42 U.S. Code § 13791 - Community schools youth services and supervision grant program
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(a) Short title
This section may be cited as the “Community Schools Youth Services and Supervision Grant Program Act of 1994”.
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—
(B) is operated by a consortium of service providers, consisting of representatives of 5 or more of the following categories of persons:
(ii) Business and civic leaders actively involved in providing employment and business development opportunities in the community.
(iv) Religious organizations (which shall not provide any sectarian instruction or sectarian worship in connection with an activity funded under this subchapter).
(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  applicable to a family of the size involved.
“public school” means a public elementary school, as defined in section 1001 (i)  of title 20, and a public secondary school, as defined in section 1001 (d)  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.
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.
(d) Program requirements
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—
(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—
(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—
(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
(e) Eligible community 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.
(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—
(E) provide evidence of support for accomplishing such goals and outcomes from—
(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
(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)  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
(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.
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.
(h) Peer review panel
The Secretary may establish a peer review panel that shall be comprised of individuals with demonstrated experience in designing and implementing community-based programs.
A peer review panel shall include at least 1 representative from each of the following:
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—
(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
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—
(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.
The Secretary shall conduct a thorough evaluation of the programs assisted under this section, which shall include an assessment of—
 So in original. Probably should be followed by a closing parenthesis.
 See References in Text note below.
 So in original. No cl. (ii) has been enacted.
 So in original. Probably should be subsection “(k)”.
Source(Pub. L. 103–322, title III, § 30401,Sept. 13, 1994, 108 Stat. 1846; Pub. L. 105–244, title I, § 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 (§ 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.
1998—Subsec. (b). Pub. L. 105–244substituted “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