
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-313 Section 112]
[Document affected by Public Law 106-367]
[CITE: 42USC13751]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                     SUBCHAPTER II--CRIME PREVENTION
 
           Part B--Local Crime Prevention Block Grant Program
 
Sec. 13751. Payments to local governments


(a) Payment and use

                             (1) Payment

        The Attorney General,\1\ shall pay to each unit of general local 
    government which qualifies for a payment under this part an amount 
    equal to the sum of any amounts allocated to the government under 
    this part for each payment period. The Attorney General shall pay 
    such amount from amounts appropriated under section 13752 of this 
    title.
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------

                               (2) Use

        Amounts paid to a unit of general local government under this 
    section shall be used by that unit for carrying out one or more of 
    the following purposes:
            (A) Education, training, research, prevention, diversion, 
        treatment, and rehabilitation programs to prevent juvenile 
        violence, juvenile gangs, and the use and sale of illegal drugs 
        by juveniles.
            (B) Programs to prevent crimes against the elderly based on 
        the concepts of the Triad model.
            (C) Programs that prevent young children from becoming gang 
        involved, including the award of grants or contracts to 
        community-based service providers that have a proven track 
        record of providing services to children ages 5 to 18.
            (D) Saturation jobs programs, offered either separately or 
        in conjunction with the services provided for under the Youth 
        Fair Chance Program, that provide employment opportunities 
        leading to permanent unsubsidized employment for disadvantaged 
        young adults 16 through 25 years of age.
            (E) Midnight sports league programs that shall require each 
        player in the league to attend employment counseling, job 
        training, and other educational classes provided under the 
        program, which shall be held in conjunction with league sports 
        games at or near the site of the games.
            (F) Supervised sports and recreation programs, including 
        Olympic Youth Development Centers established in cooperation 
        with the United States Olympic Committee, that are offered--
                (i) after school and on weekends and holidays, during 
            the school year; and
                (ii) as daily (or weeklong) full-day programs (to the 
            extent available resources permit) or as part-day programs, 
            during the summer months.

            (G) Prevention and enforcement programs to reduce--
                (i) the formation or continuation of juvenile gangs; and
                (ii) the use and sale of illegal drugs by juveniles.

            (H) Youth anticrime councils to give intermediate and 
        secondary school students a structured forum through which to 
        work with community organizations, law enforcement officials, 
        government and media representatives, and school administrators 
        and faculty to address issues regarding youth and violence.
            (I) Award of grants or contracts to the Boys and Girls Clubs 
        of America, a national nonprofit youth organization, to 
        establish Boys and Girls Clubs in public housing.
            (J) Supervised visitation centers for children who have been 
        removed from their parents and placed outside the home as a 
        result of abuse or neglect or other risk of harm to them and for 
        children whose parents are separated or divorced and the 
        children are at risk because--
                (i) there is documented sexual, physical, or emotional 
            abuse as determined by a court of competent jurisdiction;
                (ii) there is suspected or elevated risk of sexual, 
            physical, or emotional abuse, or there have been threats of 
            parental abduction of the child;
                (iii) due to domestic violence, there is an ongoing risk 
            of harm to a parent or child;
                (iv) a parent is impaired because of substance abuse or 
            mental illness;
                (v) there are allegations that a child is at risk for 
            any of the reasons stated in clauses (i), (ii), (iii), and 
            (iv), pending an investigation of the allegations; or
                (vi) other circumstances, as determined by a court of 
            competent jurisdiction, point to the existence of such a 
            risk.

            (K) Family Outreach Teams which provide a youth worker, a 
        parent worker, and a school-parent organizer to provide training 
        in outreach, mentoring, community organizing and peer counseling 
        and mentoring to locally recruited volunteers in a particular 
        area.
            (L) To establish corridors of safety for senior citizens by 
        increasing the numbers, presence, and watchfulness of law 
        enforcement officers, community groups, and business owners and 
        employees.
            (M) Teams or units involving both specially trained law 
        enforcement professionals and child or family services 
        professionals that on a 24-hour basis respond to or deal with 
        violent incidents in which a child is involved as a perpetrator, 
        witness, or victim.
            (N) Dwelling units to law enforcement officers without 
        charge or at a substantially reduced rent for the purpose of 
        providing greater security for residents of high crime areas.

(b) Timing of payments

    The Attorney General shall pay each amount allocated under this part 
to a unit of general local government for a payment period by the later 
of 90 days after the date the amount is available or the first day of 
the payment period if the unit of general local government has provided 
the Attorney General with the assurances required by section 13753(d) of 
this title.

(c) Adjustments

                           (1) In general

        Subject to paragraph (2), the Attorney General shall adjust a 
    payment under this part to a unit of general local government to the 
    extent that a prior payment to the government was more or less than 
    the amount required to be paid.

                         (2) Considerations

        The Attorney General may increase or decrease under this 
    subsection a payment to a unit of general local government only if 
    the Attorney General determines the need for the increase or 
    decrease, or the unit requests the increase or decrease, within one 
    year after the end of the payment period for which the payment was 
    made.

(d) Reservation for adjustments

    The Attorney General may reserve a percentage of not more than 2 
percent of the amount under this section for a payment period for all 
units of general local government in a State if the Attorney General 
considers the reserve is necessary to ensure the availability of 
sufficient amounts to pay adjustments after the final allocation of 
amounts among the units of general local government in the State.

(e) Repayment of unexpended amounts

                       (1) Repayment required

        A unit of general local government shall repay to the Attorney 
    General, by not later than 15 months after receipt from the Attorney 
    General, any amount that is--
            (A) paid to the unit from amounts appropriated under the 
        authority of this section; and
            (B) not expended by the unit within one year after receipt 
        from the Attorney General.

                  (2) Penalty for failure to repay

        If the amount required to be repaid is not repaid, the Attorney 
    General shall reduce payments in future payment periods accordingly.

                    (3) Deposit of amounts repaid

        Amounts received by the Attorney General as repayments under 
    this subsection shall be deposited in a designated fund for future 
    payments to units of general local government.

(f) Nonsupplanting requirement

    Funds made available under this part to units of local government 
shall not be used to supplant State or local funds, but will be used to 
increase the amount of funds that would, in the absence of funds under 
this part, be made available from State or local sources.

(Pub. L. 103-322, title III, Sec. 30201, Sept. 13, 1994, 108 Stat. 
1838.)


                  Establishment of Boys and Girls Clubs

    Pub. L. 104-294, title IV, Sec. 401, Oct. 11, 1996, 110 Stat. 3496, 
as amended by Pub. L. 105-133, Sec. 1, Dec. 2, 1997, 111 Stat. 2568, 
provided that:
    ``(a) Findings and Purpose.--
        ``(1) Findings.--The Congress finds that--
            ``(A) the Boys and Girls Clubs of America, chartered by an 
        Act of Congress on December 10, 1991 [Pub. L. 102-199, see 
        Tables for classification], during its 90-year history as a 
        national organization, has proven itself as a positive force in 
        the communities it serves;
            ``(B) there are 1,810 Boys and Girls Clubs facilities 
        throughout the United States, Puerto Rico, and the United States 
        Virgin Islands, serving 2,420,000 youths nationwide;
            ``(C) 71 percent of the young people who benefit from Boys 
        and Girls Clubs programs live in our inner cities and urban 
        areas;
            ``(D) Boys and Girls Clubs are locally run and have been 
        exceptionally successful in balancing public funds with private 
        sector donations and maximizing community involvement;
            ``(E) Boys and Girls Clubs are located in 289 public housing 
        sites across the Nation;
            ``(F) public housing projects in which there is an active 
        Boys and Girls Club have experienced a 25 percent reduction in 
        the presence of crack cocaine, a 22 percent reduction in overall 
        drug activity, and a 13 percent reduction in juvenile crime;
            ``(G) these results have been achieved in the face of 
        national trends in which overall drug use by youth has increased 
        105 percent since 1992 and 10.9 percent of the Nation's young 
        people use drugs on a monthly basis; and
            ``(H) many public housing projects and other distressed 
        areas are still underserved by Boys and Girls Clubs.
        ``(2) Purpose.--The purpose of this section is to provide 
    adequate resources in the form of seed money for the Boys and Girls 
    Clubs of America to establish 1,000 additional local clubs where 
    needed, with particular emphasis placed on establishing clubs in 
    public housing projects and distressed areas, and to ensure that 
    there are a total of not less than 2,500 Boys and Girls Clubs of 
    America facilities in operation not later than December 31, 1999.
    ``(b) Definitions.--For purposes of this section--
        ``(1) the terms `public housing' and `project' have the same 
    meanings as in section 3(b) of the United States Housing Act of 1937 
    [42 U.S.C. 1437a(b)]; and
        ``(2) the term `distressed area' means an urban, suburban, rural 
    area, or Indian reservation with a population of high risk youth as 
    defined in section 517 of the Public Health Service Act (42 U.S.C. 
    290bb-23) of sufficient size to warrant the establishment of a Boys 
    and Girls Club.
    ``(c) Establishment.--
        ``(1) In general.--For each of the fiscal years 1997, 1998, 
    1999, 2000, and 2001, the Director of the Bureau of Justice 
    Assistance of the Department of Justice shall make a grant to the 
    Boys and Girls Clubs of America for the purpose of establishing and 
    extending Boys and Girls Clubs facilities where needed, with 
    particular emphasis placed on establishing clubs in and extending 
    services to public housing projects and distressed areas.
        ``(2) Applications.--The Attorney General shall accept an 
    application for a grant under this subsection if submitted by the 
    Boys and Girls Clubs of America, and approve or deny the grant not 
    later than 90 days after the date on which the application is 
    submitted, if the application--
            ``(A) includes a long-term strategy to establish 1,000 
        additional Boys and Girls Clubs and detailed summary of those 
        areas in which new facilities will be established, or in which 
        existing facilities will be expanded to serve additional youths, 
        during the next fiscal year;
            ``(B) includes a plan to ensure that there are a total of 
        not less than 2,500 Boys and Girls Clubs of America facilities 
        in operation before January 1, 2000;
            ``(C) certifies that there will be appropriate coordination 
        with those communities where clubs will be located; and
            ``(D) explains the manner in which new facilities will 
        operate without additional, direct Federal financial assistance 
        to the Boys and Girls Clubs once assistance under this 
        subsection is discontinued.
    ``(d) Report.--Not later than May 1 of each fiscal year for which 
amounts are made available to carry out this Act [see Tables for 
classification], the Attorney General shall submit to the Committees on 
the Judiciary of the Senate and the House of Representatives a report 
that details the progress made under this Act in establishing Boys and 
Girls Clubs in public housing projects and other distressed areas, and 
the effectiveness of the programs in reducing drug abuse and juvenile 
crime.
    ``(e) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    carry out this section--
            ``(A) $20,000,000 for fiscal year 1997;
            ``(B) $20,000,000 for fiscal year 1998;
            ``(C) $20,000,000 for fiscal year 1999;
            ``(D) $20,000,000 for fiscal year 2000; and
            ``(E) $20,000,000 for fiscal year 2001.
        ``(2) Violent crime reduction trust fund.--The sums authorized 
    to be appropriated by this subsection may be made from the Violent 
    Crime Reduction Trust Fund.
    ``(f) Role Model Grants.--Of amounts made available under subsection 
(e) for any fiscal year--
        ``(1) not more than 5 percent may be used to provide a grant to 
    the Boys and Girls Clubs of America for administrative, travel, and 
    other costs associated with a national role-model speaking tour 
    program; and
        ``(2) no amount may be used to compensate speakers other than to 
    reimburse speakers for reasonable travel and accommodation costs 
    associated with the program described in paragraph (1).''
    [Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 13753, 13755, 14214 of this 
title.
