34 U.S.C. § 11131 — Authority to make grants and contracts

Page 237 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11131 1 So in original. Probably should be ‘‘units of local govern- ments’’. 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. The Tribal Law and Order Act of 2010, referred to in par. (6), is title II of Pub. L. 111–211, July 29, 2010, 124 Stat. 2261. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 2801 of Title 25, Indians, and Tables. CODIFICATION Section was formerly classified to section 5617 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 207 of title II of Pub. L. 93–415, as added Pub. L. 96–509, § 9, Dec. 8, 1980, 94 Stat. 2753, re- lated to establishment and functions of National Advi- sory Committee for Juvenile Justice and Delinquency Prevention, prior to repeal eff. Oct. 12, 1984, by Pub. L. 98–473, title II, § 624, Oct. 12, 1984, 98 Stat. 2111. Another prior section 207 of title II of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1117; Pub. L. 95–115, § 3(e), Oct. 3, 1977, 91 Stat. 1050, related to National Advisory Com- mittee for Juvenile Justice and Delinquency Preven- tion, its membership, terms of office, etc., prior to re- peal by Pub. L. 96–509, § 9, Dec. 8, 1980, 94 Stat. 2753. AMENDMENTS 2018—Pub. L. 115–385, § 203(1), substituted ‘‘each fiscal year’’ for ‘‘a fiscal year’’ in introductory provisions. Par. (1)(B). Pub. L. 115–385, § 203(2)(A), substituted ‘‘, gender, and ethnicity, as such term is defined by the Bureau of the Census,’’ for ‘‘and gender’’. Par. (1)(F). Pub. L. 115–385, § 203(2)(C), inserted ‘‘and other’’ before ‘‘disabilities,’’ and substituted semicolon for period at end. Par. (1)(G) to (K). Pub. L. 115–385, § 203(2)(B), (D), added subpars. (G) to (K). Pars. (5) to (8). Pub. L. 115–385, § 203(3), added pars. (5) to (8). 2002—Pars. (4), (5). Pub. L. 107–273 added par. (4) and struck out former pars. (4) and (5) which read as fol- lows: ‘‘(4) A summary of each program or activity for which assistance is provided under part C or D of this subchapter, an evaluation of the results of such pro- gram or activity, and a determination of the feasibility and advisability of replicating such program or activ- ity in other locations. ‘‘(5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this subchapter, with particular attention to community-based juvenile delinquency prevention pro- grams that involve and assist families of juveniles.’’ 1992—Par. (1)(D). Pub. L. 102–586, § 2(e)(1)(A), inserted ‘‘(including juveniles treated as adults for purposes of prosecution)’’. Par. (1)(F). Pub. L. 102–586, § 2(e)(1)(B), (2), (3), added subpar. (F). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–385 not applicable with re- spect to funds appropriated for any fiscal year that be- gins before Dec. 21, 2018, 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 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 Section effective Oct. 1, 1988, with the report required by this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in this section, see section 7296(a), (b)(3) of Pub. L. 100–690, as amended, set out as an Effective Date of 1988 Amendment note under sec- tion 11101 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to submittal to the Speaker of the House of Representatives and the President pro tempore of the Senate of an annual report, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 10 on page 177 of House Document No. 103–7. PART B—CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM Editorial Notes CODIFICATION Pub. L. 115–385, title II, § 204(c)(1), Dec. 21, 2018, 132 Stat. 5130, substituted ‘‘Charles Grassley Juvenile Jus- tice and Delinquency Prevention Program’’ for ‘‘Fed- eral Assistance for State and Local Programs’’ in part heading. Pub. L. 100–690, title VII, § 7263(a)(1)(A), Nov. 18, 1988, 102 Stat. 4443, struck out subpart I heading ‘‘Formula Grants’’ in part B. § 11131. Authority to make grants and contracts (a) The Administrator is authorized to make grants to States and units of local government or combinations thereof to assist them in plan- ning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treat- ment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system. (b)(1) With not to exceed 5 percent of the funds available in a fiscal year to carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to pro- vide technical assistance to States, units of gen- eral local governments 1 (and combinations thereof), and local private agencies to facilitate compliance with section 11133 of this title and implementation of the State plan approved under section 11133(c) of this title. (2) Grants and contracts may be made under paragraph (1) only to public and private agen- cies, organizations, and individuals that have experience in providing such technical assist- ance. (Pub. L. 93–415, title II, § 221, Sept. 7, 1974, 88 Stat. 1118; Pub. L. 95–115, § 4(a), Oct. 3, 1977, 91 Stat. 1050; Pub. L. 98–473, title II, § 625(a), Oct. 12, 1984, 98 Stat. 2111; Pub. L. 100–690, title VII, § 7256, Nov. 18, 1988, 102 Stat. 4438; Pub. L. 102–586, § 2(f)(1), Nov. 4, 1992, 106 Stat. 4987; Pub. L. 105–277, div. A, § 101(b) [title I, § 129(a)(2)(A)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–75; Pub. L. 107–273, div. C, title II, § 12221(a)(2), Nov. 2, 2002, 116 Stat. Page 238 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11132 1894; Pub. L. 115–385, title II, § 204(a), Dec. 21, 2018, 132 Stat. 5130.) Editorial Notes CODIFICATION Section was formerly classified to section 5631 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 2018—Subsec. (b)(1). Pub. L. 115–385 substituted ‘‘5 per- cent’’ for ‘‘2 percent’’. 2002—Subsec. (b)(2). Pub. L. 107–273 struck out at end ‘‘In providing such technical assistance, the recipient of a grant or contract under this subsection shall co- ordinate its activities with the State agency described in section 5671(c)(1) of this title.’’ 1998—Subsec. (a). Pub. L. 105–277 substituted ‘‘units of local government’’ for ‘‘units of general local govern- ment’’. 1992—Subsec. (b)(2). Pub. L. 102–586, § 2(f)(1)(A), which directed the substitution of ‘‘experience’’ for ‘‘exist- ence’’, could not be executed because ‘‘existence’’ did not appear in text. Pub. L. 102–586, § 2(f)(1)(B), made technical amend- ment to reference to section 5671 of this title to reflect renumbering of corresponding section of original act. 1988—Pub. L. 100–690 inserted ‘‘and contracts’’ after ‘‘grants’’ in section catchline, designated existing pro- visions as subsec. (a), and added subsec. (b). 1984—Pub. L. 98–473 amended section catchline. 1977—Pub. L. 95–115 inserted ‘‘grants and’’ before ‘‘contracts’’ and substituted ‘‘units of general local government or combinations thereof’’ for ‘‘local gov- ernments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–385 not applicable with re- spect to funds appropriated for any fiscal year that be- gins before Dec. 21, 2018, 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 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, see section 7296(a) of Pub. L. 100–690, 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. SHORT TITLE For short title of part B of title II of Pub. L. 93–415, which is classified to this part, as the ‘‘Charles Grass- ley Juvenile Justice and Delinquency Prevention Pro- gram’’, see section 220 of Pub. L. 93–415, set out as a Short Title of 1974 Act note under section 10101 of this title. § 11132. Allocation of funds (a) Time; basis; amounts (1) Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of peo- ple under 18 years of age, based on the most re- cent data available from the Bureau of the Cen- sus. (2)(A) If the aggregate amount appropriated for a fiscal year to carry out this subchapter is less than $75,000,000, then— (i) the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $400,000; and (ii) the amount allocated to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands for that fiscal year shall be not less than $75,000. (B) If the aggregate amount appropriated for a fiscal year to carry out this subchapter is not less than $75,000,000, then— (i) the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $600,000; and (ii) the amount allocated to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands for that fiscal year shall be not less than $100,000. (b) Reallocation of unobligated funds If any amount so allocated remains unobli- gated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period. (c) Use of allocated funds for development, etc., of State plans; limitations; matching require- ments In accordance with regulations promulgated under this part, a portion of any allocation to any State under this part shall be available to develop a State plan or for other pre-award ac- tivities associated with such State plan, and to pay that portion of the expenditures which are necessary for effective and efficient administra- tion of funds, including the designation of not less than one individual who shall coordinate ef- forts to achieve and sustain compliance with the core requirements and certify whether the State is in compliance with such requirements. Not more than 10 percent of the total annual alloca- tion of such State shall be available for such purposes except that any amount expended or obligated by such State, or by units of local gov- ernment or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of local