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Title 34 — Crime Control and Law Enforcement

Part F · Chapter 111 — Juvenile Justice and Delinquency Prevention

§ 11182. Administrative authority

Statutory text

(a)

Authority of Administrator

The Office shall be administered by the Administrator under the general authority of the Attorney General.

(b)

Certain crime control provisions applicable

Sections 10228(c), 10230(a), 10230(b), 10230(c), 10231(a), 10231(b), and 10231(d) of this title, shall apply with respect to the administration of and compliance with this chapter, except that for purposes of this chapter—

(1)

any reference to the Office of Justice Programs in such sections shall be deemed to be a reference to the Assistant Attorney General who heads the Office of Justice Programs; and

(2)

the term “this chapter” as it appears in such sections shall be deemed to be a reference to this chapter.

(c)

Certain other crime control provisions applicable

Sections 10221(a), 10221(c), and 10225 of this title shall apply with respect to the administration of and compliance with this chapter, except that for purposes of this chapter—

(1)

any reference to the Attorney General, the Assistant Attorney General who heads the Office of Justice Programs, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, or the Director of the Bureau of Justice Assistance shall be deemed to be a reference to the Administrator;

(2)

any reference to the Office of Justice Programs, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics shall be deemed to be a reference to the Office of Juvenile Justice and Delinquency Prevention; and

(3)

the term “this chapter” as it appears in such sections shall be deemed to be a reference to this chapter.

(d)

Rules, regulations, and procedures

(1)

The Administrator is authorized to establish such rules, regulations, guidance, and procedures as are necessary for the exercise of the functions of the Office and only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance. In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.

(2)

The Administrator shall ensure that—

(A)

reporting, compliance reporting, State plan requirements, and other similar documentation as may be required from States is requested in a manner that respects confidentiality, encourages efficiency and reduces the duplication of reporting efforts; and

(B)

States meeting all the core requirements are encouraged to experiment with offering innovative, data-driven programs designed to further improve the juvenile justice system.

(e)

Presumption of State compliance

If a State requires by law compliance with the core requirements, then for the period such law is in effect in such State such State shall be rebuttably presumed to satisfy such requirements.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Juvenile Justice and Delinquency Prevention Act of 1974

    Pub. L. 93–415 title II § 299A · [88 Stat. 1109]

    Enacted · 34 U.S.C. § 11182

    Pub. L. 93–415, title II, § 299A, formerly § 262, Sept. 7, 1974, 88 Stat. 1129

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    Pub. L. 93–415, title II, § 299A, formerly § 262, Sept. 7, 1974, 88 Stat. 1129

    Enacted provision · exact public law section
    Sec. 262. nondiscrimination provisions (a) No financial assistance for any program under this 42 USC 5672. Act shall be provided unless the grant, contract, or agreement with respect to such program specifically provides that no recipient of funds will discriminate as provided in subsection (b) with respect to any such program. (b) No person in the United States shall on the ground of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this Act. The provisions of the preceding sentence shall be enforced in accordance with section 603 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect 42 USC 2000d–2. to any action taken to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if such person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act.

  2. Juvenile Justice Amendments of 1977

    Pub. L. 95–115 § 6(c) · 91 Stat. 1048

    Substituted · 34 U.S.C. § 11182

    Pub. L. 95–115 substituted provisions setting forth applicability of specified statutory requirements, for provisions setting forth prohibitions against discrimination and required terms in grants, contracts, and agreements and enforcement procedures thereof

    Source evidence

    Code amendment note
    Pub. L. 95–115 substituted provisions setting forth applicability of specified statutory requirements, for provisions setting forth prohibitions against discrimination and required terms in grants, contracts, and agreements and enforcement procedures thereof.

    Enacted provision · exact public law section
    (c) Section 262 of the Act is amended to read as follows: “Sec. 262. “applicability of other administrative provisions The administrative provisions of title I of the Omnibus 42 USC 3701. Crime Control and Safe Streets Act of 1968, designated as sections 501, 504, 507, 509, 510, 511, 516, 518(c), 521, and 524 (a) and (c) of 42 USC 3751, 3754, 3755, 3757, 3758, 3759, 3764, 3766, 3769, 3771. 42 USC 5601 note. Effective date. such Act, are incorporated herein as administrative provisions applicable to this Act.”.

  3. Juvenile Justice Amendments of 1980

    Pub. L. 96–509 § 16 · 94 Stat. 2750

    Changed · 34 U.S.C. § 11182

    Pub. L. 96–509 brought relevant applicable administrative provisions of the Omnibus Crime Control and Safe Streets Act of 1968 into conformance subsequent to the Justice System Improvement Amendments of 1979 and provided that the Office of Justice Assistance, Research, and Statistics provide staff support to, and coordinate the activities of the Office in the same manner as it does for the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to former section 3781(b) of title 42

    Source evidence

    Code amendment note
    Pub. L. 96–509 brought relevant applicable administrative provisions of the Omnibus Crime Control and Safe Streets Act of 1968 into conformance subsequent to the Justice System Improvement Amendments of 1979 and provided that the Office of Justice Assistance, Research, and Statistics provide staff support to, and coordinate the activities of the Office in the same manner as it does for the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to former section 3781(b) of title 42.

    Enacted provision · exact public law section
    Sec. 16. administrative provisions Section 262 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672) is amended to read as follows: “Sec. 262. “applicability of other administrative provisions (a) The administrative provisions of sections 802(a), 42 USC 3782–3788, 3789a–3789d, 3789f. 3789g. 802(c), 803, 804, 805, 806, 807, 810, 812, 813, 814(a), 815(c), 817(a), 817(b), 817(c), 818(a), 818(b), and 818(d) of the Omnibus Crime Control and Safe Streets Act of 1968 are incorporated in this Act as administrative provisions applicable to this Act. References in the cited sections authorizing action by the Director of the Office of Justice Assistance, Research and Statistics, the Administrator of the Law Enforcement Assistance Administration, the Director of the National Institute of Justice, and the Director of the Bureau of Justice Statistics also shall be construed as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same action. “(b) The Office of Justice Assistance, Research and Statistics shall directly provide staff support to, and coordinate the activities of, the Office of Juvenile Justice and Delinquency Prevention in the same manner as it is authorized to provide staff support and coordinate the activities of the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to section 801(b) of the Omnibus Crime Control and Safe Streets Act of 1968.” 42 USC 3781. .

  4. Pub. L. 98–473 title II § 641 · 98 Stat. 1837

    1. Changed · 34 U.S.C. § 11182(a)

      Pub. L. 98–473, in amending subsec. (a) generally

    2. Substituted · 34 U.S.C. § 11182(a)

      Pub. L. 98–473, in substituted provisions setting forth the administrative authority of the Office for former provisions which incorporated other administrative provisions into this chapter as well as construing certain references as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same actions as other officials

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–473, in amending subsec. (a) generally, substituted provisions setting forth the administrative authority of the Office for former provisions which incorporated other administrative provisions into this chapter as well as construing certain references as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same actions as other officials.

  5. Pub. L. 98–473 title II § 641 · 98 Stat. 1837

    1. Changed · 34 U.S.C. § 11182(b)

      Pub. L. 98–473, in amending subsec. (b) generally

    2. Substituted · 34 U.S.C. § 11182(b)

      Pub. L. 98–473, in substituted provisions relating to the applicability of other provisions to this chapter as well as defining certain references therein for former provisions which directed the Office of Justice Assistance, Research and Statistics to provide staff support and coordinate the activities of the Office of Juvenile Justice and Delinquency Prevention

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–473, in amending subsec. (b) generally, substituted provisions relating to the applicability of other provisions to this chapter as well as defining certain references therein for former provisions which directed the Office of Justice Assistance, Research and Statistics to provide staff support and coordinate the activities of the Office of Juvenile Justice and Delinquency Prevention.

  6. Pub. L. 98–473 title II § 641 · 98 Stat. 1837

    1. Changed · 34 U.S.C. § 11182(c); 34 U.S.C. § 11182(d)

      Pub. L. 98–473, in amending section generally

    2. Added · 34 U.S.C. § 11182(c); 34 U.S.C. § 11182(d)

      Pub. L. 98–473, in added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 98–473, in amending section generally, added subsecs. (c) and (d).

  7. Juvenile Justice and Delinquency Prevention Act of 2002

    Pub. L. 107–273 § 12214(1) · 116 Stat. 1758

    Substituted · 34 U.S.C. § 11182(d)

    Pub. L. 107–273, § 12214(1), substituted “only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance” for “as are consistent with the purpose of this chapter”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–273, § 12214(1), substituted “only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance” for “as are consistent with the purpose of this chapter”.

    Enacted provision · exact public law section
    (1) in subsection (d) by striking “as are consistent with the purpose of this Act” and inserting “only to the extent necessary to ensure that there is compliance with the specific requirements of this title or to respond to requests for clarification and guidance relating to such compliance”, and

  8. Juvenile Justice and Delinquency Prevention Act of 2002

    Pub. L. 107–273 § 12214(2) · 116 Stat. 1758

    Added · 34 U.S.C. § 11182(e)

    Pub. L. 107–273, § 12214(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–273, § 12214(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(e) If a State requires by law compliance with the requirements described in paragraphs (11), (12), and (13) of section 223(a), then for the period such law is in effect in such State such State shall be rebuttably presumed to satisfy such requirements.”.

  9. Juvenile Justice Reform Act of 2018

    Pub. L. 115–385 § 209(1) · 132 Stat. 5123

    1. Amended · 34 U.S.C. § 11182(d)

      Pub. L. 115–385, § 209(1), designated existing provisions as par. (1)

    2. Struck · 34 U.S.C. § 11182(d)

      Pub. L. 115–385, § 209(1), struck out “, after appropriate consultation with representatives of States and units of local government,” after “Administrator is authorized”

    3. Inserted · 34 U.S.C. § 11182(d)

      Pub. L. 115–385, § 209(1), inserted “guidance,” after “regulations,” and “In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.” at end

    4. Added · 34 U.S.C. § 11182(d)

      Pub. L. 115–385, § 209(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–385, § 209(1), designated existing provisions as par. (1), struck out “, after appropriate consultation with representatives of States and units of local government,” after “Administrator is authorized”, inserted “guidance,” after “regulations,” and “In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.” at end, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (d)— (A) by inserting “(1)” before “The Administrator”; (B) by striking “, after appropriate consultation with representatives of States and units of local government,”; (C) by inserting “guidance,” after “regulations,”; and (D) by adding at the end the following: “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 Act and compliance with the core requirements. “(2) The Administrator shall ensure that— “(A) reporting, compliance reporting, State plan requirements, and other similar documentation as may be required from States is requested in a manner that respects confidentiality, encourages efficiency and reduces the duplication of reporting efforts; and “(B) States meeting all the core requirements are encouraged to experiment with offering innovative, data-driven programs designed to further improve the juvenile justice system.” ; and

    Effective date note
    Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

  10. Juvenile Justice Reform Act of 2018

    Pub. L. 115–385 § 209(2) · 132 Stat. 5123

    Substituted · 34 U.S.C. § 11182(e)

    Pub. L. 115–385, § 209(2), substituted “core requirements” for “requirements described in paragraphs (11), (12), and (13) of section 11133(a) of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–385, § 209(2), substituted “core requirements” for “requirements described in paragraphs (11), (12), and (13) of section 11133(a) of this title”.

    Enacted provision · exact public law section
    (2) in subsection (e), by striking “requirements described in paragraphs (11), (12), and (13) of section 223(a)” and inserting “core requirements”.

    Effective date note
    Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

10 of 16 references resolved to an enrolled provision · 6 partial

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b), (c), and (d)(1), was in the original “this Act”, meaning Pub. L. 93–415, , 88 Stat. 1109, known as the Juvenile Justice and Delinquency Prevention Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 5672 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments1977–2018 · 5 rounds

2018

Subsec. (d). Pub. L. 115–385, § 209(1), designated existing provisions as par. (1), struck out “, after appropriate consultation with representatives of States and units of local government,” after “Administrator is authorized”, inserted “guidance,” after “regulations,” and “In developing guidance and procedures, the Administrator shall consult with representatives of States and units of local government, including those individuals responsible for administration of this chapter and compliance with the core requirements.” at end, and added par. (2).

Subsec. (e). Pub. L. 115–385, § 209(2), substituted “core requirements” for “requirements described in paragraphs (11), (12), and (13) of section 11133(a) of this title”.

2002

Subsec. (d). Pub. L. 107–273, § 12214(1), substituted “only to the extent necessary to ensure that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance” for “as are consistent with the purpose of this chapter”.

Subsec. (e). Pub. L. 107–273, § 12214(2), added subsec. (e).

1984

Subsec. (a). Pub. L. 98–473, in amending subsec. (a) generally, substituted provisions setting forth the administrative authority of the Office for former provisions which incorporated other administrative provisions into this chapter as well as construing certain references as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same actions as other officials.

Subsec. (b). Pub. L. 98–473, in amending subsec. (b) generally, substituted provisions relating to the applicability of other provisions to this chapter as well as defining certain references therein for former provisions which directed the Office of Justice Assistance, Research and Statistics to provide staff support and coordinate the activities of the Office of Juvenile Justice and Delinquency Prevention.

Subsecs. (c), (d). Pub. L. 98–473, in amending section generally, added subsecs. (c) and (d).

1980

Pub. L. 96–509 brought relevant applicable administrative provisions of the Omnibus Crime Control and Safe Streets Act of 1968 into conformance subsequent to the Justice System Improvement Amendments of 1979 and provided that the Office of Justice Assistance, Research, and Statistics provide staff support to, and coordinate the activities of the Office in the same manner as it does for the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to former section 3781(b) of title 42.

1977

Pub. L. 95–115 substituted provisions setting forth applicability of specified statutory requirements, for provisions setting forth prohibitions against discrimination and required terms in grants, contracts, and agreements and enforcement procedures thereof.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before , see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after , and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after , see section 12223 of Pub. L. 107–273, set out as a note under section 11101 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–473 effective , see section 670(a) of Pub. L. 98–473, set out as a note under section 11101 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–115 effective , see section 263(c) of Pub. L. 93–415, as added by section 6(d)(2) of Pub. L. 95–115 and repealed by Pub. L. 100–690, title VII, § 7266(2), , 102 Stat. 4449, formerly set out as a note under section 11101 of this title.

Credits

1974–2018 · 8 acts
  1. 1974Pub. L. 93–415, title II, § 299A, formerly § 262, , 88 Stat. 1129
  2. 1977Pub. L. 95–115, § 6(c), , 91 Stat. 1058
  3. 1980Pub. L. 96–509, § 16, , 94 Stat. 2761
  4. 1984Pub. L. 98–473, title II, § 641, , 98 Stat. 2122
  5. 1988renumbered § 292, Pub. L. 100–690, title VII, § 7266(3), , 102 Stat. 4449
  6. 1992renumbered § 299A, Pub. L. 102–586, § 2(i)(1)(B), , 106 Stat. 5006
  7. 2002Pub. L. 107–273, div. C, title II, § 12214, , 116 Stat. 1892
  8. 2018Pub. L. 115–385, title II, § 209, , 132 Stat. 5144.
Show as published

(Pub. L. 93–415, title II, § 299A, formerly § 262, , 88 Stat. 1129; Pub. L. 95–115, § 6(c), , 91 Stat. 1058; Pub. L. 96–509, § 16, , 94 Stat. 2761; Pub. L. 98–473, title II, § 641, , 98 Stat. 2122; renumbered § 292, Pub. L. 100–690, title VII, § 7266(3), , 102 Stat. 4449; renumbered § 299A, Pub. L. 102–586, § 2(i)(1)(B), , 106 Stat. 5006; Pub. L. 107–273, div. C, title II, § 12214, , 116 Stat. 1892; Pub. L. 115–385, title II, § 209, , 132 Stat. 5144.)

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