34 U.S.C. § 11294 — Grants

Page 291 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11294 ‘‘(A) effective models of local, State, and Federal coordination and cooperation in locating missing children; ‘‘(B) effective programs designed to promote com- munity awareness of the problem of missing children; ‘‘(C) effective programs to prevent the abduction and sexual exploitation of children (including parent, child, and community education); and ‘‘(D) effective program models which provide treat- ment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction or sexual exploitation; and’’. Subsec. (a)(6). Pub. L. 100–690, § 7285(a)(4), struck out par. (6), which read as follows: ‘‘prepare, in conjunction with and with the final approval of the Advisory Board on Missing Children, an annual comprehensive plan for facilitating cooperation and coordination among all agencies and organizations with responsibilities related to missing children.’’ Subsec. (b)(1). Pub. L. 100–690, § 7285(b)(1), designated existing provisions as subpar. (A), inserted ‘‘24-hour’’ after ‘‘national’’ and ‘‘and’’ at end, and added subpar. (B). Subsec. (b)(2)(A). Pub. L. 100–690, § 7285(b)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘to provide technical as- sistance to local and State governments, public and private nonprofit agencies, and individuals in locating and recovering missing children;’’. Subsec. (b)(2)(D). Pub. L. 100–690, § 7285(b)(2)(B), in- serted ‘‘and training’’ after ‘‘assistance’’ and ‘‘and in locating and recovering missing children’’ before semi- colon. Subsec. (b)(4). Pub. L. 100–690, § 7285(b)(3), (4), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 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 Nov. 2, 2002, and applicable only with respect to fiscal years begin- ning 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, with the report required by subsec. (a)(6) of this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day pe- riod provided in subsec. (a)(6) of this section, see sec- tion 7296(a), (b)(3) of Pub. L. 100–690, set out as a note under section 11101 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (a)(6) of this section relating to submittal of annual report to the Speaker of the House of Rep- resentatives and the President pro tempore of the Sen- ate, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and the 2nd item on page 122 of House Document No. 103–7. § 11294. Grants (a) Authority of Administrator; description of re- search, demonstration projects, and service programs The Administrator is authorized to make grants to and enter into contracts with the Cen- ter and with public agencies or nonprofit private organizations, or combinations thereof, for re- search, demonstration projects, or service pro- grams designed— (1) to educate parents, children, schools, school leaders, teachers, State and local edu- cational agencies, homeless shelters and serv- ice providers, and community agencies and or- ganizations in ways to prevent the abduction and sexual exploitation of children; (2) to provide information to assist in the lo- cating and return of missing children; (3) to aid communities and schools in the collection of materials which would be useful to parents in assisting others in the identifica- tion of missing children; (4) to increase knowledge of and develop ef- fective treatment pertaining to the psycho- logical consequences, on both parents and children, of— (A) the abduction of a child, both during the period of disappearance and after the child is recovered; and (B) the sexual exploitation of a missing child; (5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children’s cases; (6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual ex- ploitation and by promoting the active par- ticipation of children and their families in cases involving abuse or sexual exploitation of children; (7) to address the needs of missing children and their families following the recovery of such children; (8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals’ parents without such parents’ consent; and (9) to establish or operate statewide clear- inghouses to assist in locating and recovering missing children. (b) Priorities of grant applicants In considering grant applications under this subchapter, the Administrator shall give pri- ority to applicants who— (1) have demonstrated or demonstrate abil- ity in— (A) locating missing children or locating and reuniting missing children with their parents; (B) providing other services to missing children or their families; or (C) conducting research relating to miss- ing children; and (2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volun- teer 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 sub- chapter for a fiscal year, applicants shall give Page 292 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11295 1 So in original. Probably should be ‘‘contracts.’’ 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 pri- vate sources. (Pub. L. 93–415, title IV, § 405, formerly § 406, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2128; renumbered § 405 and amended Pub. L. 100–690, title VII, §§ 7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L. 101–204, title X, § 1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, § 2(d), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 113–38, § 2(c), Sept. 30, 2013, 127 Stat. 528; Pub. L. 115–267, § 2(d), Oct. 11, 2018, 132 Stat. 3759; Pub. L. 115–393, title II, § 202(d), Dec. 21, 2018, 132 Stat. 5270.) Editorial Notes CODIFICATION Section was formerly classified to section 5775 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 405 of Pub. L. 93–415 was classified to section 5774 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 100–690, title VII, § 7286, Nov. 18, 1988, 102 Stat. 4460. AMENDMENTS 2018—Subsec. (a)(7). Pub. L. 115–267, § 2(d)(1)(A), and Pub. L. 115–393, § 202(d)(1)(A), amended par. (7) identi- cally, striking out ‘‘(as defined in section 11292(1)(A) of this title)’’ after ‘‘missing children’’. Subsec. (a)(8). Pub. L. 115–267, § 2(d)(1)(B), and Pub. L. 115–393, § 202(d)(1)(B), amended par. (8) identically, sub- stituting ‘‘parents’’ for ‘‘legal custodians’’ and ‘‘par- ents’ ’’ for ‘‘custodians’ ’’. Subsec. (b)(1)(A). Pub. L. 115–267, § 2(d)(2), and Pub. L. 115–393, § 202(d)(2), amended subpar. (A) identically, sub- stituting ‘‘parents’’ for ‘‘legal custodians’’. 2013—Subsec. (a)(1). Pub. L. 113–38, § 2(c)(1), inserted ‘‘schools, school leaders, teachers, State and local edu- cational agencies, homeless shelters and service pro- viders,’’ after ‘‘children,’’. Subsec. (a)(3). Pub. L. 113–38, § 2(c)(2), inserted ‘‘and schools’’ after ‘‘communities’’. 1999—Subsec. (a). Pub. L. 106–71 inserted ‘‘the Center and with’’ before ‘‘public agencies’’ in introductory pro- visions. 1989—Subsec. (a)(9). Pub. L. 101–204 substituted ‘‘clearinghouses’’ for ‘‘clearinghouse’’. 1988—Subsec. (a)(7) to (9). Pub. L. 100–690, § 7287, added pars. (7) to (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title. § 11295. Criteria for grants (a) Establishment of priorities and criteria; pub- lication in Federal Register In carrying out the programs authorized by this subchapter, the Administrator shall estab- lish— (1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 11294 of this title; and (2) criteria based on merit for making such grants and contracts. Not less than 60 days before establishing such priorities and criteria, the Administrator shall publish in the Federal Register for public com- ment a statement of such proposed priorities and criteria. (b) Competitive selection process for grant or contract exceeding $50,000 No grant or contract exceeding $50,000 shall be made under this subchapter unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or con- tract, general criteria for the selection of recipi- ents or contractors, and a description of the ap- plication 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 sup- port activities having the same general purpose shall be deemed to be a single grant for the pur- pose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be con- sidered separate grants or contractors.1 (Pub. L. 93–415, title IV, § 406, formerly § 407, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2129; renumbered § 406 and amended Pub. L. 100–690, title VII, §§ 7288, 7290, Nov. 18, 1988, 102 Stat. 4461.) Editorial Notes CODIFICATION Section was formerly classified to section 5776 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 406 of Pub. L. 93–415 was renumbered section 405 and is classified to section 11294 of this title. AMENDMENTS 1988—Pub. L. 100–690, § 7290(b), which purported to make technical amendment to reference to section 5775 of this title to reflect renumbering of corresponding section of original act, could not be executed to text because of general amendment of section by Pub. L. 100–690, § 7288, see below. Pub. L. 100–690, § 7288, amended section generally. Prior to amendment, section read as follows: ‘‘The Ad- ministrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and con- tracts pursuant to section 5775 of this title and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities.’’