34 U.S.C. § 11222 — Eligibility

Page 272 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11214 1977—Pub. L. 95–115 substituted ‘‘$100,000’’ and ‘‘$150,000’’ for ‘‘$75,000’’ and ‘‘$100,000’’, respectively. Statutory Notes and Related Subsidiaries 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. 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. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93–415, as added by Pub. L. 95–115 and repealed by Pub. L. 100–690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449, formerly set out as a note under section 11101 of this title. § 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 re- sponsible 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.) Editorial Notes CODIFICATION Section was formerly classified to section 5714 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 314 of Pub. L. 93–415 was classified to section 5712b of Title 42, The Public Health and Wel- fare, prior to repeal by Pub. L. 102–586. Section 315 of title III of Pub. L. 93–415, as added Pub. L. 100–690, title VII, § 7277, Nov. 18, 1988, 102 Stat. 4457, related to authority of the Secretary to make grants for research, demonstration, and service projects, and was classified to section 5712c of Title 42, prior to re- peal by Pub. L. 102–586. Section 316 of title III of Pub. L. 93–415, as added Pub. L. 103–322, title IV, § 40155, Sept. 13, 1994, 108 Stat. 1922, related to grants for prevention of sexual abuse and ex- ploitation, and was classified to section 5712d of Title 42, prior to repeal by Pub. L. 109–162. A prior section 316 of Pub. L. 93–415 was renumbered section 313 of Pub. L. 93–415 and is classified to section 11213 of this title. Another prior section 316 of Pub. L. 93–415 was renum- bered section 372 of Pub. L. 93–415 and is classified to section 11272 of this title. Another prior section 316 of Pub. L. 93–415 was renum- bered section 382 of Pub. L. 93–415 and is classified to section 11274 of this title. AMENDMENTS 1992—Pub. L. 102–586, § 3(e), substituted ‘‘subchapter’’ for ‘‘part’’ wherever appearing and inserted ‘‘and the programs, projects, and activities they carry out under this subchapter’’ after ‘‘center’’ and ‘‘under this sub- chapter’’ before period at end. 1988—Pub. L. 100–690, § 7271(c)(4), substituted ‘‘run- away and homeless youth center’’ for ‘‘runaway cen- ter’’. 1984—Pub. L. 98–473 amended section catchline and substituted ‘‘private entities’’ for ‘‘nonprofit private agencies’’ and ‘‘center’’ for ‘‘house’’ in text. Statutory Notes and Related Subsidiaries 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. 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 B—TRANSITIONAL LIVING GRANT PROGRAM Editorial Notes CODIFICATION Pub. L. 100–690, title VII, §§ 7272(2), 7273(f), Nov. 18, 1988, 102 Stat. 4454, 4455, added part B heading, set out above, and struck out ‘‘PART B—RECORDS’’ heading. PRIOR PROVISIONS A prior part B of title III of Pub. L. 93–415 consisted of former section 321, prior to amendment by Pub. L. 100–690, title VII, §§ 7272(2), 7273(e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455. § 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 oper- ate transitional living youth projects for home- less 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.) Editorial Notes CODIFICATION Section was formerly classified to section 5714–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 321 of Pub. L. 93–415 was renumbered section 363 and is classified to section 11275 of this title. AMENDMENTS 1999—Pub. L. 106–71 struck out ‘‘Purpose and’’ before ‘‘Authority’’ in section catchline and struck out sub- sec. (a) designation before ‘‘The Secretary’’ and subsec. (b) which defined ‘‘homeless youth’’ and ‘‘transitional living youth project’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1988, 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. § 11222. Eligibility (a) In general To be eligible for assistance under this part, an applicant shall propose to establish, Page 273 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11222 1 So in original. The comma probably should not appear. 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— (1) to provide, by grant, agreement, or con- tract, shelter (such as group homes, including maternity group homes, host family homes, and supervised apartments) and provide, by grant, agreement, or contract, services,1 (in- cluding information and counseling services in basic life skills which shall include money management, budgeting, consumer education, and use of credit, parenting skills (as appro- priate), interpersonal skill building, edu- cational advancement, job attainment skills, and mental and physical health care) to home- less youth; (2) 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 cir- cumstances and if otherwise qualified for the program, remain in the program until the youth’s 18th birthday; (3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home; (4) that such shelter facility used to carry out such project shall have the capacity to ac- commodate not more than 20 individuals (ex- cluding staff); (5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services; (6) to provide a written transitional living plan to each youth based on an assessment of such youth’s needs, designed to help the tran- sition from supervised participation in such project to independent living or another ap- propriate living arrangement; (7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational (includ- ing post-secondary education), vocational, training (including services and programs for youth available under the Workforce Innova- tion 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; (8) to provide for the establishment of out- reach programs designed to attract individuals who are eligible to participate in the project; (9) to submit to the Secretary an annual re- port 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 sta- tistical 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; (10) to implement such accounting proce- dures and fiscal control devices as the Sec- retary may require; (11) 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; (12) 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; (13) not to disclose records maintained on in- dividual homeless youth without the informed consent of the individual youth to anyone other than an agency compiling statistical records; (14) to provide to the Secretary such other information as the Secretary may reasonably require; (15) 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 (16) to develop an adequate emergency pre- paredness 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 pro- viding to homeless youth shelter and services of the types described in subsection (a)(1). (c) Definition In this part— (1) the term ‘‘maternity group home’’ means a community-based, adult-supervised transi- tional living arrangement that provides preg- nant or parenting youth and their children with a supportive and supervised living ar- rangement in which such pregnant or par- enting 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 (2) the term ‘‘exceptional circumstances’’ means circumstances in which a youth would benefit to an unusual extent from additional time in the program. (Pub. L. 93–415, title III, § 322, as added Pub. L. 100–690, title VII, § 7273(f), Nov. 18, 1988, 102 Stat. 4456; amended Pub. L. 102–586, § 3(f), Nov. 4, 1992, 106 Stat. 5022; Pub. L. 106–71, § 3(f), Oct. 12, 1999, 113 Stat. 1038; Pub. L. 108–96, title I, §§ 107, 108, 110, 111, Oct. 10, 2003, 117 Stat. 1168, 1169; Pub. L. 110–378, § 4, Oct. 8, 2008, 122 Stat. 4069; Pub. L. 113–128, title V, § 512(aa), July 22, 2014, 128 Stat. 1717.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a)(7), is Pub. L. 113–128, July 22, Page 274 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11231 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(7), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. For com- plete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Ta- bles. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsec. (a)(15), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of sub- chapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 5714–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 322 of title III of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1132, set forth restrictions on disclosure and transfer of records, prior to repeal by Pub. L. 95–115, § 7(b), Oct. 3, 1977, 91 Stat. 1058, eff. Oct. 1, 1977. AMENDMENTS 2014—Subsec. (a)(7). Pub. L. 113–128 substituted ‘‘(in- cluding services and programs for youth available under the Workforce Innovation and Opportunity Act)’’ for ‘‘(including services and programs for youth avail- able under the Workforce Investment Act of 1998)’’. 2008—Subsec. (a)(1). Pub. L. 110–378, § 4(a)(1), sub- stituted ‘‘by grant, agreement, or contract, shelter’’ for ‘‘directly or indirectly, shelter’’ and ‘‘and provide, by grant, agreement, or contract, services,’’ for ‘‘and serv- ices’’. Subsec. (a)(2). Pub. L. 110–378, § 4(a)(2), substituted ‘‘a continuous period not to exceed 540 days, or in excep- tional 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 ex- ceptional circumstances and if otherwise qualified for the program, remain in the program until the youth’s 18th birthday;’’ for ‘‘a continuous period not to exceed 540 days, except that a youth in a program under this part who is under the age of 18 years on the last day of the 540-day period may, if otherwise qualified for the program, remain in the program until the earlier of the youth’s 18th birthday or the 180th day after the end of the 540-day period;’’. Subsec. (a)(16). Pub. L. 110–378, § 4(a)(3)–(5), added par. (16). Subsec. (c). Pub. L. 110–378, § 4(b), substituted ‘‘part— ’’ for ‘‘part,’’, inserted par. (1) designation before ‘‘the term’’, substituted ‘‘; and’’ for period at end, and added par. (2). 2003—Subsec. (a)(1). Pub. L. 108–96, § 107(a), inserted ‘‘including maternity group homes,’’ after ‘‘group homes,’’ and ‘‘parenting skills (as appropriate),’’ after ‘‘use of credit,’’. Subsec. (a)(2). Pub. L. 108–96, § 108, inserted ‘‘, except that a youth in a program under this part who is under the age of 18 years on the last day of the 540-day period may, if otherwise qualified for the program, remain in the program until the earlier of the youth’s 18th birth- day or the 180th day after the end of the 540-day period’’ after ‘‘days’’. Subsec. (a)(7). Pub. L. 108–96, § 111, amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational, vocational, training, welfare, legal serv- ice, and health care programs and to help integrate and coordinate such services for youths;’’. Subsec. (a)(15). Pub. L. 108–96, § 110, added par. (15). Subsec. (c). Pub. L. 108–96, § 107(b), added subsec. (c). 1999—Subsec. (a)(9). Pub. L. 106–71 inserted ‘‘, and the services provided to such youth by such project,’’ after ‘‘participate in such project’’. 1992—Subsec. (a)(1). Pub. L. 102–586, § 3(f)(1), inserted ‘‘which shall include money management, budgeting, consumer education, and use of credit’’ after ‘‘basic life skills’’. Subsec. (a)(13). Pub. L. 102–586, § 3(f)(2), substituted ‘‘informed consent of the individual youth’’ for ‘‘con- sent of the individual youth and parent or legal guard- ian’’ and struck out ‘‘or a government agency involved in the disposition of criminal charges against youth’’ after ‘‘statistical records’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE Section effective Oct. 1, 1988, 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. PART C—NATIONAL COMMUNICATIONS SYSTEM § 11231. Authority to make grants The Secretary shall make grants for a na- tional 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.) Editorial Notes CODIFICATION Section was formerly classified to section 5714–11 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. AMENDMENTS 1999—Pub. L. 106–71 substituted ‘‘The Secretary’’ for ‘‘With funds reserved under section 5751(a)(3) of this title, the Secretary’’ in first sentence. PART D—COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES § 11241. Coordination With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary— (1) in conjunction with the Attorney Gen- eral, shall coordinate the activities of agencies of the Department of Health and Human Serv-