Title 34 — Crime Control and Law Enforcement
Part F · Chapter 111 — Juvenile Justice and Delinquency Prevention
§ 11184. Use of funds
Statutory text
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.
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.
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.
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.
Juvenile Justice and Delinquency Prevention Act of 1974
Pub. L. 93–415 title II § 299C · [88 Stat. 1109]
Enacted · 34 U.S.C. § 11184
Pub. L. 93–415, title II, § 299C, formerly § 294, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449
Source evidence
Code source credit
Pub. L. 93–415, title II, § 299C, formerly § 294, as added Pub. L. 100–690, title VII, § 7266(4), Nov. 18, 1988, 102 Stat. 4449Juvenile Justice and Delinquency Prevention Act of 2002
Pub. L. 107–273 div. C title II § 12215 · 116 Stat. 1758
Amended · 34 U.S.C. § 11184(c)
Pub. L. 107–273 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–273 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:“(1) Funds paid pursuant to section 5633(a)(10)(D) of this title and section 5665(a)(3) of this title to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved. “(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under section 5633(a)(10)(D) of this title or section 5665(a)(3) of this title are used either directly or indirectly in any manner prohibited in this paragraph.”
Enacted provision · exact public law section
SEC. 12215. USE OF FUNDS. Section 299C(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows: “(c) No funds may be paid under this title to a residential program (excluding a program in a private residence) unless— “(1) there is in effect in the State in which such placement or care is provided, a requirement that the provider of such placement or such care may be licensed only after satisfying, at a minimum, explicit standards of discipline that prohibit neglect, and physical and mental abuse, as defined by State law; “(2) such provider is licensed as described in paragraph (1) by the State in which such placement or care is provided; and “(3) in a case involving a provider located in a State that is different from the State where the order for placement originates, the chief administrative officer of the public agency or the officer of the court placing the juvenile certifies that such provider— “(A) satisfies the originating State’s explicit licensing standards of discipline that prohibit neglect, physical and mental abuse, and standards for education and health care as defined by that State’s law; and “(B) otherwise complies with the Interstate Compact on the Placement of Children as entered into by such other State.”.Effective date note
Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, set out as a note under section 11101 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 5674 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments
2002—Subsec. (c). Pub. L. 107–273 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(1) Funds paid pursuant to section 5633(a)(10)(D) of this title and section 5665(a)(3) of this title to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved.
“(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under section 5633(a)(10)(D) of this title or section 5665(a)(3) of this title are used either directly or indirectly in any manner prohibited in this paragraph.”
Statutory Notes and Related Subsidiaries
Effective Date of 2002 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
Section effective , see section 7296(a) of Pub. L. 100–690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
Credits
1988–2002 · 3 acts
- 1988Pub. L. 93–415, title II, § 299C, formerly § 294, as added Pub. L. 100–690, title VII, § 7266(4), , 102 Stat. 4449
- 1992renumbered § 299C, Pub. L. 102–586, § 2(i)(1)(B), , 106 Stat. 5006
- 2002Pub. L. 107–273, div. C, title II, § 12215, , 116 Stat. 1892.
Show as published
(Pub. L. 93–415, title II, § 299C, formerly § 294, as added Pub. L. 100–690, title VII, § 7266(4), , 102 Stat. 4449; renumbered § 299C, Pub. L. 102–586, § 2(i)(1)(B), , 106 Stat. 5006; Pub. L. 107–273, div. C, title II, § 12215, , 116 Stat. 1892.)