§11903a. Public and assisted housing youth sports programs
(a) Public housing youth sports program grants
From amounts provided for public and assisted housing drug elimination grants under section 11909(a) of this title, the Secretary of Housing and Urban Development may make grants to qualified entities under subsection (b) of this section to carry out youth sports programs for residents of projects of public housing agencies with substantial drug problems.
(b) Entities qualified to receive grants
Grants under this section may be made only to-
(1) States;
(2) units of general local government;
(3) local park and recreation districts and agencies;
(4) public housing agencies;
(5) nonprofit organizations and institutions of higher learning providing youth sports services programs;
(6) Indian tribes;
(7) Indian housing authorities; and
(8) institutions of higher learning that have never participated in a youth sports program assisted under this section.
(c) Use of grants
(1) Public housing sites with substantial drug problems
Grants under this section shall be used for youth sports programs only with respect to public housing sites that the Secretary determines have a substantial problem regarding the use or sale of illegal drugs.
(2) Youth sports program eligibility
To be eligible to receive assistance from a grant under this section, a youth sports program shall be designed and organized as follows:
(A) The sports program shall serve primarily youths from the public housing project in which the program assisted by the grant is operated.
(B) The sports program shall provide positive sports activities or positive cultural, recreational, or other activities, designed to appeal to youths as alternatives to the drug environment in the public housing project.
(C) The sports program shall be operated as, in conjunction with, or in furtherance of, an organized program or plan designed to eliminate drugs and drug-related problems in the public housing project or projects within the public housing agency.
(3) Midnight basketball league programs
Notwithstanding any other provision of this subsection and subsection (d) of this section, a grant under this section may be used to carry out any youth sports program that meets the requirements of a midnight basketball league program under subsection (l)(4) of this section (not including subparagraph (B) of such subsection) if the program serves primarily youths and young adults from the public housing project in which the program assisted by the grant is operated.
(d) Eligible activities
Any qualified entity that receives a grant under this section may use amounts from the grant to assist in carrying out a youth sports program in any of the following manners:
(1) Acquisition, construction, or rehabilitation of community centers, parks, or playgrounds.
(2) Redesigning or modifying public spaces in public housing projects to provide increased utilization of the areas by youth sports programs.
(3) Provision of public services, including salaries and expenses for staff of youth sports programs, cultural activities, transportation costs, educational programs relating to drug abuse, and sports and recreation equipment.
(4) In the case only of an eligible entity described in subsection (b)(8) of this section, any transportation costs in connection with the program.
(e) Grant amount limitations
(1) Matching amount
The Secretary may not make a grant to any qualified entity that applies for a grant under subsection (f) of this section unless the applicant entity certifies to the Secretary, as the Secretary shall require, that the applicant will supplement the amount provided by the grant with an amount of funds from non-Federal sources equal to or greater than 50 percent of the amount provided by the grant.
(2) Non-Federal funds
For purposes of this subsection, the term "funds from non-Federal sources" includes funds from States, units of general local governments, or agencies of such governments, Indian tribes, private contributions, any salary paid to staff to carry out the youth sports program of the recipient, the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary, the value of any donated material, equipment, or building, and the value of any lease on a building.
(3) Prohibition of substitution of funds
Neither amounts received from grants under this section nor any State or local government funds used to supplement such amounts may be used to replace other public funds previously used, or designated for use, for the purposes under this Act.
(4) Maximum annual grant amount
For any single fiscal year, the Secretary may not award grants under this section for carrying out a youth sports program with respect to any single public housing project in an amount exceeding $125,000.
(f) Applications
To be eligible to receive a grant under this section, a qualified entity under subsection (b) of this section shall submit to the Secretary an application as the Secretary may require, which shall include the following:
(1) A description of the organization of the youth sports program.
(2) A description of the nature of services provided by the youth sports program.
(3) An estimate of the number of youth involved.
(4) A description of the extent of involvement of local sports organizations or sports figures.
(5) A description of the facilities used.
(6) A description of plans to continue the youth sports program in the future.
(7) A statement regarding the extent to which the youth sports program meets the criteria for selection under subsection (g) of this section.
(8) A description of the planned schedule and activities of the youth sports program and the financial and other resources committed to each activity and service of the program.
(9) A budget describing the share of the costs of the youth sports program provided by the grant under this section and other sources of funds, including funds required under subsection (e)(1) of this section.
(10) Any other information that the Secretary may require.
(g) Selection criteria
The Secretary shall select qualified entities that have applied under subsection (f) of this section to receive grants under this section pursuant to a competition based on the following criteria:
(1) The extent to which the youth sports program to be assisted with the grant addresses the particular needs of the area to be served by the program and employs methods, approaches, or ideas in the design or implementation of the program particularly suited to fulfilling such needs (whether such methods are conventional or unique and innovative).
(2) The technical merit of the application of the qualified entity.
(3) The qualifications, capabilities, and experience of the personnel and staff of the sports program who are critical to achieving the objectives of the program as described in the application.
(4) The capabilities, related experience, facilities, techniques of the applicant for carrying out the youth sports program and achieving the objectives of the program as described in the application and the potential of the applicant for continuing the youth sports program.
(5) The severity of the drug problem at the local public housing site for the youth sports program and the extent of any planned or actual efforts to rid the site of the problem.
(6) The extent to which local sports organizations or sports figures are involved.
(7) The extent of the support of the public housing agency for the program, coordination of proposed activities with local resident management groups or associations (where such groups exist) and coordination of proposed activities with ongoing programs of the applicant that further the purposes of this section.
(8) The extent of non-Federal contributions that exceed the amount of such funds required under subsection (e)(1) of this section.
(9) In the case of a qualified entity under paragraph (3) or (4) of subsection (b) of this section, the extent to which the applicant has demonstrated local government support for the program.
(h) Report
Each qualified entity that receives a grant under this section shall submit to the Secretary, not later than the expiration of the 90-day period beginning on the date on which the grant amounts provided under this section are fully expended, a report describing the activities carried out with the grant.
(i) Definitions
For purposes of this section:
(1) Indian tribe
The term "Indian tribe" has the meaning given such term in section 5302(a)(17) of this title.
(2) Public housing agency
The term "public housing agency" has the meaning given the term in section 1437a(b) of this title.
(3) Public housing project
The terms "project" and "public housing" have the meanings given the terms in section 1437a(b) of this title.
(4) Qualified entity
The term "qualified entity" means an entity eligible under subsection (b) of this section to apply for and receive a grant under this section.
(5) State
The term "State" means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(6) Unit of general local government
The term "unit of general local government" means any city, town, township, county, parish, village, or other general purpose political subdivision of a State.
(7) Secretary
The term "Secretary" means the Secretary of Housing and Urban Development.
(j) Regulations
The Secretary shall issue any regulations necessary to carry out this section.
(k) Omitted
(l) Midnight basketball league training and partnership programs
(1) Authority
The Secretary shall make grants, to the extent that amounts are approved in appropriations Acts under paragraph (13), to-
(A) eligible entities to assist such entities in carrying out midnight basketball league programs meeting the requirements of paragraph (4); and
(B) eligible advisory entities to provide technical assistance to eligible entities in establishing and operating such midnight basketball league programs.
(2) Eligible entities
(A) In general
Subject to subparagraph (B), grants under paragraph (1)(A) may be made only to the following eligible entities:
(i) Entities eligible under subsection (b) of this section for a grant under subsection (a) of this section.
(ii) Nonprofit organizations providing employment counseling, job training, or other educational services.
(iii) Nonprofit organizations providing federally assisted low-income housing.
(B) Prohibition on second grants
A grant under paragraph (1)(A) may not be made to an eligible entity if the entity has previously received a grant under such paragraph, except that the Secretary may exempt an eligible advisory entity from the prohibition under this subparagraph in extraordinary circumstances.
(3) Use of grant amounts
Any eligible entity that receives a grant under paragraph (1)(A) may use such amounts only-
(A) to establish or carry out a midnight basketball league program under paragraph (4);
(B) for salaries for administrators and staff of the program;
(C) for other administrative costs of the program, except that not more than 5 percent of the grant amount may be used for such administrative costs; and
(D) for costs of training and assistance provided under paragraph (4)(I).
(4) Program requirements
Each eligible entity receiving a grant under paragraph (1)(A) shall establish a midnight basketball league program as follows:
(A) The program shall establish a basketball league of not less than 8 teams having 10 players each.
(B) Not less than 50 percent of the players in the basketball league shall be residents of federally assisted low-income housing or members of low-income families (as such term is defined in section 1437a(b) of this title).
(C) The program shall be designed to serve primarily youths and young adults from a neighborhood or community whose population has not less than 2 of the following characteristics (in comparison with national averages):
(i) A substantial problem regarding use or sale of illegal drugs.
(ii) A high incidence of crimes committed by youths or young adults.
(iii) A high incidence of persons infected with the human immunodeficiency virus or sexually transmitted diseases.
(iv) A high incidence of pregnancy or a high birth rate, among adolescents.
(v) A high unemployment rate for youths and young adults.
(vi) A high rate of high school drop-outs.
(D) The program 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 immediately following the conclusion of league basketball games at or near the site of the games and at other specified times.
(E) The program shall serve only youths and young adults who demonstrate a need for such counseling, training, and education provided by the program, in accordance with criteria for demonstrating need, which shall be established by the Secretary, in consultation with the Advisory Committee.
(F) The majority of the basketball games of the league shall be held between the hours of 10:00 p.m. and 2:00 a.m. at a location in the neighborhood or community served by the program.
(G) The program shall obtain sponsors for each team in the basketball league. Sponsors shall be private individuals or businesses in the neighborhood or community served by the program who make financial contributions to the program and participate in or supplement the employment, job training, and educational services provided to the players under the program with additional training or educational opportunities.
(H) The program shall comply with any criteria established by the Secretary, in consultation with the Advisory Committee established under paragraph (9).
(I) Administrators or organizers of the program shall receive training and technical assistance provided by eligible advisory entities receiving grants under paragraph (8).
(5) Grant amount limitations
(A) Private contributions
The Secretary may not make a grant under paragraph (1)(A) to an eligible entity that applies for a grant under paragraph (6) unless the applicant entity certifies to the Secretary that the entity will supplement the grant amounts with amounts of funds from non-Federal sources, as follows:
(i) In each of the first 2 years that amounts from the grant are disbursed (under subparagraph (E)), an amount sufficient to provide not less than 35 percent of the cost of carrying out the midnight basketball league program.
(ii) In each of the last 3 years that amounts from the grant are disbursed, an amount sufficient to provide not less than 50 percent of the cost of carrying out the midnight basketball league program.
(B) Non-Federal funds
For purposes of this paragraph, the term "funds from non-Federal sources" includes amounts from nonprofit organizations, public housing agencies, States, units of general local government, and Indian housing authorities, private contributions, any salary paid to staff (other than from grant amounts under paragraph (1)(A)) to carry out the program of the eligible entity, in-kind contributions to carry out the program (as determined by the Secretary after consultation with the Advisory Committee), the value of any donated material, equipment, or building, the value of any lease on a building, the value of any utilities provided, and the value of any time and services contributed by volunteers to carry out the program of the eligible entity.
(C) Prohibition on substitution of funds
Grant amounts under paragraph (1)(A) and amounts provided by States and units of general local government to supplement grant amounts may not be used to replace other public funds previously used, or designated for use, under this section.
(D) Maximum and minimum grant amounts
(i) In general
The Secretary may not make a grant under paragraph (1)(A) to any single eligible entity in an amount less than $55,000 or exceeding $130,000, except as provided in clause (ii).
(ii) Exception for large leagues
In the case of a league having more than 80 players, a grant under paragraph (1)(A) may exceed $130,000, but may not exceed the amount equal to 35 percent of the cost of carrying out the midnight basketball league program.
(E) Disbursement
Amounts provided under a grant under paragraph (1)(A) shall be disbursed to the eligible entity receiving the grant over the 5-year period beginning on the date that the entity is selected to receive the grant, as follows:
(i) In each of the first 2 years of such 5-year period, 23 percent of the total grant amount shall be disbursed to the entity.
(ii) In each of the last 3 years of such 5-year period, 18 percent of the total grant amount shall be disbursed to the entity.
(6) Applications
To be eligible to receive a grant under paragraph (1)(A), an eligible entity shall submit to the Secretary an application in the form and manner required by the Secretary (after consultation with the Advisory Committee), which shall include-
(A) a description of the midnight basketball league program to be carried out by the entity, including a description of the employment counseling, job training, and other educational services to be provided;
(B) letters of agreement from service providers to provide training and counseling services required under paragraph (4) and a description of such service providers;
(C) letters of agreement providing for facilities for basketball games and counseling, training, and educational services required under paragraph (4) and a description of the facilities;
(D) a list of persons and businesses from the community served by the program who have expressed interest in sponsoring, or have made commitments to sponsor, a team in the midnight basketball league; and
(E) evidence that the neighborhood or community served by the program meets the requirements of paragraph (4)(C).
(7) Selection
The Secretary, in consultation with the Advisory Committee, shall select eligible entities that have submitted applications under paragraph (6) to receive grants under paragraph (1)(A). The Secretary, in consultation with the Advisory Committee, shall establish criteria for selection of applicants to receive such grants. The criteria shall include a preference for selection of eligible entities carrying out midnight basketball league programs in suburban and rural areas.
(8) Technical assistance grants
Technical assistance grants under paragraph (1)(B) shall be made as follows:
(A) Eligible advisory entities
Technical assistance grants may be made only to entities that-
(i) are experienced and have expertise in establishing, operating, or administering successful and effective programs for midnight basketball and employment, job training, and educational services similar to the programs under paragraph (4); and
(ii) have provided technical assistance to other entities regarding establishment and operation of such programs.
(B) Use
Amounts received under technical assistance grants shall be used to establish centers for providing technical assistance to entities receiving grants under paragraph (1)(A) of this subsection and subsection (a) of this section regarding establishment, operation, and administration of effective and successful midnight basketball league programs under this subsection and subsection (c)(3) of this section.
(C) Number and amount
To the extent that amounts are provided in appropriations Acts under paragraph (13)(B) in each fiscal year, the Secretary shall make technical assistance grants under paragraph (1)(B). In each fiscal year that such amounts are available the Secretary shall make 4 such grants, as follows:
(i) 2 grants shall be made to eligible advisory entities for development of midnight basketball league programs in public housing projects.
(ii) 2 grants shall be made to eligible advisory entities for development of midnight basketball league programs in suburban or rural areas.
(iii) Each grant shall be in an amount not exceeding $25,000.
(9) Advisory Committee
The Secretary of Housing and Urban Development shall appoint an Advisory Committee to assist the Secretary in providing grants under this subsection. The Advisory Committee shall be composed of not more than 7 members, as follows:
(A) Not less than 2 individuals who are involved in managing or administering midnight basketball programs that the Secretary determines have been successful and effective. Such individuals may not be involved in a program assisted under this subsection or a member or employee of an eligible advisory entity that receives a technical assistance grant under paragraph (1)(B).
(B) A representative of the Center for Substance Abuse Prevention of the Public Health Service, Department of Health and Human Services, who is involved in administering the grant program for prevention, treatment, and rehabilitation model projects for high risk youth under section 290aa–8 1 of this title who shall be selected by the Secretary of Health and Human Services.
(C) A representative of the Department of Education, who shall be selected by the Secretary of Education.
(D) A representative of the Department of Health and Human Services, who shall be selected by the Secretary of Health and Human Services from among officers and employees of such Department involved in issues relating to high-risk youth.
(10) Reports
The Secretary shall require each eligible entity receiving a grant under paragraph (1)(A) and each eligible advisory entity receiving a grant under paragraph (1)(B) to submit to the Secretary, for each year in which grant amounts are received by the entity, a report describing the activities carried out with such amounts.
(11) Study
To the extent amounts are provided under appropriation Acts pursuant to paragraph (13)(C), the Secretary shall make a grant to one entity qualified to carry out a study under this paragraph. The entity shall use such grant amounts to carry out a scientific study of the effectiveness of midnight basketball league programs under paragraph (4) of eligible entities receiving grants under paragraph (1)(A). The Secretary shall require such entity to submit a report describing the study and any conclusions and recommendations resulting from the study to the Congress and the Secretary not later than the expiration of the 2-year period beginning on the date that the grant under this paragraph is made.
(12) Definitions
For purposes of this subsection:
(A) The term "Advisory Committee" means the Advisory Committee established under paragraph (9).
(B) The term "eligible advisory entity" means an entity meeting the requirements under paragraph (8)(A).
(C) The term "eligible entity" means an entity described under paragraph (2)(A).
(D) The term "federally assisted low-income housing" has the meaning given the term in section 11905 of this title.
(E) The term "Secretary" unless otherwise specified, means the Secretary of Housing and Urban Development.
(13) Authorization of appropriations
There are authorized to be appropriated-
(A) for grants under paragraph (1)(A), $2,650,000 in each of fiscal years 1994 and 1995;
(B) for technical assistance grants under paragraph (1)(B), $100,000 in each of fiscal years 1994 and 1995; and
(C) for a study grant under paragraph (11), $250,000 in fiscal year 1994.
(
References in Text
This Act, referred to in subsec. (e)(3), is the Cranston-Gonzalez National Affordable Housing Act,
Section 1437a(b) of this title, referred to in subsec. (i)(3), was in the original "section 3(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))", and was translated as reading "section 3(b) of the United States Housing Act of 1937" to reflect the probable intent of Congress.
Section 290aa–8 of this title, referred to in subsec. (l)(9)(B), was in the original a reference to section 509A of the Public Health Service Act. Section 509A of that Act was renumbered section 517 and amended by
Codification
Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of Public and Assisted Housing Drug Elimination Act of 1990 which comprises this subchapter.
Section is comprised of section 520 of
Amendments
1994-
Subsec. (a).
Subsec. (c)(3).
Subsec. (l).
1992-Subsec. (a).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (d)(3).
Subsec. (d)(4).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in section 11909 of this title.