34 U.S.C. § 11101 — Findings

Page 219 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11101 Sec. 11212. Eligibility; plan requirements. 11213. Approval of applications. 11214. Grants to private entities; staffing. PART B—TRANSITIONAL LIVING GRANT PROGRAM 11221. Authority for program. 11222. Eligibility. PART C—NATIONAL COMMUNICATIONS SYSTEM 11231. Authority to make grants. PART D—COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES 11241. Coordination. 11242. Grants for technical assistance and training. 11243. Authority to make grants for research, eval- uation, demonstration, and service projects. 11244. Demonstration projects to provide services to youth in rural areas. 11245. Periodic estimate of incidence and prevalence of youth homelessness. PART E—SEXUAL ABUSE PREVENTION PROGRAM 11261. Authority to make grants. PART F—GENERAL PROVISIONS 11271. Assistance to potential grantees. 11272. Lease of surplus Federal facilities for use as runaway and homeless youth centers or as transitional living youth shelter facilities. 11273. Reports. 11274. Federal and non-Federal share; methods of payment. 11275. Restrictions on disclosure and transfer. 11276. Consolidated review of applications. 11277. Evaluation and information. 11278. Performance standards. 11279. Definitions. 11280. Authorization of appropriations. 11281. Restriction on use of funds. SUBCHAPTER IV—MISSING CHILDREN 11291. Findings. 11292. Definitions. 11293. Duties and functions of the Administrator. 11294. Grants. 11295. Criteria for grants. 11295a. Reporting. 11296. Oversight and accountability. 11297. Authorization of appropriations. 11298. Authority of Inspectors General. SUBCHAPTER V—INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS 11311. Definitions. 11312. Duties and functions of the Administrator. 11313. Grants for local delinquency prevention pro- grams. 11314. Grants for tribal delinquency prevention and response programs. SUBCHAPTER VI—AUTHORIZATION OF APPRO- PRIATIONS; ACCOUNTABILITY AND OVERSIGHT 11321. Authorization of appropriations. 11322. Accountability and oversight. SUBCHAPTER I—GENERALLY § 11101. Findings (a) The Congress finds the following: (1) Although the juvenile violent crime ar- rest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high. (2) According to the Office of Juvenile Jus- tice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually. (3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated as- sault arrests, and 24 percent of weapons ar- rests. (4) More than 1⁄2 of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm. (5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent. (6) Over the last 3 decades, youth gang prob- lems have increased nationwide. In the 1970’s, 19 States reported youth gang problems. By the late 1990’s, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent. (7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher rates than individuals in all other age groups. Only 30.8 percent of these violent victimizations were reported by youth to police in 1999. (8) One-fifth of juveniles 16 years of age who had been arrested were first arrested before at- taining 12 years of age. Juveniles who are known to the juvenile justice system before attaining 13 years of age are responsible for a disproportionate share of serious crimes and violence. (9) The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders entering the juvenile justice system. (10) These problems should be addressed through a 2-track common sense approach that addresses the needs of individual juve- niles and society at large by promoting— (A) quality prevention programs that— (i) work with juveniles, their families, local public agencies, and community- based organizations, and take into consid- eration such factors as whether or not ju- veniles have been the victims of family vi- olence (including child abuse and neglect); and (ii) are designed to reduce risks and de- velop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and (B) programs that assist in holding juve- niles accountable for their actions and in de- veloping the competencies necessary to be- come responsible and productive members of their communities, including a system of graduated sanctions to respond to each de- Page 220 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11101 linquent act, requiring juveniles to make restitution, or perform community service, for the damage caused by their delinquent acts, and methods for increasing victim sat- isfaction with respect to the penalties im- posed on juveniles for their acts. (11) Coordinated juvenile justice and delin- quency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles en- counter can help prevent juveniles from be- coming delinquent and help delinquent youth return to a productive life. (b) Congress must act now to reform this pro- gram by focusing on juvenile delinquency pre- vention programs, as well as programs that hold juveniles accountable for their acts and which provide opportunities for competency develop- ment. Without true reform, the juvenile justice system will not be able to overcome the chal- lenges it will face in the coming years when the number of juveniles is expected to increase by 18 percent between 2000 and 2030. (Pub. L. 93–415, title I, § 101, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 96–509, § 3, Dec. 8, 1980, 94 Stat. 2750; Pub. L. 98–473, title II, § 611, Oct. 12, 1984, 98 Stat. 2107; Pub. L. 102–586, § 1(a), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107–273, div. C, title II, § 12202, Nov. 2, 2002, 116 Stat. 1869.) Editorial Notes CODIFICATION Section was formerly classified to section 5601 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2002—Pub. L. 107–273 amended heading and text gen- erally. Prior to amendment, text read as follows: ‘‘(a) The Congress hereby finds that— ‘‘(1) juveniles accounted for almost half the arrests for serious crimes in the United States in 1974 and for less than one-third of such arrests in 1983; ‘‘(2) recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use; ‘‘(3) the small number of youth who commit the most serious and violent offenses are becoming more violent; ‘‘(4) understaffed, overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities and inadequately trained staff in such courts, services, and facilities are not able to provide individualized justice or effec- tive help; ‘‘(5) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of children, who, because of this failure to provide effective services, may become delinquents; ‘‘(6) existing programs have not adequately re- sponded to the particular problems of the increasing numbers of young people who are addicted to or who abuse alcohol and other drugs, particularly nonopiate or polydrug abusers; ‘‘(7) juvenile delinquency can be reduced through programs designed to keep students in elementary and secondary schools through the prevention of un- warranted and arbitrary suspensions and expulsions; ‘‘(8) States and local communities which experience directly the devastating failures of the juvenile jus- tice system do not presently have sufficient technical expertise or adequate resources to deal comprehen- sively with the problems of juvenile delinquency; ‘‘(9) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency; ‘‘(10) the juvenile justice system should give addi- tional attention to the problem of juveniles who com- mit serious crimes, with particular attention given to the areas of sentencing, providing resources nec- essary for informed dispositions, and rehabilitation; ‘‘(11) emphasis should be placed on preventing youth from entering the juvenile justice system to begin with; and ‘‘(12) the incidence of juvenile delinquency can be reduced through public recreation programs and ac- tivities designed to provide youth with social skills, enhance self esteem, and encourage the constructive use of discretionary time. ‘‘(b) Congress finds further that the high incidence of delinquency in the United States today results in enor- mous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and com- prehensive action by the Federal Government to reduce and prevent delinquency.’’ 1992—Subsec. (a)(2), (3). Pub. L. 102–586, § 1(a)(2), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively. Subsec. (a)(4). Pub. L. 102–586, § 1(a)(1), (3), redesig- nated par. (2) as (4) and inserted ‘‘prosecutorial and public defender offices,’’. Former par. (4) redesignated (6). Subsec. (a)(5) to (10). Pub. L. 102–586, § 1(a)(1), redesig- nated pars. (3) to (8) as (5) to (10), respectively. Subsec. (a)(11), (12). Pub. L. 102–586, § 1(a)(4)–(6), added pars. (11) and (12). 1984—Subsec. (a)(1). Pub. L. 98–473, § 611(1), substituted ‘‘accounted’’ for ‘‘account’’ and ‘‘in 1974 and for less than one-third of such arrests in 1983’’ for ‘‘today’’. Subsec. (a)(2). Pub. L. 98–473, § 611(2), inserted ‘‘and in- adequately trained staff in such courts, services, and facilities’’. Subsec. (a)(3). Pub. L. 98–473, § 611(3), struck out ‘‘the countless, abandoned, and dependent’’ before ‘‘children, who’’. Subsec. (a)(5). Pub. L. 98–473, § 611(4), substituted ‘‘re- duced’’ for ‘‘prevented’’. 1980—Subsec. (a)(4). Pub. L. 96–509, § 3(1), inserted ref- erence to alcohol abuse. Subsec. (a)(8). Pub. L. 96–509, § 3(2)–(4), added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. C, title II, § 12223, Nov. 2, 2002, 116 Stat. 1896, as amended by Pub. L. 108–7, div. B, title I, § 110(2), (3), Feb. 20, 2003, 117 Stat. 67, provided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this subtitle [subtitle B (§§ 12201–12223) of title II of div. C of Pub. L. 107–273, see Tables for classi- fication] and the amendments made by this subtitle shall take effect on the effective date provided in sec- tion 12102(b) [set out as a note under section 10401 of this title]. ‘‘(b) APPLICATION OF AMENDMENTS.—The amendments made by this subtitle shall apply only with respect to fiscal years beginning on or after the effective date pro- vided in subsection (a).’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–690, title VII, § 7296, Nov. 18, 1988, 102 Stat. 4463, as amended by Pub. L. 101–204, title X, § 1001(d), Dec. 7, 1989, 103 Stat. 1827, provided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this subtitle [subtitle F (§§ 7250–7296) of title VII of Pub. L. 100–690, see Tables for classification] and the amendments made by this Act [probably should be subtitle] shall take effect on October 1, 1988. ‘‘(b) APPLICATION OF AMENDMENTS.—(1) The amend- ments made by section 7258(a) [amending section 11133 Page 221 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11102 of this title] shall not apply to a State with respect to a fiscal year beginning before the date of the enact- ment of this Act [Nov. 18, 1988] if the State plan is ap- proved before such date by the Administrator for such fiscal year. ‘‘(2) The amendments made by section 7253(b)(1) [amending section 11114 of this title] and section 7278 [enacting section 11277 of this title] shall not apply with respect to fiscal year 1989. ‘‘(3) Notwithstanding the 180-day period provided in— ‘‘(A) section 207 of the Juvenile Justice and Delin- quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) [now 34 U.S.C. 11117], as added by section 7255; ‘‘(B) section 361 of the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) [now 34 U.S.C. 11273], as redesignated by section 7273(e)(2) and amended by section 7274; and ‘‘(C) section 404(a)(5) [now 404(a)(6)] of the Missing Children’s Assistance Act (42 U.S.C. 5773(a)(5) [now 34 U.S.C. 11293(a)(6)]), as amended by section 7285(a)(3); the reports required by such sections to be submitted with respect to fiscal year 1988 shall be submitted not later than August 1, 1989.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–473, title II, § 670, Oct. 12, 1984, 98 Stat. 2129, provided that: ‘‘(a) Except as provided in subsection (b), this divi- sion [division II (§§ 610–670) of chapter VI of title II of Pub. L. 98–473, see Tables for classification] and the amendments made by this division shall take effect on the date of the enactment of this joint resolution [Oct. 12, 1984] or October 1, 1984, whichever occurs later. ‘‘(b) Paragraph (2) of section 331(c) of the Runaway and Homeless Youth Act [34 U.S.C. 11280], as added by section 657(d) of this division, shall not apply with re- spect to any grant or payment made before the effec- tive date of this joint resolution [Oct. 12, 1984].’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 93–415, title II, § 263(c), as added by Pub. L. 95–115, § 6(d)(2), Oct. 3, 1977, 91 Stat. 1058, which provided that except as otherwise provided by the Juvenile Jus- tice Amendments of 1977 (see Short Title of 1977 Act note set out under section 10101 of this title and Ta- bles), the amendments made by the Juvenile Justice Amendments of 1977 were to take effect on Oct. 1, 1977, was repealed by Pub. L. 100–690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449. EFFECTIVE DATE Pub. L. 93–415, title II, § 263(a), (b), Sept. 7, 1974, 88 Stat. 1129, as amended by Pub. L. 94–273, § 32(a), Apr. 21, 1976, 90 Stat. 380; Pub. L. 95–115, § 6(d)(1), Oct. 3, 1977, 91 Stat. 1058, which provided that (a) except as provided by subsections (b) and (c) (formerly set out as an Effec- tive Date of 1977 Amendment note above), the foregoing provisions of such Act (enacting subchapters I and II of this chapter and amending section 5108 of Title 5, Gov- ernment Organization and Employees) were to take ef- fect on Sept. 7, 1974, and that (b) section 5614(b)(5) and 5614(b)(6) of this title was to become effective at the close of the thirty-first day of the twelfth calendar month of 1974 and section 5614(l) of this title was to be- come effective at the close of the thirtieth day of the eleventh month of 1976, was repealed by Pub. L. 100–690, title VII, § 7266(2), Nov. 18, 1988, 102 Stat. 4449. § 11102. Purposes The purposes of this subchapter and sub- chapter II are— (1) to support State, tribal, and local pro- grams that prevent juvenile involvement in delinquent behavior; (2) to assist State, tribal, and local govern- ments in promoting public safety by encour- aging accountability for acts of juvenile delin- quency; (3) to assist State, tribal, and local govern- ments in addressing juvenile crime through the provision of technical assistance, research, training, evaluation, and the dissemination of current and relevant information on effective and evidence-based programs and practices for combating juvenile delinquency; and (4) to support a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, be- havioral health and substance abuse treat- ment, family services, and services for chil- dren exposed to violence) that are trauma in- formed, reflect the science of adolescent devel- opment, and are designed to meet the needs of at-risk youth and youth who come into con- tact with the justice system. (Pub. L. 93–415, title I, § 102, Sept. 7, 1974, 88 Stat. 1110; Pub. L. 96–509, § 4, Dec. 8, 1980, 94 Stat. 2750; Pub. L. 98–473, title II, § 612, Oct. 12, 1984, 98 Stat. 2108; Pub. L. 102–586, § 1(b), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107–273, div. C, title II, § 12203, Nov. 2, 2002, 116 Stat. 1871; Pub. L. 115–385, title I, § 101, Dec. 21, 2018, 132 Stat. 5124.) Editorial Notes CODIFICATION Section was formerly classified to section 5602 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—Par. (1). Pub. L. 115–385, § 101(1), inserted ‘‘, tribal,’’ after ‘‘State’’. Par. (2). Pub. L. 115–385, § 101(2), inserted ‘‘, tribal,’’ after ‘‘State’’ and struck out ‘‘and’’ at end. Par. (3). Pub. L. 115–385, § 101(3), amended par. (3) gen- erally. Prior to amendment, par. (3) read as follows: ‘‘to assist State and local governments in addressing juve- nile crime through the provision of technical assist- ance, research, training, evaluation, and the dissemina- tion of information on effective programs for com- bating juvenile delinquency.’’ Par. (4). Pub. L. 115–385, § 101(4), added par. (4). 2002—Pub. L. 107–273 amended heading and text gen- erally. Prior to text, section read as follows: ‘‘(a) It is the purpose of this chapter— ‘‘(1) to provide for the thorough and ongoing eval- uation of all federally assisted juvenile justice and delinquency prevention programs; ‘‘(2) to provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs; ‘‘(3) to establish training programs for persons, in- cluding professionals, paraprofessionals, and volun- teers, who work with delinquents or potential delinquents or whose work or activities relate to ju- venile delinquency programs; ‘‘(4) to establish a centralized research effort on the problems of juvenile delinquency, including the dis- semination of the findings of such research and all data related to juvenile delinquency; ‘‘(5) to develop and encourage the implementation of national standards for the administration of juve- nile justice, including recommendations for adminis- trative, budgetary, and legislative action at the Fed- eral, State, and local level to facilitate the adoption of such standards; ‘‘(6) to assist States and local communities with re- sources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions;