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linquency components or plans under subchapter I of this chapter. (Pub. L. 90-445, title III, § 301, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 535.) CODIFICATION

A prior section 3871, Pub. L. 90-445, title III, § 301, July 31, 1968, 82 Stat. 470 related to the development of improved techniques and practices for the prevention of juvenile delinquency.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3872, Pub. L. 90-445, title III, § 301, July 31, 1968, 82 Stat. 470.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title.

§ 3872. State assistance to local units.

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 agencies 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, § 302, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 535.)

CODIFICATION

A prior section 3872, Pub. L. 90-445, title III, § 302, July 31, 1968, 82 Stat. 471 related to technical assistance for the prevention of juvenile delinquency. See section 3871 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3873, Pub. L. 90-445, title III, § 303, July 31, 1968, 82 Stat. 471.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title.

§ 3873. Information and other services.

The Secretary shall collect, evaluate, publish, and disseminate information and materials relating to research and programs and projects conducted under this chapter, and any other matters relating to prevention or treatment of delinquency, 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, § 303, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 535.)

CODIFICATION

A prior section 3873, Pub. L. 90-445, title III, § 303, July 31, 1968, 82 Stat. 471 related to state assistance to local units. See section 3872 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3874, Pub. L. 90-445, title III, § 304, July 31, 1968, 82 Stat. 471.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3874. Information services.

CODIFICATION

Section 3874, Pub. L. 90-445, title III, § 304, July 31, 1968, 82 Stat. 471, relating to information services was omitted in the general revision of this chapter by Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 535, and is now covered by section 3873 of this title.

SUBCHAPTER IV.-ADMINISTRATION

§ 3881. Payment procedure.

Payments of any grant or any contract under this chapter may be made (after necessary adjustment on account of previously made overpayments 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, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 535.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 3881, Pub. L. 90-445, title VI, § 401, July 31, 1968, 82 Stat. 471.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3882. Authorization of appropriations.

There are authorized to be appropriated for grants and contracts under this chapter, to the Department of Health, Education, and Welfare, $75,000,000 a year for the fiscal year 1973 and for the succeeding fiscal year. At least 80 per centum of the amount appropriated for each such fiscal year shall be used for funding programs under subchapter I of this chapter, of which no more than 10 per centum may be used to meet costs of construction. (Pub. L. 90-445, title IV, § 402, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 536.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 3882, Pub. L. 90-445, title IV, § 402, July 31, 1968, 82 Stat. 471, as amended by Pub. L. 92-31, § 3, June 30, 1971, 85 Stat. 84.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92– 381, set out as a note under section 3801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3885 of this title. § 3883. Amounts available to each State.

(a) Payments pursuant to grants or contracts made under subchapter I of this chapter for any fiscal year with respect to activities in any one State may not exceed 12 per centum of the total of the funds available for such grants or contracts under such subchapter for such fiscal year.

(b) of the funds available for grants or contracts 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 or contracts under subchapter I of this chapter for such year, such portion shall be available for grants or contracts under such subchapter 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, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 536.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 3883, Pub. L. 90-445, title IV, § 403, July 31, 1968, 82 Stat. 471.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92381, set out as a note under section 3801 of this title.

§ 3884. Labor standards.

It shall be a condition of any grant under this chapter 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 IV, § 404, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 536.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in text, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION

A prior section 3884, Pub. L. 90-445, title IV, § 404, July 31, 1968, 82 Stat. 472 related to the evaluation of programs. See section 3885 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3843, Pub. L. 90-445, title I. § 133, July 31, 1968, 82 Stat. 468.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92381, set out as a note under section 3801 of this title.

§ 3885. Evaluation.

(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 3889 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, § 405, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 536.)

CODIFICATION

A prior section 3885, Pub. L. 90-445, title IV, § 405, July 31, 1968, 82 Stat. 472 related to judicial review. See section 3886 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3884, Pub. L. 90-445, title IV, § 404, July 31, 1968, 82 Stat. 472.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3886. Judicial review.

In the case of action taken by the Secretary terminating or refusing to continue financial assistance pursuant to a grant or contract under this chapter to a grantee, such grantee may obtain judicial review of such action in accordance with chapter 7 of Title 5. (Pub. L. 92-381, title IV, § 406, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 537.)

CODIFICATION

A prior section 3886, Pub. L. 90-445, title IV, § 406, July 31, 1968, 82 Stat. 472 related to joint funding by several agencies. See section 3887 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3885, Pub. L. 90-445, title IV, § 405, July 31, 1968, 82 Stat. 472.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3887. Joint funding.

Pursuant to regulations prescribed by the President, where funds are advanced for a single project by more than one Federal agency to an agency 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 nonFederal 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, § 407, as added Pub. L. 92381, § 1, Aug. 14, 1972, 86 Stat. 537.)

CODIFICATION

A prior provision 3887, Pub. L. 90-445, title IV, § 407, July 31, 1968, 82 Stat. 472, as amended by Pub. L. 92-31, § 4, June 30, 1971, 85 Stat. 84, related to coordination of efforts of federal officers. See section 3888 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3886, Pub. L. 90-445, title IV, § 406, July 31, 1968, 82 Stat. 472.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3888. Coordination.

(a) In the administration of this chapter, the Secretary shall limit assistance under this chapter to programs and activities which are carried on outside of the juvenile justice system (which encompasses agencies such as the police, the courts, correctional institutions, detention homes, and probation and parole authorities).

(b) (1) There shall be established an Interdepartmental Council on Juvenile Delinquency (hereinafter referred to as the "Council") whose function shall

be to coordinate all Federal juvenile delinquency programs.

(2) The Council shall be composed of the Attorney General, the Secretary, or their respective designees, and representatives of such other agencies as the President shall designate.

(3) The Chairman of the Council shall be appointed by the President.

(4) The Council shall meet a minimum of six times per year and the activities of the Council shall be included in the annual report as required by section 3889 of this title. (Pub. L. 90-445, title IV, § 408, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 537.) CODIFICATION

A prior section 3888, Pub. L. 90-445, title IV, § 408, July 31, 1968, 82 Stat. 472 related to annual reports to Congress. See section 3889 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in prior section 3887, Pub. L. 90-445, title IV, § 407, July 31, 1968, 82 Stat. 472.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3889 of this title.

§ 3889. Annual report to Congress.

Not later than one hundred and twenty days after the close of each fiscal year, the Interdepartmental Council, with the appropriate assistance and concurrence of other Federal agencies who are consulted and whose activities are coordinated under section 3888 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 field 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 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 followup information on trainees and former trainees assisted under subchapter II of this chapter;

(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, methods.

and

(Pub. L. 90-445, title IV, § 409, as added Pub. L. 92381, § 1, Aug. 14, 1972, 86 Stat. 537.)

CODIFICATION

A prior section 3889, Pub. L. 90-445, title IV, § 409, July 31, 1968, 82 Stat. 473, related to appointment of advisory committees.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3888, Pub. L. 90-445, title IV, § 408, July 31, 1968, 82 Stat. 472.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3885, 3888 of this title.

§ 3890. General provisions.

(a) Nothing in this chapter shall be construed or applied in such a manner as to infringe upon or usurp the moral and legal rights and responsibilities of parents or guardians with respect to the moral, mental, emotional, or physical development of their children. Nor shall any section of this chapter be construed or applied in such a manner as to permit any invasion of privacy otherwise protected by law, or to abridge any legal remedies for any such invasion which is otherwise provided by law.

(b) The Secretary is directed to establish appropriate procedures to insure that no child shall be the subject of any research or experimentation under this chapter other than routine testing and normal program evaluation unless the parent or guardian of such child is informed of such research or experimentation and is given an opportunity as of right to except such child therefrom. (Pub. L. 90-445, title IV, § 410, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 538.)

CODIFICATION

A prior section 3890, Pub. L. 90-445, title IV, § 410, July 31, 1968, 82 Stat. 473, related to definitions. See section 3891 of this title.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title. § 3891. Definitions.

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 "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.

(3) The term "nonprofit private agency" means any accredited institution of higher education, and any other agency, organization, or institution no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, or which is owned and operated by one or more such agencies, 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.

(6) The term "construction" includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for new buildings). For the purposes of this paragraph, the

1 So in original. Section enacted without a par. (4).

term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them.

(7) The term "youth services" means services which assist in the prevention of juvenile delinquency, including, but not limited to: individual and group counseling, family counseling, diagnostic services, remedial education, tutoring, alternate schools (institutions which provide education to youths outside the regular or traditional school system), vocational testing and training, job development and placement, emergency shelters, halfway houses, health services, drug abuse programs, social, cultural, and recreational activities, the development of paraprofessional or volunteer programs, community awareness programs, foster care and shelter care homes, and community-based treatment facilities or services.

(8) The term "coordinated youth services" means a comprehensive service delivery system, separate from the system of juvenile justice (which encompasses agencies such as the juvenile courts, law enforcement agencies, and detention facilities) for providing youth services to an individual who is in danger of becoming delinquent and to his family in a manner designed to

(a) facilitate accessibility to and utilization of all appropriate youth services provided within the geographic area served by such system by any public or private agency or organization, which desires to provide such services through such system;

(b) identify the need for youth services not currently provided in the geographic area covered by such system, and, where appropriate, provide such services through such system;

(c) make the most effective use of youth services in meeting the needs of young people who are in danger of becoming delinquent, and their families;

(d) use available resources efficiently and with a minimum of duplication in order to achieve the purposes of this chapter; and

(e) identify the types and profiles of individual youths who are to be served by such a comprehensive system.

(9) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (Pub. L. 90-455, title IV, § 411, as added Pub. L. 92-381, § 1, Aug. 14, 1972, 86 Stat. 538.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 3890, Pub. L. 90-445, title IV, § 410, July 31, 1968, 82 Stat. 473.

EFFECTIVE DATE

Section effective July 1, 1972, see section 3 of Pub. L. 92-381, set out as a note under section 3801 of this title.

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4105.

(a) Publication or notification of proposed flood elevation determinations.

(b) Publication of flood elevation determinations; appeal of owner or lessee to local government scientific or technical knowledge or information as basis for appeal; modification of proposed determinations. (c) Appeals by private persons; submission of negativing or contradicting data to community; opinion of community respecting Justification for appeal by community; transmission of individual appeals to Secretary; filing of community action with Secretary.

(d) Administrative review of appeals by private persons; modification of proposed determinations; decision of Secretary: form and distribution.

(e) Administrative review of appeals by community; agencies for resolution of conflicting data; availability of flood insurance pending such resolution; time for determination of Secretary; community adoption of local land use and control measures within reasonable time of final determination; public inspection and admissibility in evidence of reports and other administrative information.

(f) Judicial review of final administrative determinations; venue; time for appeal; scope of review; good cause for stay of final determinations.

Disaster mitigation requirements; notification to flood-prone areas [New].

(a) Initial notification.

(b) Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of administrative determination of existence or extent of flood hazard area.

(d) Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program.

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(g) The Congress also finds that (1) the damage and loss which may result from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels. (As amended Pub. L. 93-234, title I, § 108 (a), Dec. 31, 1973, 87 Stat. 979.)

AMENDMENTS

1973-Subsec. (g). Pub. L. 93-234 added subsec. (g).

§ 4002. Additional Congressional findings and declaration of purpose.

(a) The Congress finds that—

(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;

(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;

(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;

(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;

(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and

(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified for their losses in the event of future flood disasters.

(b) The purpose of this Act, therefore, is to(1) substantially increase the limits of coverage authorized under the national flood insurance program;

(2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas;

(3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plan ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and

(4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards.

(Pub. L. 93-234, § 2, Dec. 31, 1973, 87 Stat. 975.)

REFERENCES IN TEXT

For classification of "this Act", referred to in subsec. (b), meaning Pub. L. 93-234, the Flood Disaster Protection Act of 1973, see Short Title note set out under this section.

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of 1973, and not as part of National Flood Insurance Act of 1968, which is classified to this chapter.

SHORT TITLE

Section 1 of Pub. L. 93-234 provided: "That this Act [which enacted sections 4002, 4003, 4012a, 4104-4107, and 4128 of this title, amended sections 4001, 4013(b) (1) (A)— (C), 4014, 4015(c), 4016(a), 4026, 4054, 4056 (a), 4101, and 4121 of this title and sections 24 and 1709-1 of Title 12, and repealed section 4021 of this title] may be cited as the 'Flood Disaster Protection Act of 1973'."

§ 4003. Additional definitions.

(a) As used in this Act, unless the context otherwise requires, the term

(1) "community" means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards;

(2) "Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;

(3) "financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any

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