization will make reasonable efforts to secure or provide any of such services which are necessary for diagnosing, treating, and rehabilitating youths referred to in section 3831 of this title and which are not otherwise being provided in the community, or if being provided are not adequate to meet its needs;
(5) maximum use will be made under the program or project of other Federal, State, or local resources available for provision of such services; and
(6) public and private agencies and organizations (including courts, law enforcement and other agencies involved in the youth correction process) providing the services referred to in paragraph (3) will be consulted in the formulation by the applicant of the project or program, taking into account the services and expertise of such agencies and organizations, and with a view to adapting such services to the better fulfillment of the purposes of this part.
(b) Such application shall contain such information as may be necessary to carry out the purpose of this chapter, including—
(1) a description of the services for youths described in section 3831 of this title which are available in the State or community;
(2) a statement of the method or methods of linking the agencies and organizations, public and private, providing these and other services; and
(3) a showing that the project or program is consistent with any comprehensive plan developed under any other Act which is related to the purpose of this chapter.
(Pub. L. 90-445, title I, § 123, July 31, 1968, 82 Stat. 465.)
(a) Comprehensiveness and detail of plan.
Any State which desires to receive a grant under part B or C of this subchapter in order to make program or project grants within such State shall, through a single State agency designated for the purposes of this subchapter, submit to the Secretary a comprehensive juvenile delinquency plan in such detail as the Secretary deems necessary.
(b) Specific requirements of plan.
The Secretary shall approve a State plan or modification thereof for any fiscal year for purposes of this section if he determines that the plan for that fiscal year—
(1) provides that the grant to the State will be used solely (A) for projects and programs which are submitted to the State agency by a community, municipal, or other local public agency or local nonprofit private agency or organization, or combination thereof, which meet the requirements of section 3823 or section 3833 of this title, and which are approved by such State agency, and (B) for paying up to 75 per centum of the cost of administering the plan approved under this section;
(2) (A) sets forth, on the basis of an analysis and survey of the needs in the State for assistwen undar pArt B or C, a method of distribution of funds under the plan, including establishment of priorities for locations and types of projects and programs, which gives emphasis to community based alternatives to programs of institutionalization and which conforms to criteria of the Secretary, and (B) provides for distribution of such funds, insofar as financial resources make possible, in accordance with such method;
(3) provides for an appropriate balance of rehabilitation and preventive projects and programs;
(4) provides for (A) effective coordination of plans and programs developed and conducted by the State in fields related to juvenile delinquency, including programs under the Elementary and Secondary Education Act of 1965, the Social Security Act, the Manpower Development and Training Act of 1962, and programs for the prevention and detection of crime, with plans, projects, and programs developed and conducted by the State under this subchapter, and (B) appropriate application of resources under such other plans and programs to support and reinforce plans, projects, and programs under this subchapter;
(5) provides for the effective participation of persons representative of local and areawide public and private groups and organizations familiar with the field of juvenile delinquency and with associated fields in the development and implementation of the State plan;
(6) demonstrates the capability of the State agency in the areas of planning, project and program development, technical assistance, and evaluation, and sets forth the administrative organization and procedures in such detail as the Secretary may prescribe by regulation;
(7) provides for the maximum use of other Federal, State, and local resources, including resources available through the programs referred to in paragraph (4), in carrying out the State plan and projects and programs under it;
(8) sets forth policies and procedures which give assurance that the Federal grant for any fiscal year will be used to supplement and, to the extent practical, increase the fiscal effort (determined in accordance with criteria prescribed by the Secretary by regulation) that would, in the absence of such Federal grant, be made by the State, and subdivisions thereof, in the field of juvenile delinquency;
(9) provides for adoption of effective procedures (A) for the evaluation at least annually of the effectiveness of the programs and projects supported under the State plan, and (B) for dissemination of information secured thereby and other useful information to local public or nonprofit private agencies and organizations in the State operating in the field of juvenile delinquency or a related field;
(10) provides for adoption of procedures to assure that funds paid to local public or non-profit private agencies and organizations with respect to projects and programs under the plan will be used in accordance with applications therefor approved under the plan;
(11) provides for making an annual report and such other reports, in such form and containing such information and evaluations, as the Secretary may reasonably require;
(12) provides that final action by the State agency denying (in whole or in part), or withholding funds with respect to, any application (or amendment thereof) made to it for a grant under part B or C shall not be taken without
first affording the applicant reasonable notice and opportunity for a hearing;
(13) provides, in the case of an application for a program or a project which is in the nature of an amendment to the State plan or a clear departure from the purview of the State plan, that final approval by the State agency of such application shall not be given unless such application has been submitted to the Secretary together with a brief statement describing the proposed program or project, and the Secretary has not, within thirty days after such submission, disapproved such application; and
(14) provides assurance that the State will furnish at least one-half of the non-Federal share of funds required to meet the cost of programs and projects aided under the State plan.
(c) Partial approval.
Depending upon the availability of funds, and the other applications under part B or C, the Secretary may approve all or part of the assistance requested by a State agency pursuant to an approved State plan, but all assistance requested by such agency, pursuant to an approved State plan, may be disapproved only if he determines that the provision of such assistance would so disperse available funds that the effectiveness of other projects or programs under part B or C which would more effectively carry out the purposes of part B or C, would be impaired.
(d) Substantial compliance.
The Secretary may, if he finds that a State plan for a fiscal year is in substantial (but not complete) compliance with the requirements set forth in subsection (b) of this section, approve that part of the plan which is in compliance with such requirements and make available to that State only those funds which he determines to be necessary to carry out that part of the plan so approved.
(e) Hearing; halt in payments for noncompliance with requirements.
(1) The Secretary shall not finally disapprove any plan submitted under subsection (a) of this section, or any modification thereof, without first affording the State agency submitting the plan reasonable notice and opportunity for a hearing.
(2) Whenever the Secretary, after reasonable notice and opportunity for hearing to any State agency, finds that there has been a failure to comply substantially with any requirement set forth in the plan of that State approved under this section, the Secretary shall notify the agency that further payments will not be made to the State under parts B and C (or, in his discretion, that the State agency shall not make further payments thereunder to specified public agencies or nonprofit private agencies or organizations affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State under such parts or payments by the State agency under such parts shall be limited to public agencies or nonprofit private agencies and organizations not affected by the failure, as the case may be. (Pub. L. 90-145, title I, § 131, July 31, 1968, 82 Stat. 466.)
Until a State has submitted a State comprehensive juvenile delinquency plan under this subchapter, and the Secretary has approved such plan, or upon failure of the State to carry out such plan according to the terms and conditions specified in such plan as approved, the Secretary may make grants directly to public agencies or non-profit private agencies and organizations in accordance with the provisions of parts B and C of this subchapter. No grant under this section shall be for an amount in excess of 60 per centum in the case of part B or 75 per centum in the case of part C of the cost of the project or program with respect to which it is made. (Pub. L. 90-445, title I, § 132, July 31, 1968, 82 Stat. 468.)
Funds paid to any agency or organization (whether directly or through a State agency) under part B or C of this subchapter may be used for—
(1) meeting the cost of securing or providing services designed to carry out the purposes of such part, but only to the extent and for the period reasonably necessary for the community to provide such services; and
(2) in the case of part B, meeting not to exceed 50 per centum of the cost of construction of community-based, unusual, and special purpose or innovative types of facilities which, in the judgment of the Secretary, are necessary for carrying out the purposes of part B, including community-based, unusual, and special purpose or innovative (A) combination detention and diagnostic facilities, (B) halfway houses for youth who because of special behavioral problems have a high risk of becoming delinquent or who have been determined to be delinquent and are not yet ready for full return to society; (C) small, special-purpose, residential, community-based facilities for diagnosis, treatment, and rehabilitation of youths; (D) training schools for the rehabilitation and education of youths who are in custody of any public agency charged with the care of delinquent youths; but, in developing plans for such facilities, due consideration shall be given to excellence of architecture and design: Provided, however, That not to exceed 25 , per centum of the funds appropriated for any fiscal year under this chapter may be used to meet such costs of construction.
It shall be a condition of any grant under part B which is wholly or partially for construction that all laborers and mechanics employed by contractors or subcontractors on such construction shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have with respect to these labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 276c of Title 40. (Pub. L. 90-445, title I, § 133, July 31, 1968, 82 Stat. 468.)
The Secretary shall not approve an application for a grant under part A or section 3842 of this title until a copy of the application has been submitted—
(1) to the Governor of the State, or an officer designated by him or by State law, and a reasonable opportunity has been afforded the Governor or such officer to prepare and submit to the Secretary his evaluation of the planning, program, or project, which shall include comments on the relationship of the application to other applications then pending and to existing or proposed plans in the State for the development of new or additional programs for the
diagnosis, treatment, or rehabilitation of preventive services for youths who are delinquent or in danger of becoming delinquent; and
(2) to the governing bodies of the political units principally affected, and a reasonable opportunity afforded such governing bodies, acting through such officers as they may designate, to prepare and submit to the Secretary an evaluation of the planning, program, or project.
(Pub. L. 90-445, title I, § 134, July 31, 1968, 82 Stat. 469.)
In determining whether or not to approve applications for grants under part B or C of this subchapter, the State agency or, in the case of grants under section 3842 of this title, the Secretary shall consider, among other relevant factors in the State or community of the applicant—
(1) the relative costs and effectiveness of the project or program in effectuating the purposes of such part;
(2) the incidence of and rate of increase in youth offenses and juvenile delinquency;
(3) school dropout rates;
(4) the adequacy of existing facilities and services for carrying out the purposes of such part;
(5) the extent of comprehensive planning in the community for carrying out the purposes of such part;
(6) youth unemployment rates;
(7) the extent to which proposed programs or projects incorporate new or innovative techniques within the State or community to carry out the purposes of such part; and
(8) the extent to which the proposed programs or projects incorporate programs for the parents of youths who are delinquent or in danger of becoming delinquent, as well as programs for other adults who offer guidance or supervision to such youths.
(Pub. L. 90-445, title I, § 135, July 31, 1968, 82 Stat. 469.)
The Secretary is authorized, with the concurrence of the Secretary of Labor, to make grants or contracts for projects for the training of personnel employed in or preparing for employment in fields related to the diagnosis, treatment, or rehabilitation of youths who are delinquent or in danger of becoming delinquent, or for the counseling or instruction of parents in the improving or1 parental instruction and supervision of youths who are delinquent or in danger of becoming delinquent. Such projects shall include special programs which provide youths and adults with training for career opportunities, including new types of careers, in such fields. Such projects may include, among other things, development of courses of study and of interrelated curricula in schools, colleges, and universities, establishment of short-term institutes for training at such schools, colleges, and universities, inservice training, and traineeships with such stipends, including allowances for travel and subsistence expenses, as the Secretary may determine to be necessary. (Pub. L. 90-445, title II, § 201, July 31, 1968, 82 Stat. 470.)
Such grants may be made to and such contracts may be made with any Federal, State, or local public or nonprofit private agency or organization; and to the extent he deems it appropriate, the Secretary shall require the recipient of any such grant or contract to contribute money, facilities, or services for carrying out the projects for which the grant or contract is made. (Pub. L. 90-445, title II, § 202, July 31, 1968, 82 Stat. 470.)
(a) Techniques and practices.
The Secretary is authorized to develop improved techniques and practices which, in his judgment, hold promise of making a substantial contribution toward prevention of delinquency and treatment of youths who are delinquent or in danger of becoming delinquent or toward improvement in the rehabilitative services for delinquent youths, including techniques and practices for the training of personnel.
(b) Grants.
The Secretary may also make grants for such purposes to any State, local, or other public agency or nonprofit private agency or organization; and, to the extent he deems it appropriate, the Secretary shall require the recipient of any such grant to contribute money, facilities, or services for carrying out the project for which such grant was made.
(c) Contracts.
The Secretary is further authorized to enter into contracts for any such purposes with public or private agencies and organizations and with individuals.
(d) Limitation on use of appropriated funds.
Not more than 10 per centum of the funds appropriated for any fiscal year under this chapter, or $2,000,000, whichever is the lesser, may be used to carry out this section. (Pub. L. 90-445, title III, § 301, July 31, 1968, 82 Stat. 470.)
The Secretary is authorized to cooperate with and, either directly or through grants to or contracts with any public agency or nonprofit private agency or organization, render technical assistance to State, local or other public or private agencies or organizations in matters relating to prevention of delinquency or to rehabilitative services for delinquent youths and youths in danger of becoming delinquent, and to provide short-term training and instruction of a technical nature with respect to such matters. (Pub. L. 90-445, title III, § 302, July 31, 1968, 82 Stat. 471.)
The Secretary is authorized to make grants to any State agency which is able and willing to provide technical assistance to local public agencies and nonprofit private agencies and organizations engaged in or preparing to engage in activities for which aid may be provided under this chapter. No such grant may exceed 90 per centum of the cost of the activities of the State agency with respect to which such grant is made. (Pub. L. 90-445, title III, § 303, July 31, 1968, 82 Stat. 471.)
The Secretary is directed to collect, evaluate, publish, and disseminate information and materials relating to research and programs and projects conducted under this chapter, and other matters relating to prevention or treatment of delinquency or provision of rehabilitative services for delinquent youths and youths who are in danger of becoming delinquent, such information and materials to be for the general public and for agencies, organizations, and personnel engaged in programs concerning youths who are delinquent or in danger of becoming delinquent. (Pub. L. 90-445, title III, § 304, July 31, 1968, 82 Stat. 471.)
Payments of any grant or under any contract under this chapter may be made (after necessary adjustment on account of previously made over-payments or underpayments) in installments, and in advance or by way of reimbursement, as may be determined by the Secretary, and shall be made on such conditions as he finds necessary to carry out the purposes for which the grant or contract is made. (Pub. L. 90-445, title IV, § 401, July 31, 1968, 82 Stat. 471.)
There are authorized to be appropriated for grants and contracts under this chapter, to the Department of Health, Education, and Welfare, $25,000,000 for the fiscal year ending June 30, 1969, $50,000,000 for the fiscal year ending June 30, 1970, and $75,000,000 for the fiscal year ending June 30, 1971. (Pub. L. 90-445, title IV, § 402, July 31, 1968, 82 Stat. 471.)
(a) The total of the grants made under subchapter I of this chapter for any fiscal year with respect to activities in any one State may not exceed 15 per centum of the total of the funds available for such grants under such subchapter for such fiscal year.
(b) Of the funds available for grants under subchapter I of this chapter for any fiscal year—
(1) $25,000 each shall be reserved for the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands; and
(2) $100,000 shall be reserved for each other State; except that, if the Secretary determines, on the basis of the information available to him on the last day of the ninth month of any fiscal year, that any portion of such $25,000 or $100,000 for any State will not be required for such grants under subchapter I of this chapter for such year with respect to activities in any other State (in the case of which such a determination has not been made). (Pub. L. 90-445, title IV, § 403, July 31, 1968, 82 Stat. 471.)
(a) The Secretary shall provide for the continuing evaluation of the programs, projects, and other activities under this chapter, including their effectiveness in achieving stated goals and their relationship to and impact on related Federal, State, and local activities. This evaluation shall include comparisons with proper control groups composed of persons who have not participated in programs under this chapter. The results of such evaluations shall be included in the report required by section 3888 of this title.
(b) In addition to funds otherwise available for evaluation, such portion of any appropriation under section 3882 of this title as the Secretary may determine, but not exceeding 1 per centum thereof, shall be available for evaluation by the Secretary (directly or by grants or contracts) of the activities for which such appropriation is made. (Pub. L. 90-445, title IV, § 404, July 31, 1968, 82 Stat. 472.)
In the case of action taken by the Secretary terminating or refusing to continue financial assistance to a grantee, such grantee may obtain judicial review of such action in accordance with chapter 7 of Title 5. (Pub. L. 90-445, title IV, § 405, July 31, 1968, 82 Stat. 472.)
Pursuant to regulations prescribed by the President, where funds are advanced for a single project by more than one Federal agency to an agency or organization assisted under this chapter, any one Federal agency may be designated to act for all in administering the funds advanced. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. (Pub. L. 90-445, title IV, § 406, July 31, 1968, 82 Stat. 472.)
To avoid duplication of efforts, it shall be the responsibility of the Secretary to consult and coordinate with the Attorney General and such other Federal officers as are charged with responsibilities in the area of combating juvenile delinquency or crime in general. (Pub. L. 90-445, title IV, § 407, July 31, 1968, 82 Stat. 472.)
Not later than one hundred and twenty days after the close of each fiscal year, the Secretary, with the appropriate assistance and concurrence of the heads of other Federal agencies who are consulted and whose activities are coordinated under section 3887 of this title, shall prepare and submit to the President for transmittal to the Congress a full and complete report on all Federal activities in the fields of juvenile delinquency, youth development, and related fields. Such report shall include, but not be limited to—
(1) planning, program, and project activities conducted under this chapter;
(2) the nature and results of model programs and technical assistance conducted under subchapter III of this chapter;
(3) the number and types of training projects, number of persons trained and in training, and job placement and other follow-up information on trainees and former trainees assisted under subchapter II of this chapter; and
(4) steps taken and mechanisms and methods used to coordinate and avoid duplication of Federal activities in the fields of juvenile delinquency, youth development, and related fields and the effectiveness of such steps, mechanisms, and methods.
(Pub. L. 90-445, title IV, § 408, July 31, 1968, 82 Stat. 472.)
(a) The Secretary is authorized to appoint an advisory committee to advise him with respect to matters of general policy involved in the administration of this chapter, and particularly with respect to the coordination of activities under this chapter and related activities under other Federal, State, or local laws and on such other matters relating to this chapter as the Secretary may request.
(b) (1) The Secretary is also authorized to appoint such other technical or advisory committees to advise him in connection with activities under this chapter as he deems necessary.
(2) Members of any committee appointed under this section who are not otherwise in the regular full-time employ of the United States, while attending meetings of their respective committees, shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per diem (or, if higher, the rate specified at the time of such service for grade GS-18 in Table 5, section 5332), including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (section 5703 of Title 5) for persons in the Government service employed intermittently.
(Pub. L. 90-445, title IV, § 409, July 31, 1968, 82 Stat. 473.)
For purposes of this chapter—
(1) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
(2) The term "State agency" means the State agency designated in a State's comprehensive juvenile delinquency plan.
(3) The term "public agency" means a duly elected political body or a subdivision thereof and shall not be construed to include the Office of Economic Opportunity. Such term includes an Indian tribe. In the case of a grant under part A of subchapter I of this chapter or section 3842 of this title, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of any planning, project, or program, he may increase the Federal share of the cost thereof payable under this chapter to the extent necessary, notwithstanding the maximum otherwise imposed by this chapter on the portion of such cost which may be so payable.
(4) The term "nonprofit private agency or organization" means any accredited institution of higher education and any other agency, organization, or institution which is owned and operated by one or more nonprofit corporations or organizations no part of the net earnings of which inures, .or may lawfully inure, to the benefit of any private shareholder or individual, but only if such agency, organization, or institution was in existence at least two years before the date of an application under this chapter. Such term shall not be construed to include the Office of Economic Opportunity. Participation by the Office of Economic Opportunity is expressly prohibited in administering this chapter.
(5) The term "Secretary" means the Secretary of Health, Education, and Welfare.
(Pub. L. 90-445, title IV, § 410, July 31, 1968, 82 Stat. 473.)
