CHAPTER 111 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Title 34 > CHAPTER 111

Sections (85)

§ 11101 Findings

(a) The Congress finds the following: 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. 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 $1,700,000to$2,300,000 annually. 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. 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. 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. Over the last 3 decades, youth gang problems have increased nationwide. In the 1970’s, 19 States reported youth gang problems. By the late 1990’s, 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. 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. 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. The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders entering the juvenile justice system. 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— quality prevention programs that— 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 are designed to reduce risks and develop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and 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. 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.

§ 11102 Purposes

The purposes of this subchapter and subchapter II are— to support State, tribal, and local programs that prevent juvenile involvement in delinquent behavior; to assist State, tribal, and local governments in promoting public safety by encouraging accountability for acts of juvenile delinquency; to assist State, tribal, and local governments in addressing juvenile crime through the provision of technical assistance, research, training, evaluation, and the dissemination of current and relevant information on effective and evidence-based programs and practices for combating juvenile delinquency; and to support a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence) that are trauma informed, reflect the science of adolescent development, and are designed to meet the needs of at-risk youth and youth who come into contact with the justice system. ( Pub. L. 93–415, title I, § 102 , Sept. 7, 1974 , 88 Stat. 1110 ; Pub. L. 96–509, § 4 , Dec. 8, 1980 , 94 Stat. 2750 ; Pub. L. 98–473, title II, § 612 , Oct. 12, 1984 , 98 Stat. 2108 ; Pub. L. 102–586, § 1(b) , Nov. 4, 1992 , 106 Stat. 4982 ; Pub. L. 107–273, div. C, title II, § 12203 , Nov. 2, 2002 , 116 Stat. 1871 ; Pub. L. 115–385, title I, § 101 , Dec. 21, 2018 , 132 Stat. 5124 .)

§ 11103 Definitions

For purposes of this chapter— the term “community based” facility, program, or service means a small, open group home or other suitable place located near the juvenile’s home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services; the term “Federal juvenile delinquency program” means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter; the term “juvenile delinquency program” means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity designed to reduce known risk factors for juvenile delinquent behavior, provides 1 activities that build on protective factors for, and develop competencies in, juveniles to prevent, and reduce the rate of, delinquent juvenile behavior; the term “Bureau of Justice Assistance” means the bureau established by section 10141 of this title ; the term “Office of Justice Programs” means the office established by section 10101 of this title ; the term “National Institute of Justice” means the institute established by section 10122(a) of this title ; and the term “Bureau of Justice Statistics” means the bureau established by section 10132(a) of this title ; the term “Administrator” means the agency head designated by section 11111(b) of this title ; the term “law enforcement and criminal justice” means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction; the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; the term “unit of local government” means— any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; any law enforcement district or judicial enforcement district that— is established under applicable State law; and has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for— the District of Columbia; or any Trust Territory of the United States; the term “combination” as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile justice and delinquency prevention plan; the term “construction” means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects’ fees but not the cost of acquisition of land for buildings); the term “public agency” means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing; the term “secure detention facility” means any public or private residential facility which— includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and is used for the temporary placement of any juvenile who is accused of having committed an offense or of any other individual accused of having committed a criminal offense; the term “secure correctional facility” means any public or private residential facility which— includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense or any other individual convicted of a criminal offense; the term “serious crime” means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony; the term “treatment” includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use; the term “valid court order” means a court order given by a juvenile court judge to a juvenile— who was brought before the court and made subject to such order; and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States; the term “Council” means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 11116(a)(1) of this title ; for purposes of subchapter II, the term “Indian tribe” means— a federally recognized Indian tribe; or an Alaskan Native organization; that has a law enforcement function, as determined by the Secretary of the Interior in consultation with the Attorney General; the term “comprehensive and coordinated system of services” means a system that— ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety; identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families; increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency; the term “gender-specific services” means services designed to address needs unique to the gender of the individual to whom such services are provided; the term “home-based alternative services” means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention; the term “jail or lockup for adults” means a secure facility that is used by a State, unit of local government, or law enforcement authority to detain or confine adult inmates; the term “nonprofit organization” means an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 ; the term “graduated sanctions” means an accountability-based, graduated series of sanctions (including incentives, treatment, and services) applicable to juveniles within the juvenile justice system to hold such juveniles accountable for their actions and to protect communities from the effects of juvenile delinquency by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent, by inducing their law-abiding behavior, and by preventing their subsequent involvement with the juvenile justice system; the term “sight or sound contact” means any physical, clear visual, or verbal contact that is not brief and inadvertent; the term “adult inmate”— means an individual who— has reached the age of full criminal responsibility under applicable State law; and has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal offense; and does not include an individual who— at the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and was committed to the care and custody or supervision, including post-placement or parole supervision, of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law; the term “violent crime” means— murder or nonnegligent manslaughter, forcible rape, or robbery, or aggravated assault committed with the use of a firearm; the term “collocated facilities” means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds; the term “related complex of buildings” means 2 or more buildings that share— physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal Regulations, as in effect on December 10, 1996 ; the term “core requirements”— means the requirements described in paragraphs (11), (12), (13), and (15) of section 11133(a) of this title ; and does not include the data collection requirements described in subparagraphs (A) through (K) of section 11117(1) of this title ; the term “chemical agent” means a spray or injection used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas; the term “isolation”— means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and does not include— confinement during regularly scheduled sleeping hours; separation based on a treatment program approved by a licensed medical or mental health professional; confinement or separation that is requested by the youth; or the separation of the youth from a group in a nonlocked setting for the limited purpose of calming; the term “restraints” has the meaning given that term in section 290ii of title 42 ; the term “evidence-based” means a program or practice that— is demonstrated to be effective when implemented with fidelity; is based on a clearly articulated and empirically supported theory; has measurable outcomes relevant to juvenile justice, including a detailed description of the outcomes produced in a particular population, whether urban or rural; and has been scientifically tested and proven effective through randomized control studies or comparison group studies and with the ability to replicate and scale; the term “promising” means a program or practice that— is demonstrated to be effective based on positive outcomes relevant to juvenile justice from one or more objective, independent, and scientifically valid evaluations, as documented in writing to the Administrator; and will be evaluated through a well-designed and rigorous study, as described in paragraph (34)(D); the term “dangerous practice” means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, procedure, or program; the term “screening” means a brief process— designed to identify youth who may have mental health, behavioral health, substance abuse, or other needs requiring immediate attention, intervention, and further evaluation; and the purpose of which is to quickly identify a youth with possible mental health, behavioral health, substance abuse, or other needs in need of further assessment; the term “assessment” includes, at a minimum, an interview and review of available records and other pertinent information— by an appropriately trained professional who is licensed or certified by the applicable State in the mental health, behavioral health, or substance abuse fields; and which is designed to identify significant mental health, behavioral health, or substance abuse treatment needs to be addressed during a youth’s confinement; for purposes of section 11133(a)(15) of this title , the term “contact” means the points at which a youth and the juvenile justice system or criminal justice system officially intersect, including interactions with a juvenile justice, juvenile court, or law enforcement official; the term “trauma-informed” means— understanding the impact that exposure to violence and trauma have on a youth’s physical, psychological, and psychosocial development; recognizing when a youth has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma; and responding in ways that resist retraumatization; the term “racial and ethnic disparity” means minority youth populations are involved at a decision point in the juvenile justice system at disproportionately higher rates than non-minority youth at that decision point; the term “status offender” means a juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult; the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget; the term “internal controls” means a process implemented to provide reasonable assurance regarding the achievement of objectives in— effectiveness and efficiency of operations, such as grant management practices; reliability of reporting for internal and external use; and compliance with applicable laws and regulations, as well as recommendations of the Office of Inspector General and the Government Accountability Office; and the term “tribal government” means the governing body of an Indian Tribe. ( Pub. L. 93–415, title I, § 103 , Sept. 7, 1974 , 88 Stat. 1111 ; Pub. L. 95–115, § 2 , Oct. 3, 1977 , 91 Stat. 1048 ; Pub. L. 96–509 , §§ 5, 19(a), Dec. 8, 1980 , 94 Stat. 2751 , 2762; Pub. L. 98–473, title II, § 613 , Oct. 12, 1984 , 98 Stat. 2108 ; Pub. L. 100–690, title VII , §§ 7251(a), 7252(b)(1), Nov. 18, 1988 , 102 Stat. 4435 , 4436; Pub. L. 102–586, § 1(c) , Nov. 4, 1992 , 106 Stat. 4983 ; Pub. L. 105–277, div. A, § 101(b) [title I, § 129(a)(1)] , Oct. 21, 1998 , 112 Stat. 2681–50 , 2681–75; Pub. L. 107–273, div. C, title II, § 12204 , Nov. 2, 2002 , 116 Stat. 1871 ; Pub. L. 115–385, title I, § 102 , Dec. 21, 2018 , 132 Stat. 5124 .)

§ 11111 Establishment

(a) Placement within Department of Justice under general authority of Attorney General There is hereby established an Office of Juvenile Justice and Delinquency Prevention (hereinafter in this division 1 referred to as the “Office”) within the Department of Justice under the general authority of the Attorney General.

(b) Administrator; head, appointment, authorities, etc. The Office shall be headed by an Administrator (hereinafter in this subchapter referred to as the “Administrator”) appointed by the President from among individuals who have had experience in juvenile justice programs. The Administrator is authorized to prescribe regulations consistent with this chapter to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, funds made available under this subchapter. The Administrator shall have the same reporting relationship with the Attorney General as the directors of other offices and bureaus within the Office of Justice Programs have.

(c) Deputy Administrator; appointment, functions, etc. There shall be in the Office a Deputy Administrator who shall be appointed by the Attorney General. The Deputy Administrator shall perform such functions as the Administrator may from time to time assign or delegate and shall act as the Administrator during the absence or disability of the Administrator.

“SEC. 601 SHORT TITLE.

“This subtitle may be cited as the ‘Mentoring Matches for Youth Act of 2006’.

“SEC. 602 FINDINGS.

“Congress finds the following: Big Brothers Big Sisters of America, which was founded in 1904 and chartered by Congress in 1958, is the oldest and largest mentoring organization in the United States. There are over 450 Big Brothers Big Sisters of America local agencies providing mentoring programs for at-risk children in over 5,000 communities throughout every State, Guam, and Puerto Rico. Over the last decade, Big Brothers Big Sisters of America has raised a minimum of 75 percent of its annual operating budget from private sources and is continually working to grow private sources of funding to maintain this ratio of private to Federal funds. In 2005, Big Brothers Big Sisters of America provided mentors for over 235,000 children. Big Brothers Big Sisters of America has a goal to provide mentors for 1,000,000 children per year.

“SEC. 603 GRANT PROGRAM FOR EXPANDING BIG BROTHERS BIG SISTERS MENTORING PROGRAM.

“In each of fiscal years 2007 through 2012, the Administrator of the Office of Juvenile Justice and Delinquency Prevention (hereafter in this Act referred to as the ‘Administrator’) may make grants to Big Brothers Big Sisters of America to use for expanding the capacity of and carrying out the Big Brothers Big Sisters mentoring programs for at-risk youth.

“SEC. 604 BIANNUAL REPORT.

(“(a) In General.— Big Brothers Big Sisters of America shall submit 2 reports to the Administrator in each of fiscal years 2007 through 2013. Big Brothers Big Sisters of America shall submit the first report in a fiscal year not later than April 1 of that fiscal year and the second report in a fiscal year not later than September 30 of that fiscal year.

(“(b) Required Content.— Each such report shall include the following: A detailed statement of the progress made by Big Brothers Big Sisters of America in expanding the capacity of and carrying out mentoring programs for at-risk youth. A detailed statement of how the amounts received under this Act have been used. A detailed assessment of the effectiveness of the mentoring programs. Recommendations for continued grants and the appropriate amounts for such grants.

“SEC. 605 AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to carry out this Act— $9,000,000forfiscalyear2007;$10,000,000 for fiscal year 2008; $11,500,000forfiscalyear2009;$13,000,000 for fiscal year 2010; and $15,000,000 for fiscal year 2011.”

§ 11112 Personnel

(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 .

§ 11113 Voluntary and uncompensated services

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. 93–415, title II, § 203 , Sept. 7, 1974 , 88 Stat. 1113 .)

§ 11114 Concentration of Federal efforts

(a) Implementation of policy by Administrator; consultation with Council and Advisory Committee The Administrator shall develop objectives, priorities, and a long-term plan to improve the juvenile justice system in the United States, taking into account scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents, and shall implement overall policy and a strategy to carry out such plan, for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, treatment, rehabilitation, evaluation, and research. In carrying out the functions of the Administrator, the Administrator shall consult with the Council. The plan described in paragraph (1) shall— contain specific goals and criteria for making grants and contracts, for conducting research, and for carrying out other activities under this subchapter; and provide for coordinating the administration programs and activities under this subchapter with the administration of all other Federal juvenile delinquency programs and activities, including proposals for joint funding to be coordinated by the Administrator. The Administrator shall review the plan described in paragraph (1) annually, revise the plan as the Administrator considers appropriate, and publish the plan in the Federal Register during the 30-day period ending on October 1 of each year.

(b) Duties of Administrator In carrying out the purposes of this chapter, the Administrator shall— advise the President through the Attorney General as to all matters relating to federally assisted juvenile delinquency programs and Federal policies regarding juvenile delinquency; assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives the Administrator establishes; conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities; implement Federal juvenile delinquency programs and activities among Federal departments and agencies and between Federal juvenile delinquency programs and activities and other Federal programs and activities which the Administrator determines may have an important bearing on the success of the entire Federal juvenile delinquency effort; not later than 1 year after December 21, 2018 , in consultation with Indian Tribes, develop a policy for the Office of Juvenile Justice and Delinquency Prevention to collaborate with representatives of Indian Tribes with a criminal justice function on the implementation of the provisions of this chapter relating to Indian Tribes; develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the Administrator intends to carry out under parts D and E in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E; and taking into consideration comments received during the 45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of such fiscal year, describing the particular activities which the Administrator intends to carry out under parts D and E in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E; and provide for the auditing of systems required under section 11133(a)(14) of this title for monitoring compliance.

(c) Information, reports, studies, and surveys from other agencies The Administrator may require, through appropriate authority, Federal departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide the Administrator with such information as may be appropriate to prevent the duplication of efforts, and to coordinate activities, related to the prevention of juvenile delinquency.

(d) Delegation of functions The Administrator shall have the sole authority to delegate any of the functions of the Administrator under this chapter.

(e) Utilization of services and facilities of other agencies; reimbursement The Administrator is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement as may be agreed upon.

(f) Coordination of functions of Administrator and Secretary of Health and Human Services All functions of the Administrator under this subchapter shall be coordinated as appropriate with the functions of the Secretary of Health and Human Services under subchapter III of this chapter.

§ 11115 Joint funding; non-Federal share requirements

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. 93–415, title II, § 205 , Sept. 7, 1974 , 88 Stat. 1116 ; Pub. L. 95–115, § 3(c) , Oct. 3, 1977 , 91 Stat. 1049 ; Pub. L. 96–509, § 19(e) , Dec. 8, 1980 , 94 Stat. 2763 .)

§ 11116 Coordinating Council on Juvenile Justice and Delinquency Prevention

(a) Establishment; membership There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention composed of the Attorney General, the Secretary of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, the Secretary of the Interior, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, the Assistant Secretary for Immigration and Customs Enforcement, such other officers of Federal agencies who hold significant decisionmaking authority as the President may designate, and individuals appointed under paragraph (2). Ten members shall be appointed, without regard to political affiliation, to the Council in accordance with this paragraph from among individuals who are practitioners in the field of juvenile justice and who are not officers or employees of the Federal Government. Three members shall be appointed by the Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives. Three members shall be appointed by the majority leader of the Senate, after consultation with the minority leader of the Senate. Three members shall be appointed by the President. One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee and the Chairman and Ranking Member of the Committee on Natural Resources of the House of Representatives. Of the members appointed under each of clauses (i), (ii), and (iii)— 1 shall be appointed for a term of 1 year; 1 shall be appointed for a term of 2 years; and 1 shall be appointed for a term of 3 years; as designated at the time of appointment. Except as provided in clause (iii), a vacancy arising during the term for which an appointment is made may be filled only for the remainder of such term. After the expiration of the term for which a member is appointed, such member may continue to serve until a successor is appointed.

(b) Chairman and Vice Chairman The Attorney General shall serve as Chairman of the Council. The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman.

(c) Functions The function of the Council shall be to coordinate all Federal juvenile delinquency programs (in cooperation with State and local juvenile justice programs) all Federal programs and activities that detain or care for unaccompanied juveniles, and all Federal programs relating to missing and exploited children. The Council shall examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles and shall make recommendations to the President, and to the Congress, at least annually with respect to the coordination of overall policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities and all Federal programs and activities that detain or care for unaccompanied juveniles. The Council shall review the programs and practices of Federal agencies and report on the degree to which Federal agency funds are used for purposes which are consistent or inconsistent with the mandates of the core requirements. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council. The Council shall review the reasons why Federal agencies take juveniles into custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. In addition to performing their functions as members of the Council, the members appointed under subsection (a)(2) shall collectively, on an annual basis— make recommendations regarding the development of the objectives, priorities, and the long-term plan, and the implementation of overall policy and the strategy to carry out such plan, referred to in section 11114(a)(1) of this title ; and not later than 120 days after the completion of the last meeting of the Council during any fiscal year, 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 that— contains the recommendations described in subparagraph (A); includes a detailed account of the activities conducted by the Council during the fiscal year, including a complete detailed accounting of expenses incurred by the Council to conduct operations in accordance with this section; is published on the websites of the Office of Juvenile Justice and Delinquency Prevention, the Council, and the Department of Justice; and is in addition to the annual report required under section 11117 of this title .

(d) Meetings The Council shall meet at least quarterly.

(e) Appointment of personnel or staff support by Administrator The Administrator shall, with the approval of the Council, appoint such personnel or staff support as the Administrator considers necessary to carry out the purposes of this subchapter.

(f) Expenses of Council members; reimbursement Members appointed under subsection (a)(2) shall serve without compensation. Members of the Council shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Council.

(g) Authorization of appropriations Of sums available to carry out this part, not more than $200,000 shall be available to carry out this section.

§ 11117 Annual report

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: 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— the types of offenses with which the juveniles are charged; the race, gender, and ethnicity, as such term is defined by the Bureau of the Census, of the juveniles; the ages of the juveniles; 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; the number of juveniles who died while in custody and the circumstances under which they died; the educational status of juveniles, including information relating to learning and other disabilities, failing performance, grade retention, and dropping out of school; 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; 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; the number of juveniles released from custody and the type of living arrangement to which they are released; 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 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. A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council. 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. 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. 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. 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 111–211 ; 124 Stat. 2261 ), including direct Federal grants and funding provided to Indian Tribes through a State or unit of local government. 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— in which supporting documentation was not provided for cost reports; where unauthorized expenditures occurred; or where subrecipients of grant funds were not compliant with program requirements. 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— the full name and location of the grantee; the violation of the program found; the amount of funds sought to be recouped by the Office of Juvenile Justice and Delinquency Prevention; and the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention. ( Pub. L. 93–415, title II, § 207 , as added Pub. L. 100–690, title VII, § 7255 , Nov. 18, 1988 , 102 Stat. 4437 ; amended Pub. L. 102–586, § 2(e) , Nov. 4, 1992 , 106 Stat. 4986 ; Pub. L. 107–273, div. C, title II, § 12207 , Nov. 2, 2002 , 116 Stat. 1872 ; Pub. L. 115–385, title II, § 203 , Dec. 21, 2018 , 132 Stat. 5128 .)

§ 11131 Authority to make grants and contracts

(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) 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 1 (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 . 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.

§ 11132 Allocation of funds

(a) Time; basis; amounts Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of people under 18 years of age, based on the most recent data available from the Bureau of the Census. If the aggregate amount appropriated for a fiscal year to carry out this subchapter is less than $75,000,000,then—theamountallocatedtoeachStateotherthanaStatedescribedinclause(ii)forthatfiscalyearshallbenotlessthan$400,000; and the amount allocated to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands for that fiscal year shall be not less than $75,000.Iftheaggregateamountappropriatedforafiscalyeartocarryoutthissubchapterisnotlessthan$75,000,000, then— the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $600,000;andtheamountallocatedtotheUnitedStatesVirginIslands,Guam,AmericanSamoa,andtheCommonwealthoftheNorthernMarianaIslandsforthatfiscalyearshallbenotlessthan$100,000.

(b) Reallocation of unobligated funds If any amount so allocated remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period.

(c) Use of allocated funds for development, etc., of State plans; limitations; matching requirements In accordance with regulations promulgated under this part, a portion of any allocation to any State under this part shall be available to develop a State plan or for other pre-award activities associated with such State plan, and to pay that portion of the expenditures which are necessary for effective and efficient administration of funds, including the designation of not less than one individual who shall coordinate efforts to achieve and sustain compliance with the core requirements and certify whether the State is in compliance with such requirements. Not more than 10 percent of the total annual allocation of such State shall be available for such purposes except that any amount expended or obligated by such State, or by units of local government or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of local government or combinations thereof within the State on an equitable basis.

(d) Minimum annual allocation for assistance of advisory group In accordance with regulations promulgated under this part, not more than 5 percent of the annual allocation to any State under this part shall be available to assist the advisory group established under section 11133(a)(3) of this title .

§ 11133 State plans

(a) Requirements In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes applicable to a 3-year period. Such plan shall be amended annually to include new programs, projects, and activities. The State shall submit annual performance reports to the Administrator which shall describe progress in implementing programs contained in the original plan, and shall describe how the State plan is supported by or takes account of scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents. Not later than 60 days after the date on which a plan or amended plan submitted under this subsection is finalized, a State shall make the plan or amended plan publicly available by posting the plan or amended plan on the State’s publicly available website. In accordance with regulations which the Administrator shall prescribe, such plan shall— designate the State agency as designated by the chief executive officer of the State as the sole agency for supervising the preparation and administration of the plan; contain satisfactory evidence that the State agency designated in accordance with paragraph (1) has or will have authority, by legislation if necessary, to implement such plan in conformity with this part; provide for an advisory group that— shall consist of not less than 15 and not more than 33 members appointed by the chief executive officer of the State— which members have training, experience, or special knowledge concerning adolescent development, the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency; which members include— at least 1 locally elected official representing general purpose local government; representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers; representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, child and adolescent mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities, recreation, and youth services; representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; volunteers who work with delinquent youth or youth at risk of delinquency; representatives of programs that are alternatives to incarceration, including programs providing organized recreation activities; persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; persons, licensed or certified by the applicable State, with expertise and competence in preventing and addressing mental health and substance abuse needs in delinquent youth and youth at risk of delinquency; representatives of victim or witness advocacy groups, including at least one individual with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience disproportionate levels of sexual abuse, exploitation, and trauma before entering the juvenile justice system; and for a State in which one or more Indian Tribes are located, an Indian tribal representative (if such representative is available) or other individual with significant expertise in tribal law enforcement and juvenile justice in Indian tribal communities; a majority of which members (including the chairperson) shall not be full-time employees of the Federal, State, or local government; at least one-fifth of which members shall be under the age of 28 at the time of initial appointment; and at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, who is the parent or guardian of someone who has been or is currently under the jurisdiction of the juvenile justice system; shall participate in the development and review of the State’s juvenile justice plan prior to submission to the supervisory board for final action; shall be afforded the opportunity to review and comment, not later than 45 days after their submission to the advisory group, on all juvenile justice and delinquency prevention grant applications submitted to the State agency designated under paragraph (1); shall, consistent with this subchapter— advise the State agency designated under paragraph (1) and its supervisory board; submit to the chief executive officer and the legislature of the State at least every 2 years a report and necessary recommendations regarding State compliance with the core requirements; and contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and may, consistent with this subchapter— advise on State supervisory board and local criminal justice advisory board composition; and review progress and accomplishments of projects funded under the State plan; provide for the active consultation with and participation of units of local government or combinations thereof in the development of a State plan which adequately takes into account the needs and requests of units of local government, except that nothing in the plan requirements, or any regulations promulgated to carry out such requirements, shall be construed to prohibit or impede the State from making grants to, or entering into contracts with, local private agencies or the advisory group; unless the provisions of this paragraph are waived at the discretion of the Administrator for any State in which the services for delinquent or other youth are organized primarily on a statewide basis, provide that at least 66⅔ per centum of funds received by the State under section 11132 of this title reduced by the percentage (if any) specified by the State under the authority of paragraph (25) and excluding funds made available to the State advisory group under section 11132(d) of this title , shall be expended— through programs of units of local government or combinations thereof, to the extent such programs are consistent with the State plan; through programs of local private agencies, to the extent such programs are consistent with the State plan, except that direct funding of any local private agency by a State shall be permitted only if such agency requests such funding after it has applied for and been denied funding by any unit of local government or combination thereof; and to provide funds for programs of Indian Tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age, 1 provide for an equitable distribution of the assistance received under section 11132 of this title within the State, including in rural areas; provide for an analysis of juvenile delinquency problems in, and the juvenile delinquency control and delinquency prevention needs (including educational needs) of, the State (including any geographical area in which an Indian tribe has jurisdiction), a description of the services to be provided, and a description of performance goals and priorities, including a specific statement of the manner in which programs are expected to meet the identified juvenile crime problems (including the joining of gangs that commit crimes) and juvenile justice and delinquency prevention needs (including educational needs) of the State; and contain— an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including the types of such services available and the need for such services; a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency; a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas; a plan to provide alternatives to detention for status offenders, survivors of commercial sexual exploitation, and others, where appropriate, such as specialized or problem-solving courts or diversion to home-based or community-based services or treatment for those youth in need of mental health, substance abuse, or co-occurring disorder services at the time such juveniles first come into contact with the juvenile justice system; a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs; a plan to engage family members, where appropriate, in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement; a plan to use community-based services to respond to the needs of at-risk youth or youth who have come into contact with the juvenile justice system; a plan to promote evidence-based and trauma-informed programs and practices; and not later than 1 year after December 21, 2018 , a plan which shall be implemented not later than 2 years after December 21, 2018 , to— eliminate the use of restraints of known pregnant juveniles housed in secure juvenile detention and correction facilities, during labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff, or others; and eliminate the use of abdominal restraints, leg and ankle restraints, wrist restraints behind the back, and four-point restraints on known pregnant juveniles, unless— credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff, or others; or reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method; provide for the coordination and maximum utilization of evidence-based and promising juvenile delinquency programs, programs operated by public and private agencies and organizations, and other related programs (such as education, special education, recreation, health, and welfare programs) in the State; provide that not less than 75 percent of the funds available to the State under section 11132 of this title , other than funds made available to the State advisory group under section 11132(d) of this title , whether expended directly by the State, by the unit of local government, or by a combination thereof, or through grants and contracts with public or private nonprofit agencies, shall be used for, with priority in funding given to entities meeting the criteria for evidence-based or promising programs— community-based alternatives (including home-based alternatives) to incarceration and institutionalization including— for status offenders and other youth who need temporary placement: crisis intervention, shelter, and after-care; for youth who need residential placement: a continuum of foster care or group home alternatives that provide access to a comprehensive array of services; and for youth who need specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs; community-based programs and services to work with— status offenders, other youth, and the parents and other family members of such offenders and youth to strengthen families, including parent self-help groups, so that juveniles may remain in their homes; juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the families; and parents with limited English-speaking ability, particularly in areas where there is a large population of families with limited-English speaking ability; comprehensive juvenile justice and delinquency prevention programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services; programs that provide treatment to juvenile offenders who are victims of child abuse or neglect, and to their families, in order to reduce the likelihood that such juvenile offenders will commit subsequent violations of law; educational programs or supportive services for at-risk or delinquent youth or other juveniles— to encourage juveniles to remain in elementary and secondary schools or in alternative learning situations, including for truancy prevention and reduction; to provide services to assist juveniles in making the transition to the world of work and self-sufficiency; and enhance 2 coordination with the local schools that such juveniles would otherwise attend, to ensure that— the instruction that juveniles receive outside school is closely aligned with the instruction provided in school; and information regarding any learning problems identified in such alternative learning situations are communicated to the schools; programs to expand the use of probation officers— particularly for the purpose of permitting nonviolent juvenile offenders (including status offenders) to remain at home with their families as an alternative to incarceration or institutionalization; and to ensure that juveniles follow the terms of their probation; programs— to ensure youth have access to appropriate legal representation; and to expand access to publicly supported, court-appointed legal counsel who are trained to represent juveniles in adjudication proceedings, except that the State may not use more than 2 percent of the funds received under section 11132 of this title for these purposes; counseling, training, and mentoring programs, which may be in support of academic tutoring, vocational and technical training, and drug and violence prevention counseling, that are designed to link at-risk juveniles, juvenile offenders, or juveniles who have a parent or legal guardian who is or was incarcerated in a Federal, State, tribal, or local correctional facility or who is otherwise under the jurisdiction of a Federal, State, tribal, or local criminal justice system, particularly juveniles residing in low-income and high-crime areas and juveniles experiencing educational failure, with responsible individuals (such as law enforcement officials, Department of Defense personnel, individuals working with local businesses, and individuals working with community-based and faith-based organizations and agencies) who are properly screened and trained; programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist community services, law enforcement, and juvenile justice personnel to more effectively recognize and provide for learning disabled and other juveniles with disabilities; projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of youth; programs and projects designed to provide for the treatment of youths’ dependence on or abuse of alcohol or other addictive or nonaddictive drugs; programs for positive youth development that assist delinquent and other at-risk youth in obtaining— a sense of safety and structure; a sense of belonging and membership; a sense of self-worth and social contribution; a sense of independence and control over one’s life; and a sense of closeness in interpersonal relationships; programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to— encourage courts to develop and implement a continuum of pre-adjudication and post-adjudication alternatives that bridge the gap between traditional probation and confinement in a correctional setting (including specialized or problem-solving courts, expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and assist in the provision of information and technical assistance, including technology transfer, in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior; community-based programs and services to work with juveniles, their parents, and other family members during and after incarceration in order to strengthen families and reduce the risk of recidivism; programs (including referral to literacy programs and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and other barriers that may prevent the complete treatment of such juveniles and the preservation of their families; programs designed to prevent and to reduce hate crimes committed by juveniles; after-school programs that provide at-risk juveniles and juveniles in the juvenile justice system with a range of age-appropriate activities, including tutoring, mentoring, and other educational and enrichment activities; community-based programs that provide follow-up post-placement services to adjudicated juveniles, to promote successful reintegration into the community; projects designed to develop and implement programs to protect the rights of juveniles affected by the juvenile justice system; programs designed to provide mental health or co-occurring disorder services for court-involved or incarcerated juveniles in need of such services, including assessment, development of individualized treatment plans, provision of treatment, and development of discharge plans; programs and projects designed— to inform juveniles of the opportunity and process for sealing and expunging juvenile records; and to assist juveniles in pursuing juvenile record sealing and expungements for both adjudications and arrests not followed by adjudications; except that the State may not use more than 2 percent of the funds received under section 11132 of this title for these purposes; programs that address the needs of girls in or at risk of entering the juvenile justice system, including pregnant girls, young mothers, survivors of commercial sexual exploitation or domestic child sex trafficking, girls with disabilities, and girls of color, including girls who are members of an Indian Tribe; and monitoring for compliance with the core requirements and providing training and technical assistance on the core requirements to secure facilities; provide for the development of an adequate research, training, and evaluation capacity within the State; in accordance with rules issued by the Administrator, provide that a juvenile shall not be placed in a secure detention facility or a secure correctional facility, if— the juvenile is charged with or has committed an offense that would not be criminal if committed by an adult, excluding— a juvenile who is charged with or has committed a violation of section 922(x)(2) of title 18 or of a similar State law; a juvenile who is charged with or has committed a violation of a valid court order issued and reviewed in accordance with paragraph (23); and a juvenile who is held in accordance with the Interstate Compact on Juveniles as enacted by the State; or the juvenile— is not charged with any offense; and is an alien; or is alleged to be dependent, neglected, or abused; and require that— not later than 3 years after December 21, 2018 , unless a court finds, after a hearing and in writing, that it is in the interest of justice, juveniles awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility— shall not have sight or sound contact with adult inmates; and except as provided in paragraph (13), may not be held in any jail or lockup for adults; in determining under clause (i) whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have sight or sound contact with adult inmates, a court shall consider— the age of the juvenile; the physical and mental maturity of the juvenile; the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile; the nature and circumstances of the alleged offense; the juvenile’s history of prior delinquent acts; the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and any other relevant factor; and if a court determines under clause (i) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults— the court shall hold a hearing not less frequently than once every 30 days, or in the case of a rural jurisdiction, not less frequently than once every 45 days, to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and the juvenile shall not be held in any jail or lockup for adults, or permitted to have sight or sound contact with adult inmates, for more than 180 days, unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation; provide that— juveniles alleged to be or found to be delinquent or juveniles within the purview of paragraph (11) will not be detained or confined in any institution in which they have sight or sound contact with adult inmates; and there is in effect in the State a policy that requires individuals who work with both such juveniles and such adult inmates, including in collocated facilities, have been trained and certified to work with juveniles; provide that no juvenile will be detained or confined in any jail or lockup for adults except— juveniles who are accused of nonstatus offenses and who are detained in such jail or lockup for a period not to exceed 6 hours— for processing or release; while awaiting transfer to a juvenile facility; or in which period such juveniles make a court appearance; and only if such juveniles do not have sight or sound contact with adult inmates and only if there is in effect in the State a policy that requires individuals who work with both such juveniles and adult inmates in collocated facilities have been trained and certified to work with juveniles; juveniles who are accused of nonstatus offenses, who are awaiting an initial court appearance that will occur within 48 hours after being taken into custody (excluding Saturdays, Sundays, and legal holidays), and who are detained in a jail or lockup— in which— such juveniles do not have sight or sound contact with adult inmates; and there is in effect in the State a policy that requires individuals who work with both such juveniles and adults inmates in collocated facilities have been trained and certified to work with juveniles; and that— is located outside a metropolitan statistical area (as defined by the Office of Management and Budget) and has no existing acceptable alternative placement available; is located where conditions of distance to be traveled or the lack of highway, road, or transportation do not allow for court appearances within 48 hours (excluding Saturdays, Sundays, and legal holidays) so that a brief (not to exceed an additional 48 hours) delay is excusable; or is located where conditions of safety exist (such as severe adverse, life-threatening weather conditions that do not allow for reasonably safe travel), in which case the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonable safe travel; provide for an effective system of monitoring jails, lock-ups, detention facilities, and correctional facilities to ensure that the core requirements are met, and for annual reporting of the results of such monitoring to the Administrator, except that such reporting requirements shall not apply in the case of a State which is in compliance with the other requirements of this paragraph, which is in compliance with the requirements in paragraphs (11) and (12), and which has enacted legislation which conforms to such requirements and which contains sufficient enforcement mechanisms to ensure that such legislation will be administered effectively; implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system, without establishing or requiring numerical standards or quotas, by— establishing or designating existing coordinating bodies, composed of juvenile justice stakeholders, (including representatives of the educational system) at the State, local, or tribal levels, to advise efforts by States, units of local government, and Indian Tribes to reduce racial and ethnic disparities; identifying and analyzing data on race and ethnicity at decision points in State, local, or tribal juvenile justice systems to determine which such points create racial and ethnic disparities among youth who come into contact with the juvenile justice system; and developing and implementing a work plan that includes measurable objectives for policy, practice, or other system changes, based on the needs identified in the data collection and analysis under subparagraph (B); provide assurance that youth in the juvenile justice system are treated equitably on the basis of gender, race, ethnicity, family income, and disability; provide assurance that consideration will be given to and that assistance will be available for approaches designed to strengthen the families of delinquent and other youth to prevent juvenile delinquency (which approaches should include the involvement of grandparents or other extended family members when possible and appropriate and the provision of family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible); provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan; provide assurances that— any assistance provided under this chapter will not cause the displacement (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) of any currently employed employee; activities assisted under this chapter will not impair an existing collective bargaining relationship, contract for services, or collective bargaining agreement; and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization involved; provide for such fiscal control and fund accounting procedures necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter; provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase (but not supplant) the level of the State, local, tribal, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such State, local, tribal, and other non-Federal funds; provide that the State agency designated under paragraph (1) will— to the extent practicable give priority in funding to programs and activities that are based on rigorous, systematic, and objective research that is scientifically based; from time to time, but not less than annually, review its plan and submit to the Administrator an analysis and evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local needs, that it considers necessary; and not expend funds to carry out a program if the recipient of funds who carried out such program during the preceding 2-year period fails to demonstrate, before the expiration of such 2-year period, that such program achieved substantial success in achieving the goals specified in the application submitted by such recipient to the State agency; provide that if a juvenile is taken into custody for violating a valid court order issued for committing a status offense— an appropriate public agency shall be promptly notified that such status offender is held in custody for violating such order; not later than 24 hours during which such status offender is so held, an authorized representative of such agency shall interview, in person, such status offender; not later than 48 hours during which such status offender is so held— such representative shall submit an assessment to the court that issued such order, regarding the immediate needs of such status offender; such court shall conduct a hearing to determine— whether there is reasonable cause to believe that such status offender violated such order; and the appropriate placement of such status offender pending disposition of the violation alleged; and if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such order— the court shall issue a written order that— identifies the valid court order that has been violated; specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order; includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile; specifies the length of time, not to exceed 7 days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender’s release from such facility; and may not be renewed or extended; and the court may not issue a second or subsequent order described in subclause (I) relating to a status offender unless the status offender violates a valid court order after the date on which the court issues an order described in subclause (I); and there are procedures in place to ensure that any status offender held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 7 days or the length of time authorized by the court, whichever is shorter; provide an assurance that if the State receives under section 11132 of this title for any fiscal year an amount that exceeds 105 percent of the amount the State received under such section for fiscal year 2000, all of such excess shall be expended through or for programs that are part of a comprehensive and coordinated community system of services; specify a percentage (if any), not to exceed 5 percent, of funds received by the State under section 11132 of this title (other than funds made available to the State advisory group under section 11132(d) of this title ) that the State will reserve for expenditure by the State to provide incentive grants to units of general local government that reduce the caseload of probation officers within such units; provide that the State, to the maximum extent practicable, and in accordance with confidentiality concerns, will implement a system to ensure that if a juvenile is before a court in the juvenile justice system, public child welfare records (including child protective services records) relating to such juvenile that are on file in the geographical area under the jurisdiction of such court will be made known to such court, so as to provide for— data in child abuse or neglect reports relating to juveniles entering the juvenile justice system with a prior reported history of arrest, court intake, probation and parole, juvenile detention, and corrections; and a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of such victims of child abuse or neglect; provide assurances that juvenile offenders whose placement is funded through section 672 of title 42 receive the protections specified in section 671 of title 42 , including a case plan and case plan review as defined in section 675 of title 42 ; provide for the coordinated use of funds provided under this subchapter with other Federal and State funds directed at juvenile delinquency prevention and intervention programs; describe the policies, procedures, and training in effect for the staff of juvenile State correctional facilities to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques; describe— the evidence-based methods that will be used to conduct mental health and substance abuse screening, assessment, referral, and treatment for juveniles who— request a screening; show signs of needing a screening; or are held for a period of more than 24 hours in a secure facility that provides for an initial screening; and how the State will seek, to the extent practicable, to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment; describe how reentry planning by the State for juveniles will include— a written case plan based on an assessment of needs that includes— the pre-release and post-release plans for the juveniles; the living arrangement to which the juveniles are to be discharged; and any other plans developed for the juveniles based on an individualized assessment; and review processes; provide an assurance that the agency of the State receiving funds under this subchapter collaborates with the State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) to develop and implement a plan to ensure that, in order to support educational progress— the student records of adjudicated juveniles, including electronic records if available, are transferred in a timely manner from the educational program in the juvenile detention or secure treatment facility to the educational or training program into which the juveniles will enroll; the credits of adjudicated juveniles are transferred; and adjudicated juveniles receive full or partial credit toward high school graduation for secondary school coursework satisfactorily completed before and during the period of time during which the juveniles are held in custody, regardless of the local educational agency or entity from which the credits were earned; and describe policies and procedures to— screen for, identify, and document in records of the State the identification of victims of domestic human trafficking, or those at risk of such trafficking, upon intake; and divert youth described in subparagraph (A) to appropriate programs or services, to the extent practicable.

(b) Approval by State agency The State agency designated under subsection (a)(1), after receiving and considering the advice and recommendations of the advisory group referred to in subsection (a), shall approve the State plan and any modification thereof prior to submission to the Administrator.

(c) Compliance with statutory requirements If a State fails to comply with any of the core requirements in any fiscal year, then— subject to subparagraph (B), the amount allocated to such State under section 11132 of this title for the subsequent fiscal year shall be reduced by not less than 20 percent for each core requirement with respect to which the failure occurs; and the State shall be ineligible to receive any allocation under such section for such fiscal year unless— the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any such core requirement with respect to which the State is in noncompliance; or the Administrator determines that the State— has achieved substantial compliance with such applicable requirements with respect to which the State was not in compliance; and has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such applicable requirements within a reasonable time. Of the total amount of funds not allocated for a fiscal year under paragraph (1)— 50 percent of the unallocated funds shall be reallocated under section 11132 of this title to States that have not failed to comply with the core requirements; and 50 percent of the unallocated funds shall be used by the Administrator to provide additional training and technical assistance to States for the purpose of promoting compliance with the core requirements.

(d) Nonsubmission or nonqualification of plan; expenditure of allotted funds; availability of reallocated funds In the event that any State chooses not to submit a plan, fails to submit a plan, or submits a plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with sections 10222 and 10223 of this title and 3785 of title 42 3 , determines does not meet the requirements of this section, the Administrator shall endeavor to make that State’s allocation under the provisions of section 11132(a) of this title , excluding funds the Administrator shall make available to satisfy the requirement specified in section 11132(d) of this title , available to local public and private nonprofit agencies within such State for use in carrying out activities of the kinds described in the core requirements. The Administrator shall make funds which remain available after disbursements are made by the Administrator under the preceding sentence, and any other unobligated funds, available on an equitable basis and to those States that have achieved full compliance with the core requirements.

(e) Administrative and supervisory board membership requirements Notwithstanding any other provision of law, the Administrator shall establish appropriate administrative and supervisory board membership requirements for a State agency designated under subsection (a)(1) and permit the State advisory group appointed under subsection (a)(3) to operate as the supervisory board for such agency, at the discretion of the chief executive officer of the State.

(f) Technical assistance The Administrator shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) to assist such organization to carry out the functions specified in paragraph (2). To be eligible to receive such assistance, such organization shall agree to carry out activities that include— disseminating information, data, standards, advanced techniques, and program models; reviewing Federal policies regarding juvenile justice and delinquency prevention; advising the Administrator with respect to particular functions or aspects of the work of the Office; and advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.

(g) Compliance determination For each fiscal year, the Administrator shall make a determination regarding whether each State receiving a grant under this subchapter is in compliance or out of compliance with respect to each of the core requirements. The Administrator shall— issue an annual public report— describing any determination described in paragraph (1) made during the previous year, including a summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and make the report described in subparagraph (A) available on a publicly available website. The Administrator may not— determine that a State is “not out of compliance”, or issue any other determination not described in paragraph (1), with respect to any core requirement; or otherwise fail to make the compliance determinations required under paragraph (1).

§§ 11141 to 11146 Repealed. Pub. L. 115–385, title II, § 206, Dec. 21, 2018, 132 Stat. 5140

§ 11161 Research and evaluation; statistical analyses; information dissemination

(a) Research and evaluation The Administrator shall— annually publish a plan to identify the purposes and goals of all agreements carried out with funds provided under this subsection; and conduct research or evaluation in juvenile justice matters, for the purpose of providing research and evaluation relating to— the prevention, reduction, and control of juvenile delinquency and serious crime committed by juveniles; the link between juvenile delinquency and the incarceration of members of the families of juveniles; successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the juvenile justice and criminal justice systems; successful efforts to prevent recidivism; the juvenile justice system; juvenile violence; 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; reducing the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups; training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices; methods to improve the recruitment, selection, training, and retention of professional personnel who are focused on the prevention, identification, and treatment of delinquency; methods to improve the identification and response to victims of domestic child sex trafficking within the juvenile justice system; 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; evaluating the impact and outcomes of the prosecution and sentencing of juveniles as adults; 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; 1 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; determining— 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 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— the relationship between victims and perpetrators; demographic characteristics of victims and perpetrators; and the type of weapons used in incidents, as classified in the Uniform Crime Reports of the Federal Bureau of Investigation; and other purposes consistent with the purposes of this subchapter and subchapter I. 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. 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). 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— the number of juveniles in each category; the extent to which State juvenile justice systems and child welfare systems are coordinating services and treatment for such juveniles; the Federal and local sources of funds used for placements and post-placement services; barriers faced by State 2 and Indian Tribes in providing services to these juveniles; the types of post-placement services used; the frequency of case plans and case plan reviews; the extent to which case plans identify and address permanency and placement barriers and treatment plans; a description of the best practices in discharge planning; and 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— plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection; and 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— 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; 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 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— establish a uniform method of data collection and technology that States may use to evaluate data on juvenile recidivism on an annual basis; establish a common national juvenile recidivism measurement system; and make cumulative juvenile recidivism data that is collected from States available to the public.

§ 11162 Training and technical assistance

(a) Training The Administrator— 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 ; 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 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— 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; 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; 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 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— share best practices that may include sharing standards of practice developed by recognized entities in the profession, for attorneys representing children; and 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— 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 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— 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 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— juvenile justice intake personnel; probation officers; juvenile court judges and court services personnel; prosecutors and court-appointed counsel; and 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— improve the lives of children currently involved in or at risk of being involved in the juvenile court system; and 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.

§ 11171 Grants and projects

(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.

§ 11172 Grants for technical assistance

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. 93–415, title II, § 262 , as added Pub. L. 107–273, div. C, title II, § 12212 , Nov. 2, 2002 , 116 Stat. 1891 .)

§ 11173 Eligibility

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. 93–415, title II, § 263 , as added Pub. L. 107–273, div. C, title II, § 12212 , Nov. 2, 2002 , 116 Stat. 1891 .)

§ 11174 Reports

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. 93–415, title II, § 264 , as added Pub. L. 107–273, div. C, title II, § 12212 , Nov. 2, 2002 , 116 Stat. 1891 .)

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

§ 11182 Administrative authority

(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— 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 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— 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; 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 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 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. The Administrator shall ensure that— 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 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.

§ 11183 Withholding

Whenever the Administrator, after giving reasonable notice and opportunity for hearing to a recipient of financial assistance under this subchapter, finds that— 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 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 .)

§ 11184 Use of funds

(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— planning, developing, or operating the program designed to carry out this subchapter; and 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— 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; such provider is licensed as described in paragraph (1) by the State in which such placement or care is provided; and 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— 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 otherwise complies with the Interstate Compact on the Placement of Children as entered into by such other State.

§ 11185 Payments

(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 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. 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.

§ 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 .)

§ 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 .)

§ 11188 Rules of construction

Nothing in this subchapter or subchapter I shall be construed— to prevent financial assistance from being awarded through grants under this subchapter to any otherwise eligible organization; or 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 .)

§ 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 .)

§ 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 .)

§ 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 .)

§ 11201 Findings

The Congress finds that— 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; 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; services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of— safety and structure; belonging and membership; self-worth and social contribution; independence and control over one’s life; and closeness in interpersonal relationships. 1 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; 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 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. 93–415, title III, § 302 , Sept. 7, 1974 , 88 Stat. 1129 ; Pub. L. 102–586, § 3(a) , Nov. 4, 1992 , 106 Stat. 5017 ; Pub. L. 106–71, § 3(a) , Oct. 12, 1999 , 113 Stat. 1035 ; Pub. L. 108–96, title I, § 101 , Oct. 10, 2003 , 117 Stat. 1167 ; Pub. L. 110–378, § 2 , Oct. 8, 2008 , 122 Stat. 4068 .)

§ 11202 Promulgation of rules

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. 93–415, title III, § 303 , Sept. 7, 1974 , 88 Stat. 1130 ; Pub. L. 98–473, title II, § 650 , Oct. 12, 1984 , 98 Stat. 2122 .)

§ 11211 Authority to make grants

(a) Grants for centers and services The Secretary shall make grants to public and nonprofit private entities (and combinations of such entities) to establish and operate (including renovation) local centers to provide services for runaway and homeless youth and for the families of such youth. Services provided under paragraph (1)— shall be provided as an alternative to involving runaway and homeless youth in the law enforcement, child welfare, mental health, and juvenile justice systems; shall include— safe and appropriate shelter provided for not to exceed 21 days; and individual, family, and group counseling, as appropriate; and may include— street-based services; home-based services for families with youth at risk of separation from the family; drug abuse education and prevention services; and at the request of runaway and homeless youth, testing for sexually transmitted diseases.

(b) Allotment of funds for grants; priority given to certain private entities Subject to paragraph (2) and in accordance with regulations promulgated under this subchapter, funds for grants under subsection (a) shall be allotted annually with respect to the States on the basis of their relative population of individuals who are less than 18 years of age. Except as provided in subparagraph (B), the amount allotted under paragraph (1) with respect to each State for a fiscal year shall be not less than $200,000,exceptthattheamountallottedtotheVirginIslandsoftheUnitedStates,Guam,AmericanSamoa,andtheCommonwealthoftheNorthernMarianaIslandsshallbenotlessthan$70,000 each. For fiscal years 2009 and 2010, the amount allotted under paragraph (1) with respect to a State for a fiscal year shall be not less than the amount allotted under paragraph (1) with respect to such State for fiscal year 2008. Whenever the Secretary determines that any part of the amount allotted under paragraph (1) to a State for a fiscal year will not be obligated before the end of the fiscal year, the Secretary shall reallot such part to the remaining States for obligation for the fiscal year. In selecting among applicants for grants under subsection (a), the Secretary shall give priority to private entities that have experience in providing the services described in such subsection.

§ 11212 Eligibility; plan requirements

(a) Runaway and homeless youth center; project providing temporary shelter; counseling services To be eligible for assistance under section 11211(a) of this title , an applicant shall propose to establish, strengthen, or fund an existing or proposed runaway and homeless youth center, a locally controlled project (including a host family home) that provides temporary shelter, and counseling services to youth who have left home without permission of their parents or guardians or to other homeless youth.

(b) Provisions of plan In order to qualify for assistance under section 11211(a) of this title , an applicant shall submit a plan to the Secretary including assurances that the applicant— shall operate a runaway and homeless youth center located in an area which is demonstrably frequented by or easily reachable by runaway and homeless youth; shall use such assistance to establish, to strengthen, or to fund a runaway and homeless youth center, or a locally controlled facility providing temporary shelter, that has— a maximum capacity of not more than 20 youth, except where the applicant assures that the State where the center or locally controlled facility is located has a State or local law or regulation that requires a higher maximum to comply with licensure requirements for child and youth serving facilities; and a ratio of staff to youth that is sufficient to ensure adequate supervision and treatment; shall develop adequate plans for contacting the parents or other relatives of the youth and ensuring the safe return of the youth according to the best interests of the youth, for contacting local government officials pursuant to informal arrangements established with such officials by the runaway and homeless youth center and for providing for other appropriate alternative living arrangements; shall develop an adequate plan for ensuring— proper relations with law enforcement personnel, health and mental health care personnel, social service personnel, school system personnel, and welfare personnel; coordination 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 the return of runaway and homeless youth from correctional institutions; shall develop an adequate plan for providing counseling and aftercare services to such youth, for encouraging the involvement of their parents or legal guardians in counseling, and for ensuring, as possible, that aftercare services will be provided to those youth who are returned beyond the State in which the runaway and homeless youth center is located; shall develop an adequate plan for establishing or coordinating with outreach programs designed to attract persons (including, where applicable, persons who are members of a cultural minority and persons with limited ability to speak English) who are eligible to receive services for which a grant under subsection (a) may be expended; shall keep adequate statistical records profiling the youth and family members whom it serves (including youth who are not referred to out-of-home shelter services), except that records maintained on individual runaway and homeless youth shall not be disclosed without the consent of the individual youth and parent or legal guardian to anyone other than another agency compiling statistical records or a government agency involved in the disposition of criminal charges against an individual runaway and homeless youth, and reports or other documents based on such statistical rec­ords shall not disclose the identity of individual runaway and homeless youth; shall submit annual reports to the Secretary detailing how the center has been able to meet the goals of its plans and reporting the statistical summaries required by paragraph (7); shall demonstrate its ability to operate under accounting procedures and fiscal control devices as required by the Secretary; shall submit a budget estimate with respect to the plan submitted by such center under this subsection; shall supply such other information as the Secretary reasonably deems necessary; shall submit to the Secretary an annual report that includes, with respect to the year for which the report is submitted— information regarding the activities carried out 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 runaway and homeless youth, and youth at risk of family separation, who participate in the project; and the services provided to such youth by the project; and shall develop an adequate emergency preparedness and management plan.

(c) Applicants providing street-based services To be eligible to use assistance under section 11211(a)(2)(C)(i) of this title to provide street-based services, the applicant shall include in the plan required by subsection (b) assurances that in providing such services the applicant will— provide qualified supervision of staff, including on-street supervision by appropriately trained staff; provide backup personnel for on-street staff; provide initial and periodic training of staff who provide such services; and conduct outreach activities for runaway and homeless youth, and street youth.

(d) Applicants providing home-based services To be eligible to use assistance under section 11211(a) of this title to provide home-based services described in section 11211(a)(2)(C)(ii) of this title , an applicant shall include in the plan required by subsection (b) assurances that in providing such services the applicant will— provide counseling and information to youth and the families (including unrelated individuals in the family households) of such youth, including services relating to basic life skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, parenting skills, financial planning, and referral to sources of other needed services; provide directly, or through an arrangement made by the applicant, 24-hour service to respond to family crises (including immediate access to temporary shelter for runaway and homeless youth, and youth at risk of separation from the family); establish, in partnership with the families of runaway and homeless youth, and youth at risk of separation from the family, objectives and measures of success to be achieved as a result of receiving home-based services; provide initial and periodic training of staff who provide home-based services; and ensure that— caseloads will remain sufficiently low to allow for intensive (5 to 20 hours per week) involvement with each family receiving such services; and staff providing such services will receive qualified supervision.

(e) Applicants providing drug abuse education and prevention services To be eligible to use assistance under section 11211(a)(2)(C)(iii) of this title to provide drug abuse education and prevention services, an applicant shall include in the plan required by subsection (b)— a description of— the types of such services that the applicant proposes to provide; the objectives of such services; and the types of information and training to be provided to individuals providing such services to runaway and homeless youth; and an assurance that in providing such services the applicant shall conduct outreach activities for runaway and homeless youth.

§ 11213 Approval of applications

(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— the geographical distribution in such State of the proposed services under this part for which all grant applicants request approval; and 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— eligible applicants who have demonstrated experience in providing services to runaway and homeless youth; and eligible applicants that request grants of less than $200,000.

§ 11214 Grants to private entities; staffing

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. 93–415, title III, § 314 , Sept. 7, 1974 , 88 Stat. 1131 ; Pub. L. 98–473, title II, § 654 , Oct. 12, 1984 , 98 Stat. 2123 ; renumbered § 317 and amended Pub. L. 100–690, title VII , §§ 7271(c)(4), 7275(a), Nov. 18, 1988 , 102 Stat. 4453 , 4457; renumbered § 314 and amended Pub. L. 102–586, § 3(e) , (g)(2)(D), Nov. 4, 1992 , 106 Stat. 5022 , 5025.)

§ 11221 Authority for program

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. 93–415, title III, § 321 , as added Pub. L. 100–690, title VII, § 7273(f) , Nov. 18, 1988 , 102 Stat. 4455 ; amended Pub. L. 106–71, § 3(e) , Oct. 12, 1999 , 113 Stat. 1038 .)

§ 11222 Eligibility

(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— 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, 1 (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; 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 youth’s 18th birthday; to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home; that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff); to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services; to provide a written transitional living plan to each youth based on an assessment of such youth’s needs, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement; 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; to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project; 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; to implement such accounting procedures and fiscal control devices as the Secretary may require; 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; 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; 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; to provide to the Secretary such other information as the Secretary may reasonably require; 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 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— 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 the term “exceptional circumstances” means circumstances in which a youth would benefit to an unusual extent from additional time in the program.

§ 11231 Authority to make grants

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. 93–415, title III, § 331 , as added Pub. L. 102–586, § 3(g)(1)(C) , Nov. 4, 1992 , 106 Stat. 5022 ; amended Pub. L. 106–71, § 3(r)(1) , Oct. 12, 1999 , 113 Stat. 1043 .)

§ 11241 Coordination

With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary— 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; 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 shall consult, as appropriate, the Secretary of Housing and Urban Development to ensure coordination of programs and services for homeless youth. ( Pub. L. 93–415, title III, § 341 , as added Pub. L. 102–586, § 3(g)(1)(C) , Nov. 4, 1992 , 106 Stat. 5023 ; amended Pub. L. 106–71, § 3(g) , Oct. 12, 1999 , 113 Stat. 1038 ; Pub. L. 108–96, title I, § 112 , Oct. 10, 2003 , 117 Stat. 1169 .)

§ 11242 Grants for technical assistance and training

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. 93–415, title III, § 342 , as added Pub. L. 102–586, § 3(g)(1)(C) , Nov. 4, 1992 , 106 Stat. 5023 .)

§ 11243 Authority to make grants for research, evaluation, demonstration, and service projects

(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— youth who repeatedly leave and remain away from their homes; transportation of runaway youth and homeless youth in connection with services authorized to be provided under this subchapter; the special needs of runaway youth and homeless youth programs in rural areas; the special needs of programs that place runaway youth and homeless youth in host family homes; staff training in— the behavioral and emotional effects of sexual abuse and assault, severe forms of trafficking in persons (as defined in section 7102(9) 1 of title 22), and sex trafficking (as defined in section 7102(10) 1 of title 22); 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 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); innovative methods of developing resources that enhance the establishment or operation of runaway and homeless youth centers; training for runaway youth and homeless youth, and staff training, related to preventing and obtaining treatment for infection by the human immunodeficiency virus (HIV); increasing access to quality health care (including behavioral health care) for runaway youth and homeless youth; 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 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— give priority to applicants who have experience working with runaway or homeless youth; and ensure that the applicants selected— represent diverse geographic regions of the United States; and carry out projects that serve diverse populations of runaway or homeless youth.

§ 11244 Demonstration projects to provide services to youth in rural areas

(a) 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. Each grant made under paragraph (1) may not exceed $100,000. 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. Not more than 2 grants may be made under paragraph (1) in each fiscal year to carry out projects in a particular State. 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— submit to the Secretary an application in such form and containing such information and assurances as the Secretary may require by rule; and propose to carry out such project in a geographical area that— has a population under 20,000; is located outside a Standard Metropolitan Statistical Area; and agree to provide to the Secretary an annual report identifying— the number of runaway and homeless youth who receive services under the project carried out by the applicant; 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; the reasons the services identified under clause (ii) were not provided by the project; and such other information as the Secretary may require.

§ 11245 Periodic estimate of incidence and prevalence of youth homelessness

(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— 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 that includes with such estimate an assessment of the characteristics of such individuals.

(b) Content The report required by subsection (a) shall include— 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— socioeconomic characteristics of such individuals; and barriers to such individuals obtaining— safe, quality, and affordable housing; comprehensive and affordable health insurance and health services; and incomes, public benefits, supportive services, and connections to caring adults; and 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.

§ 11261 Authority to make grants

(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) 1 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.

§ 11271 Assistance to potential grantees

The Secretary shall provide informational assistance to potential grantees interested in establishing runaway and homeless youth centers and transitional living youth projects. ( Pub. L. 93–415, title III, § 380 , formerly § 315, as added Pub. L. 98–473, title II, § 655(2) , Oct. 12, 1984 , 98 Stat. 2124 ; renumbered § 341 and amended Pub. L. 100–690, title VII, § 7273(a) , (e)(2), Nov. 18, 1988 , 102 Stat. 4454 , 4455; renumbered § 371, Pub. L. 102–586, § 3(g)(1)(B)(ii) , Nov. 4, 1992 , 106 Stat. 5022 ; renumbered § 380 and amended Pub. L. 106–71, § 3(j) , (q), Oct. 12, 1999 , 113 Stat. 1038 , 1042.)

§ 11272 Lease of surplus Federal facilities for use as runaway and homeless youth centers or as transitional living youth shelter facilities

(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— 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; 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 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 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. 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.

§ 11273 Reports

(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— in the case of centers funded under part A, the ability or effectiveness of such centers in— alleviating the problems of runaway and homeless youth; if applicable or appropriate, reuniting such youth with their families and encouraging the resolution of intrafamily problems through counseling and other services; strengthening family relationships and encouraging stable living conditions for such youth; and assisting such youth to decide upon a future course of action; and in the case of projects funded under part B— the number and characteristics of homeless youth served by such projects; the types of activities carried out by such projects; the effectiveness of such projects in alleviating the problems of homeless youth; the effectiveness of such projects in preparing homeless youth for self-sufficiency; the effectiveness of such projects in assisting homeless youth to decide upon future education, employment, and independent living; the ability of such projects to encourage the resolution of intrafamily problems through counseling and development of self-sufficient living skills; and 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— the evaluations performed by the Secretary under section 11277 of this title ; and descriptions of the qualifications of, and training provided to, individuals involved in carrying out such evaluations.

§ 11274 Federal and non-Federal share; methods of payment

(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 facility’s 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.

§ 11275 Restrictions on disclosure and transfer

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. 93–415, title III, § 384 , formerly § 321, Sept. 7, 1974 , 88 Stat. 1132 ; Pub. L. 95–115, § 7(b) , Oct. 3, 1977 , 91 Stat. 1058 ; renumbered § 363, Pub. L. 100–690, title VII, § 7273(e)(2) , Nov. 18, 1988 , 102 Stat. 4455 ; renumbered § 383, Pub. L. 102–586, § 3(g)(1)(A)(ii) , Nov. 4, 1992 , 106 Stat. 5022 ; renumbered § 384, Pub. L. 106–71, § 3(q) , Oct. 12, 1999 , 113 Stat. 1042 .)

§ 11276 Consolidated review of applications

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— announcing, in a single announcement, the availability of funds for grants under 2 or more of such parts; and reviewing applications for grants under 2 or more of such parts in a single, consolidated application review process. ( Pub. L. 93–415, title III, § 385 , as added Pub. L. 106–71, § 3 ( o ), Oct. 12, 1999 , 113 Stat. 1041 .)

§ 11277 Evaluation and information

(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— determining whether such grants are being used for the purposes for which such grants are made by the Secretary; collecting additional information for the report required by section 11275 of this title ; and 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 Secretary’s efforts to carry out evaluations, and to collect information, under this subchapter.

§ 11278 Performance standards

(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.

§ 11279 Definitions

In this subchapter: The term “drug abuse education and prevention services”— means services to runaway and homeless youth to prevent or reduce the illicit use of drugs by such youth; and may include— individual, family, group, and peer counseling; drop-in services; assistance to runaway and homeless youth in rural areas (including the development of community support groups); 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 activities to improve the availability of local drug abuse prevention services to runaway and homeless youth. The term “home-based services”— means services provided to youth and their families for the purpose of— preventing such youth from running away, or otherwise becoming separated, from their families; and assisting runaway youth to return to their families; and includes services that are provided in the residences of families (to the extent practicable), including— intensive individual and family counseling; and training relating to life skills and parenting. The term “homeless”, used with respect to a youth, means an individual— who is— 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 1 facilities; and for the purposes of part B, not less than 16 years of age and either— less than 22 years of age; or 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; for whom it is not possible to live in a safe environment with a relative; and who has no other safe alternative living arrangement. 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. The term “street-based services”— 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 may include— identification of and outreach to runaway and homeless youth, and street youth; crisis intervention and counseling; information and referral for housing; information and referral for transitional living and health care services; advocacy, education, and prevention services related to— alcohol and drug abuse; sexual exploitation; sexually transmitted diseases, including human immunodeficiency virus (HIV); and physical and sexual assault. The term “street youth” means an individual who— is— a runaway youth; or indefinitely or intermittently a homeless youth; and 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. 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. The term “youth at risk of separation from the family” means an individual— who is less than 18 years of age; and who has a history of running away from the family of such individual; whose parent, guardian, or custodian is not willing to provide for the basic needs of such individual; or 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. 93–415, title III, § 387 , as added Pub. L. 106–71, § 3(p) , Oct. 12, 1999 , 113 Stat. 1041 ; amended Pub. L. 108–96, title I, § 116 , Oct. 10, 2003 , 117 Stat. 1170 ; Pub. L. 110–378, § 10 , Oct. 8, 2008 , 122 Stat. 4072 .)

§ 11280 Authorization of appropriations

(a) In general There are authorized to be appropriated to carry out this subchapter (other than part E) $127,421,000foreachoffiscalyears2019through2020.Fromtheamountappropriatedunderparagraph(1)forafiscalyear,theSecretaryshallreservenotlessthan90percenttocarryoutpartsAandB.Oftheamountreservedundersubparagraph(A),45percentand,inthosefiscalyearsinwhichcontinuationgrantobligationsandthequalityandnumberofapplicantsforpartsAandBwarrantnotmorethan55percent,shallbereservedtocarryoutpartB.Ineachfiscalyear,afterreservingtheamountsrequiredbyparagraph(2),theSecretaryshallusetheremainingamount(ifany)tocarryoutpartsCandD(otherthansection11245ofthistitle).Oftheamountauthorizedtobeappropriatedunderparagraph(1),suchsumsasmaybenecessaryshallbemadeavailabletocarryoutsection11245ofthistitleforeachoffiscalyears2019through2020.ThereareauthorizedtobeappropriatedtocarryoutpartE$25,000,000 for each of fiscal years 2019 through 2020.

(b) Separate identification required No funds appropriated to carry out this subchapter may be combined with funds appropriated under any other Act if the purpose of combining such funds is to make a single discretionary grant, or a single discretionary payment, unless such funds are separately identified in all grants and contracts and are used for the purposes specified in this subchapter.

§ 11281 Restriction on use of funds

(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.

§ 11291 Findings

The Congress finds that— 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; many missing children are at great risk of both physical harm and sexual exploitation; many missing children are runaways; 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; children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods; sex offenders pose a threat to children; and 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 children’s organizations, including the National Center for Missing and Exploited Children that— serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public; 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 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. 93–415, title IV, § 402 , as added Pub. L. 98–473, title II, § 660 , Oct. 12, 1984 , 98 Stat. 2125 ; amended Pub. L. 106–71, § 2(a) , Oct. 12, 1999 , 113 Stat. 1032 ; Pub. L. 108–96, title II, § 201 , Oct. 10, 2003 , 117 Stat. 1171 ; Pub. L. 110–240, § 2 , June 3, 2008 , 122 Stat. 1560 ; Pub. L. 113–38, § 2(a) , Sept. 30, 2013 , 127 Stat. 527 ; Pub. L. 115–267, § 2(a) , Oct. 11, 2018 , 132 Stat. 3756 ; Pub. L. 115–393, title II, § 202(a) , Dec. 21, 2018 , 132 Stat. 5267 .)

§ 11292 Definitions

For the purpose of this subchapter— the term “missing child” means any individual less than 18 years of age whose whereabouts are unknown to such individual’s parent; the term “Administrator” means the Administrator of the Office of Juvenile Justice and Delinquency Prevention; the term “Center” means the National Center for Missing and Exploited Children; the term “parent” includes a legal guardian or other individual who may lawfully exercise parental rights with respect to the child; and the term “child sexual abuse material” has the meaning given the term “child pornography” in section 2256 of title 18 ; 1 ( Pub. L. 93–415, title IV, § 403 , as added Pub. L. 98–473, title II, § 660 , Oct. 12, 1984 , 98 Stat. 2126 ; amended Pub. L. 106–71, § 2(b) , Oct. 12, 1999 , 113 Stat. 1034 ; Pub. L. 109–248, title I, § 154(b) , July 27, 2006 , 120 Stat. 611 ; Pub. L. 109–295, title VI, § 689b(c) , Oct. 4, 2006 , 120 Stat. 1450 ; Pub. L. 115–267, § 2(b) , Oct. 11, 2018 , 132 Stat. 3757 ; Pub. L. 115–393, title II, § 202(b) , Dec. 21, 2018 , 132 Stat. 5268 ; Pub. L. 118–65, § 2(a) , June 17, 2024 , 138 Stat. 1439 .)

§ 11293 Duties and functions of the Administrator

(a) Description of activities The Administrator shall— issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter; make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); provide for the furnishing of information derived from the national toll-free hotline, established under subsection (b)(1), to appropriate entities; coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation; provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate— containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction; describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year; describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free hotline established under subsection (b)(1)(A), the number and types of communications referred to the national communications system established under section 11231 of this title , and the number and types of reports to the CyberTipline established under subsection (b)(1)(K)(i); describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2); describing all the programs for which assistance was provided under section 11294 of this title in the preceding fiscal year; summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this subchapter; and identifying each clearinghouse with respect to which assistance is provided under section 11294(a)(9) of this title in the preceding fiscal year; describing the activities carried out by such clearinghouse in such fiscal year; specifying the types and amounts of assistance (other than assistance under section 11294(a)(9) of this title ) received by such clearinghouse in such fiscal year; and specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases. 1

(b) Annual grant to National Center for Missing and Exploited Children The Administrator shall annually make a grant to the Center, which shall be used to— operate a national 24-hour toll-free call center to which individuals may— report child sexual exploitation and the location of any missing child; and request information pertaining to procedures necessary to reunite such child with such child’s parent; manage the AMBER Alert Secondary Distribution Program; and coordinate the operation of such hotline with the operation of the national communications system referred to in part C of subchapter III; operate the official national resource center and information clearinghouse for missing and exploited children; provide to State and local governments, public and private nonprofit agencies, State and local educational agencies, and individuals, information regarding— free or low-cost legal, food, lodging, and transportation services that are available for the benefit of missing and exploited children and their families; the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; and innovative and model programs, services, and legislation that benefit missing and exploited children; coordinate public and private programs that locate, recover, or reunite missing children with their parents; provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public— in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking; provide assistance to parents, law enforcement agencies, State and local governments, nongovernmental agencies, child-serving professionals, and other individuals involved in the location and recovery of missing and abducted children nationally and, in cooperation with the Department of State, internationally; provide technical assistance and case-related resources, including— referrals to— child-serving professionals involved in helping to recover missing and exploited children; and law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and searching public records databases and publicly accessible open source data to— locate and identify potential abductors and offenders involved in attempted or actual abductions; and identify, locate, and recover abducted children; provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child-serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist on long-term missing child cases in the identification of unidentified deceased children; provide education, technical assistance, and information to— nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and law enforcement agencies with respect to identifying and locating noncompliant sex offenders; facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their parents during periods of national disasters; work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children— by operating a CyberTipline to— provide to individuals and electronic service providers an effective means of reporting internet-related and other instances of child sexual exploitation in the areas of— possession, manufacture, and distribution of child sexual abuse material; online enticement of children for sexual acts; child sex trafficking; extraterritorial child sexual abuse and exploitation; child sexual molestation; unsolicited obscene material sent to a child; misleading domain names; and misleading words or digital images on the internet; and make reports received through the CyberTipline available to the appropriate law enforcement agency for its review and potential investigation; and by operating a child victim identification program to assist law enforcement agencies in identifying victims of child sexual abuse material and other sexual crimes and to support the recovery of children from sexually exploitative situations, including by providing information on legal remedies available to such victims; provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on— recovery support, including counseling recommendations and community support; family and peer support; requesting the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by assisting with requests to providers (as defined in section 2258E of title 18 ) to remove visual depictions of victims that— constitute or are associated with child sexual abuse material; or do not constitute child sexual abuse material but are sexually suggestive; develop and disseminate programs and educational information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on— the prevention of missing children and child sexual exploitation; and internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to— cyberbullying; child sex trafficking; youth-produced child sexual abuse material or sexting; sextortion; and online enticement; provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children and preventing child sexual exploitation; coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State or Tribal child welfare system and assist the efforts of law enforcement agencies and State and Tribal child welfare agencies in— coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State or Tribal child welfare system; and responding to foster children missing from a State or Tribal child welfare system; and provide technical assistance and recovery support services to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. Notwithstanding any other provision of law, no Federal funds may be used to pay the compensation of an individual employed by the Center if such compensation, as determined at the beginning of each grant year, exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government’s Senior Executive Service (SES) for that year. The Center may compensate an employee at a higher rate provided the amount in excess of this limitation is paid with non-Federal funds. For the purpose of this paragraph, the term “compensation”— includes salary, bonuses, periodic payments, severance pay, the value of a compensatory or paid leave benefit not excluded by clause (ii), and the fair market value of any employee perquisite or benefit not excluded by clause (ii); and excludes any Center expenditure for health, medical, or life insurance, or disability or retirement pay, including pensions benefits.

(c) National incidence studies The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall— triennially conduct national incidence studies to determine for a given year the actual number of children reported missing each year, the number of children who are victims of abduction by strangers, the number of children who are the victims of parental kidnappings, and the number of children who are recovered each year; provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates, in compliance with the Family Educational Rights and Privacy Act of 1974 ( 20 U.S.C. 1232g ) 2 to identify and locate missing children 3 publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.

(d) Independent status of other Federal agencies Nothing contained in this subchapter shall be construed to grant to the Administrator any law enforcement responsibility or supervisory authority over any other Federal agency.

§ 11294 Grants

(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— 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; to provide information to assist in the locating and return of missing children; 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; to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of— the abduction of a child, both during the period of disappearance and after the child is recovered; and the sexual exploitation of a missing child; to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children’s cases; 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; to address the needs of missing children and their families following the recovery of such children; 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 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— have demonstrated or demonstrate ability in— locating missing children or locating and reuniting missing children with their parents; providing other services to missing children or their families; or conducting research relating to missing children; and 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.

§ 11295 Criteria for grants

(a) Establishment of priorities and criteria; publication in Federal Register In carrying out the programs authorized by this subchapter, the Administrator shall establish— annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 11294 of this title ; and 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\ast \ast Nograntorcontractexceeding$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. 1

§ 11295a Reporting

(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— the number of children nationwide who are reported to the grantee as missing; the number of children nationwide who are reported to the grantee as victims of non-family abductions; the number of children nationwide who are reported to the grantee as victims of family abductions; the number of missing children recovered nationwide whose recovery was reported to the grantee; the number of children nationwide who are reported to the grantee as missing from State-sponsored care; 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 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— track the incidence of attempted child abductions in order to identify links and patterns; provide such information to law enforcement agencies; and 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.

§ 11296 Oversight and accountability

All grants awarded by the Department of Justice that are authorized under this subchapter shall be subject to the following: 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. 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). 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— deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. 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. 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. 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 . Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations under section 53.4958–6 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. 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. 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. 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. Amounts authorized to be appropriated under this subchapter may not be utilized by any grant recipient to— lobby any representative of the Department of Justice regarding the award of any grant funding; or lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. If the Attorney General determines that any recipient of a grant under this subchapter has violated subparagraph (A), the Attorney General shall— require the grant recipient to repay the grant in full; and prohibit the grant recipient from receiving another grant under this subchapter for not less than 5 years. 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. 93–415, title IV, § 408 , formerly § 407, as added Pub. L. 113–38, § 4 , Sept. 30, 2013 , 127 Stat. 529 ; renumbered § 408, Pub. L. 115–267, § 2(e)(1) , Oct. 11, 2018 , 132 Stat. 3760 , and Pub. L. 115–393, title II, § 202(e)(1) , Dec. 21, 2018 , 132 Stat. 5271 ; amended Pub. L. 115–267, § 3(b) , Oct. 11, 2018 , 132 Stat. 3760 .)

§ 11297 Authorization of appropriations

(a) In general To carry out the provisions of this subchapter, there are authorized to be appropriated $49,300,000foreachoffiscalyears2024through2028,upto$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.

§ 11298 Authority of Inspectors General

(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— by conducting reviews of inactive case files to develop recommendations for further investigations; and by engaging in similar activities.

(b) Limitations 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. No additional funds are authorized to be appropriated to carry out this section.

§ 11311 Definitions

In this subchapter— the term “at-risk” has the meaning given that term in section 6472 of title 20 ; the term “eligible entity” means— a unit of local government that is in compliance with the requirements of part B of subchapter II; or a nonprofit organization in partnership with a unit of local government described in subparagraph (A); the term “delinquency prevention program” means a delinquency prevention program that is evidence-based or promising and that may include— alcohol and substance abuse prevention or treatment services; tutoring and remedial education, especially in reading and mathematics; child and adolescent health and mental health services; recreation services; leadership and youth development activities; the teaching that individuals are and should be held accountable for their actions; assistance in the development of job training skills; youth mentoring programs; after-school programs; coordination of a continuum of services that may include— early childhood development services; voluntary home visiting programs; nurse-family partnership programs; parenting skills training; child abuse prevention programs; family stabilization programs; child welfare services; family violence intervention programs; adoption assistance programs; emergency, transitional and permanent housing assistance; job placement and retention training; summer jobs programs; alternative school resources for youth who have dropped out of school or demonstrate chronic truancy; conflict resolution skill training; restorative justice programs; mentoring programs; targeted gang prevention, intervention and exit services; training and education programs for pregnant teens and teen parents; and pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community; and other data-driven evidence-based or promising prevention programs; 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 entity’s plan described in section 11313(e)(5) of this title , and that includes— not fewer than 15 and not more than 21 members; and 1 a balanced representation of— public agencies and private nonprofit organizations serving juveniles and their families; and business and industry; at least one representative of the faith community, one adjudicated youth, and one parent of an adjudicated youth; and in the case of an eligible entity described in paragraph (1)(B), a representative of the nonprofit organization of the eligible entity; 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; 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 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. 93–415, title V, § 502 , as added Pub. L. 107–273, div. C, title II, § 12222(a) , Nov. 2, 2002 , 116 Stat. 1894 ; amended Pub. L. 115–385, title III, § 302 , Dec. 21, 2018 , 132 Stat. 5145 .)

§ 11312 Duties and functions of the Administrator

The Administrator shall— 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); provide adequate staff and resources necessary to properly carry out this subchapter; and 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— describing activities and accomplishments of grant activities funded under this subchapter; describing procedures followed to disseminate grant activity products and research findings; describing activities conducted to develop policy and to coordinate Federal agency and interagency efforts related to delinquency prevention; and identifying successful approaches and making recommendations for future activities to be conducted under this subchapter. ( Pub. L. 93–415, title V, § 503 , as added Pub. L. 107–273, div. C, title II, § 12222(a) , Nov. 2, 2002 , 116 Stat. 1894 ; amended Pub. L. 115–385, title III, § 303 , Dec. 21, 2018 , 132 Stat. 5147 .)

§ 11313 Grants for local delinquency prevention programs

(a) Purpose The purpose of this section is to enable local communities to address the unmet needs of at-risk or delinquent youth, including through a continuum of delinquency prevention programs for juveniles who have had contact with the juvenile justice system or who are likely to have contact with the juvenile justice system.

(b) Program authorized The Administrator shall— for each fiscal year for which less than $25,000,000isappropriatedundersection506,1awardgrantstonotfewerthan3Stateentities,butnotmorethan5Stateentities,thatapplyundersubsection(c)andmeettherequirementsofsubsection(d);orforeachfiscalyearforwhich$25,000,000 or more is appropriated under section 506, 1 award grants to not fewer than 5 State entities that apply under subsection (c) and meet the requirements of subsection (d).

(c) State application To be eligible to receive a grant under this section, a State entity shall submit an application to the Administrator that includes the following: An assurance the State entity will use— not more than 10 percent of such grant, in the aggregate— for the costs incurred by the State entity to carry out this section, except that not more than 3 percent of such grant may be used for such costs; and to provide technical assistance to eligible entities receiving a subgrant under subsection (e) in carrying out delinquency prevention programs under the subgrant; and the remainder of such grant to award subgrants to eligible entities under subsection (e). An assurance that such grant will supplement, and not supplant, State and local efforts to prevent juvenile delinquency. An assurance the State entity will evaluate the capacity of eligible entities receiving a subgrant under subsection (e) to fulfill the requirements under such subsection. An assurance that such application was prepared after consultation with, and participation by, the State advisory group, units of local government, community-based organizations, and organizations that carry out programs, projects, or activities to prevent juvenile delinquency in the local juvenile justice system served by the State entity.

(d) Approval of State applications In awarding grants under this section for a fiscal year, the Administrator may not award a grant to a State entity for a fiscal year unless— the State that will be served by the State entity submitted a plan under section 11133 of this title for such fiscal year; and such plan is approved by the Administrator for such fiscal year; or after finding good cause for a waiver, the Administrator waives the plan required under subparagraph (A) for such State for such fiscal year.

(e) Subgrant program Each State entity receiving a grant under this section shall award subgrants to eligible entities in accordance with this subsection. In awarding subgrants under this subsection, the State shall give priority to eligible entities that demonstrate ability in— plans for service and agency coordination and collaboration including the collocation of services; innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; developing data-driven prevention plans, employing evidence-based prevention strategies, and conducting program evaluations to determine impact and effectiveness; identifying under the plan submitted under paragraph (5) potential savings and efficiencies associated with successful implementation of such plan; and describing how such savings and efficiencies may be used to carry out delinquency prevention programs and be reinvested in the continuing implementation of such programs after the end of the subgrant period. A subgrant awarded to an eligible entity by a State entity under this section shall be for a period of not more than 5 years, of which the eligible entity— may use not more than 18 months for completing the plan submitted by the eligible entity under paragraph (5); and shall use the remainder of the subgrant period, after planning 2 period described in subclause (I), for the implementation of such plan. In awarding subgrants under this subsection, a State entity shall ensure, to the extent practicable and applicable, that such subgrants are distributed throughout different areas, including urban, suburban, and rural areas. An eligible entity that desires a subgrant under this subsection shall submit an application to the State entity in the State of the eligible entity, at such time and in such manner as determined by the State entity, and that includes— a description of— the local policy board and local partners the eligible entity will engage in the development of the plan described in paragraph (5); the unmet needs of at-risk or delinquent youth in the community; available resources in the community to meet the unmet needs identified in the needs assessment described in paragraph (5)(A); 3 potential costs to the community if the unmet needs are not addressed; a specific time period for the planning and subsequent implementation of its continuum of local delinquency prevention programs; the steps the eligible entity will take to implement the plan under subparagraph (A); and a plan to continue the grant activity with non-Federal funds, if proven successful according to the performance evaluation process under paragraph (5)(D), after the grant period. An eligible entity desiring a subgrant under this subsection shall agree to provide a 50 percent match of the amount of the subgrant that may include the value of in-kind contributions. Not later than the end of the second year of a subgrant period for a subgrant awarded to an eligible entity under this subsection and before awarding the remaining amount of the subgrant to the eligible entity, the State entity shall— ensure that the eligible entity has completed the plan submitted under paragraph (2) and that the plan meets the requirements of such paragraph; and verify that the eligible entity will begin the implementation of its plan upon receiving the next installment of its subgrant award. If the State entity finds through the review conducted under subparagraph (A) that the eligible entity has not met the requirements of clause (i) of such subparagraph, the State entity shall reallocate the amount remaining on the subgrant of the eligible entity to other eligible entities receiving a subgrant under this subsection or award the amount to an eligible entity during the next subgrant competition under this subsection. An eligible entity that receives a subgrant under this subsection shall use the funds to implement a plan to carry out delinquency prevention programs in the community served by the eligible entity in a coordinated manner with other delinquency prevention programs or entities serving such community, which includes— an analysis of the unmet needs of at-risk or delinquent youth in the community— which shall include— the available resources in the community to meet the unmet needs; and factors present in the community that may contribute to delinquency, such as homelessness, food insecurity, teen pregnancy, youth unemployment, family instability, lack of educational opportunity; and may include an estimate— for the most recent year for which reliable data is available, the amount expended by the community and other entities for delinquency adjudication for juveniles and the incarceration of adult offenders for offenses committed in such community; and of potential savings and efficiencies that may be achieved through the implementation of the plan; a minimum 3-year comprehensive strategy to address the unmet needs and an estimate of the amount or percentage of non-Federal funds that are available to carry out the strategy; a description of how delinquency prevention programs under the plan will be coordinated; a description of the performance evaluation process of the delinquency prevention programs to be implemented under the plan, which shall include performance measures to assess efforts to address the unmet needs of youth in the community analyzed under subparagraph (A); the evidence or promising evaluation on which such delinquency prevention programs are based; and if such delinquency prevention programs are proven successful according to the performance evaluation process under subparagraph (D), a strategy to continue such programs after the subgrant period with non-Federal funds, including a description of how any estimated savings or efficiencies created by the implementation of the plan may be used to continue such programs.

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘National Police Athletic/Activities League Youth Enrichment Act of 2000’.

“SEC. 2 FINDINGS.

“Congress makes the following findings: The goals of the Police Athletic/Activities League are to— increase the academic success of youth participants in PAL programs; promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built; develop life enhancing character and leadership skills in young people; increase school attendance by providing alternatives to suspensions and expulsions; reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours; provide youths with alternatives to drugs, alcohol, tobacco, and gang activity; create positive communications and interaction between youth and law enforcement personnel; and prepare youth for the workplace. The Police Athletic/Activities League, during its 90-year history as a national organization, has proven to be a positive force in the communities it serves. The Police Athletic/Activities League is a network of 1,700 facilities serving over 3,000 communities. There are 350 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 2,000,000 youth, ages 5 to 18, nationwide. Based on PAL chapter demographics, approximately 85 percent of the youths who benefit from PAL programs live in inner cities and urban areas. PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters rarely receive direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement. Today’s youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 18 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m. Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 2005 than ever before. Many distressed areas in the United States are still underserved by PAL chapters.

“SEC. 3 PURPOSE.

“The purpose of this Act is to provide adequate resources in the form of— assistance for the 342 established PAL chapters to increase of services to the communities they are serving; seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2010; and support of an annual gathering of PAL chapters and designated youth leaders from such chapters to participate in a 3-day conference that addresses national and local issues impacting the youth of America and includes educational sessions to advance character and leadership skills.

“SEC. 4 DEFINITIONS.

“In this Act: The term ‘Assistant Attorney General’ means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. The term ‘distressed area’ means an urban, suburban, or rural area with a high percentage of high-risk youth, as defined in section 509A of the Public Health Service Act ( 42 U.S.C. 290aa–8(f) ) [transferred to 42 U.S.C. 290bb–23(g) and repealed by Pub. L. 114–255, div. B, title IX, § 9017 , Dec. 13, 2016 , 130 Stat. 1248 ]. The term ‘PAL chapter’ means a chapter of a Police or Sheriff’s Athletic/Activities League. The term ‘Police Athletic/Activities League’ means the private, nonprofit, national representative organization for 320 Police or Sheriff’s Athletic/Activities Leagues throughout the United States (including the Virgin Islands and the Commonwealth of Puerto Rico). The terms ‘public housing’ and ‘project’ have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ).

“SEC. 5 GRANTS AUTHORIZED.

(“(a) In General.— Subject to appropriations, for each of fiscal years 2006 through 2010, the Assistant Attorney General shall award a grant to the Police Athletic/Activities League for the purpose of establishing PAL chapters to serve public housing projects and other distressed areas, and expanding existing PAL chapters to serve additional youths.

(“(b) Application.— In order to be eligible to receive a grant under this section, the Police Athletic/Activities League shall submit to the Assistant Attorney General an application, which shall include— a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; a plan to ensure that there are a total of not fewer than 500 PAL chapters in operation before January 1, 2010 ; a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. The Assistant Attorney General shall review and take action on an application submitted under paragraph (1) not later than 120 days after the date of such submission.

“SEC. 6 USE OF FUNDS.

(“(a) In General.— Amounts made available under a grant awarded under this Act shall be used by the Police Athletic/Activities League to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Each new or expanded PAL chapter assisted under paragraph (1) shall carry out not less than two programs during nonschool hours, of which— not less than one program shall provide— mentoring assistance; academic assistance; recreational and athletic activities; technology training; or character development and leadership training; and any remaining programs shall provide— drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs; conflict resolution training, anger management, and peer pressure training; job skill preparation activities; or Youth Police Athletic/Activities League Conferences or Youth Forums.

(“(b) Additional Requirements.— In carrying out the programs under subsection (a), a PAL chapter shall, to the maximum extent practicable— use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; ensure that youth in the local community participate in designing the after-school activities; develop creative methods of conducting outreach to youth in the community; request donations of computer equipment and other materials and equipment; and work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served.

“SEC. 7 REPORTS.

(“(a) Report to Assistant Attorney General.— For each fiscal year for which a grant is awarded under this Act, the Police Athletic/Activities League shall submit to the Assistant Attorney General a report on the use of amounts made available under the grant.

(“(b) Report to Congress.— Not later than May 1 of each fiscal year for which amounts are made available to carry out this Act, the Assistant Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report that details the progress made under this Act in establishing and expanding PAL chapters in public housing projects and other distressed areas, and the effectiveness of the PAL programs in reducing drug abuse, school dropouts, and juvenile crime.

“SEC. 8 AUTHORIZATION OF APPROPRIATIONS.

(“(a) In General.— There are authorized to be appropriated to carry out this Act $16,000,000 for each of fiscal years 2006 through 2010.

(“(b) Funding for Program Administration.— Of the amount made available to carry out this Act in each fiscal year— not less than 2 percent shall be used for research and evaluation of the grant program under this Act; not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent.”

§ 11314 Grants for tribal delinquency prevention and response programs

(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)— to support and enhance— tribal juvenile delinquency prevention services; and the ability of Indian Tribes to respond to, and care for, at-risk or delinquent youth upon release; and 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— juvenile delinquency rates; school dropout rates; and 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.

§ 11321 Authorization of appropriations

There are authorized to be appropriated to carry out this chapter, except for subchapters III and IV, $176,000,000foreachoffiscalyears2019through2023,ofwhichnotmorethan$96,053,401 shall be used to carry out subchapter V for each such fiscal year. ( Pub. L. 93–415, title VI, § 601 , as added Pub. L. 115–385, title IV, § 402(a) , Dec. 21, 2018 , 132 Stat. 5154 .)

§ 11322 Accountability and oversight

(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— 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 States, which are entrusted with a fiscal stewardship role if they accept funds under subchapter II 1 must exercise vigilant oversight to ensure full compliance with the core requirements for juveniles provided for in subchapter II.

(b) Accountability 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— 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— supporting documentation was not provided for cost reports; unauthorized expenditures occurred; and subrecipients of grant funds were not in compliance with program requirements; 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 submit a report in accordance with clause (iv). 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— greater oversight is needed of programs developed with grants made by the agency; 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 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. 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— whether grantees timely file Financial Status Reports; whether grantees have sufficient internal controls to ensure adequate oversight of grant funds received; whether grantees’ assertions of compliance with the core requirements were accompanied with adequate supporting documentation; whether expenditures were authorized; whether subrecipients of grant funds were complying with program requirements; and whether grant funds were spent in accordance with the program goals and guidelines. The Director shall— 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 shall 2 make such report available to the public online, not later than 1 year after December 21, 2018 . 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. Not later than 180 days after December 21, 2018 , the Administrator shall submit to Congress a report containing— the findings of the analysis and evaluation conducted under clause (i); 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 a description of— the analysis conducted under clause (i); whether the funds awarded under subchapters II and V have been used in accordance with law, regulations, program guidance, and applicable plans; and 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. 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. 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. 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. 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. 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. 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. 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— 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 seek to recoup the costs of the repayment to the general fund under clause (i) from the grantee that was erroneously awarded grant funds. In this paragraph, the term “unresolved audit finding” means a finding in the final audit report of the Inspector General— that the audited State or Indian Tribe has used grant funds for an unauthorized expenditure or otherwise unallowable cost; and that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. 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. 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 . 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— 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 Administrator shall make the information disclosed under clause (i) available for public inspection. 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. 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. 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. Amounts authorized to be appropriated under this chapter may not be utilized by any recipient of a grant made using such amounts— to lobby any representative of the Department of Justice regarding the award of grant funding; or to lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. 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— require the recipient to repay the grant in full; and prohibit the recipient to receive another grant under this chapter for not less than 5 years. 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). 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— 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; all mandatory exclusions required under paragraph (2)(D) have been issued; all reimbursements required under paragraph (2)(F)(i) have been made; and includes a list of any grant recipients excluded under paragraph (2) during the then preceding fiscal year.

(c) Preventing duplicative grants 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. 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 list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and 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.