1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 111
  5. subchapter II
  6. part F
  7. § 11188

Collapse to view only § 11188. Rules of construction

§ 11181. Repealed. Pub. L. 115–385, title IV, § 402(c)(1), Dec. 21, 2018, 132 Stat. 5160

CITE AS: 34 USC 11181

§ 11182. Administrative authority
(a) Authority of Administrator
(b) Certain crime control provisions applicableSections 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 applicableSections 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
(Pub. L. 93–415, title II, § 299A, formerly § 262, Sept. 7, 1974, 88 Stat. 1129; Pub. L. 95–115, § 6(c), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96–509, § 16, Dec. 8, 1980, 94 Stat. 2761; Pub. L. 98–473, title II, § 641, Oct. 12, 1984, 98 Stat. 2122; renumbered § 292, Pub. L. 100–690, title VII, § 7266(3), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299A, Pub. L. 102–586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; Pub. L. 107–273, div. C, title II, § 12214, Nov. 2, 2002, 116 Stat. 1892; Pub. L. 115–385, title II, § 209, Dec. 21, 2018, 132 Stat. 5144.)

CITE AS: 34 USC 11182

§ 11183. Withholding
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. 93–415, title II, § 299B, formerly § 293, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299B, Pub. L. 102–586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006.)

CITE AS: 34 USC 11183

§ 11184. Use of funds
(a) In generalFunds 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
(c) Funds paid to residential programsNo 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 State’s explicit licensing standards of discipline that prohibit neglect, physical and mental abuse, and standards for education and health care as defined by that State’s law; and
(B) otherwise complies with the Interstate Compact on the Placement of Children as entered into by such other State.
(Pub. L. 93–415, title II, § 299C, formerly § 294, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449; renumbered § 299C, Pub. L. 102–586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; Pub. L. 107–273, div. C, title II, § 12215, Nov. 2, 2002, 116 Stat. 1892.)

CITE AS: 34 USC 11184

§ 11185. Payments
(a) In general
(b) Percentage of approved costs
(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. 93–415, title II, § 299D, formerly § 295, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4450; renumbered § 299D, Pub. L. 102–586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006; amended Pub. L. 107–273, div. C, title II, § 12221(a)(3), Nov. 2, 2002, 116 Stat. 1894.)

CITE AS: 34 USC 11185

§ 11186. Confidentiality of program records

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. 93–415, title II, § 299E, formerly § 296, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4450; renumbered § 299E, Pub. L. 102–586, § 2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006.)

CITE AS: 34 USC 11186

§ 11187. Limitations on use of funds

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. 93–415, title II, § 299F, as added Pub. L. 107–273, div. C, title II, § 12216, Nov. 2, 2002, 116 Stat. 1893.)

CITE AS: 34 USC 11187

§ 11188. Rules of construction
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. 93–415, title II, § 299G, as added Pub. L. 107–273, div. C, title II, § 12217, Nov. 2, 2002, 116 Stat. 1893.)

CITE AS: 34 USC 11188

§ 11189. Leasing surplus Federal property

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. 93–415, title II, § 299H, as added Pub. L. 107–273, div. C, title II, § 12218, Nov. 2, 2002, 116 Stat. 1893.)

CITE AS: 34 USC 11189

§ 11190. Issuance of rules

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. 93–415, title II, § 299I, as added Pub. L. 107–273, div. C, title II, § 12219, Nov. 2, 2002, 116 Stat. 1893.)

CITE AS: 34 USC 11190

§ 11191. Content of materials

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. 93–415, title II, § 299J, as added Pub. L. 107–273, div. C, title II, § 12220, Nov. 2, 2002, 116 Stat. 1893.)

CITE AS: 34 USC 11191