[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4086
To establish a youth development grant program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 1994
Mr. Payne of New Jersey (for himself and Mrs. Morella) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To establish a youth development grant program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Youth Development
Block Grant Act of 1993''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Allocation and distribution of funds.
Sec. 6. Local Youth Development Board.
Sec. 7. State Youth Development Commission.
Sec. 8. National Youth Development Commission.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In an increasingly complex and competitive world
economy, the human capital of the United States is its most
important resource. Too many young people in the United States
are reaching adulthood unprepared to be productive workers,
effective parents, or responsible citizens. The United States
cannot remain strong unless the Nation ends this tragic waste
of human potential.
(2) Over the past decade, public concern related to young
people has focused primarily on improving academic performance
and combating youth problems such as substance abuse and
juvenile delinquency. The Federal Government has established
ambitious National Education Goals and declared a ``War on
Drugs'', and Federal Government investment related to both
initiatives has increased dramatically.
(3) It is becoming increasingly clear, however, that the
United States will neither achieve the education goals of the
Nation nor make significant progress on problems such as
substance abuse and juvenile delinquency unless the Nation
addresses the broader developmental needs of youth. Young
people who lack self-confidence, self-discipline, respect for
others, and a sense of connection to their families and
communities, are unlikely to be successful in school, and far
more likely to engage in high-risk behaviors.
(4) Parents have primary responsibility for the social,
moral, emotional, physical, and cognitive development of their
children. However, tremendous social and demographic changes
during the last 30 years have had a significant effect on
family life and youth development, creating the need for
programs to strengthen families and help parents meet the
social, moral, emotional, physical, and cognitive needs of
their children.
(5) The lack of supervision of youth by parents and the
lack of meaningful activity after school for youth contributes
to the spread of violent juvenile delinquency in the form of
youth and gang violence, drug trafficking, dangerous and self-
destructive behavior, and lack of hope among youth in our
Nation.
(6) The United States expects too much of its schools if
the Nation asks the schools to meet single-handedly the needs
described in paragraph (5) in addition to accomplishing their
basic educational mission. Only a strong partnership among
families, schools, local government, religious organizations,
community-based youth-serving organizations, community-based
family-serving organizations, business, and labor can create a
community environment that truly supports the youth of the
Nation in reaching their highest potential.
(7) Nonschool-based youth development programs, including
youth clubs, sports and recreation programs, mentoring
programs, and leadership development and community service
programs, make a major contribution to helping youth develop
the life skills and moral values that will prepare the youth
for the challenges of adolescence and the independence and
responsibilities of adulthood.
(8) Participation in positive youth development programs
can lead to a reduction in high-risk behaviors, including
school failure, teenage pregnancy, use of alcohol and drugs,
and juvenile delinquency. Youth from low-income, at-risk
communities, who would greatly benefit from such programs,
however, are least likely to have access to such programs.
(9) Community-based youth-serving organizations are an
effective resource in developing and implementing community
youth development plans, both because of the responsiveness of
the organizations to local community values and concerns, and
the ability of the organizations to mobilize community
resources. For example, the 15 member organizations of the
National Collaboration for Youth collectively serve over
25,000,000 youth, and mobilize over 4,000,000 volunteers to
carry out community-based youth development services.
(10) Notwithstanding the efforts of community-based youth-
serving organizations, in most local communities youth
development efforts are so fragmented and underfunded that
millions of youth nationwide go unserved, and no process exists
through which key groups regularly come together to develop a
comprehensive youth development plan. Without a mechanism for
coordination, narrowly focused Federal programs are unable to
meet the comprehensive needs of the youth of the Nation.
(11) Increased Federal investment in programs under the
Head Start Act and other early childhood development programs
signals an encouraging shift toward a comprehensive long-term,
holistic, investment-oriented strategy in promoting the healthy
development of children in the United States.
(12) It is critical that the Federal Government adopt the
same type of comprehensive strategy in promoting the positive
development of youth, and encourage and empower communities to
develop and implement comprehensive youth development plans.
SEC. 3. PURPOSES.
It is the purpose of this Act to expand community-based youth
development services, and to support communities in designing strategic
plans for youth development that--
(1) give priority to prevention of youth problems through
youth development;
(2) support the primary role of the family in positive
youth development;
(3) support community-based youth development organizations
in expanding youth development opportunities; and
(4) promote increased community coordination and
collaboration in meeting the developmental needs of youth.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Children and Families of the
Department of Health and Human Services.
(2) Community-based.--The term ``community-based'', used
with respect to a youth development organization or a youth-
serving organization, means such an organization that--
(A) is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986;
(B) is not a government entity; and
(C) is representative of a community or a
significant segment of a community and is engaged in
providing services to the community.
(3) County.--The term ``county'' includes a political
subdivision of a State.
(4) Local board.--The term ``Local Board'' means a Local
Youth Development Board established under section 6.
(5) Low income family.--The term ``low income family''
means a family with an income below the poverty line.
(6) National commission.--The term ``National Commission''
means the National Youth Development Commission established
under section 8.
(7) National youth development organization.--The term
``national youth development organization'' means an
organization whose purpose and activities are national in
scope, and that, either directly or through its local
affiliates, provides youth development programs in at least 7
States.
(8) Outcome objective.--The term ``outcome objective''
means an objective that relates to the impact of a program or
initiative, with respect to the participants in the program or
initiative or the community that the program or initiative
serves, such as an objective relating to changes--
(A) in the competencies described in paragraph
(15)(A) of individual participants in the program or
initiative;
(B) in the incidence of positive or negative
behaviors among such participants; or
(C) in the incidence of such behaviors among youth
in such community.
(9) Poverty line.--The term ``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.
(10) Process objective.--The term ``process objective''
means an objective that relates to the manner in which a
program or initiative is carried out, such as an objective
relating to--
(A) the degree to which the program or initiative
is reaching its intended target population;
(B) the number, age, gender, and ethnicity of the
youth involved in the program or initiative;
(C) the degree to which the services delivered are
consistent with the intended program model; and
(D) the cost of delivering services under the
program or initiative.
(11) State.--The term ``State'' means each of the several
States of the United States, 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.
(12) State commission.--The term ``State Commission'' means
a State Youth Development Commission established under section
7.
(13) Youth.--The term ``youth'' means an individual who is
not younger than 6 and not older than 19.
(14) Youth development organization.--The term ``youth
development organization'' means a youth-serving organization
with a major emphasis on providing youth development programs.
(15) Youth development program.--The term ``youth
development program'' means a program that--
(A) in order to enable youth to deal successfully
with the challenges of adolescence and prepare the
youth for the independence and responsibilities of
being parents, workers, and citizens, helps the youth
to develop--
(i) social competencies, such as work and
family life skills, problem-solving skills, and
communication skills;
(ii) moral competencies, such as personal
values and ethics, a sense of responsibility
and citizenship (including participation in
civic life and community service), and respect
for diversity;
(iii) emotional competencies, such as a
sense of personal identity, self-confidence,
autonomy, and the ability to resist negative
peer pressure;
(iv) physical competencies, such as
physical conditioning and endurance, and an
appreciation for and strategies to achieve
lifelong physical health and fitness; and
(v) cognitive competencies, such as
knowledge, reasoning ability, creativity, and a
lifelong commitment to learning and
achievement;
(B) conducts activities with a primarily
nonacademic focus;
(C) employs primarily active and experiential
learning methods; and
(D) promotes the competencies described in
subparagraph (A) through group and one-to-one
activities, which may include activities in youth
clubs, sports and recreation, mentoring, arts, values
education, leadership development, crime and
delinquency prevention, community service or
volunteerism, child care, career counseling, job skills
training, life skills training, health education
including drug and alcohol prevention, parenting skills
activities, camping, environmental education, ethnic or
cultural enrichment, tutoring, and academic enrichment.
(16) Youth-serving organization.--The term ``youth-serving
organization'' means an organization with a primary focus on
providing youth development, medical, educational, special
education, psychological, vocational and training,
rehabilitative, or housing services to youth.
SEC. 5. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, $400,000,000 for fiscal year 1995,
and such sums as may be necessary for each of the fiscal years 1996,
1997, and 1998.
(b) Allocation and Distribution of Local Allocation for Fiscal
Years for Which Appropriations Equal or Exceed $100,000,000.--
(1) Total local allocation.--For any fiscal year for which
the total sums appropriated under subsection (a) are not less
than $100,000,000, the Assistant Secretary shall reserve 93.5
percent of such sums (referred to in this subsection as the
``total local allocation'') to make allocations under this
subsection to States to assist Local Boards in carrying out the
activities described in section 6.
(2) Allocation of funds to states.--
(A) In general.--For each such fiscal year, the
Assistant Secretary shall allocate to each State
Commission the sum (referred to in this subsection as
the ``State portion of the total local allocation'')
of--
(i) an amount that bears the same relation
to \1/3\ of the total local allocation as the
number of youth in the State bears to the
number of youth in all States;
(ii) an amount that bears the same relation
to \1/3\ of such allocation as the number of
youth from low income families in the State
bears to the number of such youth in all
States; and
(iii) an amount from the remaining \1/3\ of
such allocation, calculated in accordance with
a formula prescribed by the Secretary that
takes into account the extent to which violent
juvenile crime has increased in the State since
1990, relative to the extent to which violent
juvenile crime has increased in all States
since 1990.
(B) Regulation.--The Secretary shall prescribe the
formula described in subparagraph (A)(iii) by
regulation issued after consultation with the Attorney
General.
(3) Distribution of funds to states.--To be eligible to
receive such State portion of the total local allocation, the
State Commission shall prepare, and submit to the Assistant
Secretary, an application at such time, in such manner, and
containing such information, as the Assistant Secretary may
reasonably require. Such application shall include, at a
minimum, an assurance that the State Commission is prepared to
administer such amount in compliance with all the requirements
of this Act, and, in the case of any application submitted
after the first year in which the State Commission receives
funds under this Act, the State strategic plan described in
section 7(c)(4).
(4) Allocation of funds to local boards.--
(A) In general.--For each fiscal year for which a
State receives such State portion of the total local
allocation, the State Commission shall allocate to each
Local Board in the State the sum (referred to in this
subsection as the ``local allocation'') of--
(i) an amount that bears the same relation
to \1/3\ of the State portion of the total
local allocation as the number of youth in the
county served by the Local Board bears to the
number of youth in the State;
(ii) an amount that bears the same relation
to \1/3\ of such State portion as the number of
youth from low income families in the county
bears to the number of such youth in the State;
and
(iii) an amount from the remaining \1/3\ of
such State portion, calculated in accordance
with a formula prescribed by the Secretary that
takes into account the extent to which violent
juvenile crime has increased in the county
since 1990, relative to the extent to which
violent juvenile crime has increased in the
State since 1990.
(B) Regulation.--The Secretary shall prescribe the
formula described in subparagraph (A)(iii) by
regulation issued after consultation with the Attorney
General.
(5) Distribution of funds to local boards.--
(A) Initial planning funds.--For the first fiscal
year for which Local Boards in a State are eligible to
receive funds under this subsection, the State
Commission shall make available to each eligible Local
Board in the State, 5 percent of the local allocation
of such Board, to be used for initial planning
purposes. To be eligible to receive such amount, the
Local Board shall submit to the State Commission a
letter of intent to apply for funds under this
subsection. Such letter of intent shall include a list
of the members of the Local Board, including sufficient
information about their organizational affiliations to
demonstrate compliance with the requirements of
subsections (c) and (d) of section 6.
(B) Distribution of program funds.--
(i) In general.--For each fiscal year for
which a State receives a State portion of the
total local allocation, the State Commission
shall distribute to each eligible Local Board
in the State an amount equal to the remainder
of the local allocation of such Board.
(ii) Application.--To be eligible to
receive such amount, the Local Board shall
prepare, and submit to the State Commission, an
application, at such time, in such manner, and
containing such information as the State
Commission may reasonably require to assure
compliance with this Act. Such application
shall include, at a minimum, a local strategic
plan described in section 6(f), a description
of the programs for which funding will be
provided, and information indicating the extent
to which the programs meet the effective
practice standards described in section
8(c)(3)(C).
(c) Allocation and Distribution of State Allocation for Fiscal
Years for Which Appropriations Equal or Exceed $100,000,000.--
(1) Total state allocation.--For any fiscal year for which
the total sums appropriated under subsection (a) are not less
than $100,000,000, the Assistant Secretary shall reserve 4
percent of such sums (referred to in this section as the
``total State allocation'') to make allocations to State
Commissions to carry out the activities described in section 7.
(2) General allocation.--Except as provided in paragraph
(3), for each such year, the Assistant Secretary shall make
such allocations in accordance with the requirements of
subsection (b)(2). For the purposes of the application of such
requirements to allocations under this subsection, references
in subsection (b)(2) to the total local allocation shall be
deemed to be references to the total State allocation.
(3) Minimum state allocation.--For each such year, the
Assistant Secretary shall allocate to each State Commission
under this subsection an amount that is not less than \1/2\ of
1 percent of the total State allocation.
(d) Allocation and Distribution of Local Allocation for Fiscal
Years for Which Appropriations are Less Than $100,000,000.--
(1) Grants.--For any fiscal year for which the total sums
appropriated under subsection (a) are less than $100,000,000,
the Assistant Secretary shall reserve 97.5 percent of such sums
and shall make grants from such reserved sums, on a competitive
basis, to eligible Local Boards to carry out the activities
described in section 6.
(2) Considerations.--In making such grants, the Assistant
Secretary shall consider the criteria described in the formula
provided in subsection (b)(2). The Assistant Secretary shall
ensure an equitable geographic distribution of such grants, and
shall ensure that a variety of program models receive funding
under this subsection.
(3) Application.--To be eligible to receive a grant under
this section, a Local Board shall submit to the Assistant
Secretary an application at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including an assurance that the Local Board will
comply with such evaluation process as the Assistant Secretary
may reasonably require to assure compliance with this Act, and
including any information that a Local Board is required to
submit in an application described in subsection (b)(5)(B).
(4) Eligibility.--To be eligible to receive a grant under
this subsection, a Local Board shall meet such requirements as
the Assistant Secretary may by regulation require.
(5) Initial distribution.--The Assistant Secretary may
award an initial grant to a Local Board under this subsection
for a period of up to 3 years. The Assistant Secretary may
terminate the funding made available through such grant during
such period if the Local Board fails to comply with the
provisions of this Act.
(6) Renewal of grants.--After the initial grant period, in
determining whether to renew or continue a grant to a Local
Board to carry out activities, the Assistant Secretary shall
give substantial weight to the effectiveness of the activities
in achieving the process and outcome objectives specified in
the local strategic plan described in section 6(f)(1). If the
total sums appropriated under subsection (a) are greater than
$100,000,000 for the fiscal year for which the Local Board
seeks a renewal or continuation, the Local Board shall apply to
the State Commission for funding under subsection (b).
(7) Treatment of grants.--For purposes of this Act, a grant
awarded to a Local Board under this section shall be considered
to be a local allocation.
(8) Application of provisions.--The provisions of section 6
shall apply to Local Boards receiving funds under this
subsection. For purposes of the application of such provisions,
references to the State Commission shall be deemed to be
references to the Assistant Secretary.
(e) Native American Organizations.--
(1) In general.--From the sums appropriated under
subsection (a) for any fiscal year, the Assistant Secretary
shall reserve 1.5 percent of such sums to make grants to
eligible Native American organizations to assist the
organizations in carrying out the activities described in
section 6.
(2) Application.--To be eligible to receive a grant under
paragraph (1), a Native American organization shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may reasonably require to assure compliance with this
Act, including any information that a Local Board is required
to submit in an application described in subsection (b)(5)(B).
(3) Application of provisions.--The provisions of section 6
shall apply to Native American organizations receiving funds
through grants made under this subsection. For purposes of the
application of such provisions, references to a county shall be
deemed to be references to the area served by the organization,
and references to the State Commission shall be deemed to be
references to the Assistant Secretary.
(4) Definition.--As used in this subsection:
(A) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 250b(e)).
(B) Native american organization.--The term
``Native American organization'' means an Indian tribe
or Native Hawaiian Organization.
(C) Native hawaiian organization.--The term
``Native Hawaiian Organization'' has the meaning given
the term in section 4009(4) of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (20 U.S.C. 4909(4)).
(f) Reservation of Funds for Administration for Children and
Families.--From the sums appropriated under subsection (a) for each
fiscal year, the Assistant Secretary shall reserve 1 percent of such
sums for the National Commission and the Administration for Children
and Families to carry out the activities required by this Act.
(g) Authority To Assist Local Boards in Nonparticipating States/
Reallocation of State Funds.--
(1) In general.--For any fiscal year for which a State
Commission does not submit an application for an allocation
under subsection (b), the Assistant Secretary may use the
allocation of such State to make direct grants to eligible
Local Boards in the nonparticipating State.
(2) Application.--To be eligible to receive a direct grant
under paragraph (1), a Local Board shall submit an application
to the Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
reasonably require to assure compliance with this Act,
including any information that a Local Board is required to
submit in an application described in subsection (b)(5)(B).
(3) Application of provisions.--The provisions of section 6
shall apply to Local Boards receiving funds through grants made
under this subsection. For purposes of the application of such
provisions, references to the State Commission shall be deemed
to be references to the Assistant Secretary.
(h) State Reallocation.--For any fiscal year for which a State
Commission does not submit an application for an allocation under
subsection (b), and the Assistant Secretary does not use the allocation
as described in subsection (g), the Assistant Secretary shall make
available the allocation of such State to such other States as the
Assistant Secretary may determine to be appropriate.
(i) County Reallocation.--For any fiscal year for which a Local
Board in a State does not submit an application for an allocation under
subsection (b), the State Commission shall make available the
allocation of such county to such other counties in the State as the
State Commission may determine to be appropriate.
(j) Obligation and Expenditure of Funds.--
(1) State obligation of funds.--Any State Commission that
receives an allocation from the Assistant Secretary under
subsection (b) or (c) shall obligate the allocation not later
than 1 year after the date of such receipt or return the
allocation to the Assistant Secretary for reallocation in
accordance with subsection (h).
(2) Local board expenditure of funds.--Any Local Board that
receives an allocation from a State Commission under subsection
(b) or (d) shall expend the allocation not later than 3 years
after the date of such receipt or return the allocation to the
State Commission for reallocation in accordance with subsection
(i).
SEC. 6. LOCAL YOUTH DEVELOPMENT BOARD.
(a) Establishment of Local Board.--
(1) In general.--In order for entities within a county to
be eligible to receive assistance under this Act, the Chief
Elected Officer of a county shall facilitate the establishment
of a local entity, or designate an existing local entity, that
meets the requirements of this section, to serve as a Local
Youth Development Board.
(2) Establishment of multicounty local board.--The Chief
Executive Officers of 2 or more counties may agree to
facilitate the establishment of a local entity, or designate an
existing entity, that meets the requirements of this section,
to serve as a multicounty Local Board. Such a multicounty Local
Board shall carry out the duties described in subsections (f),
(g), (i), and (j) with respect to the counties involved. If
such a multicounty Local Board is established, all duties
required by this section to be carried out by the Chief
Executive Officer of a county shall be carried out jointly by
the Chief Executive Officers of each participating county.
(b) Number of Members on the Local Board.--The Chief Executive
Officer of the county shall determine the total number of members on
the Local Board.
(c) Composition of Local Board.--
(1) Representatives of youth development organizations.--
(A) Representatives of nationally affiliated youth
development organizations.--One-third of the members of
the Local Board shall be representatives of community-
based youth development organizations that are
affiliated with national youth development
organizations.
(B) Representatives of nonaffiliated youth
development organizations.--One-third of the members of
the Local Board shall be representatives of community-
based youth development organizations that are not
affiliated with national youth development
organizations.
(C) Special rule for less populated counties.--In
the case of a county with a population of 100,000 or
less, if the Chief Executive Officer of the county
determines that, because of the absence of community-
based youth development organizations, the county
cannot establish a Local Board meeting the requirements
of subparagraph (A) or (B), representatives of
community-based youth-serving organizations may be
selected to serve on the Local Board, and may
participate on the Local Board, on the same basis as
representatives of community-based youth development
organizations.
(2) Other community representatives.--One-third of the
members of the Local Board shall be representatives of the
community, such as representatives of youth-serving
organizations, local government, religious organizations,
educational institutions, business, labor, private funding
organizations, parents, or youth.
(d) Selection of Local Board Members.--
(1) Representatives of youth development organizations.--
Organizations described in subsection (c)(1)(A) that provide
services within the county shall select the members described
in such subsection. Organizations described in subsection
(c)(1)(B) that provide services within the county shall select
the members described in such subsection. The Local Board shall
include, in the application described in section 5(b)(5), a
description of the processes used by both such types of
organizations to select members of the Local Board.
(2) Other community representatives.--Members described in
subsection (c)(2) shall be appointed by the Chief Executive
Officer of the county. If any political subdivision of a State
is located totally or partially within the county, and the
population of the subdivision is more than 40 percent of the
total population of the county, the Chief Executive Officer of
the subdivision and the Chief Executive Officer shall jointly
appoint such members.
(3) Age of members.--At least 2 of the members of the Local
Board shall be under the age of 20 at the time of such
appointment.
(4) Background of members.--The membership of the Board
shall reflect the racial, ethnic, and gender composition of the
county population.
(5) Terms; officers; vacancies.--The Local Board shall
adopt, and shall include in the application described in
section 5(b)(5), bylaws that include provisions regarding the
terms of office of members, the election of officers, and the
selection of members to fill vacancies, of the Local Board.
(e) Fiscal Agent.--
(1) Appointment of fiscal agent.--The Local Board shall
appoint a fiscal agent for the Board.
(2) Duties.--The fiscal agent shall carry out such duties
as the Local Board may determine to be appropriate.
(f) Duties of Local Board.--
(1) Local strategic plan.--The Local Board shall prepare
and submit to the State Commission for approval, as part of the
application described in section 5(b)(5), a local strategic
plan for youth development in the county involved, including--
(A) the results of an assessment of local needs and
resources;
(B) specific process and outcome objectives for
youth development programs; and
(C) measures of program effectiveness that shall be
used to evaluate the progress of grant recipients in
achieving such objectives.
(2) Monitoring, evaluation, and technical assistance.--The
Local Board shall be responsible for establishing monitoring
and evaluation procedures, consistent with such requirements as
may be established by the Assistant Secretary, to assess the
progress of grant recipients in achieving the process and
outcome objectives identified in the local strategic plan. Such
procedures shall utilize the measures of program effectiveness
described in paragraph (1)(C) and the standards for effective
practices described in section 8(c)(3)(C). Local Boards shall
also provide technical assistance to applicants and grant
recipients under subsection (g).
(3) Appeal.--In the event that a State Commission denies
approval of the strategic plan of the Local Board described in
paragraph (1), the Local Board may, in accordance with
regulations to be established by the Assistant Secretary,
appeal the denial.
(g) Grants.--
(1) In general.--The Local Board shall award grants in
accordance with this subsection to--
(A) eligible community-based youth development
organizations; and
(B) eligible partnerships that--
(i) are comprised of youth-serving
organizations and governmental entities; and
(ii) conduct youth development programs,
to pay for the Federal share of carrying out youth
development programs addressing one or more of the
process objectives, and one or more of the outcome
objectives, established in the local strategic plan
described in subsection (f)(1).
(2) Request for proposals.--The Local Board shall issue a
request for proposals, which shall invite the organizations and
partnerships described in paragraph (1) to apply for a grant
under paragraph (1). Such request shall specify the process and
outcome objectives to be addressed by the Local Board.
(3) Eligible applicants.--
(A) Award of grants.--In awarding grants under
paragraph (1), the Local Board shall--
(i) award at least 85 percent of the funds
made available through such grants to
community-based youth development organizations
certified under subparagraph (B); and
(ii) take into account the extent to which
the program meets the effective practice
standards described in section 8(c)(3)(C).
(B) Certification.--
(i) Procedure.--The Local Board shall
establish a procedure, in accordance with
regulations to be issued by the Assistant
Secretary, for certifying organizations as
community-based youth development
organizations.
(ii) Appeal.--The Assistant Secretary shall
issue regulations that specify a process by
which an organization may appeal a denial of
such certification.
(4) Grant applications.--To be eligible to receive a grant
under this subsection, an organization or partnership described
in paragraph (1) shall submit an application to the Local Board
at such time, in such manner, and containing such information
as the Local Board reasonably may require, including, at a
minimum, the following information:
(A) In the case of an organization, a statement
regarding whether the organization is a community-based
youth development organization, and, if the
organization seeks certification as such an
organization, sufficient information to substantiate
the statement.
(B) The manner in which the program will address
the process and outcome objectives identified in the
local strategic plan described in subsection (f)(1).
(C) The extent to which the program utilizes the
effective practice standards established under section
8(c)(3)(C).
(D) A proposed budget for the program.
(5) Funding period.--The Local Board may award a grant to
an organization or partnership under paragraph (1) for a period
of up to 3 years. The Local Board may terminate the funding
made available through such grant during such period if the
program fails to comply with the requirements of this Act, or
if insufficient Federal funds are appropriated under section
5(a) to permit the continuation of funding for the full grant
period of all such grants awarded by the Local Board.
(6) Renewals of grants.--The Local Board may renew grants
made under paragraph (1). After the initial grant period, in
determining whether to renew a grant to a Local Board to carry
out activities, the Local Board shall give substantial weight
to the effectiveness of the activities in achieving process and
outcome objectives specified in a local strategic plan
described in subsection (f)(1).
(7) Federal share requirement.--
(A) Federal share.--The Federal share of the cost
of carrying out a youth development program described
in paragraph (1) shall be--
(i) 80 percent for the first year for which
the program receives funding under this
subsection;
(ii) 65 percent for the second such year;
(iii) 50 percent for the third such year;
and
(iv) 30 percent for the fourth such year
and any subsequent year.
(B) Non-federal share.--In providing for the
remaining share of the cost of carrying out such a
program, each recipient of assistance under this
subsection--
(i) shall provide for such share through
private sources;
(ii) may provide for such share through a
payment in cash; and
(iii) may provide for not more than 25
percent of such share through a payment in
kind, fairly evaluated, including facilities,
equipment, or services.
(h) Annual Reports to Local Board.--Each organization or
partnership receiving a grant under subsection (g) to carry out a
program shall, not later than 45 days after the end of each fiscal year
of the Local Board, prepare and submit to the Local Board an annual
report on the program during the fiscal year, in such manner and
containing such information as the Assistant Secretary may reasonably
require to determine compliance with this Act.
(i) Annual Report to State Commission.--Each Local Board shall, not
later than 75 days after the end of each fiscal year of the Local
Board, prepare and submit to the State Commission an annual report in
such manner and containing such information as the Assistant Secretary
may reasonably require to determine compliance with this Act. Such
report shall contain, at a minimum, information on the programs and
activities funded by the Local Board during the fiscal year under this
section and the extent to which the programs achieved the process and
outcome objectives specified in the local strategic plan under
subsection (f).
(j) Planning, Administration, Coordination, Evaluation, and Fiscal
Agent Expenses.--In addition to any initial planning funds provided
under section 5(b)(5)(A), the Local Board may use up to 5 percent of
the funds received under section 5(b)(5)(B) for planning,
administration, coordination, and evaluation expenses, and expenses of
the fiscal agent of the Local Board. Each organization or partnership
that receives a grant under subsection (g) may use up to 10 percent of
the funds received under the grant for planning, administration, and
coordination, and may use up to an additional 5 percent of such funds
for evaluation expenses.
SEC. 7. STATE YOUTH DEVELOPMENT COMMISSION.
(a) Establishment of Commission.--In order for entities within a
State to be eligible to receive assistance under this Act, the Governor
of the State shall establish an entity, or designate an existing
entity, that meets the requirements of this section, to serve as a
State Youth Development Commission.
(b) Size, Composition, and Appointment of Commission.--
(1) Number of members.--The Governor of the State shall
determine the total number of members on the Commission.
(2) Appointment by the governor.--The members of the
Commission shall be appointed by the Governor.
(3) Composition of commission.--
(A) Representatives of nationally affiliated youth
development organizations.--One-third of the members of
the State Commission shall be representatives described
in section 6(c)(1)(A).
(B) Representatives of nonaffiliated youth
development organizations.--One-third of the members of
the State Commission shall be representatives described
in section 6(c)(1)(B).
(C) Other members.--One-third of the members of the
State Commission shall be representatives of State
governments or representatives described in section
6(c)(2).
(D) Age of members.--At least 2 of the members
appointed to the Commission shall be under the age of
20 at the time of such appointment.
(E) Background of members.--The Governor shall
ensure that the membership of the State Commission
fairly represents urban and rural populations and
reflects the racial, ethnic, and gender composition of
the State population.
(F) Local board representation.--At least 2 of the
members appointed to the Commission shall be members of
different Local Boards in the State at the time of
their appointment.
(4) Terms; officers; vacancies.--The State Commission shall
adopt, and shall include in the application described in
section 5(b)(3), bylaws that include provisions regarding the
terms of office of members, the election of officers, and the
selection of members to fill vacancies, of the State
Commission.
(c) Duties of State Commission.--
(1) Review of community youth development plans.--In
accordance with regulations issued by the Assistant Secretary,
within 30 days of the submission by a Local Board of an
application under section 5(b)(5), the State Commission shall
either approve the application and distribute to the Local
Board its local allocation under section 5, or notify the Local
Board of the additional steps that the Local Board shall take
to bring the plan into compliance with this Act.
(2) Monitoring operations of local boards.--The Commission
shall have primary responsibility for ensuring that the Local
Boards operate in compliance with this Act.
(3) Technical assistance to local boards.--The State
Commission shall provide technical assistance related to the
development and implementation of local strategic plans
described in section 6(f) to Local Boards that are applicants
for, or recipients of, local allocations under section 5(b).
(4) Goals and strategic plan for youth development.--
(A) State policy goals.--After a review of local
strategic plans submitted by Local Boards within the
State under section 6(f), the State Commission and the
Governor shall develop policy goals for the State,
based on the process and outcome objectives in such
strategic plans.
(B) State strategic plan.--Based on the State
policy goals, the Commission and the Governor shall
develop a State strategic plan for youth development,
including specific State process and outcome
objectives, designed to achieve the State policy goals.
(5) Annual report.--Each State Commission shall, not later
than 120 days after the end of each fiscal year of the State
Commission, prepare and submit to the Assistant Secretary and
the National Commission an annual report, in such manner and
containing such information as the Assistant Secretary may
reasonably require to determine compliance with this Act. Such
report shall contain, at a minimum, information on the programs
and activities funded in the State during the fiscal year under
this Act, and the extent to which the Local Boards in the State
achieved the process and outcome objectives specified in the
local strategic plan described in section 6(f)(1).
(d) Relationship to Independent State Body Established Under the
Claude Pepper Young Americans Act of 1990.--To provide improved
coordination of public and private services for youth and their
families, the State Commission shall--
(1) consult with the Independent State Body established
under section 930 of the Claude Pepper Young Americans Act of
1990 (42 U.S.C. 12336) in the development of the State
strategic plan under subsection (c)(4);
(2) consult with the Independent State Body in developing
and implementing strategies for improved coordination between
activities funded under this Act and other public and private
services for youth and their families; and
(3) submit a copy of the annual report required under
subsection (c)(5) to the Independent State Body, concurrently
with the submission of the report to the Assistant Secretary
and the National Commission.
(e) Coordination With Independent State Body Established Under the
Claude Pepper Young Americans Act of 1990.--In addition to the annual
report required under subsection (c)(5), the State Commission shall
provide information obtained from the annual reports submitted by the
Local Boards under section 6(i) to the Independent State Body under
subsection (d)(3), including a detailed accounting of the number of
participants in programs in the State that are funded under this Act,
specified by age, gender, economic background, race, ethnicity, and
disability.
SEC. 8. NATIONAL YOUTH DEVELOPMENT COMMISSION.
(a) Establishment of National Youth Development Commission.--There
is established a National Youth Development Commission that shall
advise the Assistant Secretary on the implementation of this Act.
(b) Establishment, Size, Composition, and Appointment of National
Commission.--
(1) Establishment; number of members.--The National Youth
Development Commission shall be composed of 21 voting members,
and such ex officio nonvoting members as the President may
determine to be appropriate.
(2) Appointment of national commission.--
(A) In general.--The voting members of the National
Commission shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) Nominations from house of representatives.--
Seven voting members of the National Commission shall
be appointed from among individuals nominated by the
Speaker and Minority Leader of the House of
Representatives.
(C) Nominations from senate.--Seven voting members
of the National Commission shall be appointed from
among individuals nominated by the Majority Leader and
Minority Leader of the Senate.
(D) Timing.--The President shall appoint the
initial voting members of the Commission within 90 days
after the date of enactment of this Act.
(3) Composition of national commission.--
(A) Representatives of nationally affiliated youth
development organizations.--Seven of the voting members
of the National Commission shall be representatives of
national youth development organizations, or of the
affiliates of such organizations.
(B) Representatives of nonaffiliated youth
development organizations.--Seven of the voting members
of the National Commission shall be representatives
described in section 6(c)(1)(B).
(C) Other members.--Seven of the voting members of
the National Commission shall be appointed from among
representatives described in section 7(b)(3)(C).
(D) Age of members.--At least 2 of the voting
members appointed to the National Commission shall be
under the age of 20 at the time of such appointment.
(E) Background of members.--The President shall
ensure that the voting membership of the National
Commission fairly represents urban and rural
populations and reflects the racial, ethnic, and gender
composition of the population of the United States.
(4) Term of office.--
(A) In general.--Each voting member of the
Commission shall serve for a term of 3 years, except
that one-third of the members first appointed to the
Commission after the date of enactment of this section
shall serve for a term of 1 year, and one-third of such
members shall serve for a term of 2 years, as
designated by the President. The members designated to
serve a term of 1 year, and the members designated to
serve a term of 2 years, shall include a fair
distribution of members from the 3 categories of
members described in subparagraphs (A), (B), and (C) of
paragraph (3), and a fair distribution of members
appointed as provided in paragraph (2)(B), of members
appointed as provided in paragraph (2)(C), and of other
members.
(B) Reappointment.--Members of the National
Commission may not serve more than 2 consecutive terms.
(5) Vacancies.--Any vacancy on the National Commission
shall be filled in the same manner as the original appointment.
In filling such a vacancy, the President shall ensure that the
National Commission meets the requirements of paragraph (3).
Any member appointed to fill such a vacancy shall serve for the
remainder of the term for which the predecessor of the member
was appointed or elected.
(6) Chairperson and vice chairperson.--The National
Commission shall elect a Chairperson and Vice Chairperson from
among its members.
(7) Other officers.--The Commission may elect from among
its membership such additional officers for the Commission as
the Commission determines to be appropriate.
(8) Meetings.--The Commission shall meet not less often
than 2 times each year. The Commission shall hold additional
meetings if 15 members of the Commission request such meetings
in writing. A majority of the appointed members of the
Commission shall constitute a quorum.
(9) Expenses.--While away from their homes or regular
places of business on the business of the Commission, members
of such Commission may be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5, United States Code, for persons employed intermittently in
the Government service.
(10) Special government employees.--For purposes of the
provisions of chapter 11 of part I of title 18, United States
Code, and any other provision of Federal law, a member of the
Commission (to whom such provisions would not otherwise apply
except for this subsection) shall be a special Government
employee.
(11) Status of members.--
(A) Tort claims.--For the purposes of the tort
claims provisions of chapter 171 of title 28, United
States Code, a member of the Commission shall be
considered to be a Federal employee.
(B) Other claims.--A member of the Commission has
no personal liability under Federal law with respect to
any claim arising out of or resulting from any act or
omission by such person, within the scope of the
service of the member on the Commission, in connection
with any transaction involving the provision of
financial assistance by the Commission or the
Administration for Children and Families. This
paragraph shall not be construed to limit personal
liability for criminal acts or omissions, willful or
malicious misconduct, acts or omissions for private
gain, or any other act or omission outside the scope of
the service of such member on the Commission.
(C) Effect on other law.--This subsection shall not
be construed--
(i) to affect any other immunities and
protections that may be available to such
member under applicable law with respect to
such transactions; or
(ii) to affect any other right or remedy
against the United States under applicable law,
or against any person.
(12) Administration.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the National
Commission.
(c) Duties of National Commission and Assistant Secretary.--
(1) Duties of national commission.--The National Commission
shall--
(A) review and approve the proposal described in
paragraph (2)(A)(i), regarding the goals and strategic
plan referred to in such paragraph;
(B) review and approve the proposal described in
paragraph (2)(B)(i), regarding the grants, contracts,
allocations, reallocations, and payments described in
paragraph (2)(B);
(C) review and approve the proposal described in
paragraph (2)(C)(i), regarding the regulations,
standards, policies, and procedures, described in such
paragraph;
(D) review and approve the proposed plan for
evaluation and monitoring referred to in paragraph
(2)(D)(i);
(E) review and approve the proposed report referred
to in paragraph (2)(E)(i);
(F) review, and advise the Assistant Secretary
regarding, such standards, policies, procedures,
programs, and initiatives as are necessary or
appropriate to carry out this Act;
(G) inform the Assistant Secretary of any aspects
of the actions of the Assistant Secretary that are not
in compliance with the goals and strategic plan
approved under subparagraph (A), the proposals approved
under subparagraphs (B) and (C), the plan approved
under subparagraph (D), and the report approved under
subparagraph (E);
(H) advise the President and the Congress
concerning developments relating to youth development
that merit the attention of the President and the
Congress;
(I) ensure the effective dissemination of
information and facilitation of the transfer of
technology on youth development issues, including
program information, sources of funding, and methods of
evaluation;
(J) provide (directly or by contract) training and
technical assistance to State Commissions and Local
Boards; and
(K) carry out any other activities determined to be
appropriate by the Assistant Secretary.
(2) General duties of assistant secretary.--The Assistant
Secretary shall--
(A)(i) prepare and submit to the National
Commission a proposal regarding the goals and strategic
plan described in paragraph (3)(A); and
(ii) after receiving and reviewing approved goals
and an approved strategic plan under paragraph (1)(A),
issue the goals and strategic plan described in
paragraph (3)(A);
(B)(i) prepare and submit to the National
Commission a proposal regarding such grants, contracts,
allocations, and reallocations, as are necessary or
appropriate to carry out this Act; and
(ii) after receiving and reviewing an approved
proposal under paragraph (1)(B), make such grants,
contracts, allocations, and reallocations, and make
such payments (in lump sum or installments, and in
advance or by way of reimbursement, and in the case of
financial assistance otherwise authorized under this
Act, with necessary adjustments on account of
overpayments and underpayments);
(C)(i) prepare and submit to the National
Commission a proposal regarding the regulations
described in paragraph (3)(B), and such other
standards, policies, and procedures, as are necessary
or appropriate to carry out this Act; and
(ii) after receiving and reviewing an approved
proposal under paragraph (1)(C)--
(I) establish such regulations, standards,
policies, and procedures as are necessary or
appropriate to carry out this Act; and
(II) establish and administer such programs
and initiatives as are necessary or appropriate
to carry out this Act;
(D)(i) prepare and submit to the National
Commission a proposed plan for the evaluation and
monitoring of activities under this Act, in accordance
with paragraph (3)(D); and
(ii) after receiving an approved plan under
paragraph (1)(D) establish the system described in
paragraph (3)(D);
(E)(i) prepare and submit to the National
Commission a proposed report described in paragraph
(3)(F); and
(ii) after receiving an approved report under
paragraph (1)(E), submit the report described in
paragraph (3)(F);
(F) prepare and submit to the National Commission
an annual report, and such interim reports as may be
necessary, describing the major actions of the
Assistant Secretary with respect to the personnel that
carry out this Act, and with respect to the standards,
policies, procedures, programs, and initiatives
implemented to carry out this Act;
(G) inform the National Commission of, and provide
an explanation to the National Commission regarding,
any substantial differences regarding the
implementation of this Act between--
(i) the actions of the Assistant Secretary;
and
(ii)(I) the goals and strategic plan
approved by the National Commission under
paragraph (1)(A);
(II) the proposals approved by the National
Commission under subparagraph (B) or (C) of
paragraph (1);
(III) the evaluation and monitoring plan
approved by the National Commission under
paragraph (1)(D); or
(IV) the report approved by the National
Commission under paragraph (1)(E); and
(H) consult with appropriate Federal agencies in
administering the programs and initiatives carried out
under this Act.
(3) Specific duties of the assistant secretary.--
(A) National policy goals and strategic plan.--
(i) National policy goals.--After a review
of State strategic plans developed under
section 7(c)(4), and input from Local Boards,
the Assistant Secretary shall develop and issue
national policy goals that are based on the
process and outcome objectives specified in
such plans.
(ii) National strategic plan for youth
development.--Based on the national policy
goals, the Assistant Secretary shall develop a
national strategic plan for youth development,
including specific process and outcome
objectives, designed to achieve the national
policy goals.
(B) Regulations.--The Assistant Secretary shall
issue all regulations necessary for the administration
of this Act, including--
(i) regulations (regarding funding
formulas) described in paragraphs (2) and (4)
of section 5(b);
(ii) regulations (regarding appeals of
denials of local strategic plans) under section
6(f)(3);
(iii) regulations (regarding certification,
and appeals of denials of certification, of
organizations as community-based youth
development organizations) under section
6(g)(3);
(iv) regulations (regarding review of the
applications of Local Boards by State
Commissions) under section 7(c)(1);
(v) effective practice standards described
in subparagraph (C);
(vi) regulations that specify a process for
certifying that an organization qualifies as a
national youth development organization; and
(vii) interim final regulations governing
the first fiscal year of operation under this
Act, which shall be issued within 120 days
after the appointment of the National
Commission.
(C) Effective practice standards.--The Assistant
Secretary shall develop and issue standards that
specify effective practices for conducting community-
based youth development programs, and such specified
practices shall include--
(i) addressing one or more of the process
objectives, and one or more of the outcome
objectives, identified in the local strategic
plan described in section 6(f)(1);
(ii) incorporating components that promote
the competencies described in section 4(15)(A)
in youth;
(iii) recognizing the primary role of the
family in positive youth development and
seeking to strengthen families;
(iv) promoting the involvement of youth,
parents, and other community members in the
planning and implementation of the program;
(v) coordinating services with other youth
and family services in the community, and
helping participants access the services;
(vi) exposing youth to a variety of adult
role models and mentors;
(vii) encouraging youth leadership and
civic involvement;
(viii) seeking to establish a long-term
relationship with participating youth;
(ix) employing strong outreach efforts to
low-income youth and their families;
(x) providing age-appropriate programs;
(xi) providing programs that--
(I) are open to all youth
regardless of such factors as race,
color, religion, sex, national origin,
disability, or social or economic
background; or
(II) target a population related on
the basis of one or more of such
factors, if such targeting is designed
to meet the special needs of such
population; and
(xii) using not less than 5 percent and not
more than 10 percent of funds made available
through the grant to provide preservice and
inservice training and educational materials
and services for program staff.
(D) Monitoring and evaluation.--The Assistant
Secretary shall develop and establish a system for
monitoring and evaluating the effectiveness of
activities funded under this Act. The system shall
utilize the standards for effective practices issued
under subparagraph (C).
(E) Coordination.--The Assistant Secretary shall
consult with appropriate Federal agencies to ensure
effective coordination of programs funded under this
Act with other Federal programs serving youth and
families.
(F) Report.--Every 2 years, the Assistant Secretary
shall submit to the President and the Congress a report
describing the activities funded under this Act, and an
assessment of the effectiveness of the activities in
meeting the process and outcome objectives described in
subparagraph (A)(ii).
(d) Relationship to Federal Council on Children, Youth, and
Families.--To provide improved coordination of public and private
services for youth and their families, the National Commission shall--
(1) consult with the Federal Council on Children, Youth,
and Families established under section 918 of the Claude Pepper
Young Americans Act of 1990 (42 U.S.C. 12314), in developing
and implementing strategies for improved coordination between
activities funded under this Act and other public and private
services for youth and their families; and
(2) submit a copy of any reports required under subsection
(c)(3)(F) to the Federal Council on Children, Youth, and
Families, concurrently with the submission of the report to the
President and the Congress.
(e) Staff and Consultants.--
(1) Staff.--
(A) In general.--The National Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties.
(B) Compensation.--The National Commission may fix
the compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(2) Consultants.--The executive director may procure the
temporary and intermittent services of experts and consultants
and compensate the experts and consultants in accordance with
section 3109(b) of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of such title.
(3) Details of personnel.--The head of any Federal
department or agency may detail on a reimbursable basis, or on
a nonreimbursable basis for not to exceed 180 calendar days
during any fiscal year, as agreed upon by the Director and the
head of the Federal agency, any of the personnel of that
department or agency to the National Commission to assist the
Commission in carrying out the duties of the Commission under
this Act. Any detail shall not interrupt or otherwise affect
the civil service status or privileges of the Federal employee.
<all>
HR 4086 IH----2
HR 4086 IH----3
HR 4086 IH----4
HR 4086 IH----5