
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13791]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                     SUBCHAPTER II--CRIME PREVENTION
 
       Part D--Family and Community Endeavor Schools Grant Program
 
Sec. 13791. Community schools youth services and supervision 
        grant program
        

(a) Short title

    This section may be cited as the ``Community Schools Youth Services 
and Supervision Grant Program Act of 1994''.

(b) Definitions

    In this section--
        ``child'' means a person who is not younger than 5 and not older 
    than 18 years old.
        ``community-based organization'' means a private, locally 
    initiated, community-based organization that--
            (A) is a nonprofit organization, as defined in section 
        5603(23) of this title; and
            (B) is operated by a consortium of service providers, 
        consisting of representatives of 5 or more of the following 
        categories of persons:
                (i) Residents of the community.
                (ii) Business and civic leaders actively involved in 
            providing employment and business development opportunities 
            in the community.
                (iii) Educators.
                (iv) Religious organizations (which shall not provide 
            any sectarian instruction or sectarian worship in connection 
            with an activity funded under this subchapter).
                (v) Law enforcement agencies.
                (vi) Public housing agencies.
                (vii) Other public agencies.
                (viii) Other interested parties.

        ``eligible community'' means an area identified pursuant to 
    subsection (e) of this section.
        ``Indian tribe'' means a tribe, band, pueblo, nation, or other 
    organized group or community of Indians, including an Alaska Native 
    village (as defined in or established under the Alaska Native Claims 
    Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as 
    eligible for the special programs and services provided by the 
    United States to Indians because of their status as Indians.
        ``poverty line'' means the income official poverty line (as 
    defined by the Office of Management and Budget, and revised annually 
    in accordance with section 9902(2) of this title \1\ applicable to a 
    family of the size involved.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a closing 
parenthesis.
---------------------------------------------------------------------------
        ``public school'' means a public elementary school, as defined 
    in section 1001(i) \2\ of title 20, and a public secondary school, 
    as defined in section 1001(d) \2\ of title 20.
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------
        ``Secretary'' means the Secretary of Health and Human Services, 
    in consultation and coordination with the Attorney General.
        ``State'' means a State, the District of Columbia, the 
    Commonwealth of Puerto Rico, the Commonwealth of the Northern 
    Mariana Islands, American Samoa, Guam, and the United States Virgin 
    Islands.

(c) Program authority

                           (1) In general

        (A) Allocations for States and Indian country

            For any fiscal year in which the sums appropriated to carry 
        out this section equal or exceed $20,000,000, from the sums 
        appropriated to carry out this subsection, the Secretary shall 
        allocate, for grants under subparagraph (B) to community-based 
        organizations in each State, an amount bearing the same ratio to 
        such sums as the number of children in the State who are from 
        families with incomes below the poverty line bears to the number 
        of children in all States who are from families with incomes 
        below the poverty line. In view of the extraordinary need for 
        assistance in Indian country, an appropriate amount of funds 
        available under this part shall be made available for such 
        grants in Indian country.

        (B) Grants to community-based organizations from allocations

            For such a fiscal year, the Secretary may award grants from 
        the appropriate State or Indian country allocation determined 
        under subparagraph (A) on a competitive basis to eligible 
        community-based organizations to pay for the Federal share of 
        assisting eligible communities to develop and carry out programs 
        in accordance with this section.

        (C) Reallocation

            If, at the end of such a fiscal year, the Secretary 
        determines that funds allocated for community-based 
        organizations in a State or Indian country under subparagraph 
        (B) remain unobligated, the Secretary may use such funds to 
        award grants to eligible community-based organizations in 
        another State or Indian country to pay for such Federal share. 
        In awarding such grants, the Secretary shall consider the need 
        to maintain geographic diversity among the recipients of such 
        grants. Amounts made available through such grants shall remain 
        available until expended.

                       (2) Other fiscal years

        For any fiscal year in which the sums appropriated to carry out 
    this section are less than $20,000,000, the Secretary may award 
    grants on a competitive basis to eligible community-based 
    organizations to pay for the Federal share of assisting eligible 
    communities to develop and carry out programs in accordance with 
    this section.

                      (3) Administrative costs

        The Secretary may use not more than 3 percent of the funds 
    appropriated to carry out this section in any fiscal year for 
    administrative costs.

(d) Program requirements

                            (1) Location

        A community-based organization that receives a grant under this 
    section to assist in carrying out such a program shall ensure that 
    the program is carried out--
            (A) when appropriate, in the facilities of a public school 
        during nonschool hours; or
            (B) in another appropriate local facility in a State or 
        Indian country, such as a college or university, a local or 
        State park or recreation center, church, or military base, that 
        is--
                (i) in a location that is easily accessible to children 
            in the community; and
                (ii) in compliance with all applicable local ordinances.

                          (2) Use of funds

        Such community-based organization--
            (A) shall use funds made available through the grant to 
        provide, to children in the eligible community, services and 
        activities that--
                (i) \3\ shall include supervised sports programs, and 
            extracurricular and academic programs, that are offered--
---------------------------------------------------------------------------
    \3\ So in original. No cl. (ii) has been enacted.
---------------------------------------------------------------------------
                    (I) after school and on weekends and holidays, 
                during the school year; and
                    (II) as daily full-day programs (to the extent 
                available resources permit) or as part-day programs, 
                during the summer months;

            (B) in providing such extracurricular and academic programs, 
        shall provide programs such as curriculum-based supervised 
        educational, work force preparation, entrepreneurship, cultural, 
        health programs, social activities, arts and crafts programs, 
        dance programs, tutorial and mentoring programs, and other 
        related activities;
            (C) may use--
                (i) such funds for minor renovation of facilities that 
            are in existence prior to the operation of the program and 
            that are necessary for the operation of the program for 
            which the organization receives the grant, purchase of 
            sporting and recreational equipment and supplies, reasonable 
            costs for the transportation of participants in the program, 
            hiring of staff, provision of meals for such participants, 
            provision of health services consisting of an initial basic 
            physical examination, provision of first aid and nutrition 
            guidance, family counselling, parental training, and 
            substance abuse treatment where appropriate; and
                (ii) not more than 5 percent of such funds to pay for 
            the administrative costs of the program; and

            (D) may not use such funds to provide sectarian worship or 
        sectarian instruction.

(e) Eligible community identification

                         (1) Identification

        To be eligible to receive a grant under this section, a 
    community-based organization shall identify an eligible community to 
    be assisted under this section.

                            (2) Criteria

        Such eligible community shall be an area that meets such 
    criteria with respect to significant poverty and significant 
    juvenile delinquency, and such additional criteria, as the Secretary 
    may by regulation require.

(f) Applications

                      (1) Application required

        To be eligible to receive a grant under this section, a 
    community-based organization shall submit an application to the 
    Secretary at such time, in such manner, and accompanied by such 
    information, as the Secretary may reasonably require, and obtain 
    approval of such application.

                     (2) Contents of application

        Each application submitted pursuant to paragraph (1) shall--
            (A) describe the activities and services to be provided 
        through the program for which the grant is sought;
            (B) contain an assurance that the community-based 
        organization will spend grant funds received under this section 
        in a manner that the community-based organization determines 
        will best accomplish the objectives of this section;
            (C) contain a comprehensive plan for the program that is 
        designed to achieve identifiable goals for children in the 
        eligible community;
            (D) set forth measurable goals and outcomes for the program 
        that--
                (i) will--
                    (I) where appropriate, make a public school the 
                focal point of the eligible community; or
                    (II) make a local facility described in subsection 
                (d)(1)(B) of this section such a focal point; and

                (ii) may include reducing the percentage of children in 
            the eligible community that enter the juvenile justice 
            system, increasing the graduation rates, school attendance, 
            and academic success of children in the eligible community, 
            and improving the skills of program participants;

            (E) provide evidence of support for accomplishing such goals 
        and outcomes from--
                (i) community leaders;
                (ii) businesses;
                (iii) local educational agencies;
                (iv) local officials;
                (v) State officials;
                (vi) Indian tribal government officials; and
                (vii) other organizations that the community-based 
            organization determines to be appropriate;

            (F) contain an assurance that the community-based 
        organization will use grant funds received under this section to 
        provide children in the eligible community with activities and 
        services that shall include supervised sports programs, and 
        extracurricular and academic programs, in accordance with 
        subparagraphs (A) and (B) of subsection (d)(2) of this section;
            (G) contain a list of the activities and services that will 
        be offered through the program for which the grant is sought and 
        sponsored by private nonprofit organizations, individuals, and 
        groups serving the eligible community, including--
                (i) extracurricular and academic programs, such as 
            programs described in subsection (d)(2)(B) of this section; 
            and
                (ii) activities that address specific needs in the 
            community;

            (H) demonstrate the manner in which the community-based 
        organization will make use of the resources, expertise, and 
        commitment of private entities in carrying out the program for 
        which the grant is sought;
            (I) include an estimate of the number of children in the 
        eligible community expected to be served pursuant to the 
        program;
            (J) include a description of charitable private resources, 
        and all other resources, that will be made available to achieve 
        the goals of the program;
            (K) contain an assurance that the community-based 
        organization will use competitive procedures when purchasing, 
        contracting, or otherwise providing for goods, activities, or 
        services to carry out programs under this section;
            (L) contain an assurance that the program will maintain a 
        staff-to-participant ratio (including volunteers) that is 
        appropriate to the activity or services provided by the program;
            (M) contain an assurance that the program will maintain an 
        average attendance rate of not less than 75 percent of the 
        participants enrolled in the program, or will enroll additional 
        participants in the program;
            (N) contain an assurance that the community-based 
        organization will comply with any evaluation under subsection 
        (m) \4\ of this section, any research effort authorized under 
        Federal law, and any investigation by the Secretary;
---------------------------------------------------------------------------
    \4\ So in original. Probably should be subsection ``(k)''.
---------------------------------------------------------------------------
            (O) contain an assurance that the community-based 
        organization shall prepare and submit to the Secretary an annual 
        report regarding any program conducted under this section;
            (P) contain an assurance that the program for which the 
        grant is sought will, to the maximum extent possible, 
        incorporate services that are provided solely through non-
        Federal private or nonprofit sources; and
            (Q) contain an assurance that the community-based 
        organization will maintain separate accounting records for the 
        program.

                            (3) Priority

        In awarding grants to carry out programs under this section, the 
    Secretary shall give priority to community-based organizations who 
    submit applications that demonstrate the greatest effort in 
    generating local support for the programs.

(g) Eligibility of participants

                           (1) In general

        To the extent possible, each child who resides in an eligible 
    community shall be eligible to participate in a program carried out 
    in such community that receives assistance under this section.

                           (2) Eligibility

        To be eligible to participate in a program that receives 
    assistance under this section, a child shall provide the express 
    written approval of a parent or guardian, and shall submit an 
    official application and agree to the terms and conditions of 
    participation in the program.

                        (3) Nondiscrimination

        In selecting children to participate in a program that receives 
    assistance under this section, a community-based organization shall 
    not discriminate on the basis of race, color, religion, sex, 
    national origin, or disability.

(h) Peer review panel

                          (1) Establishment

        The Secretary may establish a peer review panel that shall be 
    comprised of individuals with demonstrated experience in designing 
    and implementing community-based programs.

                           (2) Composition

        A peer review panel shall include at least 1 representative from 
    each of the following:
            (A) A community-based organization.
            (B) A local government.
            (C) A school district.
            (D) The private sector.
            (E) A charitable organization.
            (F) A representative of the United States Olympic Committee, 
        at the option of the Secretary.

                            (3) Functions

        A peer review panel shall conduct the initial review of all 
    grant applications received by the Secretary under subsection (f) of 
    this section, make recommendations to the Secretary regarding--
            (A) grant funding under this section; and
            (B) a design for the evaluation of programs assisted under 
        this section.

(i) Investigations and inspections

    The Secretary may conduct such investigations and inspections as may 
be necessary to ensure compliance with the provisions of this section.

(j) Payments; Federal share; non-Federal share

                            (1) Payments

        The Secretary shall, subject to the availability of 
    appropriations, pay to each community-based organization having an 
    application approved under subsection (f) of this section the 
    Federal share of the costs of developing and carrying out programs 
    described in subsection (c) of this section.

                          (2) Federal share

        The Federal share of such costs shall be no more than--
            (A) 75 percent for each of fiscal years 1995 and 1996;
            (B) 70 percent for fiscal year 1997; and
            (C) 60 percent for fiscal year 1998 and thereafter.

                        (3) Non-Federal share

        (A) In general

            The non-Federal share of such costs may be in cash or in 
        kind, fairly evaluated, including plant, equipment, and services 
        (including the services described in subsection (f)(2)(P) of 
        this section), and funds appropriated by the Congress for the 
        activity of any agency of an Indian tribal government or the 
        Bureau of Indian Affairs on any Indian lands may be used to 
        provide the non-Federal share of the costs of programs or 
        projects funded under this part.

        (B) Special rule

            At least 15 percent of the non-Federal share of such costs 
        shall be provided from private or nonprofit sources.

(k) Evaluation

    The Secretary shall conduct a thorough evaluation of the programs 
assisted under this section, which shall include an assessment of--
        (1) the number of children participating in each program 
    assisted under this section;
        (2) the academic achievement of such children;
        (3) school attendance and graduation rates of such children; and
        (4) the number of such children being processed by the juvenile 
    justice system.

(Pub. L. 103-322, title III, Sec. 30401, Sept. 13, 1994, 108 Stat. 1846; 
Pub. L. 105-244, title I, Sec. 102(a)(13)(N), Oct. 7, 1998, 112 Stat. 
1621.)

                       References in Text

    This subchapter, referred to in subsec. (b), was in the original 
``this title'', meaning title III of Pub. L. 103-322, Sept. 13, 1994, 
108 Stat. 1836, which enacted this subchapter, sections 3796ff to 
3796ff-4 of this title, and sections 6701 to 6720 of Title 31, Money and 
Finance, amended sections 3791, 3793, and 3797 of this title, sections 
2502 to 2504, 2506, and 2512 of Title 16, Conservation, and section 3621 
of Title 18, Crimes and Criminal Procedure, and enacted provisions set 
out as notes under section 13701 of this title and sections 6701 and 
6702 of Title 31. For complete classification of title III to the Code, 
see Tables.
    The Alaska Native Claims Settlement Act, referred to in subsec. (b), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.
    Section 1001 of title 20, referred to in subsec. (b), does not have 
a subsec. (d) or (i) and does not define ``elementary school'' or 
``secondary school''. However, such terms are defined in section 1003 of 
Title 20, Education.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-244 substituted ``section 1001(i)'' 
for ``section 1141(i)'' and ``section 1001(d)'' for ``section 1141(d)'' 
in definition for ``public school''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in sections 13793, 14214 of this title.
