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TITLE III-CRIME PREVENTION Sections 30101-30401
Subtitle A-Ounce of Prevention Council
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
(a) Establishment .-
(1) In general .-There is established an Ounce of Prevention
(referred to in this title as the "Council"), the members of which-
(A) shall include the Attorney General, the Secretary of Education,
the Secretary of Health and Human Services, the Secretary of Housing
and Urban Development, the Secretary of Labor, the Secretary of
Agriculture, the Secretary of the Treasury, the Secretary of the
Interior, and the Director of the Office of National Drug Control
Policy; and
(B) may include other officials of the executive branch as directed by
the President.
(2) Chair .-The President shall designate the Chair of the Council
from among its members (referred to in this title as the "Chair").
(3) Staff .-The Council may employ any necessary staff to carry out
its functions, and may delegate any of its functions or powers to a
member or members of the Council.
(b) Program Coordination .-For any program authorized under the
Violent Crime Control and Law Enforcement Act of 1994, the Ounce of
Prevention Council Chair,
only at the request of the Council member with jurisdiction over that
program, may coordinate that program, in whole or in part, through the
Council.
(c) Administrative Responsibilities and Powers .-In addition to the
program coordination provided in subsection (b), the Council shall be
responsible for such functions as coordinated planning, development of
a comprehensive crime prevention program catalogue, provision of
assistance to communities and community-based organizations seeking
information regarding crime prevention programs and integrated program
service delivery, and development of strategies for program
integration and grant simplification. The Council shall have the
authority to audit the expenditure of funds received by grantees under
programs administered by or coordinated through the Council. In
consultation with the Council, the Chair may issue regulations and
guidelines to carry out this subtitle and programs administered by or
coordinated through the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) In General .-The Council may make grants for-
(1) summer and after-school (including weekend and holiday) education
and recreation programs;
(2) mentoring, tutoring, and other programs involving participation by
adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job placement;
and
(4) prevention and treatment programs to reduce substance abuse, child
abuse, and adolescent pregnancy, including outreach programs for
at-risk families.
(b) Applicants .-Applicants may be Indian tribal governments, cities,
counties, or other municipalities, school boards, colleges and
universities, private nonprofit entities, or consortia of eligible
applicants. Applicants must show that a planning process has occurred
that has involved organizations, institutions, and residents of target
areas, including young people, and that there has been cooperation
between neighborhood-based entities, municipality-wide bodies, and
local private-sector representatives. Applicants must demonstrate the
substantial involvement of neighborhood-based entities in the carrying
out of the proposed activities. Proposals must demonstrate that a
broad base of collaboration and coordination will occur in the
implementation of the proposed activities, involving cooperation among
youth-serving organizations, schools, health and social service
providers, employers, law enforcement professionals, local government,
and residents of target areas, including young people. Applications
shall be geographically based in particular neighborhood or sections
of municipalities or particular segments of rural areas, and
applications shall demonstrate how programs will serve substantial
proportions of children and youth resident in the target area with
activities designed to have substantial impact on their lives.
(c) Priority .-In making such grants, the Council shall give
preference to coalitions consisting of a broad spectrum of
community-based and social service organizations that have a
coordinated team approach to reducing gang membership and the effects
of substance abuse, and providing alternatives to at-risk youth.
(d) Federal Share .-
(1) In general .-The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in
the applications submitted under subsection (b) for the fiscal year
for which the projects receive assistance under this title.
(2) Waiver .-The Council may waive the 25 percent matching requirement
under paragraph (1) upon making a determination that a waiver is
equitable in view of the financial circumstances affecting the ability
of the applicant to meet that requirement.
(3) Non-federal share .-The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including plant, equipment, and
services.
(4) Nonsupplanting requirement .-Funds made available under this title
to a governmental entity shall not be used to supplant State or local
funds, or in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs, but shall be used to increase the amount
of funds that would, in the absence of Federal funds received under
this title, be made available from State or local sources, or in the
case of Indian tribal governments, from funds supplied by the Bureau
of Indian Affairs.
(5) Evaluation .-The Council shall conduct a thorough evaluation of
the programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, "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.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $ 1,500,000 for fiscal year 1995;
(2) $ 14,700,000 for fiscal year 1996;
(3) $ 18,000,000 for fiscal year 1997; [*H8785]
(4) $ 18,000,000 for fiscal year 1998;
(5) $ 18,900,000 for fiscal year 1999; and
(6) $ 18,900,000 for fiscal year 2000.
Subtitle B-Local Crime Prevention Block Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Payment and Use .-
(1) Payment .-The Attorney General, shall pay to each unit of general
local government which qualifies for a payment under this subtitle an
amount equal to the sum of any amounts allocated to the government
under this subtitle for each payment period. The Attorney General
shall pay such amount from amounts appropriated under section 30202.
(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 subtitle 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 30203(d).
(c) Adjustments .-
(1) In general .-Subject to paragraph (2), the Attorney General shall
adjust a payment under this subtitle 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
subtitle 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 subtitle, be made
available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this subtitle-
(1) $ 75,940,000 for fiscal year 1996;
(2) $ 75,940,000 for fiscal year 1997;
(3) $ 75,940,000 for fiscal year 1998;
(4) $ 75,940,000 for fiscal year 1999; and
(5) $ 73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) Administrative Costs .-Up to 2.5 percent of the amount authorized
to be appropriated under subsection (b) is authorized to be
appropriated for the period fiscal year 1995 through fiscal year 2000
to be available for administrative costs by the Attorney General in
furtherance of the purposes of the program. Such sums are to remain
available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) In General .-The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General of
the units' proposed use of assistance under this subtitle.
(b) General Requirements for Qualification .-A unit of general local
government qualifies for a payment under this subtitle for a payment
period only after establishing to the satisfaction of the Attorney
General that-
(1) the government will establish a trust fund in which the government
will deposit all payments received under this subtitle;
(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;
(3) the government will expend the payments so received, in accordance
with the laws and procedures that are applicable to the expenditure of
revenues of the government;
(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust
fund, individuals in the occupation any part of whose pay is paid out
of the trust fund will receive pay at least equal to the prevailing
rate of pay for individuals employed in similar public employee
occupations by the government; (5) the government will use accounting,
audit, and fiscal procedures that conform to guidelines which shall be
prescribed by the Attorney General after consultation with the
Comptroller General of the United States. As applicable, amounts
received under this subtitle shall be audited in compliance with the
Single Audit Act of 1984;
(6) after reasonable notice to the government, the government will
make available to the Attorney General and the Comptroller General of
the United States, with the right to inspect, records the Attorney
General reasonably requires to review compliance with this subtitle or
the Comptroller General of the United States reasonably requires to
review compliance and operations;
(7) the government will make reports the Attorney General reasonably
requires, in addition to the annual reports required under this
subtitle; and
(8) the government will spend the funds only for the purposes set
forth in section 30201(a)(2).
(c) Review by Governors .-A unit of general local government shall
give the chief executive officer of the State in which the government
is located an opportunity for review and comment before establishing
compliance with subsection (d).
(d) Sanctions for Noncompliance .-
(1) In general .-If the Attorney General decides that a unit of
general local government has not complied substantially with
subsection (b) or regulations prescribed under subsection (b), the
Attorney General shall notify the government. The notice shall state
that if the government does not take corrective action by the 60th day
after the date the government receives the notice, the Attorney
General will withhold [*H8786] additional payments to the government
for the current payment period and later payment periods until the
Attorney General is satisfied that the government-
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations prescribed under
subsection (b).
(2) Notice .-Before giving notice under paragraph (1), the Attorney
General shall give the chief executive officer of the unit of general
local government reasonable notice and an opportunity for comment.
(3) Payment conditions .-The Attorney General may make a payment to a
unit of general local government notified under paragraph (1) only if
the Attorney General is satisfied that the government-
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations prescribed under
subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) State Distribution .-For each payment period, the Attorney General
shall allocate out of the amount appropriated for the period under the
authority of section 30202-
(1) 0.25 percent to each State; and
(2) Of the total amount of funds remaining after allocation under
paragraph (1), an amount that is equal to- the ratio that the number
of part 1 violent crimes reported by such State to the Federal Bureau
of Investigation for 1993 bears to the number of part 1 violent crimes
reported by all States to the Federal Bureau of Investigation for 1993
(b) Local Distribution .-(1) The Attorney General shall allocate among
the units of general local government in a State the amount allocated
to the State under paragraphs (1) and (2) of subsection (a).
(2) The Attorney General shall allocate to each unit of general local
government an amount which bears the ratio that the number of part 1
violent crimes reported by such unit to the Federal Bureau of
Investigation for 1993 bears to the number of part 1 violent crimes
reported by all units in the State in which the unit is located to the
Federal Bureau of Investigation for 1993 multiplied by the ratio of
the population living in all units in the State in
which the unit is located that reported part 1 violent crimes to the
Federal Bureau of Investigation for 1993 bears to the population of
the State; or if such data are not available for a unit, the ratio
that the population of such unit bears to the population of all units
in the State in which the unit is located for which data are not
available multiplied by the ratio of the population living in units in
the State in which the unit is located for which data are not
available bears to the population of the State.
(3) If under paragraph (2) a unit is allotted less than $ 5,000 for
the payment period, the amount allotted shall be transferred to the
Governor of the State who shall equitably distribute the allocation to
all such units or consortia thereof.
(4) If there is in a State a unit of general local government that has
been incorporated since the date of the collection of the data used by
the Attorney General in making allocations pursuant to this section,
the Attorney General shall allocate to this newly incorporated local
government, out of the amount allocated to the State under this
section, an amount bearing the same ratio to the amount allocated to
the State as the population of the newly incorporated local government
bears to the population of the State. If there is in the State a unit
of general local government that has been annexed since the date of
the collection of the data used by the Attorney General in making
allocations pursuant to this section, the Attorney General shall pay
the amount that would have been allocated to this local government to
the unit of general local government that annexed it.
(c) Unavailability of Information .-For purposes of this section, if
data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall
utilize the best available comparable data regarding the number of
violent crimes for 1993 for such State for the purposes of allocation
of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be
utilized to contract with private, nonprofit entities or
community-based organizations to carry out the uses specified under
section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under this
subtitle shall hold at least one public hearing on the proposed use of
the payment in relation to its entire budget. At the hearing, persons
shall be given an opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget and to ask
questions about the entire budget and the relation of the payment to
the entire budget. The government shall hold the hearing at a time and
a place that allows and encourages public attendance and
participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime Control
and Safe Streets Act of 1968, shall apply to the Attorney General for
purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term "unit of general local government" means-
(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as
determined by the Secretary of Commerce for general statistical
purposes; and
(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers.
(2) The term "payment period" means each 1-year period beginning on
October 1 of the years 1995 through 2000.
(3) The term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands,
except that American Samoa, Guam, and the Northern Mariana Islands
shall be considered as one State and that, for purposes of 30204(a),
33 per centum of the amounts allocated shall be allocated to American
Samoa, 50 per centum to Guam, and 17 per centum to the Northern
Mariana Islands.
(4) The term "children" means persons who are not younger than 5 and
not older than 18 years old.
(5) The term "part 1 violent crimes" means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as
reported to the Federal Bureau of Investigation for purposes of the
Uniform Crime Reports.
Subtitle C-Model Intensive Grant Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) Establishment .-
(1) In general .-The Attorney General may award grants to not more
than 15 chronic high intensive crime areas to develop comprehensive
model crime prevention programs that-
(A) involve and utilize a broad spectrum of community resources,
including nonprofit community organizations, law enforcement
organizations, and appropriate State and Federal agencies, including
the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to involvement in
crime.
(2) Consultation with the ounce of prevention council .-The Attorney
General may consult with the Ounce of Prevention Council in awarding
grants under paragraph (1).
(b) Priority .-In awarding grants under subsection (a), the Attorney
General shall give priority to proposals that-
(1) are innovative in approach to the prevention of crime in a
specific area;
(2) vary in approach to ensure that comparisons of different models
may be made; and
(3) coordinate crime prevention programs funded under this program
with other existing Federal programs to address the overall needs of
communities that benefit from grants received under this title.
SEC. 30302. USES OF FUNDS.
(a) In General .-Funds awarded under this subtitle may be used only
for purposes described in an approved application. The intent of
grants under this subtitle is to fund intensively comprehensive crime
prevention programs in chronic high intensive crime areas.
(b) Guidelines .-The Attorney General shall issue and publish in the
Federal Register guidelines that describe suggested purposes for which
funds under approved programs may be used.
(c) Equitable Distribution of Funds .-In disbursing funds under this
subtitle, the Attorney General shall ensure the distribution of awards
equitably on a geographic basis, including urban and rural areas of
varying population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) Description .-An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within
the area proposed to be served by the grant. Such factors may include
lack of alternative activities and programs for youth, deterioration
or lack of public facilities, inadequate public services such as
public transportation, street lighting, community-based substance
abuse treatment facilities, or employment services offices, and
inadequate police or public safety services, equipment, or facilities.
(b) Comprehensive Plan .-An applicant shall include a comprehensive,
community-based plan to attack intensively the principal factors
identified in subsection (a). Such plans shall describe the specific
purposes for which funds are proposed to be used and how each purpose
will address specific factors. The plan also shall specify how local
nonprofit organizations, government agencies, private businesses,
citizens groups, volunteer organizations, and interested citizens will
cooperate in carrying out the purposes of the grant.
(c) Evaluation .-An applicant shall include an evaluation plan by
which the success of the plan will be measured, including the
articulation of specific, objective indicia of performance, how the
indicia will be evaluated, and a projected timetable for carrying out
the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected
official of an area shall-
(1) prepare and submit to the Attorney General an application in such
form, at such time, and in accordance with such procedures, as the
Attorney General shall establish; and
(2) provide an assurance that funds received under this subtitle shall
be used to supplement, not supplant, non-Federal funds that would
otherwise be available for programs funded under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall prepare
and submit to the Committees on the Judiciary of the House and Senate
an evaluation of the model programs developed under this subtitle and
make recommendations regarding the implementation of a national crime
prevention program.
SEC. 30306. DEFINITIONS.
In this subtitle-
"chief local elected official" means an official designated under
regulations issued by the [*H8787] Attorney General. The criteria used
by the Attorney General in promulgating such regulations shall ensure
administrative efficiency and accountability in the expenditure of
funds and execution of funded projects under this subtitle.
"chronic high intensity crime area" means an area meeting criteria
adopted by the Attorney General by regulation that, at a minimum,
define areas with-
(A) consistently high rates of violent crime as reported in the
Federal Bureau of Investigation's "Uniform Crime Reports", and
(B) chronically high rates of poverty as determined by the Bureau of
the Census.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $ 100,000,000 for fiscal year 1996;
(2) $ 125,100,000 for fiscal year 1997;
(3) $ 125,100,000 for fiscal year 1998;
(4) $ 125,100,000 for fiscal year 1999; and
(5) $ 150,200,000 for fiscal year 2000.
Subtitle D-Family and Community Endeavor Schools Grant Program
SEC. 30401. 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 103(23) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5603(23)); 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 title).
(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).
"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 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of the size involved.
"public school" means a public elementary school, as defined in
section 1201(i) of the Higher Education Act of 1965 (20 U.S.C.
1141(i)), and a public secondary school, as defined in section 1201(d)
of that Act.
"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
subtitle 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) 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) 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);
(G) contain a list of the activities and services that will be offered
through the program for [*H8788] 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); 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), 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), 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) the Federal share of the
costs of developing and carrying out programs described in subsection
(c).
(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)), 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 subtitle.
(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.