tary, and shall be made on such conditions as he finds necessary to carry out the purposes for which the grant or contract is made. "APPROPRIATIONS "SEC. 402. There are authorized to be appropriated for grants and contracts under this Act, 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 title I, of which no more than 10 per centum may be used to meet costs of construction. "SEC. 403. (a) Payments pursuant to grants or contracts made under title I of this Act 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 title for such fiscal year. "(b) of the funds available for grants or contracts under title I 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 title I of this Act for such year, such portion shall be available for grants or contracts under such title for such year with respect to activities in any other State (in the case of which such a determination has not been made). "LABOR STANDARDS "SEC. 404. It shall be a condition of any grant under this Act 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 (40 U.S.C. 276a276a-5). 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 (15 P.R. 36: 64 Stat. 1267) and section 2 of the Act of June 13, 1934. as amended (40 U.S.C. 276c). "EVALUATION "SEC. 405. (a) The Secretary shall provide for the continuing evaluation of the programs, projects, and other activities under this Act, 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 Act. The results of such evaluations shall be included in the report required by section 409. (b) In addition to funds otherwise available for evaluation, such portion of any appropriation under section 402 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. 86 STAT. 536 49 Stat. 1011. 5 USC app. 63 Stat. 108; 72 Stat. 967. Post, P. 537. 86 STAT 537 80 Stat. 392. 5 USC 701. Interdepartmental Council on Juvenile Delinquency, 884tablishment. "JUDICIAL REVIEW "SEC. 406. In the case of action taken by the Secretary terminating or refusing to continue financial assistance pursuant to a grant or contract under this Act to a grantee, such grantee may obtain judicial review of such action in accordance with chapter 7 of title 5 of the United States Code. "JOINT FUNDING "Sec. 407. 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 Act, 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. "COORDINATION "SEC. 408. (a) In the administration of this Act, the Secretary shall limit assistance under this Act 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 estabished 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 409 of this title. "ANNUAL REPORT "SEC. 409. 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 408 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 Act; "(2) the nature and results of technical assistance conducted under title III of this Act; "(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 title II of this Act; 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. "GENERAL PROVISIONS "SEC. 410. (a) Nothing in this Act 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 Act 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. "(6) The Secretary is directed to establish appropriate procedures to insure that no child shall be the subject of any research or experimentation under this Act 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. "DEFINITIONS "SEC. 411. For purposes of this Act "(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 Act. 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 Act. "(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 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. 86 STAT. 538 86 STAT. 539 Effective date. "(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 Act; 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." SEC. 2. The title of such Act is amended to read as follows: "An Act to assist elementary and secondary schools, community agencies, and other public and nonprofit private agencies to prevent juvenile delinquency, and for other purposes." SEC. 3. The amendments made by sections 1 and 2 of this Act shall be effective July 1, 1972. Approved August 14, 1972. 36-930 O-79-12 LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1196 (Comm. on Education and Labor). July 17, considered and passed House. Public Law 92-391 Joint Resolution To suspend until March 1, 1973, the effectiveness of certain amendments made by the Education Amendments of 1972 to the Guaranteed Student Loan Program. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the effectiveness of Student loan the amendments made by sections 132A, 132B, 132C, 132D, 132E, and program. 132F of the Education Amendments of 1972 is hereby suspended for Effectiveness the period beginning with the date of enactment of this joint resolu- of amendments, tion and ending March 1, 1973, and the provisions of part B of title delay. IV of the Higher Education Act of 1965, as in effect immediately prior Ante, p. 261. to the enactment of such amendments, shall be effective during such 20 USC 1071. period, except that (1) nothing in this joint resolution shall be deemed 86 STAT. 563 to affect the validity of any action taken or obligation undertaken 86 STAT. 564 under such part prior to the enactment of this joint resolution, and (2) section 438(b) of the Higher Education Act of 1965 shall continue Ante, p. 264. to be in effect during such period. Section 431 (b) of the General Edu cation Provisions Act and section 495 of the Higher Education Act of 84 Stat. 169; 1965 shall not be applicable in the case of administrative action taken Ante, p. 326. to effectuate this joint resolution. Approved August 19, 1972. 20 USC 1232. Ante, p. 280. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 118 (1972): Aug. 16, considered and passed Senate. Aug. 18, considered and passed House, amended; Senate concurred in House amendments. 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