42 U.S.C. § 13791 : US Code - Section 13791: Community schools youth services and supervision grant program

Search 42 U.S.C. § 13791 : US Code - Section 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.
"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.
"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 -
(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;
(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.