34 U.S.C. § 11201 — Findings

Page 266 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11191 1 So in original. The period probably should be a semicolon. Editorial Notes CODIFICATION Section was formerly classified to section 5680 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 an Effective Date of 2002 Amendment note under section 11101 of this title. § 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, known as the Juvenile Justice and Delin- quency Prevention Act of 1974, which is classified prin- cipally 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 5681 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 an Effective Date of 2002 Amendment note under section 11101 of this title. SUBCHAPTER III—RUNAWAY AND HOMELESS YOUTH § 11201. Findings The Congress finds that— (1) youth who have become homeless or who leave and remain away from home without pa- rental permission, are at risk of developing, and have a disproportionate share of, serious health, behavioral, and emotional problems because they lack sufficient resources to ob- tain care and may live on the street for ex- tended periods thereby endangering them- selves and creating a substantial law enforce- ment problem for communities in which they congregate; (2) many such young people, because of their age and situation, are urgently in need of tem- porary shelter and services, including services that are linguistically appropriate and ac- knowledge the environment of youth seeking these services; (3) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of— (A) safety and structure; (B) belonging and membership; (C) self-worth and social contribution; (D) independence and control over one’s life; and (E) closeness in interpersonal relation- ships.1 (4) 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 sys- tem of care (including preventive and aftercare services, emergency shelter services, extended residential shelter, and street out- reach services) outside the welfare system and the law enforcement system; (5) to make a successful transition to adult- hood, runaway youth, homeless youth, and other street youth need opportunities to com- plete high school or earn a general equiva- lency degree, learn job skills, and obtain em- ployment; and (6) improved coordination and collaboration between the Federal programs that serve run- away 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.) Editorial Notes CODIFICATION Section was formerly classified to section 5701 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2008—Pars. (3) to (6). Pub. L. 110–378 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respec- tively. 2003—Pub. L. 108–96 amended section generally. Prior to amendment, section contained congressional state- ment of findings. 1999—Par. (5). Pub. L. 106–71, § 3(a)(1), substituted ‘‘an accurate national reporting system to report the prob- lem, and to assist in the development of’’ for ‘‘accurate reporting of the problem nationally and to develop’’. Par. (8). Pub. L. 106–71, § 3(a)(2), added par. (8) and struck out former par. (8) which read as follows: ‘‘in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system and to develop an Page 267 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11211 effective system of care including prevention, emer- gency shelter services, and longer residential care out- side the public welfare and law enforcement struc- tures;’’. 1992—Par. (1). Pub. L. 102–586, § 3(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘the number of juveniles who leave and remain away from home without parental permission has in- creased to alarming proportions, creating a substantial law enforcement problem for the communities inun- dated, and significantly endangering the young people who are without resources and live on the street;’’. Par. (5). Pub. L. 102–586, § 3(a)(3), substituted ‘‘care (including preventive services, emergency shelter serv- ices, and extended residential shelter) outside the wel- fare system and the law enforcement system;’’ for ‘‘temporary care outside the law enforcement struc- ture.’’ Pars. (6) to (10). Pub. L. 102–586, § 3(a)(2), (4), added pars. (6) to (10). Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title III of Pub. L. 93–415, which is classified to this subchapter, as the ‘‘Runaway and Homeless Youth Act’’, see section 301 of Pub. L. 93–415, set out as a Short Title of 1974 Act note under section 10101 of this title. § 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 Sec- retary 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.) Editorial Notes CODIFICATION Section was formerly classified to section 5702 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’ and ‘‘issue such rules as the Secretary’’ for ‘‘prescribe such rules as he’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as a note under section 11101 of this title. PART A—BASIC CENTER GRANT PROGRAM Editorial Notes CODIFICATION Pub. L. 108–96, title I, § 102, Oct. 10, 2003, 117 Stat. 1168, substituted in part A heading ‘‘BASIC CENTER’’ for ‘‘RUNAWAY AND HOMELESS YOUTH’’. Pub. L. 100–690, title VII, § 7272(1), Nov. 18, 1988, 102 Stat. 4454, substituted in part A heading ‘‘RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM’’ for ‘‘GRANTS PRO- GRAM’’. § 11211. Authority to make grants (a) Grants for centers and services (1) In general The Secretary shall make grants to public and nonprofit private entities (and combina- tions 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. (2) Services provided Services provided under paragraph (1)— (A) shall be provided as an alternative to involving runaway and homeless youth in the law enforcement, child welfare, mental health, and juvenile justice systems; (B) shall include— (i) safe and appropriate shelter provided for not to exceed 21 days; and (ii) individual, family, and group coun- seling, as appropriate; and (C) may include— (i) street-based services; (ii) home-based services for families with youth at risk of separation from the fam- ily; (iii) drug abuse education and prevention services; and (iv) at the request of runaway and home- less youth, testing for sexually trans- mitted diseases. (b) Allotment of funds for grants; priority given to certain private entities (1) Subject to paragraph (2) and in accordance with regulations promulgated under this sub- chapter, 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. (2)(A) Except as provided in subparagraph (B), the amount allotted under paragraph (1) with re- spect to each State for a fiscal year shall be not less than $200,000, except that the amount allot- ted to the Virgin Islands of the United States, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands shall be not less than $70,000 each. (B) 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 re- spect to such State for fiscal year 2008. (C) Whenever the Secretary determines that any part of the amount allotted under paragraph (1) to a State for a fiscal year will not be obli- gated before the end of the fiscal year, the Sec- retary shall reallot such part to the remaining States for obligation for the fiscal year. (3) 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 sub- section. (Pub. L. 93–415, title III, § 311, Sept. 7, 1974, 88 Stat. 1130; Pub. L. 95–115, § 7(a)(1), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96–509, § 18(c), Dec. 8, 1980, 94 Stat. 2762; Pub. L. 98–473, title II, § 651, Oct. 12, 1984, 98 Stat. 2123; Pub. L. 100–690, title VII, § 7271(a), (b), Nov. 18, 1988, 102 Stat. 4452; Pub. L. 102–586, § 3(b), Nov. 4, 1992, 106 Stat. 5018; Pub. L. 106–71, § 3(b), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 108–96, title I, §§ 103, 104, Oct. 10, 2003, 117 Stat. 1168; Pub. L. 110–378, § 3(a), Oct. 8, 2008, 122 Stat. 4068.)