34 U.S.C. § 11280 — Authorization of appropriations

Page 282 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11280 mences such stay before reaching 22 years of age; (B) for whom it is not possible to live in a safe environment with a relative; and (C) who has no other safe alternative liv- ing arrangement. (4) Runaway youth The term ‘‘runaway’’, used with respect to a youth, means an individual who is less than 18 years of age and who absents himself or her- self from home or a place of legal residence without the permission of a parent or legal guardian. (5) Street-based services The term ‘‘street-based services’’— (A) means services provided to runaway and homeless youth, and street youth, in areas where they congregate, designed to as- sist such youth in making healthy personal choices regarding where they live and how they behave; and (B) may include— (i) identification of and outreach to run- away and homeless youth, and street youth; (ii) crisis intervention and counseling; (iii) information and referral for hous- ing; (iv) information and referral for transi- tional living and health care services; (v) advocacy, education, and prevention services related to— (I) alcohol and drug abuse; (II) sexual exploitation; (III) sexually transmitted diseases, in- cluding human immunodeficiency virus (HIV); and (IV) physical and sexual assault. (6) Street youth The term ‘‘street youth’’ means an indi- vidual who— (A) is— (i) a runaway youth; or (ii) indefinitely or intermittently a homeless youth; and (B) spends a significant amount of time on the street or in other areas that increase the risk to such youth for sexual abuse, sexual exploitation, prostitution, or drug abuse. (7) Transitional living youth project The term ‘‘transitional living youth project’’ means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long- term dependency on social services. (8) Youth at risk of separation from the family The term ‘‘youth at risk of separation from the family’’ means an individual— (A) who is less than 18 years of age; and (B)(i) who has a history of running away from the family of such individual; (ii) whose parent, guardian, or custodian is not willing to provide for the basic needs of such individual; or (iii) who is at risk of entering the child welfare system or juvenile justice system as a result of the lack of services available to the family to meet such needs. (Pub. L. 93–415, title III, § 387, as added Pub. L. 106–71, § 3(p), Oct. 12, 1999, 113 Stat. 1041; amended Pub. L. 108–96, title I, § 116, Oct. 10, 2003, 117 Stat. 1170; Pub. L. 110–378, § 10, Oct. 8, 2008, 122 Stat. 4072.) Editorial Notes CODIFICATION Section was formerly classified to section 5732a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2008—Par. (3). Pub. L. 110–378, § 10(a)(1), substituted ‘‘The term ‘homeless’, used with respect to a youth, means’’ for ‘‘The term ‘homeless youth’ means’’ in in- troductory provisions. Par. (3)(A)(i). Pub. L. 110–378, § 10(a)(2)(A), substituted ‘‘less than’’ for ‘‘not more than’’ in two places and in- serted ‘‘, or is less than a higher maximum age if the State where the center is located has an applicable State or local law (including a regulation) that permits such higher maximum age in compliance with licensure requirements for child-and youth-serving facilities’’ after ‘‘18 years of age’’. Par. (3)(A)(ii). Pub. L. 110–378, § 10(a)(2)(B), sub- stituted ‘‘age and either—’’ for ‘‘age;’’ and added subcls. (I) and (II). Pars. (4) to (8). Pub. L. 110–378, § 10(b), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), re- spectively. 2003—Subsec. (3)(A)(i). Pub. L. 108–96 inserted ‘‘, or, in the case of a youth seeking shelter in a center under part A, not more than 18 years of age’’ after ‘‘of age’’. § 11280. Authorization of appropriations (a) In general (1) Authorization There are authorized to be appropriated to carry out this subchapter (other than part E) $127,421,000 for each of fiscal years 2019 through 2020. (2) Allocation (A) Parts A and B From the amount appropriated under para- graph (1) for a fiscal year, the Secretary shall reserve not less than 90 percent to carry out parts A and B. (B) Part B Of the amount reserved under subpara- graph (A), 45 percent and, in those fiscal years in which continuation grant obliga- tions and the quality and number of appli- cants for parts A and B warrant not more than 55 percent, shall be reserved to carry out part B. (3) Parts C and D (A) In general In each fiscal year, after reserving the amounts required by paragraph (2), the Sec- retary shall use the remaining amount (if any) to carry out parts C and D (other than section 11245 of this title). (B) Periodic estimate Of the amount authorized to be appro- priated under paragraph (1), such sums as may be necessary shall be made available to carry out section 11245 of this title for each of fiscal years 2019 through 2020. Page 283 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11280 (4) Part E There are authorized to be appropriated to carry out part E $25,000,000 for each of fiscal years 2019 through 2020. (b) Separate identification required No funds appropriated to carry out this sub- chapter may be combined with funds appro- priated under any other Act if the purpose of combining such funds is to make a single discre- tionary grant, or a single discretionary pay- ment, unless such funds are separately identi- fied in all grants and contracts and are used for the purposes specified in this subchapter. (Pub. L. 93–415, title III, § 388, formerly § 331, Sept. 7, 1974, 88 Stat. 1132; Pub. L. 94–273, § 32(c), Apr. 21, 1976, 90 Stat. 380; renumbered § 341 and amended Pub. L. 95–115, § 7(c), (d), Oct. 3, 1977, 91 Stat. 1059, 1060; Pub. L. 96–509, § 2(b), Dec. 8, 1980, 94 Stat. 2750; renumbered § 331 and amended Pub. L. 98–473, title II, § 657(a)–(d), (f), Oct. 12, 1984, 98 Stat. 2124, 2125; renumbered § 366 and amended Pub. L. 100–690, title VII, §§ 7273(d), (e)(2), 7280, Nov. 18, 1988, 102 Stat. 4455, 4459; Pub. L. 101–204, title X, §§ 1001(e)(2), 1003(3), Dec. 7, 1989, 103 Stat. 1827; renumbered § 385 and amended Pub. L. 102–586, § 3(g)(1)(A)(ii), (i), Nov. 4, 1992, 106 Stat. 5022, 5026; renumbered § 388 and amended Pub. L. 106–71, § 3(m), (n)(2), Oct. 12, 1999, 113 Stat. 1040, 1041; Pub. L. 108–96, title I, § 117, Oct. 10, 2003, 117 Stat. 1170; Pub. L. 110–378, § 11, Oct. 8, 2008, 122 Stat. 4073; Pub. L. 115–385, title IV, § 402(b), Dec. 21, 2018, 132 Stat. 5159.) Editorial Notes CODIFICATION Section was formerly classified to section 5751 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. (a)(1). Pub. L. 115–385, § 402(b)(1), struck out ‘‘section 11245 of this title and’’ before ‘‘part E)’’ and substituted ‘‘$127,421,000 for each of fiscal years 2019 through 2020’’ for ‘‘$140,000,000 for fiscal year 2009, and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013’’. Subsec. (a)(3)(B). Pub. L. 115–385, § 402(b)(2), added sub- par. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out section 11245 of this title such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.’’ Subsec. (a)(4). Pub. L. 115–385, § 402(b)(3), substituted ‘‘each of fiscal years 2019 through 2020’’ for ‘‘fiscal year 2009 and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013’’. 2008—Subsec. (a)(1). Pub. L. 110–378, § 11(1), substituted ‘‘are authorized’’ for ‘‘is authorized’’, ‘‘section 5714–25 of this title and part E) $140,000,000 for fiscal year 2009’’ for ‘‘part E of this subchapter) $105,000,000 for fiscal year 2004’’, and ‘‘2010, 2011, 2012, and 2013’’ for ‘‘2005, 2006, 2007, and 2008’’. Subsec. (a)(3). Pub. L. 110–378, § 11(2), designated exist- ing provisions as subpar. (A), inserted heading, inserted ‘‘(other than section 5714–25 of this title)’’ before pe- riod, and added subpar. (B). Subsec. (a)(4). Pub. L. 110–378, § 11(3), substituted ‘‘are authorized’’ for ‘‘is authorized’’ and ‘‘$25,000,000 for fis- cal year 2009 and such sums as may be necessary for fis- cal years 2010, 2011, 2012, and 2013’’ for ‘‘such sums as may be necessary for fiscal years 2004, 2005, 2006, 2007, and 2008’’. 2003—Subsec. (a)(1). Pub. L. 108–96, § 117(a), sub- stituted ‘‘$105,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal years 2005, 2006, 2007, and 2008’’ for ‘‘such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003’’. Subsec. (a)(2)(B). Pub. L. 108–96, § 117(c), substituted ‘‘45 percent and, in those fiscal years in which continu- ation grant obligations and the quality and number of applicants for parts A and B warrant not more than 55 percent’’ for ‘‘not less than 20 percent, and not more than 30 percent’’. Subsec. (a)(4). Pub. L. 108–96, § 117(b), substituted ‘‘2004, 2005, 2006, 2007, and 2008’’ for ‘‘2000, 2001, 2002, and 2003’’. 1999—Pub. L. 106–71, § 3(m), amended section catchline and text generally, substituting provisions relating to appropriations for fiscal years 2000 to 2003 for provi- sions relating to appropriations for fiscal years 1993 to 1996. Subsec. (a)(4). Pub. L. 106–71, § 3(n)(2), added par. (4). 1992—Pub. L. 102–586, § 3(i), which directed the amend- ment of section ‘‘366 of the Juvenile Justice and Delin- quency Act of 1974 (42 U.S.C. 5751)’’, was executed to this section, which is section 385 of the Juvenile Jus- tice and Delinquency Prevention Act of 1974 (Pub. L. 93–415), to reflect the probable intent of Congress and the intervening renumbering of section 366 of Pub. L. 93–415 as section 385 by section 3(g)(1)(A)(ii) of Pub. L. 102–586. See notes below. Subsec. (a)(1). Pub. L. 102–586, § 3(i)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘To carry out the purposes of part A of this subchapter there are authorized to be appropriated such sums as may be necessary for fiscal years 1989, 1990, 1991, and 1992.’’ Subsec. (a)(3) to (5). Pub. L. 102–586, § 3(i)(1)(B), added pars. (3) to (5). Subsec. (b)(1). Pub. L. 102–586, § 3(i)(2), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘Subject to paragraph (2), to carry out the pur- poses of part B of this subchapter, there are authorized to be appropriated $5,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992.’’ Subsecs. (c) to (e). Pub. L. 102–586, § 3(i)(3), (4), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1989—Subsec. (a). Pub. L. 101–204, § 1001(e)(2), amended directory language of Pub. L. 100–690, § 7280(2), see 1988 Amendment note below. Subsec. (a)(1). Pub. L. 101–204, § 1003(3), substituted ‘‘are authorized’’ for ‘‘is authorized’’. 1988—Subsec. (a). Pub. L. 100–690, § 7280, as amended by Pub. L. 101–204, § 1001(e)(2), designated existing provi- sions as par. (1), struck out ‘‘1985, 1986, 1987, and 1988’’ after ‘‘fiscal years’’, inserted ‘‘1989, 1990, 1991, and 1992’’, and added par. (2). Subsecs. (b) to (d). Pub. L. 100–690, § 7273(d), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1984—Pub. L. 98–473, § 657(a), amended section catch- line. Subsec. (a). Pub. L. 98–473, § 657(b), substituted ‘‘such sums as may be necessary for fiscal years 1985, 1986, 1987, and 1988’’ for ‘‘for each of the fiscal years ending September 30, 1981, September 30, 1982, September 30, 1983, and September 30, 1984 the sum of $25,000,000’’. Subsec. (b). Pub. L. 98–473, § 657(c), struck out ‘‘Asso- ciate’’ before ‘‘Administrator’’. Subsec. (c). Pub. L. 98–473, § 657(d), added subsec. (c). 1980—Subsec. (a). Pub. L. 96–509 substituted provi- sions authorizing appropriations of $25,000,000 for each of fiscal years ending Sept. 30, 1981, 1982, 1983, and 1984, for provisions that had authorized appropriations of $10,000,000 for each of fiscal years ending Sept. 30, 1975, 1976, and 1977, and $25,000,000 for each of fiscal years ending Sept. 30, 1978, 1979, and 1980. Page 284 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11281 1977—Subsec. (a). Pub. L. 95–115, § 7(d)(1), inserted pro- visions authorizing appropriations for fiscal years end- ing Sept. 30, 1978, 1979, and 1980. Subsec. (b). Pub. L. 95–115, § 7(d)(2), substituted provi- sions relating to consultative and coordinating require- ments for funded programs and activities, for provi- sions relating to authorization for funding surveys under part B of this subchapter. 1976—Pub. L. 94–273 substituted ‘‘June 30, 1975, and 1976, and September 30, 1977’’ for ‘‘June 30, 1975, 1976, and 1977’’. 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 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, except that subsec. (c)(2), as enacted by section 657(d) of Pub. L. 98–473, not applicable with respect to any grant or payment made before Oct. 12, 1984, see section 670 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. § 11281. Restriction on use of funds (a) In general None of the funds contained in this subchapter may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (b) Separate accounting Any individual or entity who receives any funds contained in this subchapter and who car- ries out any program described in subsection (a) shall account for all funds used for such pro- gram separately from any funds contained in this subchapter. (Pub. L. 93–415, title III, § 389, as added Pub. L. 108–96, title I, § 120, Oct. 10, 2003, 117 Stat. 1171.) Editorial Notes CODIFICATION Section was formerly classified to section 5752 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER IV—MISSING CHILDREN § 11291. Findings The Congress finds that— (1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without the consent of that parent, under cir- cumstances which immediately place the child in grave danger; (2) many missing children are at great risk of both physical harm and sexual exploitation; (3) many missing children are runaways; (4) growing numbers of children are the vic- tims of child sexual exploitation, including child sex trafficking and sextortion, increas- ingly involving the use of new technology to access the Internet; (5) children may be separated from their par- ents or legal guardians as a result of national disasters such as hurricanes and floods; (6) sex offenders pose a threat to children; and (7) the Office of Juvenile Justice and Delin- quency Prevention administers programs under this subchapter, including programs that prevent and address offenses committed against vulnerable children and support miss- ing children’s organizations, including the Na- tional Center for Missing and Exploited Chil- dren that— (A) serves as a nonprofit, national resource center and clearinghouse to provide assist- ance to victims, families, child-serving pro- fessionals, and the general public; (B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Depart- ment of the Treasury, the Department of State, U.S. Immigration and Customs En- forcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental orga- nizations in the effort to find missing chil- dren and to prevent child victimization; and (C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law en- forcement agencies, nongovernmental orga- nizations, and corporate partners across the United States and around the world in- stantly. (Pub. L. 93–415, title IV, § 402, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2125; amended Pub. L. 106–71, § 2(a), Oct. 12, 1999, 113 Stat. 1032; Pub. L. 108–96, title II, § 201, Oct. 10, 2003, 117 Stat. 1171; Pub. L. 110–240, § 2, June 3, 2008, 122 Stat. 1560; Pub. L. 113–38, § 2(a), Sept. 30, 2013, 127 Stat. 527; Pub. L. 115–267, § 2(a), Oct. 11, 2018, 132 Stat. 3756; Pub. L. 115–393, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5267.) Editorial Notes CODIFICATION Section was formerly classified to section 5771 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 402 of Pub. L. 93–415 amended section 3888 of Title 42, The Public Health and Welfare, and re- pealed section 3889 of Title 42, and was repealed by Pub. L. 95–115, § 10, Oct. 3, 1977, 91 Stat. 1061, and Pub. L. 107–273, div. C, title II, § 12221(a)(4), Nov. 2, 2002, 116 Stat. 1894. AMENDMENTS 2018—Pub. L. 115–393 made amendments to this sec- tion substantially identical to those made by Pub. L.