Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "34 U.S.C. § 11101"
description: "Findings"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "111"
chapter_name: "JUVENILE JUSTICE AND DELINQUENCY PREVENTION"
section: "11101"
citation: "34 U.S.C. § 11101"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 34 U.S.C. § 11101 - Findings
## Text
(a) The Congress finds the following:
(1) Although the juvenile violent crime arrest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high.
(2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually.
(3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests.
(4) More than ½ of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm.
(5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent.
(6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970s, 19 States reported youth gang problems. By the late 1990s, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent.
(7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher rates than individuals in all other age groups. Only 30.8 percent of these violent victimizations were reported by youth to police in 1999.
(8) One-fifth of juveniles 16 years of age who had been arrested were first arrested before attaining 12 years of age. Juveniles who are known to the juvenile justice system before attaining 13 years of age are responsible for a disproportionate share of serious crimes and violence.
(9) The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders entering the juvenile justice system.
(10) These problems should be addressed through a 2-track common sense approach that addresses the needs of individual juveniles and society at large by promoting—
(A) quality prevention programs that—
(i) work with juveniles, their families, local public agencies, and community-based organizations, and take into consideration such factors as whether or not juveniles have been the victims of family violence (including child abuse and neglect); and
(ii) are designed to reduce risks and develop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and
(B) programs that assist in holding juveniles accountable for their actions and in developing the competencies necessary to become responsible and productive members of their communities, including a system of graduated sanctions to respond to each delinquent act, requiring juveniles to make restitution, or perform community service, for the damage caused by their delinquent acts, and methods for increasing victim satisfaction with respect to the penalties imposed on juveniles for their acts.
(11) Coordinated juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter can help prevent juveniles from becoming delinquent and help delinquent youth return to a productive life.
(b) Congress must act now to reform this program by focusing on juvenile delinquency prevention programs, as well as programs that hold juveniles accountable for their acts and which provide opportunities for competency development. Without true reform, the juvenile justice system will not be able to overcome the challenges it will face in the coming years when the number of juveniles is expected to increase by 18 percent between 2000 and 2030.
(Pub. L. 93415, title I, § 101, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 96509, § 3, Dec. 8, 1980, 94 Stat. 2750; Pub. L. 98473, title II, § 611, Oct. 12, 1984, 98 Stat. 2107; Pub. L. 102586, § 1(a), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107273, div. C, title II, § 12202, Nov. 2, 2002, 116 Stat. 1869.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5601 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2002—Pub. L. 107273 amended heading and text generally. Prior to amendment, text read as follows: “(a) The Congress hereby finds that— “(1) juveniles accounted for almost half the arrests for serious crimes in the United States in 1974 and for less than one-third of such arrests in 1983; “(2) recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use; “(3) the small number of youth who commit the most serious and violent offenses are becoming more violent; “(4) understaffed, overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities and inadequately trained staff in such courts, services, and facilities are not able to provide individualized justice or effective help; “(5) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of children, who, because of this failure to provide effective services, may become delinquents; “(6) existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse alcohol and other drugs, particularly nonopiate or polydrug abusers; “(7) juvenile delinquency can be reduced through programs designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions; “(8) States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; “(9) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency; “(10) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation; “(11) emphasis should be placed on preventing youth from entering the juvenile justice system to begin with; and “(12) the incidence of juvenile delinquency can be reduced through public recreation programs and activities designed to provide youth with social skills, enhance self esteem, and encourage the constructive use of discretionary time. “(b) Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency.” 1992—Subsec. (a)(2), (3). Pub. L. 102586, § 1(a)(2), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively. Subsec. (a)(4). Pub. L. 102586, § 1(a)(1), (3), redesignated par. (2) as (4) and inserted “prosecutorial and public defender offices,”. Former par. (4) redesignated (6). Subsec. (a)(5) to (10). Pub. L. 102586, § 1(a)(1), redesignated pars. (3) to (8) as (5) to (10), respectively. Subsec. (a)(11), (12). Pub. L. 102586, § 1(a)(4)(6), added pars. (11) and (12). 1984—Subsec. (a)(1). Pub. L. 98473, § 611(1), substituted “accounted” for “account” and “in 1974 and for less than one-third of such arrests in 1983” for “today”. Subsec. (a)(2). Pub. L. 98473, § 611(2), inserted “and inadequately trained staff in such courts, services, and facilities”. Subsec. (a)(3). Pub. L. 98473, § 611(3), struck out “the countless, abandoned, and dependent” before “children, who”. Subsec. (a)(5). Pub. L. 98473, § 611(4), substituted “reduced” for “prevented”. 1980—Subsec. (a)(4). Pub. L. 96509, § 3(1), inserted reference to alcohol abuse. Subsec. (a)(8). Pub. L. 96509, § 3(2)(4), added par. (8).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentPub. L. 107273, div. C, title II, § 12223, Nov. 2, 2002, 116 Stat. 1896, as amended by Pub. L. 1087, div. B, title I, § 110(2), (3), Feb. 20, 2003, 117 Stat. 67, provided that: “(a) Effective Date.—Except as provided in subsection (b), this subtitle [subtitle B (§§ 1220112223) of title II of div. C of Pub. L. 107273, see Tables for classification] and the amendments made by this subtitle shall take effect on the effective date provided in section 12102(b) [set out as a note under section 10401 of this title]. “(b) Application of Amendments.—The amendments made by this subtitle shall apply only with respect to fiscal years beginning on or after the effective date provided in subsection (a).”
Effective Date of 1988 AmendmentPub. L. 100690, title VII, § 7296, Nov. 18, 1988, 102 Stat. 4463, as amended by Pub. L. 101204, title X, § 1001(d), Dec. 7, 1989, 103 Stat. 1827, provided that: “(a) Effective Date.—Except as provided in subsection (b), this subtitle [subtitle F (§§ 72507296) of title VII of Pub. L. 100690, see Tables for classification] and the amendments made by this Act [probably should be subtitle] shall take effect on October 1, 1988. “(b) Application of Amendments.—(1) The amendments made by section 7258(a) [amending section 11133 of this title] shall not apply to a State with respect to a fiscal year beginning before the date of the enactment of this Act [Nov. 18, 1988] if the State plan is approved before such date by the Administrator for such fiscal year. “(2) The amendments made by section 7253(b)(1) [amending section 11114 of this title] and section 7278 [enacting section 11277 of this title] shall not apply with respect to fiscal year 1989. “(3) Notwithstanding the 180-day period provided in—“(A) section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) [now 34 U.S.C. 11117], as added by section 7255; “(B) section 361 of the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) [now 34 U.S.C. 11273], as redesignated by section 7273(e)(2) and amended by section 7274; and “(C) section 404(a)(5) [now 404(a)(6)] of the Missing Childrens Assistance Act (42 U.S.C. 5773(a)(5) [now 34 U.S.C. 11293(a)(6)]), as amended by section 7285(a)(3); the reports required by such sections to be submitted with respect to fiscal year 1988 shall be submitted not later than August 1, 1989.”
Effective Date of 1984 AmendmentPub. L. 98473, title II, § 670, Oct. 12, 1984, 98 Stat. 2129, provided that: “(a) Except as provided in subsection (b), this division [division II (§§ 610670) of chapter VI of title II of Pub. L. 98473, see Tables for classification] and the amendments made by this division shall take effect on the date of the enactment of this joint resolution [Oct. 12, 1984] or October 1, 1984, whichever occurs later. “(b) Paragraph (2) of section 331(c) of the Runaway and Homeless Youth Act [34 U.S.C. 11280], as added by section 657(d) of this division, shall not apply with respect to any grant or payment made before the effective date of this joint resolution [Oct. 12, 1984].”
Effective Date of 1977 AmendmentPub. L. 93415, title II, § 263(c), as added by Pub. L. 95115, § 6(d)(2), Oct. 3, 1977, 91 Stat. 1058, which provided that except as otherwise provided by the Juvenile Justice Amendments of 1977 (see Short Title of 1977 Act note set out under section 10101 of this title and Tables), the amendments made by the Juvenile Justice Amendments of 1977 were to take effect on Oct. 1, 1977, was repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449.
Effective DatePub. L. 93415, title II, § 263(a), (b), Sept. 7, 1974, 88 Stat. 1129, as amended by Pub. L. 94273, § 32(a), Apr. 21, 1976, 90 Stat. 380; Pub. L. 95115, § 6(d)(1), Oct. 3, 1977, 91 Stat. 1058, which provided that (a) except as provided by subsections (b) and (c) (formerly set out as an Effective Date of 1977 Amendment note above), the foregoing provisions of such Act (enacting subchapters I and II of this chapter and amending section 5108 of Title 5, Government Organization and Employees) were to take effect on Sept. 7, 1974, and that (b) section 5614(b)(5) and 5614(b)(6) of this title was to become effective at the close of the thirty-first day of the twelfth calendar month of 1974 and section 5614(l) of this title was to become effective at the close of the thirtieth day of the eleventh month of 1976, was repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449.
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "111"
chapter_name: "JUVENILE JUSTICE AND DELINQUENCY PREVENTION"
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citation: "34 U.S.C. § 11112"
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---
# 34 U.S.C. § 11112 - Personnel
## Text
(a) Selection; employment; compensation The Administrator is authorized to select, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in the Administrator and to prescribe their functions.
(b) Special personnel The Administrator is authorized to select, appoint, and employ not to exceed three officers and to fix their compensation at rates not to exceed the rate now or hereafter payable under section 5376 of title 5.
(c) Personnel from other agencies Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Administrator to assist the Administrator in carrying out the functions of the Administrator under this subchapter.
(d) Experts and consultants The Administrator may obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate now or hereafter payable under section 5376 of title 5.
(Pub. L. 93415, title II, § 202, Sept. 7, 1974, 88 Stat. 1113; Pub. L. 95115, § 3(a)(3)(A), Oct. 3, 1977, 91 Stat. 1048; Pub. L. 96509, § 19(c), Dec. 8, 1980, 94 Stat. 2763; Pub. L. 98473, title II, § 621, Oct. 12, 1984, 98 Stat. 2109; Pub. L. 102586, § 2(b), Nov. 4, 1992, 106 Stat. 4984; Pub. L. 107273, div. C, title II, § 12221(a)(1), Nov. 2, 2002, 116 Stat. 1894.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5612 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2002—Subsec. (b). Pub. L. 107273 substituted “payable under section 5376” for “prescribed for GS18 of the General Schedule by section 5332”. 1992—Subsec. (b). Pub. L. 102586, § 2(b)(1), which directed the substitution of “payable under section 5376” for “prescribes for GS18 of the General Schedule by section 5332”, could not be executed because the phrase “prescribes for GS18 of the General Schedule by section 5332” did not appear in text. Subsec. (c). Pub. L. 102586, § 2(b)(2), substituted “subchapter” for “chapter”. Subsec. (d). Pub. L. 102586, § 2(b)(3), substituted “payable under section 5376” for “prescribed for GS18 of the General Schedule by section 5332”. 1984—Subsec. (a). Pub. L. 98473, § 621(a), substituted “the Administrator” for “him” before “and to prescribe”. Subsec. (c). Pub. L. 98473, § 621(b), substituted “the Administrator” for “him” before “in carrying out” and “the functions of the Administrator” for “his functions”. 1980—Subsec. (c). Pub. L. 96509, § 19(c)(1), substituted “Administrator” for “Associate Administrator”. Subsec. (d). Pub. L. 96509, § 19(c)(2), substituted “title 5” for “title I” after “section 5332 of”. 1977—Subsec. (c). Pub. L. 95115 substituted “Associate” for “Assistant”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as a note under section 11101 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11113 - Voluntary and uncompensated services
## Text
The Administrator is authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31.
(Pub. L. 93415, title II, § 203, Sept. 7, 1974, 88 Stat. 1113.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 5613 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. “Section 1342 of title 31” substituted in text for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
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# 34 U.S.C. § 11115 - Joint funding; non-Federal share requirements
## Text
Notwithstanding any other provision of law, where funds are made available by more than one Federal agency to be used by any agency, organization, institution, or individual to carry out a Federal juvenile delinquency program or activity, any one of the Federal agencies providing funds may be requested by the Administrator to act for all in administering the funds advanced whenever the Administrator finds the program or activity to be exceptionally effective or for which the Administrator finds exceptional need. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and the Administrator may order any such agency to waive any technical grant or contract requirement (as defined in such regulations) which is inconsistent with the similar requirement of the administering agency or which the administering agency does not impose.
(Pub. L. 93415, title II, § 205, Sept. 7, 1974, 88 Stat. 1116; Pub. L. 95115, § 3(c), Oct. 3, 1977, 91 Stat. 1049; Pub. L. 96509, § 19(e), Dec. 8, 1980, 94 Stat. 2763.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5615 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1980—Pub. L. 96509 struck out “Associate” before “Administrator finds” in two places. 1977—Pub. L. 95115 inserted provisions relating to functions of the Associate Administrator with respect to joint funding.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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---
# 34 U.S.C. § 11117 - Annual report
## Text
Not later than 180 days after the end of each fiscal year, the Administrator shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains the following with respect to such fiscal year:
(1) A detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, and the trends demonstrated by the data required by subparagraphs (A), (B), and (C). Such summary and analysis shall set out the information required by subparagraphs (A), (B), (C), and (D) separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence—
(A) the types of offenses with which the juveniles are charged;
(B) the race, gender, and ethnicity, as such term is defined by the Bureau of the Census, of the juveniles;
(C) the ages of the juveniles;
(D) the types of facilities used to hold the juveniles (including juveniles treated as adults for purposes of prosecution) in custody, including secure detention facilities, secure correctional facilities, jails, and lockups;
(E) the number of juveniles who died while in custody and the circumstances under which they died;
(F) the educational status of juveniles, including information relating to learning and other disabilities, failing performance, grade retention, and dropping out of school;
(G) a summary of data from 1 month of the applicable fiscal year of the use of restraints and isolation upon juveniles held in the custody of secure detention and correctional facilities operated by a State or unit of local government;
(H) the number of status offense cases petitioned to court, number of status offenders held in secure detention, the findings used to justify the use of secure detention, and the average period of time a status offender was held in secure detention;
(I) the number of juveniles released from custody and the type of living arrangement to which they are released;
(J) the number of juveniles whose offense originated on school grounds, during school-sponsored off-campus activities, or due to a referral by a school official, as collected and reported by the Department of Education or similar State educational agency; and
(K) the number of juveniles in the custody of secure detention and correctional facilities operated by a State or unit of local or tribal government who report being pregnant.
(2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council.
(3) A description, based on the most recent data available, of the extent to which each State complies with section 11133 of this title and with the plan submitted under such section by the State for such fiscal year.
(4) An evaluation of the programs funded under this subchapter and their effectiveness in reducing the incidence of juvenile delinquency, particularly violent crime, committed by juveniles.
(5) A description of the criteria used to determine what programs qualify as evidence-based and promising programs under this subchapter and subchapter V and a comprehensive list of those programs the Administrator has determined meet such criteria in both rural and urban areas.
(6) A description of funding provided to Indian Tribes under this chapter or for a juvenile delinquency or prevention program under the Tribal Law and Order Act of 2010 (Public Law 111211; 124 Stat. 2261), including direct Federal grants and funding provided to Indian Tribes through a State or unit of local government.
(7) An analysis and evaluation of the internal controls at the Office of Juvenile Justice and Delinquency Prevention to determine if grantees are following the requirements of the Office of Juvenile Justice and Delinquency Prevention grant programs and what remedial action the Office of Juvenile Justice and Delinquency Prevention has taken to recover any grant funds that are expended in violation of the grant programs, including instances—
(A) in which supporting documentation was not provided for cost reports;
(B) where unauthorized expenditures occurred; or
(C) where subrecipients of grant funds were not compliant with program requirements.
(8) An analysis and evaluation of the total amount of payments made to grantees that the Office of Juvenile Justice and Delinquency Prevention recouped from grantees that were found to be in violation of policies and procedures of the Office of Juvenile Justice and Delinquency Prevention grant programs, including—
(A) the full name and location of the grantee;
(B) the violation of the program found;
(C) the amount of funds sought to be recouped by the Office of Juvenile Justice and Delinquency Prevention; and
(D) the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention.
(Pub. L. 93415, title II, § 207, as added Pub. L. 100690, title VII, § 7255, Nov. 18, 1988, 102 Stat. 4437; amended Pub. L. 102586, § 2(e), Nov. 4, 1992, 106 Stat. 4986; Pub. L. 107273, div. C, title II, § 12207, Nov. 2, 2002, 116 Stat. 1872; Pub. L. 115385, title II, § 203, Dec. 21, 2018, 132 Stat. 5128.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in par. (6), was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables. The Tribal Law and Order Act of 2010, referred to in par. (6), is title II of Pub. L. 111211, July 29, 2010, 124 Stat. 2261. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 2801 of Title 25, Indians, and Tables.
Codification Section was formerly classified to section 5617 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 207 of title II of Pub. L. 93415, as added Pub. L. 96509, § 9, Dec. 8, 1980, 94 Stat. 2753, related to establishment and functions of National Advisory Committee for Juvenile Justice and Delinquency Prevention, prior to repeal eff. Oct. 12, 1984, by Pub. L. 98473, title II, § 624, Oct. 12, 1984, 98 Stat. 2111. Another prior section 207 of title II of Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1117; Pub. L. 95115, § 3(e), Oct. 3, 1977, 91 Stat. 1050, related to National Advisory Committee for Juvenile Justice and Delinquency Prevention, its membership, terms of office, etc., prior to repeal by Pub. L. 96509, § 9, Dec. 8, 1980, 94 Stat. 2753.
Amendments2018—Pub. L. 115385, § 203(1), substituted “each fiscal year” for “a fiscal year” in introductory provisions. Par. (1)(B). Pub. L. 115385, § 203(2)(A), substituted “, gender, and ethnicity, as such term is defined by the Bureau of the Census,” for “and gender”. Par. (1)(F). Pub. L. 115385, § 203(2)(C), inserted “and other” before “disabilities,” and substituted semicolon for period at end. Par. (1)(G) to (K). Pub. L. 115385, § 203(2)(B), (D), added subpars. (G) to (K). Pars. (5) to (8). Pub. L. 115385, § 203(3), added pars. (5) to (8). 2002—Pars. (4), (5). Pub. L. 107273 added par. (4) and struck out former pars. (4) and (5) which read as follows: “(4) A summary of each program or activity for which assistance is provided under part C or D of this subchapter, an evaluation of the results of such program or activity, and a determination of the feasibility and advisability of replicating such program or activity in other locations. “(5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this subchapter, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles.” 1992—Par. (1)(D). Pub. L. 102586, § 2(e)(1)(A), inserted “(including juveniles treated as adults for purposes of prosecution)”. Par. (1)(F). Pub. L. 102586, § 2(e)(1)(B), (2), (3), added subpar. (F).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective DateSection effective Oct. 1, 1988, with the report required by this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in this section, see section 7296(a), (b)(3) of Pub. L. 100690, as amended, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in this section relating to submittal to the Speaker of the House of Representatives and the President pro tempore of the Senate of an annual report, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 10 on page 177 of House Document No. 1037.
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# 34 U.S.C. § 11131 - Authority to make grants and contracts
## Text
(a) The Administrator is authorized to make grants to States and units of local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system.
(b) (1) With not to exceed 5 percent of the funds available in a fiscal year to carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local governments 11 So in original. Probably should be “units of local governments”. (and combinations thereof), and local private agencies to facilitate compliance with section 11133 of this title and implementation of the State plan approved under section 11133(c) of this title.
(2) Grants and contracts may be made under paragraph (1) only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance.
(Pub. L. 93415, title II, § 221, Sept. 7, 1974, 88 Stat. 1118; Pub. L. 95115, § 4(a), Oct. 3, 1977, 91 Stat. 1050; Pub. L. 98473, title II, § 625(a), Oct. 12, 1984, 98 Stat. 2111; Pub. L. 100690, title VII, § 7256, Nov. 18, 1988, 102 Stat. 4438; Pub. L. 102586, § 2(f)(1), Nov. 4, 1992, 106 Stat. 4987; Pub. L. 105277, div. A, § 101(b) [title I, § 129(a)(2)(A)], Oct. 21, 1998, 112 Stat. 268150, 268175; Pub. L. 107273, div. C, title II, § 12221(a)(2), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115385, title II, § 204(a), Dec. 21, 2018, 132 Stat. 5130.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5631 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2018—Subsec. (b)(1). Pub. L. 115385 substituted “5 percent” for “2 percent”. 2002—Subsec. (b)(2). Pub. L. 107273 struck out at end “In providing such technical assistance, the recipient of a grant or contract under this subsection shall coordinate its activities with the State agency described in section 5671(c)(1) of this title.” 1998—Subsec. (a). Pub. L. 105277 substituted “units of local government” for “units of general local government”. 1992—Subsec. (b)(2). Pub. L. 102586, § 2(f)(1)(A), which directed the substitution of “experience” for “existence”, could not be executed because “existence” did not appear in text. Pub. L. 102586, § 2(f)(1)(B), made technical amendment to reference to section 5671 of this title to reflect renumbering of corresponding section of original act. 1988—Pub. L. 100690 inserted “and contracts” after “grants” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b). 1984—Pub. L. 98473 amended section catchline. 1977—Pub. L. 95115 inserted “grants and” before “contracts” and substituted “units of general local government or combinations thereof” for “local governments”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
Short TitleFor short title of part B of title II of Pub. L. 93415, which is classified to this part, as the “Charles Grassley Juvenile Justice and Delinquency Prevention Program”, see section 220 of Pub. L. 93415, set out as a Short Title of 1974 Act note under section 10101 of this title.
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# 34 U.S.C. § 11141 to 11146 - Repealed. Pub. L. 115385, title II, § 206, Dec. 21, 2018, 132 Stat. 5140
## Notes
Section 11141, Pub. L. 93415, title II, § 241, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1880, related to authority to make grants. Section was formerly classified to section 5651 of Title 42, The Public Health and Welfare.
A prior section 241 of Pub. L. 93415, title II, Sept. 7, 1974, 88 Stat. 1125; Pub. L. 95115, §§ 3(a)(3)(A), (5), 5(a), (f), Oct. 3, 1977, 91 Stat. 1048, 1049, 1056, 1057; Pub. L. 96509, § 19(j), Dec. 8, 1980, 94 Stat. 2765; Pub. L. 98473, title II, § 631, Oct. 12, 1984, 98 Stat. 2118; Pub. L. 100690, title VII, § 7259, Nov. 18, 1988, 102 Stat. 4441; Pub. L. 102586, § 2(g)(1), Nov. 4, 1992, 106 Stat. 4994, related to the National Institute for Juvenile Justice and Delinquency Prevention, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Section 11142, Pub. L. 93415, title II, § 242, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1884, related to allocation of funds. Section was formerly classified to section 5652 of Title 42, The Public Health and Welfare.
A prior section 242 of Pub. L. 93415, title II, Sept. 7, 1974, 88 Stat. 1126; Pub. L. 100690, title VII, § 7260, Nov. 18, 1988, 102 Stat. 4441; Pub. L. 102586, § 2(g)(2), Nov. 4, 1992, 106 Stat. 4995, related to the information function of the Institute, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Section 11143, Pub. L. 93415, title II, § 243, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1884, related to eligibility of States for grants. Section was formerly classified to section 5653 of Title 42, The Public Health and Welfare.
A prior section 243 of Pub. L. 93415, title II, Sept. 7, 1974, 88 Stat. 1126; Pub. L. 95115, §§ 3(a)(3)(B), 5(b), Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 98473, title II, § 632, Oct. 12, 1984, 98 Stat. 2118; Pub. L. 100690, title VII, § 7261, Nov. 18, 1988, 102 Stat. 4442; Pub. L. 102586, § 2(g)(3), Nov. 4, 1992, 106 Stat. 4995, related to research, demonstration, and evaluation, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Section 11144, Pub. L. 93415, title II, § 244, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1885, related to grants given by States for local projects. Section was formerly classified to section 5654 of Title 42, The Public Health and Welfare.
A prior section 244 of Pub. L. 93415, title II, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95115, § 5(f), Oct. 3, 1977, 91 Stat. 1057; Pub. L. 96509, § 19(k), Dec. 8, 1980, 94 Stat. 2765; Pub. L. 98473, title II, § 633, Oct. 12, 1984, 98 Stat. 2119; Pub. L. 100690, title VII, § 7262, Nov. 18, 1988, 102 Stat. 4442; Pub. L. 102586, § 2(g)(3), Nov. 4, 1992, 106 Stat. 4996; Pub. L. 105277, div. A, § 101(b) [title I, § 129(a)(2)(D)], Oct. 21, 1998, 112 Stat. 268150, 268176, related to technical assistance and training functions, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Section 11145, Pub. L. 93415, title II, § 245, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1885, related to eligibility of entities. Section was formerly classified to section 5655 of Title 42, The Public Health and Welfare.
A prior section 245 of Pub. L. 93415, title II, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95115, § 5(c), Oct. 3, 1977, 91 Stat. 1057; Pub. L. 96509, § 19(l), Dec. 8, 1980, 94 Stat. 2765, provided for the functions of the Advisory Committee, prior to repeal by Pub. L. 98473, title II, §§ 634, 670(a), Oct. 12, 1984, 98 Stat. 2119, 2129, effective Oct. 12, 1984.
Another prior section 245 of Pub. L. 93415 was classified to section 5659 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 107273.
Another prior section 245 of Pub. L. 93415 was classified to section 5656 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 100690.
Section, 11146, Pub. L. 93415, title II, § 246, as added Pub. L. 107273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1886, related to grants to Indian tribes. Section was formerly classified to section 5656 of Title 42, The Public Health and Welfare.
A prior section 246 of Pub. L. 93415, title II, formerly § 250, Sept. 7, 1974, 88 Stat. 1128; renumbered § 249 and amended Pub. L. 95115, §§ 3(a)(3)(B), 5(e)(1), (2)(A), Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96509, § 19(o), Dec. 8, 1980, 94 Stat. 2765; renumbered § 248 Pub. L. 98473, title II, § 638, Oct. 12, 1984, 98 Stat. 2120; renumbered § 246 and amended Pub. L. 100690, title VII, § 7263(a)(2)(E), (b)(2), Nov. 18, 1988, 102 Stat. 4443, 4447; Pub. L. 102586, § 2(g)(5), Nov. 4, 1992, 106 Stat. 4996, related to the curriculum for training program, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Another prior section 246 of Pub. L. 93415, title II, formerly § 247, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95115, § 5(d), Oct. 3, 1977, 91 Stat. 1057; renumbered § 246 and amended Pub. L. 98473, title II, § 636, Oct. 12, 1984, 98 Stat. 2120, set forth additional functions of the Institute for Juvenile Justice and Delinquency Prevention, prior to repeal by Pub. L. 100690, title VII, §§ 7263(a)(2)(C), 7296(a), Nov. 18, 1988, 102 Stat. 4443, 4463, effective Oct. 1, 1988.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
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# 34 U.S.C. § 11161 - Research and evaluation; statistical analyses; information dissemination
## Text
(a) Research and evaluation (1) The Administrator shall—
(A) annually publish a plan to identify the purposes and goals of all agreements carried out with funds provided under this subsection; and
(B) conduct research or evaluation in juvenile justice matters, for the purpose of providing research and evaluation relating to—
(i) the prevention, reduction, and control of juvenile delinquency and serious crime committed by juveniles;
(ii) the link between juvenile delinquency and the incarceration of members of the families of juveniles;
(iii) successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the juvenile justice and criminal justice systems;
(iv) successful efforts to prevent recidivism;
(v) the juvenile justice system;
(vi) juvenile violence;
(vii) the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement in the juvenile justice system, including an examination of the effects of secure detention in a correctional facility;
(viii) reducing the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups;
(ix) training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;
(x) methods to improve the recruitment, selection, training, and retention of professional personnel who are focused on the prevention, identification, and treatment of delinquency;
(xi) methods to improve the identification and response to victims of domestic child sex trafficking within the juvenile justice system;
(xii) identifying positive outcome measures, such as attainment of employment and educational degrees, that States and units of local government should use to evaluate the success of programs aimed at reducing recidivism of youth who have come in contact with the juvenile justice system or criminal justice system;
(xiii) evaluating the impact and outcomes of the prosecution and sentencing of juveniles as adults;
(xiv) successful and cost-effective efforts by States and units of local government to reduce recidivism through policies that provide for consideration of appropriate alternative sanctions to incarceration of youth facing nonviolent charges, while ensuring that public safety is preserved;
(xvi) 11 So in original. There is no cl. (xv). evaluating services, treatment, and aftercare placement of juveniles who were under the care of the State child protection system before their placement in the juvenile justice system;
(xvii) determining—
(I) the frequency, seriousness, and incidence of drug use by youth in schools and communities in the States using, if appropriate, data submitted by the States pursuant to this subparagraph and subsection (b); and
(II) the frequency, degree of harm, and morbidity of violent incidents, particularly firearm-related injuries and fatalities, by youth in schools and communities in the States, including information with respect to—
(aa) the relationship between victims and perpetrators;
(bb) demographic characteristics of victims and perpetrators; and
(cc) the type of weapons used in incidents, as classified in the Uniform Crime Reports of the Federal Bureau of Investigation; and
(xviii) other purposes consistent with the purposes of this subchapter and subchapter I.
(2) The Administrator shall ensure that an equitable amount of funds available to carry out paragraph (1)(B) is used for research and evaluation relating to the prevention of juvenile delinquency.
(3) Nothing in this subsection shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies, or in data-collection efforts, carried out under paragraph (1)(B)(x).
(4) Not later than 1 year after December 21, 2018, the Administrator shall conduct a study with respect to juveniles who, prior to placement in the juvenile justice system, were under the care or custody of the State child welfare system, and to juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and who remain wards of the State in accordance with applicable confidentiality requirements. Such study shall include—
(A) the number of juveniles in each category;
(B) the extent to which State juvenile justice systems and child welfare systems are coordinating services and treatment for such juveniles;
(C) the Federal and local sources of funds used for placements and post-placement services;
(D) barriers faced by State 22 So in original. Probably should be “States”. and Indian Tribes in providing services to these juveniles;
(E) the types of post-placement services used;
(F) the frequency of case plans and case plan reviews;
(G) the extent to which case plans identify and address permanency and placement barriers and treatment plans;
(H) a description of the best practices in discharge planning; and
(I) an assessment of living arrangements for juveniles who, upon release from confinement in a State correctional facility, cannot return to the residence they occupied prior to such confinement.
(b) Statistical analyses The Administrator shall—
(1) plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection; and
(2) undertake statistical work in juvenile justice matters, for the purpose of providing for the collection, analysis, and dissemination of statistical data and information relating to juvenile delinquency and serious crimes committed by juveniles, to the juvenile justice system, to juvenile violence, and to other purposes consistent with the purposes of this subchapter and subchapter I.
(c) Grant authority and competitive selection process The Administrator may make grants and enter into contracts with public or private agencies, organizations, or individuals and shall use a competitive process, established by rule by the Administrator, to carry out subsections (a) and (b).
(d) Implementation of agreements A Federal agency that makes an agreement under subsections (a)(1)(B) and (b)(2) with the Administrator may carry out such agreement directly or by making grants to or contracts with public and private agencies, institutions, and organizations.
(e) Information dissemination The Administrator may—
(1) review reports and data relating to the juvenile justice system in the United States and in foreign nations (as appropriate), collect data and information from studies and research into all aspects of juvenile delinquency (including the causes, prevention, and treatment of juvenile delinquency) and serious crimes committed by juveniles;
(2) establish and operate, directly or by contract, a clearinghouse and information center for the preparation, publication, and dissemination of information relating to juvenile delinquency, including State and local prevention and treatment programs, plans, resources, and training and technical assistance programs; and
(3) make grants and contracts with public and private agencies, institutions, and organizations, for the purpose of disseminating information to representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, the courts, corrections, schools, and related services, in the establishment, implementation, and operation of projects and activities for which financial assistance is provided under this subchapter.
(f) National recidivism measure The Administrator, in accordance with applicable confidentiality requirements and in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shall—
(1) establish a uniform method of data collection and technology that States may use to evaluate data on juvenile recidivism on an annual basis;
(2) establish a common national juvenile recidivism measurement system; and
(3) make cumulative juvenile recidivism data that is collected from States available to the public.
(Pub. L. 93415, title II, § 251, as added Pub. L. 107273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1888; amended Pub. L. 115385, title II, § 207, Dec. 21, 2018, 132 Stat. 5140.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5661 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2018—Subsec. (a)(1). Pub. L. 115385, § 207(1)(A)(i), substituted “shall” for “may” in introductory provisions. Subsec. (a)(1)(A). Pub. L. 115385, § 207(1)(A)(ii), substituted “annually publish a plan to identify” for “plan and identify”. Subsec. (a)(1)(B)(iii). Pub. L. 115385, § 207(1)(A)(iii)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: “successful efforts to prevent first-time minor offenders from committing subsequent involvement in serious crime;”. Subsec. (a)(1)(B)(vii). Pub. L. 115385, § 207(1)(A)(iii)(II), added cl. (vii) and struck out former cl. (vii) which read as follows: “appropriate mental health services for juveniles and youth at risk of participating in delinquent activities;”. Subsec. (a)(1)(B)(ix) to (xviii). Pub. L. 115385, § 207(1)(A)(iii)(III), (IV), added cls. (ix) to (xiv) and redesignated former cls. (ix) to (xi) as (xvi) to (xviii), respectively. Subsec. (a)(4). Pub. L. 115385, § 207(1)(B)(i), in introductory provisions, substituted “December 21, 2018” for “November 2, 2002” and inserted “in accordance with applicable confidentiality requirements” after “wards of the State”. Subsec. (a)(4)(D). Pub. L. 115385, § 207(1)(B)(ii), inserted “and Indian Tribes” after “State”. Subsec. (a)(4)(H), (I). Pub. L. 115385, § 207(1)(B)(iii)(v), added subpars. (H) and (I). Subsec. (b). Pub. L. 115385, § 207(2), substituted “shall” for “may” in introductory provisions. Subsec. (f). Pub. L. 115385, § 207(3), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
Effective DatePart effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
@@ -0,0 +1,105 @@
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---
# 34 U.S.C. § 11162 - Training and technical assistance
## Text
(a) Training The Administrator—
(1) shall develop and carry out projects for the purpose of training representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, to carry out the purposes specified in section 11102 of this title;
(2) may make grants to and contracts with public and private agencies, institutions, and organizations for the purpose of training representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, to carry out the purposes specified in section 11102 of this title; and
(3) shall provide periodic training for States regarding implementation of the core requirements, current protocols and best practices for achieving and monitoring compliance, and information sharing regarding relevant Office resources on evidence-based and promising programs or practices that promote the purposes of this chapter.
(b) Technical assistance The Administrator—
(1) shall develop and implement projects for the purpose of providing technical assistance to representatives and personnel of public and private agencies and organizations, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, in the establishment, implementation, and operation of programs, projects, and activities for which financial assistance is provided under this subchapter, including compliance with the core requirements;
(2) may make grants to and contracts with public and private agencies, institutions, and organizations, for the purpose of providing technical assistance to representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, in the establishment, implementation, and operation of programs, projects, and activities for which financial assistance is provided under this subchapter;
(3) shall provide technical assistance to States and units of local government on achieving compliance with the amendments to the core requirements and State Plans made by the Juvenile Justice Reform Act of 2018, including training and technical assistance and, when appropriate, pilot or demonstration projects intended to develop and replicate best practices for achieving sight and sound separation in facilities or portions of facilities that are open and available to the general public and that may or may not contain a jail or a lock-up; and
(4) shall provide technical assistance to States in support of efforts to establish partnerships between a State and a university, institution of higher education, or research center designed to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work and child protection, education, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, and treatment of delinquency.
(c) Training and technical assistance to mental health professionals and law enforcement personnel The Administrator shall provide training and technical assistance to mental health professionals and law enforcement personnel (including public defenders, prosecutors, police officers, probation officers, judges, parole officials, and correctional officers) to address or to promote the development, testing, or demonstration of promising or innovative models (including model juvenile and family courts), programs, or delivery systems that address the needs of status offenders and juveniles who are alleged or adjudicated delinquent and who, as a result of such status, are placed in secure detention or confinement or in nonsecure residential placements.
(d) Best practices regarding legal representation of children In consultation with experts in the field of juvenile defense, the Administrator shall—
(1) share best practices that may include sharing standards of practice developed by recognized entities in the profession, for attorneys representing children; and
(2) provide a State, if it so requests, technical assistance to implement any of the best practices shared under paragraph (1).
(e) Best practices for status offenders Based on the available research and State practices, the Administrator shall—
(1) disseminate best practices for the treatment of status offenders with a focus on reduced recidivism, improved long-term outcomes, and limited usage of valid court orders to place status offenders in secure detention; and
(2) provide a State, on request, technical assistance to implement any of the best practices shared under paragraph (1).
(f) Training and technical assistance for local and State juvenile detention and corrections personnel The Administrator shall coordinate training and technical assistance programs with juvenile detention and corrections personnel of States and units of local government—
(1) to promote methods for improving conditions of juvenile confinement, including methods that are designed to minimize the use of dangerous practices, unreasonable restraints, and isolation and methods responsive to cultural differences; and
(2) to encourage alternative behavior management techniques based on positive youth development approaches that may include methods responsive to cultural differences.
(g) Training and technical assistance to support mental health or substance abuse treatment including home-based or community-based care The Administrator shall provide training and technical assistance, in conjunction with the appropriate public agencies, to individuals involved in making decisions regarding the disposition and management of cases for youth who enter the juvenile justice system about the appropriate services and placement for youth with mental health or substance abuse needs, including—
(1) juvenile justice intake personnel;
(2) probation officers;
(3) juvenile court judges and court services personnel;
(4) prosecutors and court-appointed counsel; and
(5) family members of juveniles and family advocates.
(h) Training and technical assistance to support juvenile court judges and personnel The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention and the Office of Justice Programs in consultation with entities in the profession, shall provide directly, or through grants or contracts, training and technical assistance to enhance the capacity of State and local courts, judges, and related judicial personnel to—
(1) improve the lives of children currently involved in or at risk of being involved in the juvenile court system; and
(2) carry out the requirements of this chapter.
(i) Free and reduced price school lunches for incarcerated juveniles The Attorney General, in consultation with the Secretary of Agriculture, shall provide guidance to States relating to existing options for school food authorities in the States to apply for reimbursement for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) for juveniles who are incarcerated and would, if not incarcerated, be eligible for free or reduced price lunches under that Act.
(Pub. L. 93415, title II, § 252, as added Pub. L. 107273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1890; amended Pub. L. 115385, title II, § 208, Dec. 21, 2018, 132 Stat. 5142.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(3) and (h)(2), was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables. The Juvenile Justice Reform Act of 2018, referred to in subsec. (b)(3), is Pub. L. 115385, Dec. 21, 2018, 132 Stat. 5123. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 10101 of this title and Tables. The Richard B. Russell National School Lunch Act, referred to in subsec. (i), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
Codification Section was formerly classified to section 5662 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2018—Subsec. (a). Pub. L. 115385, § 208(1)(A), struck out “may” after “Administrator” in introductory provisions. Subsec. (a)(1). Pub. L. 115385, § 208(1)(B), inserted “shall” before “develop and carry out projects” and struck out “and” at end. Subsec. (a)(2). Pub. L. 115385, § 208(1)(C), inserted “may” before “make grants to and contracts with” and substituted “; and” for period at end. Subsec. (a)(3). Pub. L. 115385, § 208(1)(D), added par. (3). Subsec. (b). Pub. L. 115385, § 208(2)(A), struck out “may” after “Administrator” in introductory provisions. Subsec. (b)(1). Pub. L. 115385, § 208(2)(B), inserted “shall” before “develop and implement projects” and “, including compliance with the core requirements” after “this subchapter” and struck out “and” at end. Subsec. (b)(2). Pub. L. 115385, § 208(2)(C), inserted “may” before “make grants to and contracts with” and substituted semicolon for period at end. Subsec. (b)(3), (4). Pub. L. 115385, § 208(2)(D), added pars. (3) and (4). Subsec. (c). Pub. L. 115385, § 208(3), inserted “prosecutors,” after “public defenders,” and “status offenders and” after “needs of”. Subsecs. (d) to (i). Pub. L. 115385, § 208(4), added subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
@@ -0,0 +1,49 @@
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---
# 34 U.S.C. § 11171 - Grants and projects
## Text
(a) Authority to make grants The Administrator may make grants to and contracts with States, units of general local government, Indian tribal governments, public and private agencies, organizations, and individuals, or combinations thereof, to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. The Administrator shall ensure that, to the extent reasonable and practicable, such grants are made to achieve an equitable geographical distribution of such projects throughout the United States.
(b) Use of grants A grant made under subsection (a) may be used to pay all or part of the cost of the project for which such grant is made.
(Pub. L. 93415, title II, § 261, as added Pub. L. 107273, div. C, title II, § 12212, Nov. 2, 2002, 116 Stat. 1891.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5665 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 261 of title II of Pub. L. 93415, as added Pub. L. 100690, title VII, § 7263(a)(2)(F), Nov. 18, 1988, 102 Stat. 4443; amended Pub. L. 102586, § 2(g)(7), Nov. 4, 1992, 106 Stat. 5000, related to authority to make grants and contracts, prior to repeal by Pub. L. 107273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880. Another prior section 261 of Pub. L. 93415 was renumbered section 299 and was classified to section 11181 of this title, prior to repeal by Pub. L. 115385, title IV, § 402(c)(1), Dec. 21, 2018, 132 Stat. 5160.
Statutory Notes and Related Subsidiaries
Effective DatePart effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
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---
# 34 U.S.C. § 11172 - Grants for technical assistance
## Text
The Administrator may make grants to and contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local government, Indian tribal governments, local private entities or agencies, or any combination thereof, to carry out the projects for which grants are made under section 11171 of this title.
(Pub. L. 93415, title II, § 262, as added Pub. L. 107273, div. C, title II, § 12212, Nov. 2, 2002, 116 Stat. 1891.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5666 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 262 of Pub. L. 93415 was classified to section 5665a of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 107273. Another prior section 262 of Pub. L. 93415 was renumbered section 299A and is classified to section 11182 of this title.
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# 34 U.S.C. § 11173 - Eligibility
## Text
To be eligible to receive a grant made under this part, a public or private agency, Indian tribal government, organization, institution, individual, or combination thereof shall submit an application to the Administrator at such time, in such form, and containing such information as the Administrator may reasonably require by rule.
(Pub. L. 93415, title II, § 263, as added Pub. L. 107273, div. C, title II, § 12212, Nov. 2, 2002, 116 Stat. 1891.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5667 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 263 of Pub. L. 93415 was set out as notes under section 5601 of Title 42, The Public Health and Welfare, prior to repeal and editorial reclassification of section 5601 of Title 42 as section 11101 of this title. See Effective Date of 1977 Amendment note and Effective Date note under section 11101 of this title.
@@ -0,0 +1,41 @@
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# 34 U.S.C. § 11174 - Reports
## Text
Recipients of grants made under this part shall submit to the Administrator such reports as may be reasonably requested by the Administrator to describe progress achieved in carrying out the projects for which such grants are made.
(Pub. L. 93415, title II, § 264, as added Pub. L. 107273, div. C, title II, § 12212, Nov. 2, 2002, 116 Stat. 1891.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5668 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,35 @@
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---
# 34 U.S.C. § 11181 - Repealed. Pub. L. 115385, title IV, § 402(c)(1), Dec. 21, 2018, 132 Stat. 5160
## Notes
Section, Pub. L. 93415, title II, § 299, formerly § 261, Sept. 7, 1974, 88 Stat. 1129; Pub. L. 94273, § 32(b), Apr. 21, 1976, 90 Stat. 380; Pub. L. 94503, title I, § 130(a), Oct. 15, 1976, 90 Stat. 2425; Pub. L. 95115, § 6(b), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96509, §§ 2(a), 15, Dec. 8, 1980, 94 Stat. 2750, 2760; Pub. L. 98473, title II, § 640, Oct. 12, 1984, 98 Stat. 2121; renumbered § 291 and amended Pub. L. 100690, title VII, §§ 7265, 7266(3), Nov. 18, 1988, 102 Stat. 4448, 4449; Pub. L. 101204, title X, §§ 1001(e)(1), 1002, Dec. 7, 1989, 103 Stat. 1827; renumbered § 299 and amended Pub. L. 102586, § 2(i)(1)(B), (j), Nov. 4, 1992, 106 Stat. 5006, 5016; Pub. L. 107273, div. C, title II, § 12213, Nov. 2, 2002, 116 Stat. 1891, authorized appropriations for this subchapter for fiscal years 2003 to 2007.
Section was formerly classified to section 5671 of Title 42, The Public Health and Welfare.
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# 34 U.S.C. § 11182 - Administrative authority
## Text
(a) Authority of Administrator The Office shall be administered by the Administrator under the general authority of the Attorney General.
(b) Certain crime control provisions applicable Sections 10228(c), 10230(a), 10230(b), 10230(c), 10231(a), 10231(b), and 10231(d) of this title, shall apply with respect to the administration of and compliance with this chapter, except that for purposes of this chapter—
(1) any reference to the Office of Justice Programs in such sections shall be deemed to be a reference to the Assistant Attorney General who heads the Office of Justice Programs; and
(2) the term “this chapter” as it appears in such sections shall be deemed to be a reference to this chapter.
(c) Certain other crime control provisions applicable Sections 10221(a), 10221(c), and 10225 of this title shall apply with respect to the administration of and compliance with this chapter, except that for purposes of this chapter—
(1) any reference to the Attorney General, the Assistant Attorney General who heads the Office of Justice Programs, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, or the Director of the Bureau of Justice Assistance shall be deemed to be a reference to the Administrator;
(2) any reference to the Office of Justice Programs, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics shall be deemed to be a reference to the Office of Juvenile Justice and Delinquency Prevention; and
(3) the term “this chapter” as it appears in such sections shall be deemed to be a reference to this chapter.
(d) Rules, regulations, and procedures (1) The Administrator is authorized to establish such rules, regulations, guidance, and procedures as are necessary for the exercise of the functions of the Office and only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance. In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.
(2) The Administrator shall ensure that—
(A) reporting, compliance reporting, State plan requirements, and other similar documentation as may be required from States is requested in a manner that respects confidentiality, encourages efficiency and reduces the duplication of reporting efforts; and
(B) States meeting all the core requirements are encouraged to experiment with offering innovative, data-driven programs designed to further improve the juvenile justice system.
(e) Presumption of State compliance If a State requires by law compliance with the core requirements, then for the period such law is in effect in such State such State shall be rebuttably presumed to satisfy such requirements.
(Pub. L. 93415, title II, § 299A, formerly § 262, Sept. 7, 1974, 88 Stat. 1129; Pub. L. 95115, § 6(c), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96509, § 16, Dec. 8, 1980, 94 Stat. 2761; Pub. L. 98473, title II, § 641, Oct. 12, 1984, 98 Stat. 2122; renumbered § 292, Pub. L. 100690, title VII, § 7266(3), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299A, Pub. L. 102586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; Pub. L. 107273, div. C, title II, § 12214, Nov. 2, 2002, 116 Stat. 1892; Pub. L. 115385, title II, § 209, Dec. 21, 2018, 132 Stat. 5144.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b), (c), and (d)(1), was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 5672 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2018—Subsec. (d). Pub. L. 115385, § 209(1), designated existing provisions as par. (1), struck out “, after appropriate consultation with representatives of States and units of local government,” after “Administrator is authorized”, inserted “guidance,” after “regulations,” and “In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.” at end, and added par. (2). Subsec. (e). Pub. L. 115385, § 209(2), substituted “core requirements” for “requirements described in paragraphs (11), (12), and (13) of section 11133(a) of this title”. 2002—Subsec. (d). Pub. L. 107273, § 12214(1), substituted “only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance” for “as are consistent with the purpose of this chapter”. Subsec. (e). Pub. L. 107273, § 12214(2), added subsec. (e). 1984—Subsec. (a). Pub. L. 98473, in amending subsec. (a) generally, substituted provisions setting forth the administrative authority of the Office for former provisions which incorporated other administrative provisions into this chapter as well as construing certain references as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same actions as other officials. Subsec. (b). Pub. L. 98473, in amending subsec. (b) generally, substituted provisions relating to the applicability of other provisions to this chapter as well as defining certain references therein for former provisions which directed the Office of Justice Assistance, Research and Statistics to provide staff support and coordinate the activities of the Office of Juvenile Justice and Delinquency Prevention. Subsecs. (c), (d). Pub. L. 98473, in amending section generally, added subsecs. (c) and (d). 1980—Pub. L. 96509 brought relevant applicable administrative provisions of the Omnibus Crime Control and Safe Streets Act of 1968 into conformance subsequent to the Justice System Improvement Amendments of 1979 and provided that the Office of Justice Assistance, Research, and Statistics provide staff support to, and coordinate the activities of the Office in the same manner as it does for the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to former section 3781(b) of title 42. 1977—Pub. L. 95115 substituted provisions setting forth applicability of specified statutory requirements, for provisions setting forth prohibitions against discrimination and required terms in grants, contracts, and agreements and enforcement procedures thereof.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as a note under section 11101 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by section 6(d)(2) of Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11183 - Withholding
## Text
Whenever the Administrator, after giving reasonable notice and opportunity for hearing to a recipient of financial assistance under this subchapter, finds that—
(1) the program or activity for which the grant or contract involved was made has been so changed that it no longer complies with this subchapter; or
(2) in the operation of such program or activity there is failure to comply substantially with any provision of this subchapter;
the Administrator shall initiate such proceedings as are appropriate.
(Pub. L. 93415, title II, § 299B, formerly § 293, as added Pub. L. 100690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299B, Pub. L. 102586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5673 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11184 - Use of funds
## Text
(a) In general Funds paid pursuant to this subchapter to any public or private agency, organization, or institution, or to any individual (either directly or through a State planning agency) may be used for—
(1) planning, developing, or operating the program designed to carry out this subchapter; and
(2) not more than 50 per centum of the cost of the construction of any innovative community-based facility for fewer than 20 persons which, in the judgment of the Administrator, is necessary to carry out this subchapter.
(b) Prohibition against use of funds in construction Except as provided in subsection (a), no funds paid to any public or private agency, or institution or to any individual under this subchapter (either directly or through a State agency or local agency) may be used for construction.
(c) Funds paid to residential programs No funds may be paid under this subchapter to a residential program (excluding a program in a private residence) unless—
(1) there is in effect in the State in which such placement or care is provided, a requirement that the provider of such placement or such care may be licensed only after satisfying, at a minimum, explicit standards of discipline that prohibit neglect, and physical and mental abuse, as defined by State law;
(2) such provider is licensed as described in paragraph (1) by the State in which such placement or care is provided; and
(3) in a case involving a provider located in a State that is different from the State where the order for placement originates, the chief administrative officer of the public agency or the officer of the court placing the juvenile certifies that such provider—
(A) satisfies the originating States explicit licensing standards of discipline that prohibit neglect, physical and mental abuse, and standards for education and health care as defined by that States law; and
(B) otherwise complies with the Interstate Compact on the Placement of Children as entered into by such other State.
(Pub. L. 93415, title II, § 299C, formerly § 294, as added Pub. L. 100690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299C, Pub. L. 102586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; Pub. L. 107273, div. C, title II, § 12215, Nov. 2, 2002, 116 Stat. 1892.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5674 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2002—Subsec. (c). Pub. L. 107273 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “(1) Funds paid pursuant to section 5633(a)(10)(D) of this title and section 5665(a)(3) of this title to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved. “(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under section 5633(a)(10)(D) of this title or section 5665(a)(3) of this title are used either directly or indirectly in any manner prohibited in this paragraph.”
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11185 - Payments
## Text
(a) In general Payments under this subchapter, pursuant to a grant or contract, may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions as the Administrator may determine.
(b) Percentage of approved costs Except as provided in the second sentence of section 11132(c) of this title, financial assistance extended under this subchapter shall be 100 per centum of the approved costs of the program or activity involved.
(c) Increase of grants to Indian tribes; waiver of liability (1) In the case of a grant under this subchapter to an Indian tribe, if the Administrator determines that the tribe does not have sufficient funds available to meet the local share of the cost of any program or activity to be funded under the grant, the Administrator may increase the Federal share of the cost thereof to the extent the Administrator deems necessary.
(2) If a State does not have an adequate forum to enforce grant provisions imposing any liability on Indian tribes, the Administrator may waive State liability attributable to the liability of such tribes and may pursue such legal remedies as are necessary.
(Pub. L. 93415, title II, § 299D, formerly § 295, as added Pub. L. 100690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4450; renumbered § 299D, Pub. L. 102586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; amended Pub. L. 107273, div. C, title II, § 12221(a)(3), Nov. 2, 2002, 116 Stat. 1894.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5675 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2002—Subsec. (d). Pub. L. 107273 struck out subsec. (d) which read as follows: “If the Administrator determines, on the basis of information available to the Administrator during any fiscal year, that a portion of the funds granted to an applicant under part C of this subchapter for such fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 3783 of this title, as amended from time to time, that portion shall be available for reallocation in an equitable manner to States which comply with the requirements in paragraphs (12)(A) and (13) of section 5633(a) of this title, under section 5665(b)(6) of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as a note under section 11101 of this title.
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11186 - Confidentiality of program records
## Text
Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to this subchapter may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out this subchapter. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients.
(Pub. L. 93415, title II, § 299E, formerly § 296, as added Pub. L. 100690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4450; renumbered § 299E, Pub. L. 102586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5676 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11187 - Limitations on use of funds
## Text
None of the funds made available to carry out this subchapter may be used to advocate for, or support, the unsecured release of juveniles who are charged with a violent crime.
(Pub. L. 93415, title II, § 299F, as added Pub. L. 107273, div. C, title II, § 12216, Nov. 2, 2002, 116 Stat. 1893.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5677 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11188 - Rules of construction
## Text
Nothing in this subchapter or subchapter I shall be construed—
(1) to prevent financial assistance from being awarded through grants under this subchapter to any otherwise eligible organization; or
(2) to modify or affect any Federal or State law relating to collective bargaining rights of employees.
(Pub. L. 93415, title II, § 299G, as added Pub. L. 107273, div. C, title II, § 12217, Nov. 2, 2002, 116 Stat. 1893.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5678 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11189 - Leasing surplus Federal property
## Text
The Administrator may receive surplus Federal property (including facilities) and may lease such property to States and units of general local government for use in or as facilities for juvenile offenders, or for use in or as facilities for delinquency prevention and treatment activities.
(Pub. L. 93415, title II, § 299H, as added Pub. L. 107273, div. C, title II, § 12218, Nov. 2, 2002, 116 Stat. 1893.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5679 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11190 - Issuance of rules
## Text
The Administrator shall issue rules to carry out this subchapter, including rules that establish procedures and methods for making grants and contracts, and distributing funds available, to carry out this subchapter.
(Pub. L. 93415, title II, § 299I, as added Pub. L. 107273, div. C, title II, § 12219, Nov. 2, 2002, 116 Stat. 1893.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5680 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11191 - Content of materials
## Text
Materials produced, procured, or distributed both using funds appropriated to carry out this chapter and for the purpose of preventing hate crimes that result in acts of physical violence, shall not recommend or require any action that abridges or infringes upon the constitutionally protected rights of free speech, religion, or equal protection of juveniles or of their parents or legal guardians.
(Pub. L. 93415, title II, § 299J, as added Pub. L. 107273, div. C, title II, § 12220, Nov. 2, 2002, 116 Stat. 1893.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 5681 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.
@@ -0,0 +1,69 @@
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# 34 U.S.C. § 11201 - Findings
## Text
The Congress finds that—
(1) youth who have become homeless or who leave and remain away from home without parental permission, are at risk of developing, and have a disproportionate share of, serious health, behavioral, and emotional problems because they lack sufficient resources to obtain care and may live on the street for extended periods thereby endangering themselves and creating a substantial law enforcement problem for communities in which they congregate;
(2) many such young people, because of their age and situation, are urgently in need of temporary shelter and services, including services that are linguistically appropriate and acknowledge the environment of youth seeking these services;
(3) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of—
(A) safety and structure;
(B) belonging and membership;
(C) self-worth and social contribution;
(D) independence and control over ones life; and
(E) closeness in interpersonal relationships.11 So in original. The period probably should be a semicolon.
(4) in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system to report the problem, and to assist in the development of an effective system of care (including preventive and aftercare services, emergency shelter services, extended residential shelter, and street outreach services) outside the welfare system and the law enforcement system;
(5) to make a successful transition to adulthood, runaway youth, homeless youth, and other street youth need opportunities to complete high school or earn a general equivalency degree, learn job skills, and obtain employment; and
(6) improved coordination and collaboration between the Federal programs that serve runaway and homeless youth are necessary for the development of a long-term strategy for responding to the needs of this population.
(Pub. L. 93415, title III, § 302, Sept. 7, 1974, 88 Stat. 1129; Pub. L. 102586, § 3(a), Nov. 4, 1992, 106 Stat. 5017; Pub. L. 10671, § 3(a), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 10896, title I, § 101, Oct. 10, 2003, 117 Stat. 1167; Pub. L. 110378, § 2, Oct. 8, 2008, 122 Stat. 4068.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5701 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2008—Pars. (3) to (6). Pub. L. 110378 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. 2003—Pub. L. 10896 amended section generally. Prior to amendment, section contained congressional statement of findings. 1999—Par. (5). Pub. L. 10671, § 3(a)(1), substituted “an accurate national reporting system to report the problem, and to assist in the development of” for “accurate reporting of the problem nationally and to develop”. Par. (8). Pub. L. 10671, § 3(a)(2), added par. (8) and struck out former par. (8) which read as follows: “in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system and to develop an effective system of care including prevention, emergency shelter services, and longer residential care outside the public welfare and law enforcement structures;”. 1992—Par. (1). Pub. L. 102586, § 3(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the number of juveniles who leave and remain away from home without parental permission has increased to alarming proportions, creating a substantial law enforcement problem for the communities inundated, and significantly endangering the young people who are without resources and live on the street;”. Par. (5). Pub. L. 102586, § 3(a)(3), substituted “care (including preventive services, emergency shelter services, and extended residential shelter) outside the welfare system and the law enforcement system;” for “temporary care outside the law enforcement structure.” Pars. (6) to (10). Pub. L. 102586, § 3(a)(2), (4), added pars. (6) to (10).
Statutory Notes and Related Subsidiaries
Short TitleFor short title of title III of Pub. L. 93415, which is classified to this subchapter, as the “Runaway and Homeless Youth Act”, see section 301 of Pub. L. 93415, set out as a Short Title of 1974 Act note under section 10101 of this title.
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# 34 U.S.C. § 11202 - Promulgation of rules
## Text
The Secretary of Health and Human Services (hereinafter in this subchapter referred to as the “Secretary”) may issue such rules as the Secretary considers necessary or appropriate to carry out the purposes of this subchapter.
(Pub. L. 93415, title III, § 303, Sept. 7, 1974, 88 Stat. 1130; Pub. L. 98473, title II, § 650, Oct. 12, 1984, 98 Stat. 2122.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5702 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1984—Pub. L. 98473 substituted “Health and Human Services” for “Health, Education, and Welfare” and “issue such rules as the Secretary” for “prescribe such rules as he”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11213 - Approval of applications
## Text
(a) In general An application by a public or private entity for a grant under section 11211(a) of this title may be approved by the Secretary after taking into consideration, with respect to the State in which such entity proposes to provide services under this part—
(1) the geographical distribution in such State of the proposed services under this part for which all grant applicants request approval; and
(2) which areas of such State have the greatest need for such services.
(b) Priority In selecting applications for grants under section 11211(a) of this title, the Secretary shall give priority to—
(1) eligible applicants who have demonstrated experience in providing services to runaway and homeless youth; and
(2) eligible applicants that request grants of less than $200,000.
(Pub. L. 93415, title III, § 313, Sept. 7, 1974, 88 Stat. 1131; Pub. L. 95115, § 7(a)(4), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96509, § 18(e), Dec. 8, 1980, 94 Stat. 2762; Pub. L. 98473, title II, § 653, Oct. 12, 1984, 98 Stat. 2123; renumbered § 316 and amended Pub. L. 100690, title VII, §§ 7271(c)(1), 7275(a), Nov. 18, 1988, 102 Stat. 4453, 4457; renumbered § 313 and amended Pub. L. 102586, § 3(d), (g)(2)(D), Nov. 4, 1992, 106 Stat. 5022, 5025; Pub. L. 10671, § 3(d), Oct. 12, 1999, 113 Stat. 1037.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5713 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 313 of Pub. L. 93415 was classified to section 5712a of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 102586.
Amendments1999—Pub. L. 10671 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “An application by a State, locality, or private entity for a grant under section 5711(a), (c), or (d) of this title may be approved by the Secretary only if it is consistent with the applicable provisions of section 5711(a), (c), or (d) of this title and meets the requirements set forth in section 5712 of this title. Priority shall be given to grants smaller than $200,000. In considering grant applications under section 5711(a) of this title, priority shall be given to organizations which have a demonstrated experience in the provision of service to runaway and homeless youth and their families.” 1992—Pub. L. 102586, § 3(d), substituted “section 5711(a), (c), or (d) of this title” for “section 5711(a) of this title” in two places in first sentence and substituted “$200,000” for “$150,000” in second sentence. 1988—Pub. L. 100690, § 7271(c)(1), substituted “section 5711(a) of this title” for “this part” in three places. 1984—Pub. L. 98473 substituted “private entity” for “nonprofit private agency”. 1980—Pub. L. 96509 substituted “$150,000” for “$100,000” and “organizations which have a demonstrated experience in the provision of service to runaway and homeless youth and their families” for “any applicant whose program budget is smaller than $150,000”. 1977—Pub. L. 95115 substituted “$100,000” and “$150,000” for “$75,000” and “$100,000”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as a note under section 11101 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11214 - Grants to private entities; staffing
## Text
Nothing in this subchapter shall be construed to deny grants to private entities which are fully controlled by private boards or persons but which in other respects meet the requirements of this subchapter and agree to be legally responsible for the operation of the runaway and homeless youth center and the programs, projects, and activities they carry out under this subchapter. Nothing in this subchapter shall give the Federal Government control over the staffing and personnel decisions of facilities receiving Federal funds under this subchapter.
(Pub. L. 93415, title III, § 314, Sept. 7, 1974, 88 Stat. 1131; Pub. L. 98473, title II, § 654, Oct. 12, 1984, 98 Stat. 2123; renumbered § 317 and amended Pub. L. 100690, title VII, §§ 7271(c)(4), 7275(a), Nov. 18, 1988, 102 Stat. 4453, 4457; renumbered § 314 and amended Pub. L. 102586, § 3(e), (g)(2)(D), Nov. 4, 1992, 106 Stat. 5022, 5025.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5714 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 314 of Pub. L. 93415 was classified to section 5712b of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 102586. Section 315 of title III of Pub. L. 93415, as added Pub. L. 100690, title VII, § 7277, Nov. 18, 1988, 102 Stat. 4457, related to authority of the Secretary to make grants for research, demonstration, and service projects, and was classified to section 5712c of Title 42, prior to repeal by Pub. L. 102586. Section 316 of title III of Pub. L. 93415, as added Pub. L. 103322, title IV, § 40155, Sept. 13, 1994, 108 Stat. 1922, related to grants for prevention of sexual abuse and exploitation, and was classified to section 5712d of Title 42, prior to repeal by Pub. L. 109162. A prior section 316 of Pub. L. 93415 was renumbered section 313 of Pub. L. 93415 and is classified to section 11213 of this title. Another prior section 316 of Pub. L. 93415 was renumbered section 372 of Pub. L. 93415 and is classified to section 11272 of this title. Another prior section 316 of Pub. L. 93415 was renumbered section 382 of Pub. L. 93415 and is classified to section 11274 of this title.
Amendments1992—Pub. L. 102586, § 3(e), substituted “subchapter” for “part” wherever appearing and inserted “and the programs, projects, and activities they carry out under this subchapter” after “center” and “under this subchapter” before period at end. 1988—Pub. L. 100690, § 7271(c)(4), substituted “runaway and homeless youth center” for “runaway center”. 1984—Pub. L. 98473 amended section catchline and substituted “private entities” for “nonprofit private agencies” and “center” for “house” in text.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11221 - Authority for program
## Text
The Secretary is authorized to make grants and to provide technical assistance to public and nonprofit private entities to establish and operate transitional living youth projects for homeless youth.
(Pub. L. 93415, title III, § 321, as added Pub. L. 100690, title VII, § 7273(f), Nov. 18, 1988, 102 Stat. 4455; amended Pub. L. 10671, § 3(e), Oct. 12, 1999, 113 Stat. 1038.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 57141 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 321 of Pub. L. 93415 was renumbered section 363 and is classified to section 11275 of this title.
Amendments1999—Pub. L. 10671 struck out “Purpose and” before “Authority” in section catchline and struck out subsec. (a) designation before “The Secretary” and subsec. (b) which defined “homeless youth” and “transitional living youth project”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11222 - Eligibility
## Text
(a) In general To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such project—
(1) to provide, by grant, agreement, or contract, shelter (such as group homes, including maternity group homes, host family homes, and supervised apartments) and provide, by grant, agreement, or contract, services,11 So in original. The comma probably should not appear. (including information and counseling services in basic life skills which shall include money management, budgeting, consumer education, and use of credit, parenting skills (as appropriate), interpersonal skill building, educational advancement, job attainment skills, and mental and physical health care) to homeless youth;
(2) to provide such shelter and such services to individual homeless youth throughout a continuous period not to exceed 540 days, or in exceptional circumstances 635 days, except that a youth in a program under this part who has not reached 18 years of age on the last day of the 635-day period may, in exceptional circumstances and if otherwise qualified for the program, remain in the program until the youths 18th birthday;
(3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home;
(4) that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff);
(5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services;
(6) to provide a written transitional living plan to each youth based on an assessment of such youths needs, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement;
(7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational (including post-secondary education), vocational, training (including services and programs for youth available under the Workforce Innovation and Opportunity Act), welfare (including programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996), legal service, and health care programs and to help integrate and coordinate such services for youths;
(8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project;
(9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number and the characteristics of the homeless youth who participate in such project, and the services provided to such youth by such project, in the year for which the report is submitted;
(10) to implement such accounting procedures and fiscal control devices as the Secretary may require;
(11) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which the applicant requests a grant under this part;
(12) to keep adequate statistical records profiling homeless youth which it serves and not to disclose the identity of individual homeless youth in reports or other documents based on such statistical records;
(13) not to disclose records maintained on individual homeless youth without the informed consent of the individual youth to anyone other than an agency compiling statistical records;
(14) to provide to the Secretary such other information as the Secretary may reasonably require;
(15) to coordinate services with McKinney-Vento school district liaisons, designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), to assure that runaway and homeless youth are provided information about the educational services available to such youth under subtitle B of title VII of that Act [42 U.S.C. 11431 et seq.]; and
(16) to develop an adequate emergency preparedness and management plan.
(b) Priority In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1).
(c) Definition In this part—
(1) the term “maternity group home” means a community-based, adult-supervised transitional living arrangement that provides pregnant or parenting youth and their children with a supportive and supervised living arrangement in which such pregnant or parenting youth are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence in order to ensure the well-being of their children; and
(2) the term “exceptional circumstances” means circumstances in which a youth would benefit to an unusual extent from additional time in the program.
(Pub. L. 93415, title III, § 322, as added Pub. L. 100690, title VII, § 7273(f), Nov. 18, 1988, 102 Stat. 4456; amended Pub. L. 102586, § 3(f), Nov. 4, 1992, 106 Stat. 5022; Pub. L. 10671, § 3(f), Oct. 12, 1999, 113 Stat. 1038; Pub. L. 10896, title I, §§ 107, 108, 110, 111, Oct. 10, 2003, 117 Stat. 1168, 1169; Pub. L. 110378, § 4, Oct. 8, 2008, 122 Stat. 4069; Pub. L. 113128, title V, § 512(aa), July 22, 2014, 128 Stat. 1717.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (a)(7), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(7), is Pub. L. 104193, Aug. 22, 1996, 110 Stat. 2105. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables. The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(15), is Pub. L. 10077, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
Codification Section was formerly classified to section 57142 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 322 of title III of Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1132, set forth restrictions on disclosure and transfer of records, prior to repeal by Pub. L. 95115, § 7(b), Oct. 3, 1977, 91 Stat. 1058, eff. Oct. 1, 1977.
Amendments2014—Subsec. (a)(7). Pub. L. 113128 substituted “(including services and programs for youth available under the Workforce Innovation and Opportunity Act)” for “(including services and programs for youth available under the Workforce Investment Act of 1998)”. 2008—Subsec. (a)(1). Pub. L. 110378, § 4(a)(1), substituted “by grant, agreement, or contract, shelter” for “directly or indirectly, shelter” and “and provide, by grant, agreement, or contract, services,” for “and services”. Subsec. (a)(2). Pub. L. 110378, § 4(a)(2), substituted “a continuous period not to exceed 540 days, or in exceptional circumstances 635 days, except that a youth in a program under this part who has not reached 18 years of age on the last day of the 635-day period may, in exceptional circumstances and if otherwise qualified for the program, remain in the program until the youths 18th birthday;” for “a continuous period not to exceed 540 days, except that a youth in a program under this part who is under the age of 18 years on the last day of the 540-day period may, if otherwise qualified for the program, remain in the program until the earlier of the youths 18th birthday or the 180th day after the end of the 540-day period;”. Subsec. (a)(16). Pub. L. 110378, § 4(a)(3)(5), added par. (16). Subsec. (c). Pub. L. 110378, § 4(b), substituted “part—” for “part,”, inserted par. (1) designation before “the term”, substituted “; and” for period at end, and added par. (2). 2003—Subsec. (a)(1). Pub. L. 10896, § 107(a), inserted “including maternity group homes,” after “group homes,” and “parenting skills (as appropriate),” after “use of credit,”. Subsec. (a)(2). Pub. L. 10896, § 108, inserted “, except that a youth in a program under this part who is under the age of 18 years on the last day of the 540-day period may, if otherwise qualified for the program, remain in the program until the earlier of the youths 18th birthday or the 180th day after the end of the 540-day period” after “days”. Subsec. (a)(7). Pub. L. 10896, § 111, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational, vocational, training, welfare, legal service, and health care programs and to help integrate and coordinate such services for youths;”. Subsec. (a)(15). Pub. L. 10896, § 110, added par. (15). Subsec. (c). Pub. L. 10896, § 107(b), added subsec. (c). 1999—Subsec. (a)(9). Pub. L. 10671 inserted “, and the services provided to such youth by such project,” after “participate in such project”. 1992—Subsec. (a)(1). Pub. L. 102586, § 3(f)(1), inserted “which shall include money management, budgeting, consumer education, and use of credit” after “basic life skills”. Subsec. (a)(13). Pub. L. 102586, § 3(f)(2), substituted “informed consent of the individual youth” for “consent of the individual youth and parent or legal guardian” and struck out “or a government agency involved in the disposition of criminal charges against youth” after “statistical records”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
Effective DateSection effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11231 - Authority to make grants
## Text
The Secretary shall make grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to runaway and homeless youth.
(Pub. L. 93415, title III, § 331, as added Pub. L. 102586, § 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5022; amended Pub. L. 10671, § 3(r)(1), Oct. 12, 1999, 113 Stat. 1043.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 571411 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments1999—Pub. L. 10671 substituted “The Secretary” for “With funds reserved under section 5751(a)(3) of this title, the Secretary” in first sentence.
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# 34 U.S.C. § 11241 - Coordination
## Text
With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary—
(1) in conjunction with the Attorney General, shall coordinate the activities of agencies of the Department of Health and Human Services with activities under any other Federal juvenile crime control, prevention, and juvenile offender accountability program and with the activities of other Federal entities;
(2) shall coordinate the activities of agencies of the Department of Health and Human Services with the activities of other Federal entities and with the activities of entities that are eligible to receive grants under this subchapter; and
(3) shall consult, as appropriate, the Secretary of Housing and Urban Development to ensure coordination of programs and services for homeless youth.
(Pub. L. 93415, title III, § 341, as added Pub. L. 102586, § 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023; amended Pub. L. 10671, § 3(g), Oct. 12, 1999, 113 Stat. 1038; Pub. L. 10896, title I, § 112, Oct. 10, 2003, 117 Stat. 1169.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 571421 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 341 of Pub. L. 93415 was renumbered section 380 and is classified to section 11271 of this title.
Amendments2003—Par. (3). Pub. L. 10896 added par. (3). 1999—Pub. L. 10671 amended section catchline and text generally. Prior to amendment, text read as follows: “With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary shall coordinate the activities of agencies of the Department of Health and Human Services with the activities of other Federal entities and with the activities of entities that are eligible to receive grants under this subchapter”.
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# 34 U.S.C. § 11242 - Grants for technical assistance and training
## Text
The Secretary may make grants to statewide and regional nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to public and private entities (and combinations of such entities) that are eligible to receive grants under this subchapter, for the purpose of carrying out the programs, projects, or activities for which such grants are made.
(Pub. L. 93415, title III, § 342, as added Pub. L. 102586, § 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 571422 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 342 of Pub. L. 93415 was renumbered section 381 and is classified to section 11272 of this title.
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# 34 U.S.C. § 11243 - Authority to make grants for research, evaluation, demonstration, and service projects
## Text
(a) Authorization; purposes The Secretary may make grants to States, localities, and private entities (and combinations of such entities) to carry out research, evaluation, demonstration, and service projects regarding activities under this subchapter designed to increase knowledge concerning, and to improve services for, runaway youth and homeless youth.
(b) Selection factors; priority In selecting among applications for grants under subsection (a), the Secretary shall give priority to proposed projects relating to—
(1) youth who repeatedly leave and remain away from their homes;
(2) transportation of runaway youth and homeless youth in connection with services authorized to be provided under this subchapter;
(3) the special needs of runaway youth and homeless youth programs in rural areas;
(4) the special needs of programs that place runaway youth and homeless youth in host family homes;
(5) staff training in—
(A) the behavioral and emotional effects of sexual abuse and assault, severe forms of trafficking in persons (as defined in section 7102(9) 11 See References in Text note below. of title 22), and sex trafficking (as defined in section 7102(10) 1 of title 22);
(B) responding to youth who are showing effects of sexual abuse and assault, severe forms of trafficking in persons (as defined in section 7102(9) 1 of title 22), or sex trafficking (as defined in section 7102(10) 1 of title 22); and
(C) agency-wide strategies for working with runaway and homeless youth who have been sexually victimized, including such youth who are victims of trafficking (as defined in section 7102(15) 1 of title 22);
(6) innovative methods of developing resources that enhance the establishment or operation of runaway and homeless youth centers;
(7) training for runaway youth and homeless youth, and staff training, related to preventing and obtaining treatment for infection by the human immunodeficiency virus (HIV);
(8) increasing access to quality health care (including behavioral health care) for runaway youth and homeless youth;
(9) increasing access to education for runaway youth and homeless youth, including access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma or its recognized equivalent, or increasing placement and retention in postsecondary education or advanced workforce training programs; and
(10) providing programs, including innovative programs, that assist youth in obtaining and maintaining safe and stable housing, and which may include programs with supportive services that continue after the youth complete the remainder of the programs.
(c) Applicant experience and diversity In selecting among applicants for grants under subsection (a), the Secretary shall—
(1) give priority to applicants who have experience working with runaway or homeless youth; and
(2) ensure that the applicants selected—
(A) represent diverse geographic regions of the United States; and
(B) carry out projects that serve diverse populations of runaway or homeless youth.
(Pub. L. 93415, title III, § 343, as added Pub. L. 102586, § 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5023; amended Pub. L. 10671, § 3(h), Oct. 12, 1999, 113 Stat. 1038; Pub. L. 10896, title I, § 113, Oct. 10, 2003, 117 Stat. 1170; Pub. L. 110378, § 5, Oct. 8, 2008, 122 Stat. 4069; Pub. L. 11422, title II, § 201(1), May 29, 2015, 129 Stat. 248.)
## Notes
Editorial Notes
References in TextSection 7102(9), (10), and (15) of title 22, referred to in subsec. (b)(5), was redesignated section 7102(11), (12), and (17), respectively, of title 22 by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
Codification Section was formerly classified to section 571423 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2015—Subsec. (b)(5)(A). Pub. L. 11422, § 201(1)(A), inserted “, severe forms of trafficking in persons (as defined in section 7102(9) of title 22), and sex trafficking (as defined in section 7102(10) of title 22)” before semicolon at end. Subsec. (b)(5)(B). Pub. L. 11422, § 201(1)(B), inserted “, severe forms of trafficking in persons (as defined in section 7102(9) of title 22), or sex trafficking (as defined in section 7102(10) of title 22)” before “; and” at end. Subsec. (b)(5)(C). Pub. L. 11422, § 201(1)(C), inserted “, including such youth who are victims of trafficking (as defined in section 7102(15) of title 22)” before semicolon at end. 2008—Subsec. (b). Pub. L. 110378, § 5(1)(A), substituted “priority” for “special consideration” in introductory provisions. Subsec. (b)(8). Pub. L. 110378, § 5(1)(B), substituted “to quality health” for “to health” and “behavioral health care” for “mental health care” and struck out “and” at end. Subsec. (b)(9). Pub. L. 110378, § 5(1)(C), substituted “, including access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma or its recognized equivalent, or increasing placement and retention in postsecondary education or advanced workforce training programs; and” for period at end. Subsec. (b)(10). Pub. L. 110378, § 5(1)(D), added par. (10). Subsec. (c). Pub. L. 110378, § 5(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In selecting among applicants for grants under subsection (a) of this section, the Secretary shall give priority to applicants who have experience working with runaway youth or homeless youth.” 2003—Subsec. (a). Pub. L. 10896 inserted “regarding activities under this subchapter” after “service projects”. 1999—Pub. L. 10671, § 3(h)(1), inserted “evaluation,” after “research,” in section catchline. Subsec. (a). Pub. L. 10671, § 3(h)(2), inserted “evaluation,” after “research,”. Subsec. (b)(2) to (10). Pub. L. 10671, § 3(h)(3), redesignated pars. (3) to (10) as (2) to (9), respectively, and struck out former par. (2) which read as follows: “home-based and street-based services for, and outreach to, runaway youth and homeless youth;”.
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# 34 U.S.C. § 11244 - Demonstration projects to provide services to youth in rural areas
## Text
(a) (1) The Secretary may make grants on a competitive basis to States, localities, and private entities (and combinations of such entities) to provide services (including transportation) authorized to be provided under part A, to runaway and homeless youth in rural areas.
(2) (A) Each grant made under paragraph (1) may not exceed $100,000.
(B) In each fiscal year for which funds are appropriated to carry out this section, grants shall be made under paragraph (1) to eligible applicants to carry out projects in not fewer than 10 States.
(C) Not more than 2 grants may be made under paragraph (1) in each fiscal year to carry out projects in a particular State.
(3) Each eligible applicant that receives a grant for a fiscal year to carry out a project under this section shall have priority to receive a grant for the subsequent fiscal year to carry out a project under this section.
(b) To be eligible to receive a grant under subsection (a), an applicant shall—
(1) submit to the Secretary an application in such form and containing such information and assurances as the Secretary may require by rule; and
(2) propose to carry out such project in a geographical area that—
(A) has a population under 20,000;
(B) is located outside a Standard Metropolitan Statistical Area; and
(C) agree to provide to the Secretary an annual report identifying—
(i) the number of runaway and homeless youth who receive services under the project carried out by the applicant;
(ii) the types of services authorized under part A that were needed by, but not provided to, such youth in the geographical area served by the project;
(iii) the reasons the services identified under clause (ii) were not provided by the project; and
(iv) such other information as the Secretary may require.
(Pub. L. 93415, title III, § 344, as added Pub. L. 102586, § 3(g)(1)(C), Nov. 4, 1992, 106 Stat. 5024; amended Pub. L. 10671, § 3(r)(2), Oct. 12, 1999, 113 Stat. 1043; Pub. L. 10896, title I, § 114, Oct. 10, 2003, 117 Stat. 1170.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 571424 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2003—Pub. L. 10896 substituted “Demonstration” for “Temporary demonstration” in section catchline. 1999—Subsec. (a)(1). Pub. L. 10671 substituted “The Secretary” for “With funds appropriated under section 5751(c) of this title, the Secretary”.
@@ -0,0 +1,69 @@
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# 34 U.S.C. § 11245 - Periodic estimate of incidence and prevalence of youth homelessness
## Text
(a) Periodic estimate Not later than 2 years after October 8, 2008, and at 5-year intervals thereafter, the Secretary, in consultation with the United States Interagency Council on Homelessness, shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate, and make available to the public, a report—
(1) by using the best quantitative and qualitative social science research methods available, containing an estimate of the incidence and prevalence of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age; and
(2) that includes with such estimate an assessment of the characteristics of such individuals.
(b) Content The report required by subsection (a) shall include—
(1) the results of conducting a survey of, and direct interviews with, a representative sample of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age, to determine past and current—
(A) socioeconomic characteristics of such individuals; and
(B) barriers to such individuals obtaining—
(i) safe, quality, and affordable housing;
(ii) comprehensive and affordable health insurance and health services; and
(iii) incomes, public benefits, supportive services, and connections to caring adults; and
(2) such other information as the Secretary determines, in consultation with States, units of local government, and national nongovernmental organizations concerned with homelessness, may be useful.
(c) Implementation If the Secretary enters into any contract with a non-Federal entity for purposes of carrying out subsection (a), such entity shall be a nongovernmental organization, or an individual, determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research.
(Pub. L. 93415, title III, § 345, as added Pub. L. 110378, § 6, Oct. 8, 2008, 122 Stat. 4070.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 571425 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 345 of title III of Pub. L. 93415, as added Pub. L. 10671, § 3(i), Oct. 12, 1999, 113 Stat. 1038, related to study of runaways to determine the percent who have been sexually abused, prior to repeal by Pub. L. 10896, title I, § 115, Oct. 10, 2003, 117 Stat. 1170.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 34 U.S.C. § 11261 - Authority to make grants
## Text
(a) In general The Secretary may make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 7102(9) 11 See References in Text note below. of title 22), or sex trafficking (as defined in section 7102(10) 1 of title 22).
(b) Priority In selecting applicants to receive grants under subsection (a), the Secretary shall give priority to public and nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth.
(Pub. L. 93415, title III, § 351, as added Pub. L. 10671, § 3(n)(1)(C), Oct. 12, 1999, 113 Stat. 1040; amended Pub. L. 110378, § 7, Oct. 8, 2008, 122 Stat. 4071; Pub. L. 11422, title II, § 201(2), May 29, 2015, 129 Stat. 248.)
## Notes
Editorial Notes
References in TextSection 7102(9) and (10) of title 22, referred to in subsec. (a), was redesignated section 7102(11) and (12), respectively, of title 22 by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
Codification Section was formerly classified to section 571441 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
AmendmentsSubsec. (a). Pub. L. 11422 substituted “sexual exploitation, severe forms of trafficking in persons (as defined in section 7102(9) of title 22), or sex trafficking (as defined in section 7102(10) of title 22)” for “or sexual exploitation”. 2008—Subsec. (b). Pub. L. 110378 inserted “public and” after “priority to”.
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# 34 U.S.C. § 11271 - Assistance to potential grantees
## Text
The Secretary shall provide informational assistance to potential grantees interested in establishing runaway and homeless youth centers and transitional living youth projects.
(Pub. L. 93415, title III, § 380, formerly § 315, as added Pub. L. 98473, title II, § 655(2), Oct. 12, 1984, 98 Stat. 2124; renumbered § 341 and amended Pub. L. 100690, title VII, § 7273(a), (e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455; renumbered § 371, Pub. L. 102586, § 3(g)(1)(B)(ii), Nov. 4, 1992, 106 Stat. 5022; renumbered § 380 and amended Pub. L. 10671, § 3(j), (q), Oct. 12, 1999, 113 Stat. 1038, 1042.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5714a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1999—Pub. L. 10671, § 3(j), struck out at end: “Such assistance shall consist of information on— “(1) steps necessary to establish a runaway and homeless youth center or transitional living youth project, including information on securing space for such center or such project, obtaining insurance, staffing, and establishing operating procedures; “(2) securing local private or public financial support for the operation of such center or such project, including information on procedures utilized by grantees under this subchapter; and “(3) the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved.” 1988—Pub. L. 100690, § 7273(a)(1), inserted “and transitional living youth projects” after “homeless youth centers” in introductory provisions. Par. (1). Pub. L. 100690, § 7273(a)(2), (3), inserted “or transitional living youth project” after “homeless youth center” and “or such project” after “such center”. Par. (2). Pub. L. 100690, § 7273(a)(3), inserted “such project” after “such center”. Par. (3). Pub. L. 100690, § 7273(a)(4), inserted “and homeless” after “runaway”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
Effective DateSection effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11272 - Lease of surplus Federal facilities for use as runaway and homeless youth centers or as transitional living youth shelter facilities
## Text
(a) Conditions of lease arrangements The Secretary may enter into cooperative lease arrangements with States, localities, and nonprofit private agencies to provide for the use of appropriate surplus Federal facilities transferred by the General Services Administration to the Department of Health and Human Services for use as runaway and homeless youth centers or as transitional living youth shelter facilities if the Secretary determines that—
(1) the applicant involved has suitable financial support necessary to operate a runaway and homeless youth center or transitional living youth project, as the case may be, under this subchapter;
(2) the applicant is able to demonstrate the program expertise required to operate such center in compliance with this subchapter, whether or not the applicant is receiving a grant under this part; and
(3) the applicant has consulted with and obtained the approval of the chief executive officer of the unit of local government in which the facility is located.
(b) Period of availability; rent-free use; structural changes: Federal ownership and consent (1) Each facility made available under this section shall be made available for a period of not less than 2 years, and no rent or fee shall be charged to the applicant in connection with use of such facility.
(2) Any structural modifications or additions to facilities made available under this section shall become the property of the United States. All such modifications or additions may be made only after receiving the prior written consent of the Secretary or other appropriate officer of the Department of Health and Human Services.
(Pub. L. 93415, title III, § 381, formerly § 316, as added Pub. L. 98473, title II, § 655(2), Oct. 12, 1984, 98 Stat. 2124; renumbered § 342 and amended Pub. L. 100690, title VII, § 7273(b), (e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455; renumbered § 372, Pub. L. 102586, § 3(g)(1)(B)(ii), Nov. 4, 1992, 106 Stat. 5022; Pub. L. 105277, div. A, § 101(b) [title I, § 129(a)(2)(E)], Oct. 21, 1998, 112 Stat. 268150, 268176; renumbered § 381, Pub. L. 10671, § 3(q), Oct. 12, 1999, 113 Stat. 1042.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5714b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 381 of Pub. L. 93415 was renumbered section 382 and is classified to section 11273 of this title.
Amendments1998—Subsec. (a)(3). Pub. L. 105277 substituted “unit of local government” for “unit of general local government”. 1988—Pub. L. 100690, § 7273(b)(1), inserted “or as transitional living youth shelter facilities” at end of section catchline. Subsec. (a). Pub. L. 100690, § 7273(b)(2), inserted “or as transitional living youth shelter facilities” after “runaway and homeless youth centers” in introductory provisions and “or transitional living youth project, as the case may be, under this subchapter” after “homeless youth center” in par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
Effective DateSection effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11273 - Reports
## Text
(a) In general Not later than April 1, 2000, and biennially thereafter, the Secretary shall submit, to the Committee on Education and the Workforce of the House of Representatives and the Committee on the Judiciary of the Senate, a report on the status, activities, and accomplishments of entities that receive grants under parts A, B, C, D, and E, with particular attention to—
(1) in the case of centers funded under part A, the ability or effectiveness of such centers in—
(A) alleviating the problems of runaway and homeless youth;
(B) if applicable or appropriate, reuniting such youth with their families and encouraging the resolution of intrafamily problems through counseling and other services;
(C) strengthening family relationships and encouraging stable living conditions for such youth; and
(D) assisting such youth to decide upon a future course of action; and
(2) in the case of projects funded under part B—
(A) the number and characteristics of homeless youth served by such projects;
(B) the types of activities carried out by such projects;
(C) the effectiveness of such projects in alleviating the problems of homeless youth;
(D) the effectiveness of such projects in preparing homeless youth for self-sufficiency;
(E) the effectiveness of such projects in assisting homeless youth to decide upon future education, employment, and independent living;
(F) the ability of such projects to encourage the resolution of intrafamily problems through counseling and development of self-sufficient living skills; and
(G) activities and programs planned by such projects for the following fiscal year.
(b) Contents of reports The Secretary shall include in each report submitted under subsection (a), summaries of—
(1) the evaluations performed by the Secretary under section 11277 of this title; and
(2) descriptions of the qualifications of, and training provided to, individuals involved in carrying out such evaluations.
(Pub. L. 93415, title III, § 382, formerly § 315, Sept. 7, 1974, 88 Stat. 1131; Pub. L. 96509, § 18(f), Dec. 8, 1980, 94 Stat. 2762; renumbered § 317, Pub. L. 98473, title II, § 655(1), Oct. 12, 1984, 98 Stat. 2124; renumbered § 361 and amended Pub. L. 100690, title VII, §§ 7271(c)(5), 7273(c), (e)(2), 7274, Nov. 18, 1988, 102 Stat. 44534455, 4457; Pub. L. 101204, title X, § 1003(1), (2), Dec. 7, 1989, 103 Stat. 1827; renumbered § 381 and amended Pub. L. 102586, § 3(g)(1)(A)(ii), (h), Nov. 4, 1992, 106 Stat. 5022, 5025; renumbered § 382 and amended Pub. L. 10671, § 3(k), (q), Oct. 12, 1999, 113 Stat. 1039, 1042.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5715 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 382 of Pub. L. 93415 was renumbered section 383 and is classified to section 11274 of this title.
Amendments1999—Pub. L. 10671 amended section generally, making reporting requirements biennial rather than annual and adding subsec. headings. 1992—Pub. L. 102586, § 3(h), which directed the amendment of section “361 of the Juvenile Justice and Delinquency Act of 1974 (42 U.S.C. 5715)” by amending it generally and adding subsec. (b), was executed to this section, which is section 381 of the Juvenile Justice and Delinquency Prevention Act of 1974 (Pub. L. 93415), to reflect the probable intent of Congress and the intervening renumbering of section 361 of Pub. L. 93415 as section 381 by section 3(g)(1)(A)(ii) of Pub. L. 102586. Prior to amendment, this section consisted of subsecs. (a) and (b) which required annual reports to Congress on the status and accomplishments of the runaway and homeless youth centers funded under part A of this subchapter and of the transitional living youth projects funded under part B of this subchapter. 1989—Subsec. (a). Pub. L. 101204, § 1003(1), substituted “submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate” for “report to the Congress”. Subsec. (b). Pub. L. 101204, § 1003(2), substituted “Not later than 180 days after the end of each fiscal year, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate” for “The Secretary shall annually report to the Congress”. 1988—Subsec. (a). Pub. L. 100690, §§ 7271(c)(5), 7273(c)(1), (2), 7274, designated existing provisions as subsec. (a), in introductory provisions substituted “Not later than 180 days after the end of each fiscal year, the Secretary shall” for “The Secretary shall annually”, “runaway and homeless youth centers” for “runaway centers”, and “part A of this subchapter” for “this part”, and in par. (1) substituted “runaway and homeless youth” for “runaway youth”. Subsec. (b). Pub. L. 100690, § 7273(c)(3), added subsec. (b). 1980—Pub. L. 96509 substituted “centers” for “houses”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, with the report required by this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in this section, see section 7296(a), (b)(3) of Pub. L. 100690, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11274 - Federal and non-Federal share; methods of payment
## Text
(a) The Federal share for the renovation of existing structures, the provision of counseling services, staff training, and the general costs of operations of such facilitys budget for any fiscal year shall be 90 per centum. The non-Federal share may be in cash or in kind, fairly evaluated by the Secretary, including plant, equipment, or services.
(b) Payments under this section may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.
(Pub. L. 93415, title III, § 383, formerly § 316, Sept. 7, 1974, 88 Stat. 1132; renumbered § 318, Pub. L. 98473, title II, § 655(1), Oct. 12, 1984, 98 Stat. 2124; renumbered § 362 and amended Pub. L. 100690, title VII, §§ 7271(c)(6), 7273(e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455; renumbered § 382, Pub. L. 102586, § 3(g)(1)(A)(ii), Nov. 4, 1992, 106 Stat. 5022; renumbered § 383, Pub. L. 10671, § 3(q), Oct. 12, 1999, 113 Stat. 1042.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5716 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 383 of Pub. L. 93415 was renumbered section 384 and is classified to section 11275 of this title.
Amendments1988—Subsec. (a). Pub. L. 100690, § 7271(c)(6), struck out “acquisition and” before “renovation”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11275 - Restrictions on disclosure and transfer
## Text
Records containing the identity of individual youths pursuant to this chapter may under no circumstances be disclosed or transferred to any individual or to any public or private agency.
(Pub. L. 93415, title III, § 384, formerly § 321, Sept. 7, 1974, 88 Stat. 1132; Pub. L. 95115, § 7(b), Oct. 3, 1977, 91 Stat. 1058; renumbered § 363, Pub. L. 100690, title VII, § 7273(e)(2), Nov. 18, 1988, 102 Stat. 4455; renumbered § 383, Pub. L. 102586, § 3(g)(1)(A)(ii), Nov. 4, 1992, 106 Stat. 5022; renumbered § 384, Pub. L. 10671, § 3(q), Oct. 12, 1999, 113 Stat. 1042.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 5731 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 384 of Pub. L. 93415 was renumbered section 386 and is classified to section 11277 of this title.
Amendments1977—Pub. L. 95115 substituted provisions relating to restrictions on disclosure and transfer of records, for provisions relating to scope, etc., of statistical report to Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 95115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93415, as added by Pub. L. 95115 and repealed by Pub. L. 100690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11276 - Consolidated review of applications
## Text
With respect to funds available to carry out parts A, B, C, D, and E, nothing in this subchapter shall be construed to prohibit the Secretary from—
(1) announcing, in a single announcement, the availability of funds for grants under 2 or more of such parts; and
(2) reviewing applications for grants under 2 or more of such parts in a single, consolidated application review process.
(Pub. L. 93415, title III, § 385, as added Pub. L. 10671, § 3(o), Oct. 12, 1999, 113 Stat. 1041.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5731a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 385 of Pub. L. 93415 was renumbered section 388 and is classified to section 11280 of this title.
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# 34 U.S.C. § 11277 - Evaluation and information
## Text
(a) In general If a grantee receives grants for 3 consecutive fiscal years under part A, B, C, D, or E (in the alternative), then the Secretary shall evaluate such grantee on-site, not less frequently than once in the period of such 3 consecutive fiscal years, for purposes of—
(1) determining whether such grants are being used for the purposes for which such grants are made by the Secretary;
(2) collecting additional information for the report required by section 11275 of this title; and
(3) providing such information and assistance to such grantee as will enable such grantee to improve the operation of the centers, projects, and activities for which such grants are made.
(b) Cooperation Recipients of grants under this subchapter shall cooperate with the Secretarys efforts to carry out evaluations, and to collect information, under this subchapter.
(Pub. L. 93415, title III, § 386, formerly § 364, as added Pub. L. 100690, title VII, § 7278, Nov. 18, 1988, 102 Stat. 4458; renumbered § 384, Pub. L. 102586, § 3(g)(1)(A)(ii), Nov. 4, 1992, 106 Stat. 5022; renumbered § 386 and amended Pub. L. 10671, § 3(l), Oct. 12, 1999, 113 Stat. 1039.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5732 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1999—Pub. L. 10671 amended section catchline and text generally. Prior to amendment, text read as follows: “(a) The Secretary shall develop for each fiscal year, and publish annually in the Federal Register for public comment a proposed plan specifying the subject priorities the Secretary will follow in making grants under this subchapter for such fiscal year. “(b) Taking into consideration comments received in the 45-day period beginning on the date the proposed plan is published, the Secretary shall develop and publish, before December 31 of such fiscal year, a final plan specifying the priorities referred to in subsection (a) of this section.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1988, but not applicable with respect to fiscal year 1989, see section 7296(a), (b)(2) of Pub. L. 100690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
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# 34 U.S.C. § 11278 - Performance standards
## Text
(a) Establishment of performance standards Not later than 1 year after October 8, 2008, the Secretary shall issue rules that specify performance standards for public and nonprofit private entities and agencies that receive grants under sections 11211, 11221, and 11261 of this title.
(b) Consultation The Secretary shall consult with representatives of public and nonprofit private entities and agencies that receive grants under this subchapter, including statewide and regional nonprofit organizations (including combinations of such organizations) that receive grants under this subchapter, and national nonprofit organizations concerned with youth homelessness, in developing the performance standards required by subsection (a).
(c) Implementation of performance standards The Secretary shall integrate the performance standards into the processes of the Department of Health and Human Services for grantmaking, monitoring, and evaluation for programs under sections 11211, 11221, and 11261 of this title.
(Pub. L. 93415, title III, § 386A, as added Pub. L. 110378, § 8, Oct. 8, 2008, 122 Stat. 4071.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 57321 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 11279 - Definitions
## Text
In this subchapter:
(1) Drug abuse education and prevention services The term “drug abuse education and prevention services”—
(A) means services to runaway and homeless youth to prevent or reduce the illicit use of drugs by such youth; and
(B) may include—
(i) individual, family, group, and peer counseling;
(ii) drop-in services;
(iii) assistance to runaway and homeless youth in rural areas (including the development of community support groups);
(iv) information and training relating to the illicit use of drugs by runaway and homeless youth, to individuals involved in providing services to such youth; and
(v) activities to improve the availability of local drug abuse prevention services to runaway and homeless youth.
(2) Home-based services The term “home-based services”—
(A) means services provided to youth and their families for the purpose of—
(i) preventing such youth from running away, or otherwise becoming separated, from their families; and
(ii) assisting runaway youth to return to their families; and
(B) includes services that are provided in the residences of families (to the extent practicable), including—
(i) intensive individual and family counseling; and
(ii) training relating to life skills and parenting.
(3) Homeless youth The term “homeless”, used with respect to a youth, means an individual—
(A) who is—
(i) less than 21 years of age, or, in the case of a youth seeking shelter in a center under part A, less than 18 years of age, or is less than a higher maximum age if the State where the center is located has an applicable State or local law (including a regulation) that permits such higher maximum age in compliance with licensure requirements for child-and youth-serving 11 So in original. facilities; and
(ii) for the purposes of part B, not less than 16 years of age and either—
(I) less than 22 years of age; or
(II) not less than 22 years of age, as of the expiration of the maximum period of stay permitted under section 11222(a)(2) of this title if such individual commences such stay before reaching 22 years of age;
(B) for whom it is not possible to live in a safe environment with a relative; and
(C) who has no other safe alternative living arrangement.
(4) Runaway youth The term “runaway”, used with respect to a youth, means an individual who is less than 18 years of age and who absents himself or herself from home or a place of legal residence without the permission of a parent or legal guardian.
(5) Street-based services The term “street-based services”—
(A) means services provided to runaway and homeless youth, and street youth, in areas where they congregate, designed to assist such youth in making healthy personal choices regarding where they live and how they behave; and
(B) may include—
(i) identification of and outreach to runaway and homeless youth, and street youth;
(ii) crisis intervention and counseling;
(iii) information and referral for housing;
(iv) information and referral for transitional living and health care services;
(v) advocacy, education, and prevention services related to—
(I) alcohol and drug abuse;
(II) sexual exploitation;
(III) sexually transmitted diseases, including human immunodeficiency virus (HIV); and
(IV) physical and sexual assault.
(6) Street youth The term “street youth” means an individual who—
(A) is—
(i) a runaway youth; or
(ii) indefinitely or intermittently a homeless youth; and
(B) spends a significant amount of time on the street or in other areas that increase the risk to such youth for sexual abuse, sexual exploitation, prostitution, or drug abuse.
(7) Transitional living youth project The term “transitional living youth project” means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long-term dependency on social services.
(8) Youth at risk of separation from the family The term “youth at risk of separation from the family” means an individual—
(A) who is less than 18 years of age; and
(B) (i) who has a history of running away from the family of such individual;
(ii) whose parent, guardian, or custodian is not willing to provide for the basic needs of such individual; or
(iii) who is at risk of entering the child welfare system or juvenile justice system as a result of the lack of services available to the family to meet such needs.
(Pub. L. 93415, title III, § 387, as added Pub. L. 10671, § 3(p), Oct. 12, 1999, 113 Stat. 1041; amended Pub. L. 10896, title I, § 116, Oct. 10, 2003, 117 Stat. 1170; Pub. L. 110378, § 10, Oct. 8, 2008, 122 Stat. 4072.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5732a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2008—Par. (3). Pub. L. 110378, § 10(a)(1), substituted “The term homeless, used with respect to a youth, means” for “The term homeless youth means” in introductory provisions. Par. (3)(A)(i). Pub. L. 110378, § 10(a)(2)(A), substituted “less than” for “not more than” in two places and inserted “, or is less than a higher maximum age if the State where the center is located has an applicable State or local law (including a regulation) that permits such higher maximum age in compliance with licensure requirements for child-and youth-serving facilities” after “18 years of age”. Par. (3)(A)(ii). Pub. L. 110378, § 10(a)(2)(B), substituted “age and either—” for “age;” and added subcls. (I) and (II). Pars. (4) to (8). Pub. L. 110378, § 10(b), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively. 2003—Subsec. (3)(A)(i). Pub. L. 10896 inserted “, or, in the case of a youth seeking shelter in a center under part A, not more than 18 years of age” after “of age”.
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# 34 U.S.C. § 11281 - Restriction on use of funds
## Text
(a) In general None of the funds contained in this subchapter may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(b) Separate accounting Any individual or entity who receives any funds contained in this subchapter and who carries out any program described in subsection (a) shall account for all funds used for such program separately from any funds contained in this subchapter.
(Pub. L. 93415, title III, § 389, as added Pub. L. 10896, title I, § 120, Oct. 10, 2003, 117 Stat. 1171.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5752 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 11291 - Findings
## Text
The Congress finds that—
(1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without the consent of that parent, under circumstances which immediately place the child in grave danger;
(2) many missing children are at great risk of both physical harm and sexual exploitation;
(3) many missing children are runaways;
(4) growing numbers of children are the victims of child sexual exploitation, including child sex trafficking and sextortion, increasingly involving the use of new technology to access the Internet;
(5) children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods;
(6) sex offenders pose a threat to children; and
(7) the Office of Juvenile Justice and Delinquency Prevention administers programs under this subchapter, including programs that prevent and address offenses committed against vulnerable children and support missing childrens organizations, including the National Center for Missing and Exploited Children that—
(A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public;
(B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, U.S. Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and
(C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement agencies, nongovernmental organizations, and corporate partners across the United States and around the world instantly.
(Pub. L. 93415, title IV, § 402, as added Pub. L. 98473, title II, § 660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 10671, § 2(a), Oct. 12, 1999, 113 Stat. 1032; Pub. L. 10896, title II, § 201, Oct. 10, 2003, 117 Stat. 1171; Pub. L. 110240, § 2, June 3, 2008, 122 Stat. 1560; Pub. L. 11338, § 2(a), Sept. 30, 2013, 127 Stat. 527; Pub. L. 115267, § 2(a), Oct. 11, 2018, 132 Stat. 3756; Pub. L. 115393, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5267.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5771 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 402 of Pub. L. 93415 amended section 3888 of Title 42, The Public Health and Welfare, and repealed section 3889 of Title 42, and was repealed by Pub. L. 95115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
Amendments2018—Pub. L. 115393 made amendments to this section substantially identical to those made by Pub. L. 115267, § 2(a). See Amendment notes below. Text of section is based on amendments by Pub. L. 115267. Par. (1). Pub. L. 115267, § 2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “each year thousands of children are abducted or removed from the control of a parent having legal custody without such parents consent, under circumstances which immediately place the child in grave danger;”. Par. (4). Pub. L. 115267, § 2(a)(2)(4), redesignated par. (6) as (4), inserted “, including child sex trafficking and sextortion” after “exploitation”, and struck out former par. (4) which read as follows: “in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts;”. Par. (5). Pub. L. 115267, § 2(a)(2), (3), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts;”. Par. (6). Pub. L. 115267, § 2(a)(3), (5), redesignated par. (8) as (6) and inserted “and” at end. Former par. (6) redesignated (4). Par. (7). Pub. L. 115267, § 2(a)(3), (6), redesignated par. (10) as (7) and amended it generally. Prior to amendment, text related to the National Center for Missing and Exploited Children. Former par. (7) redesignated (5). Pars. (8) to (10). Pub. L. 115267, § 2(a)(2), (3), redesignated pars. (8) and (10) as (6) and (7), respectively, and struck out par. (9) which read as follows: “the Office of Juvenile Justice and Delinquency Prevention administers programs under this chapter through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable children and which support missing childrens organizations; and”. 2013—Pub. L. 11338 added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively. 2008—Pub. L. 110240 amended section generally. Prior to amendment, section consisted of pars. (1) to (5) stating findings of Congress concerning missing or abducted children and the role of the National Center for Missing and Exploited Children. 2003—Pub. L. 10896 amended section generally. Prior to amendment, section consisted of pars. (1) to (21) stating findings of Congress. 1999—Pars. (9) to (21). Pub. L. 10671 added pars. (9) to (21).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115267, § 4, Oct. 11, 2018, 132 Stat. 3760, provided that: “(a) Effective Date.—Except as provided in subsection (b), this Act [see section 1 of Pub. L. 115267, set out as a Short Title of 2018 Amendment note under section 10101 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 11, 2018]. “(b) Application of Amendments.—The amendments made by section 2 [enacting section 11295a of this title and amending this section and sections 11292 to 11294, 11296, and 11297 of this title] shall apply with respect to fiscal years that begin after September 30, 2018.”
Effective DateSubchapter effective Oct. 12, 1984, see section 670(a) of Pub. L. 98473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title.
Short TitleFor short title of title IV of Pub. L. 93415, which is classified to this subchapter, as the “Missing Childrens Assistance Act”, see section 401 of Pub. L. 93415, set out as a Short Title of 1974 Act note under section 10101 of this title.
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# 34 U.S.C. § 11292 - Definitions
## Text
For the purpose of this subchapter—
(1) the term “missing child” means any individual less than 18 years of age whose whereabouts are unknown to such individuals parent;
(2) the term “Administrator” means the Administrator of the Office of Juvenile Justice and Delinquency Prevention;
(3) the term “Center” means the National Center for Missing and Exploited Children;
(4) the term “parent” includes a legal guardian or other individual who may lawfully exercise parental rights with respect to the child; and
(5) the term “child sexual abuse material” has the meaning given the term “child pornography” in section 2256 of title 18; 11 So in original. The semicolon probably should be a period.
(Pub. L. 93415, title IV, § 403, as added Pub. L. 98473, title II, § 660, Oct. 12, 1984, 98 Stat. 2126; amended Pub. L. 10671, § 2(b), Oct. 12, 1999, 113 Stat. 1034; Pub. L. 109248, title I, § 154(b), July 27, 2006, 120 Stat. 611; Pub. L. 109295, title VI, § 689b(c), Oct. 4, 2006, 120 Stat. 1450; Pub. L. 115267, § 2(b), Oct. 11, 2018, 132 Stat. 3757; Pub. L. 115393, title II, § 202(b), Dec. 21, 2018, 132 Stat. 5268; Pub. L. 11865, § 2(a), June 17, 2024, 138 Stat. 1439.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5772 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 403 of Pub. L. 93415 amended section 3883 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894.
Amendments2024—Par. (5). Pub. L. 11865 added par. (5). 2018—Par. (1). Pub. L. 115267, § 2(b)(1), and Pub. L. 115393, § 202(b)(1), amended section identically, adding par. (1) and striking out former par. (1) which read as follows: “the term missing child means any individual less than 18 years of age whose whereabouts are unknown to such individuals legal custodian;”. Par. (4). Pub. L. 115267, § 2(b)(2)(4), and Pub. L. 115393, § 202(b)(2)(4), amended section identically, adding par. (4). 2006—Par. (1). Pub. L. 109295, which directed amendment of par. (1) by striking out “or” at the end of subpar. (A), inserting “or” after the semicolon in subpar. (B), and adding after subpar. (B) subpar. (C) “the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 5122 of this title).”, could not be executed because of the prior amendment by Pub. L. 109248, see below. Pub. L. 109248, which directed amendment of “Section 403(1) of the Comprehensive Crime Control Act of 1984 (42 U.S.C. 5772)” by substituting a semicolon at end for “if—” through subpar. (B), was executed by substituting a semicolon for “if—”and subpars. (A) and (B) of par. (1) of this section, which is section 403 of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. 93415, as added by section 660 of the Comprehensive Crime Control Act of 1984, to reflect the probable intent of Congress. Prior to amendment, subpars. (A) and (B) read as follows: “(A) the circumstances surrounding such individuals disappearance indicate that such individual may possibly have been removed by another from the control of such individuals legal custodian without such custodians consent; or “(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited;”. 1999—Par. (3). Pub. L. 10671 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115267, set out as a note under section 11291 of this title.
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# 34 U.S.C. § 11294 - Grants
## Text
(a) Authority of Administrator; description of research, demonstration projects, and service programs The Administrator is authorized to make grants to and enter into contracts with the Center and with public agencies or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed—
(1) to educate parents, children, schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers, and community agencies and organizations in ways to prevent the abduction and sexual exploitation of children;
(2) to provide information to assist in the locating and return of missing children;
(3) to aid communities and schools in the collection of materials which would be useful to parents in assisting others in the identification of missing children;
(4) to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of—
(A) the abduction of a child, both during the period of disappearance and after the child is recovered; and
(B) the sexual exploitation of a missing child;
(5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing childrens cases;
(6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual exploitation and by promoting the active participation of children and their families in cases involving abuse or sexual exploitation of children;
(7) to address the needs of missing children and their families following the recovery of such children;
(8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals parents without such parents consent; and
(9) to establish or operate statewide clearinghouses to assist in locating and recovering missing children.
(b) Priorities of grant applicants In considering grant applications under this subchapter, the Administrator shall give priority to applicants who—
(1) have demonstrated or demonstrate ability in—
(A) locating missing children or locating and reuniting missing children with their parents;
(B) providing other services to missing children or their families; or
(C) conducting research relating to missing children; and
(2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volunteer assistance.
The Administrator shall give first priority to applicants qualifying under subparagraphs (A) and (B) of paragraph (1).
(c) Non-Federal fund expenditures requisite for receipt of Federal assistance In order to receive assistance under this subchapter for a fiscal year, applicants shall give assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and private sources.
(Pub. L. 93415, title IV, § 405, formerly § 406, as added Pub. L. 98473, title II, § 660, Oct. 12, 1984, 98 Stat. 2128; renumbered § 405 and amended Pub. L. 100690, title VII, §§ 7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L. 101204, title X, § 1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 10671, § 2(d), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 11338, § 2(c), Sept. 30, 2013, 127 Stat. 528; Pub. L. 115267, § 2(d), Oct. 11, 2018, 132 Stat. 3759; Pub. L. 115393, title II, § 202(d), Dec. 21, 2018, 132 Stat. 5270.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5775 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 405 of Pub. L. 93415 was classified to section 5774 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 100690, title VII, § 7286, Nov. 18, 1988, 102 Stat. 4460.
Amendments2018—Subsec. (a)(7). Pub. L. 115267, § 2(d)(1)(A), and Pub. L. 115393, § 202(d)(1)(A), amended par. (7) identically, striking out “(as defined in section 11292(1)(A) of this title)” after “missing children”. Subsec. (a)(8). Pub. L. 115267, § 2(d)(1)(B), and Pub. L. 115393, § 202(d)(1)(B), amended par. (8) identically, substituting “parents” for “legal custodians” and “parents ” for “custodians ”. Subsec. (b)(1)(A). Pub. L. 115267, § 2(d)(2), and Pub. L. 115393, § 202(d)(2), amended subpar. (A) identically, substituting “parents” for “legal custodians”. 2013—Subsec. (a)(1). Pub. L. 11338, § 2(c)(1), inserted “schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers,” after “children,”. Subsec. (a)(3). Pub. L. 11338, § 2(c)(2), inserted “and schools” after “communities”. 1999—Subsec. (a). Pub. L. 10671 inserted “the Center and with” before “public agencies” in introductory provisions. 1989—Subsec. (a)(9). Pub. L. 101204 substituted “clearinghouses” for “clearinghouse”. 1988—Subsec. (a)(7) to (9). Pub. L. 100690, § 7287, added pars. (7) to (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115267, set out as a note under section 11291 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11295 - Criteria for grants
## Text
(a) Establishment of priorities and criteria; publication in Federal Register In carrying out the programs authorized by this subchapter, the Administrator shall establish—
(1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 11294 of this title; and
(2) criteria based on merit for making such grants and contracts.
Not less than 60 days before establishing such priorities and criteria, the Administrator shall publish in the Federal Register for public comment a statement of such proposed priorities and criteria.
(b) Competitive selection process for grant or contract exceeding $50,000 No grant or contract exceeding $50,000 shall be made under this subchapter unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process.
(c) Multiple grants or contracts to same grantee or contractor Multiple grants or contracts to the same grantee or contractor within any 1 year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contractors.11 So in original. Probably should be “contracts.”
(Pub. L. 93415, title IV, § 406, formerly § 407, as added Pub. L. 98473, title II, § 660, Oct. 12, 1984, 98 Stat. 2129; renumbered § 406 and amended Pub. L. 100690, title VII, §§ 7288, 7290, Nov. 18, 1988, 102 Stat. 4461.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5776 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 406 of Pub. L. 93415 was renumbered section 405 and is classified to section 11294 of this title.
Amendments1988—Pub. L. 100690, § 7290(b), which purported to make technical amendment to reference to section 5775 of this title to reflect renumbering of corresponding section of original act, could not be executed to text because of general amendment of section by Pub. L. 100690, § 7288, see below. Pub. L. 100690, § 7288, amended section generally. Prior to amendment, section read as follows: “The Administrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 5775 of this title and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11295a - Reporting
## Text
(a) Required reporting As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate—
(1) the number of children nationwide who are reported to the grantee as missing;
(2) the number of children nationwide who are reported to the grantee as victims of non-family abductions;
(3) the number of children nationwide who are reported to the grantee as victims of family abductions;
(4) the number of missing children recovered nationwide whose recovery was reported to the grantee;
(5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care;
(6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and
(7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking.
(b) Incidence of attempted child abductions As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall—
(1) track the incidence of attempted child abductions in order to identify links and patterns;
(2) provide such information to law enforcement agencies; and
(3) make such information available to the general public, as appropriate.
(c) Criteria for forensic partnerships As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.
(Pub. L. 93415, title IV, § 407, as added Pub. L. 115267, § 2(e)(2), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115393, title II, § 202(e)(2), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 11865, § 2(c), June 17, 2024, 138 Stat. 1442.)
## Notes
Editorial Notes
Codification Pub. L. 115267 and Pub. L. 115393 enacted identical sections.
Prior ProvisionsA prior section 407 of Pub. L. 93415 was renumbered section 408 and is classified to section 11296 of this title. Another prior section 407 of title IV of Pub. L. 93415, as added Pub. L. 103322, title XVII, § 170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Exploited Childrens Task Force, prior to repeal by Pub. L. 110240, § 5(1), June 3, 2008, 122 Stat. 1564.
Amendments2024—Subsec. (a)(5) to (7). Pub. L. 11865, § 2(c)(1), added pars. (5) to (7). Subsec. (c). Pub. L. 11865, § 2(c)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115267, set out as an Effective Date of 2018 Amendment note under section 11291 of this title.
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# 34 U.S.C. § 11296 - Oversight and accountability
## Text
All grants awarded by the Department of Justice that are authorized under this subchapter shall be subject to the following:
(1) Audit requirement For 2 of the fiscal years in the period of fiscal years 2014 through 2023, the Inspector General of the Department of Justice shall conduct audits of the recipient of grants under this subchapter to prevent waste, fraud, and abuse by the grantee.
(2) Mandatory exclusion If the recipient of grant funds under this subchapter is found to have an unresolved audit finding, then that entity shall not be eligible to receive grant funds under this subchapter during the 2 fiscal years beginning after the 12-month period described in paragraph (4).
(3) Repayment of grant funds If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall—
(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(4) Defined term In this section, the term “unresolved audit finding” means an audit report finding in the final report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued.
(5) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this subchapter, the term “nonprofit”, relating to an entity, means the entity is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
(B) Prohibition The Attorney General shall not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in off-shore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.
(C) Disclosure Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations under section 53.49586 of title 26 of the Code of Federal Regulations to create a rebuttable presumption of reasonableness of the compensation for its officers, directors, trustees and key employees, shall disclose to the Attorney General the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information available for public inspection.
(6) Conference expenditures (A) Limitation No amounts authorized to be appropriated under this subchapter may be used to host or support any expenditure for conferences that uses more than $20,000 unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy director as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
(B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment.
(C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved by operation of this paragraph.
(7) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this subchapter may not be utilized by any grant recipient to—
(i) lobby any representative of the Department of Justice regarding the award of any grant funding; or
(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B) Penalty If the Attorney General determines that any recipient of a grant under this subchapter has violated subparagraph (A), the Attorney General shall—
(i) require the grant recipient to repay the grant in full; and
(ii) prohibit the grant recipient from receiving another grant under this subchapter for not less than 5 years.
(C) Clarification For purposes of this paragraph, submitting an application for a grant under this subchapter shall not be considered lobbying activity in violation of subparagraph (A).
(Pub. L. 93415, title IV, § 408, formerly § 407, as added Pub. L. 11338, § 4, Sept. 30, 2013, 127 Stat. 529; renumbered § 408, Pub. L. 115267, § 2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115393, title II, § 202(e)(1), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 115267, § 3(b), Oct. 11, 2018, 132 Stat. 3760.)
## Notes
Editorial Notes
Codification Pub. L. 115267, § 2(e)(1), and Pub. L. 115393, § 202(e)(1), identically renumbered section 407 of Pub. L. 93415 as section 408. Section was formerly classified to section 5776a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 408 of Pub. L. 93415 was renumbered section 409 and is classified to section 11297 of this title.
Amendments2018—Par. (1). Pub. L. 115267, § 3(b), substituted “2023” for “2018”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115267 effective Oct. 11, 2018, with amendment by section 2 of Pub. L. 115267 applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115267, set out as a note under section 11291 of this title.
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# 34 U.S.C. § 11297 - Authorization of appropriations
## Text
(a) In general To carry out the provisions of this subchapter, there are authorized to be appropriated $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000 of which shall be used to carry out section 11293(b) of this title for each such fiscal year.
(b) Evaluation The Administrator may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the programs and activities established and operated under this subchapter.
(Pub. L. 93415, title IV, § 409, formerly § 408, as added Pub. L. 98473, title II, § 660, Oct. 12, 1984, 98 Stat. 2129; renumbered § 407 and amended Pub. L. 100690, title VII, §§ 7289, 7290(a), Nov. 18, 1988, 102 Stat. 4461; Pub. L. 101204, title X, § 1001(e)(3), Dec. 7, 1989, 103 Stat. 1827; Pub. L. 102586, § 4, Nov. 4, 1992, 106 Stat. 5027; renumbered § 408, Pub. L. 103322, title XVII, § 170303(1), Sept. 13, 1994, 108 Stat. 2043; Pub. L. 104235, title II, § 231(a), Oct. 3, 1996, 110 Stat. 3092; Pub. L. 10671, § 2(e), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 10821, title III, § 321(a), Apr. 30, 2003, 117 Stat. 664; Pub. L. 10896, title II, § 202(b), Oct. 10, 2003, 117 Stat. 1172; renumbered § 407 and amended Pub. L. 110240, §§ 4, 5(2), June 3, 2008, 122 Stat. 1563, 1564; renumbered § 408 and amended Pub. L. 11338, § 3, Sept. 30, 2013, 127 Stat. 528; renumbered § 409, Pub. L. 115267, § 2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115393, title II, § 202(e)(1), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 115267, § 3(a), Oct. 11, 2018, 132 Stat. 3760; Pub. L. 11865, § 2(d), June 17, 2024, 138 Stat. 1442.)
## Notes
Editorial Notes
Codification Pub. L. 115267, § 2(e)(1), and Pub. L. 115393, § 202(e)(1), identically renumbered section 408 of Pub. L. 93415 as section 409. Section was formerly classified to section 5777 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2024—Subsec. (a). Pub. L. 11865 substituted “$49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000” for “$40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000”. 2018—Subsec. (a). Pub. L. 115267, § 3(a), substituted “2023” for “2018”. 2013—Subsec. (a). Pub. L. 11338, § 3(1), substituted “$40,000,000 for each of the fiscal years 2014 through 2018, up to $32,200,000 of which shall be used to carry out section 5773(b) of this title for each such fiscal year.” for “such sums as may be necessary for fiscal years 2008 through 2013.” 2008—Subsec. (a). Pub. L. 110240, § 4, which directed substitution of “2008 through 2013” for “2007 through 2008”, was executed by making the substitution for “2004 through 2008”, to reflect the probable intent of Congress. 2003—Subsec. (a). Pub. L. 10896 substituted “2008” for “2005.” Pub. L. 10821 substituted “fiscal years 2004 through 2005.” for “fiscal years 2000 through 2003”. 1999—Subsec. (a). Pub. L. 10671 substituted “2000 through 2003” for “1997 through 2001”. 1996—Pub. L. 104235 designated existing provisions as subsec. (a), inserted heading, substituted “1997 through 2001” for “1993, 1994, 1995, and 1996”, and added subsec. (b). 1992—Pub. L. 102586 substituted “fiscal years 1993, 1994, 1995, and 1996” for “fiscal years 1989, 1990, 1991, and 1992”. 1989—Pub. L. 101204 amended directory language of Pub. L. 100690, § 7289(3), see 1988 Amendment note below. 1988—Pub. L. 100690, § 7289, as amended by Pub. L. 101204, struck out “$10,000,000 for fiscal year 1985, and” after “appropriated” and “1986, 1987, and 1988” after “fiscal years” and inserted “1989, 1990, 1991, and 1992”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115267 effective Oct. 11, 2018, with amendment by section 2 of Pub. L. 115267 applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115267, set out as a note under section 11291 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100690, set out as a note under section 11101 of this title.
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# 34 U.S.C. § 11298 - Authority of Inspectors General
## Text
(a) In general An Inspector General appointed under section 403 or 415 of title 5 may authorize staff to assist the National Center for Missing and Exploited Children—
(1) by conducting reviews of inactive case files to develop recommendations for further investigations; and
(2) by engaging in similar activities.
(b) Limitations (1) Priority An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the duties of the Inspector General under chapter 4 of title 5.
(2) Funding No additional funds are authorized to be appropriated to carry out this section.
(Pub. L. 101647, title XXXVII, § 3703, as added Pub. L. 110344, § 9, Oct. 7, 2008, 122 Stat. 3936; amended Pub. L. 117286, § 4(b)(59), Dec. 27, 2022, 136 Stat. 4349.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5780a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Childrens Assistance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.
Amendments2022—Subsec. (a). Pub. L. 117286, § 4(b)(59)(A), substituted “section 403 or 415 of title 5” for “section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.)” in introductory provisions. Subsec. (b)(1). Pub. L. 117286, § 4(b)(59)(B), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).”
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# 34 U.S.C. § 11311 - Definitions
## Text
In this subchapter—
(1) the term “at-risk” has the meaning given that term in section 6472 of title 20;
(2) the term “eligible entity” means—
(A) a unit of local government that is in compliance with the requirements of part B of subchapter II; or
(B) a nonprofit organization in partnership with a unit of local government described in subparagraph (A);
(3) the term “delinquency prevention program” means a delinquency prevention program that is evidence-based or promising and that may include—
(A) alcohol and substance abuse prevention or treatment services;
(B) tutoring and remedial education, especially in reading and mathematics;
(C) child and adolescent health and mental health services;
(D) recreation services;
(E) leadership and youth development activities;
(F) the teaching that individuals are and should be held accountable for their actions;
(G) assistance in the development of job training skills;
(H) youth mentoring programs;
(I) after-school programs;
(J) coordination of a continuum of services that may include—
(i) early childhood development services;
(ii) voluntary home visiting programs;
(iii) nurse-family partnership programs;
(iv) parenting skills training;
(v) child abuse prevention programs;
(vi) family stabilization programs;
(vii) child welfare services;
(viii) family violence intervention programs;
(ix) adoption assistance programs;
(x) emergency, transitional and permanent housing assistance;
(xi) job placement and retention training;
(xii) summer jobs programs;
(xiii) alternative school resources for youth who have dropped out of school or demonstrate chronic truancy;
(xiv) conflict resolution skill training;
(xv) restorative justice programs;
(xvi) mentoring programs;
(xvii) targeted gang prevention, intervention and exit services;
(xviii) training and education programs for pregnant teens and teen parents; and
(xix) pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community; and
(K) other data-driven evidence-based or promising prevention programs;
(4) the term “local policy board”, when used with respect to an eligible entity, means a policy board that the eligible entity will engage in the development of the eligible entitys plan described in section 11313(e)(5) of this title, and that includes—
(A) not fewer than 15 and not more than 21 members; and 11 So in original. The word “and” probably should not appear.
(B) a balanced representation of—
(i) public agencies and private nonprofit organizations serving juveniles and their families; and
(ii) business and industry;
(C) at least one representative of the faith community, one adjudicated youth, and one parent of an adjudicated youth; and
(D) in the case of an eligible entity described in paragraph (1)(B), a representative of the nonprofit organization of the eligible entity;
(5) the term “mentoring” means matching 1 adult with 1 or more youths for the purpose of providing guidance, support, and encouragement through regularly scheduled meetings for not less than 9 months;
(6) the term “State advisory group” means the advisory group appointed by the chief executive officer of a State under a plan described in section 11133(a) of this title; and
(7) the term “State entity” means the State agency designated under section 11133(a)(1) of this title or the entity receiving funds under section 11133(d) of this title.
(Pub. L. 93415, title V, § 502, as added Pub. L. 107273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894; amended Pub. L. 115385, title III, § 302, Dec. 21, 2018, 132 Stat. 5145.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5781 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 502 of title V of Pub. L. 93415, as added Pub. L. 102586, § 5(a), Nov. 4, 1992, 106 Stat. 5027, related to findings, prior to the general amendment of title V of Pub. L. 93415 by Pub. L. 107273. Another prior section 502 of Pub. L. 93415, title V, Sept. 7, 1974, 88 Stat. 1134, amended section 5032 of Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 115385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
Amendments2018—Pub. L. 115385 amended section generally. Prior to amendment, text read as follows: “In this subchapter, the term State advisory group means the advisory group appointed by the chief executive officer of a State under a plan described in section 11133(a) of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
Effective DatePub. L. 107273, div. C, title II, § 12222(b), Nov. 2, 2002, 116 Stat. 1896, as amended by Pub. L. 1087, div. B, title I, § 110(1), Feb. 20, 2003, 117 Stat. 67, provided that: “The amendment made by subsection (a) [see Tables for classification] shall take effect on the effective date provided in section 12102(b) [set out as a note under section 10401 of this title], and shall not apply with respect to grants made before such date.”
Short TitleFor short title of title V of Pub. L. 93415, which is classified to this subchapter, as the “Incentive Youth Promise Grants for Local Delinquency Prevention Programs Act of 2018”, see section 501 of Pub. L. 93415, set out as a Short Title of 1974 Act note under section 10101 of this title.
GAO Studies and ReportsPub. L. 102586, § 5(b), Nov. 4, 1992, 106 Stat. 5029, as amended by Pub. L. 104316, title I, § 122(n), Oct. 19, 1996, 110 Stat. 3838; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814, provided that: “Under such conditions as the Comptroller General of the United States determines appropriate, the Government Accountability Office may conduct studies and report to Congress on the effects of the program established by subsection (a) [enacting former title V of Pub. L. 93415, former 42 U.S.C. 57815785] in encouraging States and units of general local government to comply with the requirements of part B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 56315633) [now 34 U.S.C. 1113111133].”
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# 34 U.S.C. § 11312 - Duties and functions of the Administrator
## Text
The Administrator shall—
(1) make such arrangements as are necessary and appropriate to facilitate coordination and policy development among all activities funded through the Department of Justice relating to delinquency prevention (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development);
(2) provide adequate staff and resources necessary to properly carry out this subchapter; and
(3) not later than 180 days after the end of each fiscal year, submit a report to the chairman of the Committee on Education and the Workforce of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate—
(A) describing activities and accomplishments of grant activities funded under this subchapter;
(B) describing procedures followed to disseminate grant activity products and research findings;
(C) describing activities conducted to develop policy and to coordinate Federal agency and interagency efforts related to delinquency prevention; and
(D) identifying successful approaches and making recommendations for future activities to be conducted under this subchapter.
(Pub. L. 93415, title V, § 503, as added Pub. L. 107273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894; amended Pub. L. 115385, title III, § 303, Dec. 21, 2018, 132 Stat. 5147.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 5782 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 503 of title V of Pub. L. 93415, as added Pub. L. 102586, § 5(a), Nov. 4, 1992, 106 Stat. 5027, defined “State advisory group”, prior to the general amendment of title V of Pub. L. 93415 by Pub. L. 107273. Another prior section 503 of Pub. L. 93415, title V, Sept. 7, 1974, 88 Stat. 1135, amended section 5033 of Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 115385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
Amendments2018—Pub. L. 115385 redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “issue such rules as are necessary or appropriate to carry out this subchapter;”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as a note under section 11102 of this title.
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# 34 U.S.C. § 11314 - Grants for tribal delinquency prevention and response programs
## Text
(a) In general The Administrator shall make grants under this section, on a competitive basis, to eligible Indian Tribes (or consortia of Indian Tribes) as described in subsection (b)—
(1) to support and enhance—
(A) tribal juvenile delinquency prevention services; and
(B) the ability of Indian Tribes to respond to, and care for, at-risk or delinquent youth upon release; and
(2) to encourage accountability of Indian tribal governments with respect to preventing juvenile delinquency, and responding to, and caring for, juvenile offenders.
(b) Eligible Indian Tribes To be eligible to receive a grant under this section, an Indian Tribe or consortium of Indian Tribes shall submit to the Administrator an application in such form as the Administrator may require.
(c) Considerations In providing grants under this section, the Administrator shall take into consideration, with respect to the Indian Tribe to be served, the—
(1) juvenile delinquency rates;
(2) school dropout rates; and
(3) number of youth at risk of delinquency.
(d) Availability of funds Of the amount available for a fiscal year to carry out this subchapter, 11 percent shall be available to carry out this section.
(Pub. L. 93415, title V, § 505, as added Pub. L. 115385, title III, § 305, Dec. 21, 2018, 132 Stat. 5150.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 505 of Pub. L. 93415, as added Pub. L. 107273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1896, which authorized appropriations for fiscal years 2004 to 2008, was renumbered section 506 and was classified to section 5784 of Title 42, The Public Health and Welfare, prior to omission from the Code and its subsequent repeal by Pub. L. 115385, title IV, § 402(c)(2), Dec. 21, 2018, 132 Stat. 5160. Another prior section 505 of Pub. L. 93415, as added Pub. L. 102586, § 5(a), Nov. 4, 1992, 106 Stat. 5028; amended Pub. L. 105277, div. A, § 101(b) [title I, § 129(a)(2)(F)], Oct. 21, 1998, 112 Stat. 268150, 268176, related to grants for prevention programs, prior to the general amendment of title V of Pub. L. 93415 by Pub. L. 107273. Another prior section 505 of Pub. L. 93415, title V, Sept. 7, 1974, 88 Stat. 1135, amended section 5035 of Title 18, Crimes and Criminal Procedure, and was repealed by Pub. L. 115385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
Statutory Notes and Related Subsidiaries
Effective DateSection not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as an Effective Date of 2018 Amendment note under section 11102 of this title.
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# 34 U.S.C. § 11321 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this chapter, except for subchapters III and IV, $176,000,000 for each of fiscal years 2019 through 2023, of which not more than $96,053,401 shall be used to carry out subchapter V for each such fiscal year.
(Pub. L. 93415, title VI, § 601, as added Pub. L. 115385, title IV, § 402(a), Dec. 21, 2018, 132 Stat. 5154.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as an Effective Date of 2018 Amendment note under section 11102 of this title.
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# 34 U.S.C. § 11322 - Accountability and oversight
## Text
(a) Sense of Congress It is the sense of Congress that, in order to ensure that at-risk youth, and youth who come into contact with the juvenile justice system or the criminal justice system, are treated fairly and that the outcome of that contact is beneficial to the Nation—
(1) the Department of Justice, through its Office of Juvenile Justice and Delinquency Prevention, must restore meaningful enforcement of the core requirements in subchapter II; and
(2) States, which are entrusted with a fiscal stewardship role if they accept funds under subchapter II 11 So in original. Probably should be followed by a comma. must exercise vigilant oversight to ensure full compliance with the core requirements for juveniles provided for in subchapter II.
(b) Accountability (1) Agency program review (A) Programmatic and financial assessment (i) In general Not later than 60 days after December 21, 2018, the Director of the Office of Audit, Assessment, and Management of the Office of Justice Programs at the Department of Justice (referred to in this section as the “Director”) shall—
(I) conduct a comprehensive analysis and evaluation of the internal controls of the Office of Juvenile Justice and Delinquency Prevention (referred to in this section as the “agency”) to determine if States and Indian Tribes receiving grants are following the requirements of the agency grant programs and what remedial action the agency has taken to recover any grant funds that are expended in violation of grant programs, including instances where—
(aa) supporting documentation was not provided for cost reports;
(bb) unauthorized expenditures occurred; and
(cc) subrecipients of grant funds were not in compliance with program requirements;
(II) conduct a comprehensive audit and evaluation of a selected statistically significant sample of States and Indian Tribes (as determined by the Director) that have received Federal funds under subchapter II, including a review of internal controls to prevent fraud, waste, and abuse of funds by grantees; and
(III) submit a report in accordance with clause (iv).
(ii) Considerations for evaluations In conducting the analysis and evaluation under clause (i)(I), and in order to document the efficiency and public benefit of subchapters II and V, the Director shall take into consideration the extent to which—
(I) greater oversight is needed of programs developed with grants made by the agency;
(II) changes are necessary in the authorizing statutes of the agency in order that the functions of the agency can be performed in a more efficient and effective manner; and
(III) the agency has implemented recommendations issued by the Comptroller General or Office of Inspector General relating to the grant making and grant monitoring responsibilities of the agency.
(iii) Considerations for audits In conducting the audit and evaluation under clause (i)(II), and in order to document the efficiency and public benefit of subchapters II and V, the Director shall take into consideration—
(I) whether grantees timely file Financial Status Reports;
(II) whether grantees have sufficient internal controls to ensure adequate oversight of grant funds received;
(III) whether grantees assertions of compliance with the core requirements were accompanied with adequate supporting documentation;
(IV) whether expenditures were authorized;
(V) whether subrecipients of grant funds were complying with program requirements; and
(VI) whether grant funds were spent in accordance with the program goals and guidelines.
(iv) Report The Director shall—
(I) submit to the Congress a report outlining the results of the analysis, evaluation, and audit conducted under clause (i), including supporting materials, to the Speaker of the House of Representatives and the President pro tempore of the Senate; and
(II) shall 22 So in original. The word “shall” probably should not appear. make such report available to the public online, not later than 1 year after December 21, 2018.
(B) Analysis of internal controls (i) In general Not later than 30 days after December 21, 2018, the Administrator shall initiate a comprehensive analysis and evaluation of the internal controls of the agency to determine whether, and to what extent, States and Indian Tribes that receive grants under subchapters II and V are following the requirements of the grant programs authorized under subchapters II and V.
(ii) Report Not later than 180 days after December 21, 2018, the Administrator shall submit to Congress a report containing—
(I) the findings of the analysis and evaluation conducted under clause (i);
(II) a description of remedial actions, if any, that will be taken by the Administrator to enhance the internal controls of the agency and recoup funds that may have been expended in violation of law, regulations, or program requirements issued under subchapters II and V; and
(III) a description of—
(aa) the analysis conducted under clause (i);
(bb) whether the funds awarded under subchapters II and V have been used in accordance with law, regulations, program guidance, and applicable plans; and
(cc) the extent to which funds awarded to States and Indian Tribes under subchapters II and V enhanced the ability of grantees to fulfill the core requirements.
(C) Report by the Attorney General Not later than 180 days after December 21, 2018, the Attorney General shall submit to the appropriate committees of the Congress a report on the estimated amount of formula grant funds disbursed by the agency since fiscal year 2010 that did not meet the requirements for awards of formula grants to States under subchapter II.
(2) Office of Inspector General performance audits (A) In general In order to ensure the effective and appropriate use of grants administered under this chapter (excluding subchapter IV) and to prevent waste, fraud, and abuse of funds by grantees, the Inspector General of the Department of Justice shall annually conduct audits of grantees that receive funds under this chapter.
(B) Assessment Not later than 1 year after December 21, 2018, and annually thereafter, the Inspector General shall conduct a risk assessment to determine the appropriate number of grantees to be audited under subparagraph (A) in the year involved.
(C) Public availability on website The Attorney General shall make the summary of each review conducted under this section available on the website of the Department of Justice, subject to redaction as the Attorney General determines necessary to protect classified and other sensitive information.
(D) Mandatory exclusion A recipient of grant funds under this chapter (excluding subchapter IV) that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this chapter (excluding subchapter IV) during the first 2 fiscal years beginning after the 12-month period beginning on the date on which the audit report is issued.
(E) Priority In awarding grants under this chapter (excluding subchapter IV), the Administrator shall give priority to a State or Indian Tribe that did not have an unresolved audit finding during the 3 fiscal years prior to the date on which the State or Indian Tribe submits an application for a grant under this chapter.
(F) Reimbursement If a State or an Indian Tribe is awarded a grant under this chapter (excluding subchapter IV) during the 2-fiscal-year period in which the recipient is barred from receiving grants under subparagraph (D), the Attorney General shall—
(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the general fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the general fund under clause (i) from the grantee that was erroneously awarded grant funds.
(G) Definition In this paragraph, the term “unresolved audit finding” means a finding in the final audit report of the Inspector General—
(i) that the audited State or Indian Tribe has used grant funds for an unauthorized expenditure or otherwise unallowable cost; and
(ii) that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued.
(3) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs described in this chapter (excluding subchapter IV), the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
(B) Prohibition The Administrator may not award a grant under any grant program described in this chapter (excluding subchapter IV) to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.
(C) Disclosure (i) In general Each nonprofit organization that is awarded a grant under a grant program described in this chapter (excluding subchapter IV) and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including—
(I) the independent persons involved in reviewing and approving such compensation;
(II) the comparability data used; and
(III) contemporaneous substantiation of the deliberation and decision.
(ii) Public inspection upon request Upon request, the Administrator shall make the information disclosed under clause (i) available for public inspection.
(4) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this chapter may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this chapter, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
(B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and entertainment.
(C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved under this paragraph.
(5) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this chapter may not be utilized by any recipient of a grant made using such amounts—
(i) to lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii) to lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B) Penalty If the Attorney General determines that any recipient of a grant made using amounts authorized to be appropriated under this chapter has violated subparagraph (A), the Attorney General shall—
(i) require the recipient to repay the grant in full; and
(ii) prohibit the recipient to receive another grant under this chapter for not less than 5 years.
(C) Clarification For purposes of this paragraph, submitting an application for a grant under this chapter shall not be considered lobbying activity in violation of subparagraph (A).
(6) Annual certification Beginning in the 1st fiscal year that begins after the effective date of this section, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives, an annual certification that—
(A) all audits issued by the Inspector General of the Department of Justice under paragraph (2) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(B) all mandatory exclusions required under paragraph (2)(D) have been issued;
(C) all reimbursements required under paragraph (2)(F)(i) have been made; and
(D) includes a list of any grant recipients excluded under paragraph (2) during the then preceding fiscal year.
(c) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this chapter, the Attorney General shall compare potential grant awards with other grants awarded under this chapter to determine if duplicate grant awards are awarded for the same purpose.
(2) Report If the Attorney General awards duplicate grants to the same applicant for the same purpose 1 the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that includes—
(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and
(B) the reason the Attorney General awarded the duplicative grant.
(d) Compliance with auditing standards The Administrator shall comply with the Generally Accepted Government Auditing Standards, published by the General Accountability Office (commonly known as the “Yellow Book”), in the conduct of fiscal, compliance, and programmatic audits of States.
(Pub. L. 93415, title VI, § 602, as added Pub. L. 115385, title IV, § 402(a), Dec. 21, 2018, 132 Stat. 5154.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b)(2) to (5) and (c)(1), was in the original “this Act”, meaning Pub. L. 93415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables. The effective date of this section, referred to in subsec. (b)(6), probably means the date of enactment of Pub. L. 115385, which was approved Dec. 21, 2018.
Statutory Notes and Related Subsidiaries
Effective DateSection not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115385, set out as an Effective Date of 2018 Amendment note under section 11102 of this title.