Appendix B to Subpart I of Part 42 - Age Distinctions in Federal Statutes or Regulations Affecting Financial Assistance Administered by the Department of Justice
28:1.0.1.1.43.9.56.27.30 : Appendix B
Appendix B to Subpart I of Part 42 - Age Distinctions in Federal
Statutes or Regulations Affecting Financial Assistance Administered
by the Department of Justice
Section 90.31(f) of HHS' the general regulations (45 CFR part
90) requires each federal agency to publish an appendix to its
final regulation containing a list of age distinctions in federal
statutes and regulations affecting financial assistance
administered by the agency. This appendix is the Department's list
of federal statutes and Department regulations that contain age
distinctions that:
(1) Provide benefits or assistance to persons based upon age;
or
(2) Establish criteria for participation in age-related terms;
or
(3) Describe intended beneficiaries or target groups in
age-related terms.
The Department administers financial assistance under the
Juvenile Justice and Delinquency Prevention Act of 1974, as amended
(42 U.S.C. 5601-5672). This statute reflects the basic distinction
between criminal justice systems for adults and juvenile justice
systems, and the entire statute is predicated upon making
distinctions on the basis of age between juveniles and adults. Such
age distinctions are set forth throughout this statute, including
provisions establishing programs of financial assistance to
juvenile justice systems and for purposes related to the prevention
of juvenile delinquency. The Department's current regulations
pertaining to formula grants under this statute are set forth at 28
CFR part 31 (CFDA No. 16.540). In order to implement the statutory
purposes, these regulations reflect the same age distinctions
between juveniles and adults as are contained in the statute. The
same statute also provides for discretionary special emphasis
grants for which there are program announcements issued (CFDA No.
16.541), and this program also necessarily reflects the basic
statutory distinction based on age.
The Department is authorized to extend financial assistance
under the Missing Children's Assistance Act, as amended (42 U.S.C.
5771-5777). This law is concerned with problems related to missing
children, and, thus, it contains many age-related references to
children, including references in connection with the provision of
financial assistance. Program announcements are issued in
connection with this program (CFDA No. 16.543).
The Department is authorized to extend financial assistance
pursuant to the Omnibus Crime Control and Safe Streets Act of 1968,
as amended (42 U.S.C. 3701-3797). Among the statutory purposes of
this law is the provision of grants addressing problems related to
juvenile delinquency and problems related to crimes committed
against elderly persons. Accordingly, this law also reflects the
basic distinction between criminal justice systems for adults and
juvenile justice systems. This law also singles out elderly persons
as a special target group to benefit from its programs. The
Department's regulations concerning block grants authorized under
this statute are set forth at 28 CFR part 33. These regulations
reflect the statutory authorizations for such block grants, which
specifically authorize funds for, among other things, programs
addressing problems related to juvenile delinquency and programs
addressing the problem of crimes committed against elderly persons
(CFDA No. 16.573). Similarly, the statute provides for
discretionary grants to enhance and complement the block grants
(CFDA No. 16.574) and has been amended to provide a focus on
narcotics control (CFDA No. 16.580).
The Department is authorized to extend financial assistance
under the Victims of Crime Act of 1984, as amended (42 U.S.C.
10601-10604). Among other things, in order to qualify for funds
under one grant program, a state must certify that priority will be
given to eligible crime victim assistance programs that help
victims of certain crimes, including child abuse. In addition,
among the services to victims of crime for which funding is
available is “short term child care services” (CFDA Nos. 16.575 and
16.576).
The Department is authorized to make grants to Native American
Indian tribes with funds reserved to the Office of Victims of Crime
under the Victims of Crime act of 1984, as amended (42 U.S.C.
10601(g)). The primary purpose of the funding is to assist Native
American Indian tribes with handling child abuse cases,
particularly child sexual abuse (CFDA No. 16.583).
The Department is authorized to extend financial assistance to
state and local authorities for narcotics control under the
Anti-Drug Abuse Act of 1988 (Pub. L. 100-690, 102 Stat. 4181),
which extends and/or modifies each of the previously noted laws.
The statute reflects the basic distinction between criminal justice
systems for adults and juveniles (CFDA Nos. 16.579 and 16.582).