34 U.S.C. § 11184 | Use of funds

(a)

In general

Funds paid pursuant to this subchapter to any public or private agency, organization, or institution, or to any individual (either directly or through a State planning agency) may be used for—

(1)

planning, developing, or operating the program designed to carry out this subchapter; and

(2)

not more than 50 per centum of the cost of the construction of any innovative community-based facility for fewer than 20 persons which, in the judgment of the Administrator, is necessary to carry out this subchapter.

(b)

Prohibition against use of funds in construction

Except as provided in subsection (a), no funds paid to any public or private agency, or institution or to any individual under this subchapter (either directly or through a State agency or local agency) may be used for construction.

(c)

Funds paid to residential programs

No funds may be paid under this subchapter to a residential program (excluding a program in a private residence) unless—

(1)

there is in effect in the State in which such placement or care is provided, a requirement that the provider of such placement or such care may be licensed only after satisfying, at a minimum, explicit standards of discipline that prohibit neglect, and physical and mental abuse, as defined by State law;

(2)

such provider is licensed as described in paragraph (1) by the State in which such placement or care is provided; and

(3)

in a case involving a provider located in a State that is different from the State where the order for placement originates, the chief administrative officer of the public agency or the officer of the court placing the juvenile certifies that such provider—

(A)

satisfies the originating State’s explicit licensing standards of discipline that prohibit neglect, physical and mental abuse, and standards for education and health care as defined by that State’s law; and

(B)

otherwise complies with the Interstate Compact on the Placement of Children as entered into by such other State.

Pub. L. 93–415, title II, § 299C Pub. L. 100–690, title VII, § 7266(4)Nov. 18, 1988102 Stat. 4449 Pub. L. 102–586, § 2(i)(1)(B)Nov. 4, 1992106 Stat. 5006 Pub. L. 107–273, div. C, title II, § 12215Nov. 2, 2002116 Stat. 1892 (, formerly § 294, as added , , ; renumbered § 299C, , , ; , , .)

Editorial Notes

Codification

section 5674 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial 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

Pub. L. 107–2732002—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

section 5633(a)(10)(D) of this title section 5665(a)(3) of this title“(1) Funds paid pursuant to and to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved.

section 5633(a)(10)(D) of this title section 5665(a)(3) of this title“(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under or are used either directly or indirectly in any manner prohibited in this paragraph.”

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–273Nov. 2, 2002Nov. 2, 2002section 12223 of Pub. L. 107–273 section 11101 of this titleAmendment by effective on the first day of the first fiscal year that begins after , and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after , see , set out as a note under .

Effective Date

Oct. 1, 1988section 7296(a) of Pub. L. 100–690 section 11101 of this titleSection effective , see , set out as an Effective Date of 1988 Amendment note under .