Part B—Local Crime Prevention Block Grant Program
§13751. Payments to local governments
(a) Payment and use
(1) Payment
The Attorney General,1 shall pay to each unit of general local government which qualifies for a payment under this part an amount equal to the sum of any amounts allocated to the government under this part for each payment period. The Attorney General shall pay such amount from amounts appropriated under
(2) Use
Amounts paid to a unit of general local government under this section shall be used by that unit for carrying out one or more of the following purposes:
(A) Education, training, research, prevention, diversion, treatment, and rehabilitation programs to prevent juvenile violence, juvenile gangs, and the use and sale of illegal drugs by juveniles.
(B) Programs to prevent crimes against the elderly based on the concepts of the Triad model.
(C) Programs that prevent young children from becoming gang involved, including the award of grants or contracts to community-based service providers that have a proven track record of providing services to children ages 5 to 18.
(D) Saturation jobs programs, offered either separately or in conjunction with the services provided for under the Youth Fair Chance Program, that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults 16 through 25 years of age.
(E) Midnight sports league programs that shall require each player in the league to attend employment counseling, job training, and other educational classes provided under the program, which shall be held in conjunction with league sports games at or near the site of the games.
(F) Supervised sports and recreation programs, including Olympic Youth Development Centers established in cooperation with the United States Olympic Committee, that are offered—
(i) after school and on weekends and holidays, during the school year; and
(ii) as daily (or weeklong) full-day programs (to the extent available resources permit) or as part-day programs, during the summer months.
(G) Prevention and enforcement programs to reduce—
(i) the formation or continuation of juvenile gangs; and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and secondary school students a structured forum through which to work with community organizations, law enforcement officials, government and media representatives, and school administrators and faculty to address issues regarding youth and violence.
(I) Award of grants or contracts to the Boys and Girls Clubs of America, a national nonprofit youth organization, to establish Boys and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have been removed from their parents and placed outside the home as a result of abuse or neglect or other risk of harm to them and for children whose parents are separated or divorced and the children are at risk because—
(i) there is documented sexual, physical, or emotional abuse as determined by a court of competent jurisdiction;
(ii) there is suspected or elevated risk of sexual, physical, or emotional abuse, or there have been threats of parental abduction of the child;
(iii) due to domestic violence, there is an ongoing risk of harm to a parent or child;
(iv) a parent is impaired because of substance abuse or mental illness;
(v) there are allegations that a child is at risk for any of the reasons stated in clauses (i), (ii), (iii), and (iv), pending an investigation of the allegations; or
(vi) other circumstances, as determined by a court of competent jurisdiction, point to the existence of such a risk.
(K) Family Outreach Teams which provide a youth worker, a parent worker, and a school-parent organizer to provide training in outreach, mentoring, community organizing and peer counseling and mentoring to locally recruited volunteers in a particular area.
(L) To establish corridors of safety for senior citizens by increasing the numbers, presence, and watchfulness of law enforcement officers, community groups, and business owners and employees.
(M) Teams or units involving both specially trained law enforcement professionals and child or family services professionals that on a 24-hour basis respond to or deal with violent incidents in which a child is involved as a perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without charge or at a substantially reduced rent for the purpose of providing greater security for residents of high crime areas.
(b) Timing of payments
The Attorney General shall pay each amount allocated under this part to a unit of general local government for a payment period by the later of 90 days after the date the amount is available or the first day of the payment period if the unit of general local government has provided the Attorney General with the assurances required by
(c) Adjustments
(1) In general
Subject to paragraph (2), the Attorney General shall adjust a payment under this part to a unit of general local government to the extent that a prior payment to the government was more or less than the amount required to be paid.
(2) Considerations
The Attorney General may increase or decrease under this subsection a payment to a unit of general local government only if the Attorney General determines the need for the increase or decrease, or the unit requests the increase or decrease, within one year after the end of the payment period for which the payment was made.
(d) Reservation for adjustments
The Attorney General may reserve a percentage of not more than 2 percent of the amount under this section for a payment period for all units of general local government in a State if the Attorney General considers the reserve is necessary to ensure the availability of sufficient amounts to pay adjustments after the final allocation of amounts among the units of general local government in the State.
(e) Repayment of unexpended amounts
(1) Repayment required
A unit of general local government shall repay to the Attorney General, by not later than 15 months after receipt from the Attorney General, any amount that is—
(A) paid to the unit from amounts appropriated under the authority of this section; and
(B) not expended by the unit within one year after receipt from the Attorney General.
(2) Penalty for failure to repay
If the amount required to be repaid is not repaid, the Attorney General shall reduce payments in future payment periods accordingly.
(3) Deposit of amounts repaid
Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to units of general local government.
(f) Nonsupplanting requirement
Funds made available under this part to units of local government shall not be used to supplant State or local funds, but will be used to increase the amount of funds that would, in the absence of funds under this part, be made available from State or local sources.
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National Police Athletic League Youth Enrichment
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'National Police Athletic League Youth Enrichment Act of 2000'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The goals of the Police Athletic League are to—
"(A) increase the academic success of youth participants in PAL programs;
"(B) promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built;
"(C) increase school attendance by providing alternatives to suspensions and expulsions;
"(D) reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours;
"(E) provide youths with alternatives to drugs, alcohol, tobacco, and gang activity;
"(F) create positive communications and interaction between youth and law enforcement personnel; and
"(G) prepare youth for the workplace.
"(2) The Police Athletic League, during its 55-year history as a national organization, has proven to be a positive force in the communities it serves.
"(3) The Police Athletic League is a network of 1,700 facilities serving over 3,000 communities. There are 320 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages 5 to 18, nationwide.
"(4) Based on PAL chapter demographics, approximately 82 percent of the youths who benefit from PAL programs live in inner cities and urban areas.
"(5) PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters receive no direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement.
"(6) Today's youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 17 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m.
"(7) Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 1999 than ever before.
"(8) Many distressed areas in the United States are still underserved by PAL chapters.
"SEC. 3. PURPOSE.
"The purpose of this Act is to provide adequate resources in the form of—
"(1) assistance for the 320 established PAL chapters to increase of services to the communities they are serving; and
"(2) seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2006.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 5. GRANTS AUTHORIZED.
"(a)
"(b)
"(1)
"(A) a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year;
"(B) a plan to ensure that there are a total of not less than 570 PAL chapters in operation before January 1, 2004;
"(C) a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and
"(D) an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued.
"(2)
"SEC. 6. USE OF FUNDS.
"(a)
"(1)
"(2)
"(A) not less than two programs shall provide—
"(i) mentoring assistance;
"(ii) academic assistance;
"(iii) recreational and athletic activities; or
"(iv) technology training; and
"(B) any remaining programs shall provide—
"(i) drug, alcohol, and gang prevention activities;
"(ii) health and nutrition counseling;
"(iii) cultural and social programs;
"(iv) conflict resolution training, anger management, and peer pressure training;
"(v) job skill preparation activities; or
"(vi) Youth Police Athletic League Conferences or Youth Forums.
"(b)
"(1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways;
"(2) ensure that youth in the local community participate in designing the after-school activities;
"(3) develop creative methods of conducting outreach to youth in the community;
"(4) request donations of computer equipment and other materials and equipment; and
"(5) work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served.
"SEC. 7. REPORTS.
"(a)
"(b)
"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"(1) not less than 2 percent shall be used for research and evaluation of the grant program under this Act;
"(2) not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and
"(3) not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent."
Kids 2000 Crime Prevention and Computer Education Initiative
"(a)
"(b)
"(1) There is an increasing epidemic of juvenile crime throughout the United States.
"(2) It is well documented that the majority of juvenile crimes take place during after-school hours.
"(3) Knowledge of technology is becoming increasingly necessary for children in school and out of school.
"(4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities.
"(5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after-school technology program.
"(6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at-risk youth.
"(7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America.
"(8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age.
"(9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not.
"(c)
"(1)
"(A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after-school hours, weekends, and school vacations;
"(B) supervised activities in safe environments for youth; and
"(C) full-time staffing with teachers, tutors, and other qualified personnel.
"(2)
"(d)
"(1)
"(2)
"(A) a request for a subgrant to be used for the purposes of this section;
"(B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities;
"(C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section;
"(D) written assurances that all activities funded under this section will be supervised by qualified adults;
"(E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs;
"(F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and
"(G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require.
"(e)
"(1) the ability of the applicant to provide the intended services;
"(2) the history and establishment of the applicant in providing youth activities; and
"(3) the extent to which services will be provided in crime-prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards.
"(f)
"(1)
"(2)
"(3)
Establishment of Boys and Girls Clubs
"(a)
"(1)
"(A) the Boys and Girls Clubs of America, chartered by an Act of Congress on December 10, 1991 [
"(B) there are 1,810 Boys and Girls Clubs facilities throughout the United States, Puerto Rico, and the United States Virgin Islands, serving 2,420,000 youths nationwide;
"(C) 71 percent of the young people who benefit from Boys and Girls Clubs programs live in our inner cities and urban areas;
"(D) Boys and Girls Clubs are locally run and have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement;
"(E) Boys and Girls Clubs are located in 289 public housing sites across the Nation;
"(F) public housing projects in which there is an active Boys and Girls Club have experienced a 25 percent reduction in the presence of crack cocaine, a 22 percent reduction in overall drug activity, and a 13 percent reduction in juvenile crime;
"(G) these results have been achieved in the face of national trends in which overall drug use by youth has increased 105 percent since 1992 and 10.9 percent of the Nation's young people use drugs on a monthly basis; and
"(H) many public housing projects and other distressed areas are still underserved by Boys and Girls Clubs.
"(2)
"(b)
"(1) the terms 'public housing' and 'project' have the same meanings as in section 3(b) of the United States Housing Act of 1937 [
"(2) the term 'distressed area' means an urban, suburban, rural area, or Indian reservation with a population of high risk youth as defined in section 517 of the Public Health Service Act (
"(c)
"(1)
"(2)
"(A) includes a long-term strategy to establish 1,000 additional Boys and Girls Clubs and detailed summary of those areas in which new facilities will be established, or in which existing facilities will be expanded to serve additional youths, during the next fiscal year;
"(B) includes a plan to ensure that there are a total of not less than 2,500 Boys and Girls Clubs of America facilities in operation before January 1, 2000;
"(C) certifies that there will be appropriate coordination with those communities where clubs will be located; and
"(D) explains the manner in which new facilities will operate without additional, direct Federal financial assistance to the Boys and Girls Clubs once assistance under this subsection is discontinued.
"(d)
"(e)
"(1)
"(A) $20,000,000 for fiscal year 1997;
"(B) $20,000,000 for fiscal year 1998;
"(C) $20,000,000 for fiscal year 1999;
"(D) $20,000,000 for fiscal year 2000; and
"(E) $20,000,000 for fiscal year 2001.
"(2)
"(f)
"(1) not more than 5 percent may be used to provide a grant to the Boys and Girls Clubs of America for administrative, travel, and other costs associated with a national role-model speaking tour program; and
"(2) no amount may be used to compensate speakers other than to reimburse speakers for reasonable travel and accommodation costs associated with the program described in paragraph (1)."
[Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
§13752. Authorization of appropriations
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) Administrative costs
Up to 2.5 percent of the amount authorized to be appropriated under subsection (b) 1 of this section is authorized to be appropriated for the period fiscal year 1995 through fiscal year 2000 to be available for administrative costs by the Attorney General in furtherance of the purposes of the program. Such sums are to remain available until expended.
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Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be subsection "(a)".
§13753. Qualification for payment
(a) In general
The Attorney General shall issue regulations establishing procedures under which eligible units of general local government are required to provide notice to the Attorney General of the units' proposed use of assistance under this part.
(b) General requirements for qualification
A unit of general local government qualifies for a payment under this part for a payment period only after establishing to the satisfaction of the Attorney General that—
(1) the government will establish a trust fund in which the government will deposit all payments received under this part;
(2) the government will use amounts in the trust fund (including interest) during a reasonable period;
(3) the government will expend the payments so received, in accordance with the laws and procedures that are applicable to the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed by the government in a public employee occupation is paid out of the trust fund, individuals in the occupation any part of whose pay is paid out of the trust fund will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government;
(5) the government will use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Attorney General. As applicable, amounts received under this part shall be audited in compliance with the Single Audit Act of 1984 [
(6) after reasonable notice to the government, the government will make available to the Attorney General and the Comptroller General of the United States, with the right to inspect, records the Attorney General reasonably requires to review compliance with this part or the Comptroller General of the United States reasonably requires to review compliance and operations;
(7) the government will make reports the Attorney General reasonably requires, in addition to the annual reports required under this part; and
(8) the government will spend the funds only for the purposes set forth in
(c) Review by Governors
A unit of general local government shall give the chief executive officer of the State in which the government is located an opportunity for review and comment before establishing compliance with subsection (d) of this section.
(d) Sanctions for noncompliance
(1) In general
If the Attorney General decides that a unit of general local government has not complied substantially with subsection (b) of this section or regulations prescribed under subsection (b) of this section, the Attorney General shall notify the government. The notice shall state that if the government does not take corrective action by the 60th day after the date the government receives the notice, the Attorney General will withhold additional payments to the government for the current payment period and later payment periods until the Attorney General is satisfied that the government—
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) of this section and regulations prescribed under subsection (b) of this section.
(2) Notice
Before giving notice under paragraph (1), the Attorney General shall give the chief executive officer of the unit of general local government reasonable notice and an opportunity for comment.
(3) Payment conditions
The Attorney General may make a payment to a unit of general local government notified under paragraph (1) only if the Attorney General is satisfied that the government—
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) of this section and regulations prescribed under subsection (b) of this section.
(
References in Text
The Single Audit Act of 1984, referred to in subsec. (b)(5), is
Amendments
1996—Subsec. (b)(5).
Section Referred to in Other Sections
This section is referred to in
§13754. Allocation and distribution of funds
(a) State distribution
For each payment period, the Attorney General shall allocate out of the amount appropriated for the period under the authority of
(1) 0.25 percent to each State; and
(2) of the total amount of funds remaining after allocation under paragraph (1), an amount that is equal to the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993.
(b) Local distribution
(1) The Attorney General shall allocate among the units of general local government in a State the amount allocated to the State under paragraphs (1) and (2) of subsection (a) of this section.
(2) The Attorney General shall allocate to each unit of general local government an amount which bears the ratio that the number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all units in the State in which the unit is located to the Federal Bureau of Investigation for 1993 multiplied by the ratio of the population living in all units in the State in which the unit is located that reported part 1 violent crimes to the Federal Bureau of Investigation for 1993 bears to the population of the State; or if such data are not available for a unit, the ratio that the population of such unit bears to the population of all units in the State in which the unit is located for which data are not available multiplied by the ratio of the population living in units in the State in which the unit is located for which data are not available bears to the population of the State.
(3) If under paragraph (2) a unit is allotted less than $5,000 for the payment period, the amount allotted shall be transferred to the Governor of the State who shall equitably distribute the allocation to all such units or consortia thereof.
(4) If there is in a State a unit of general local government that has been incorporated since the date of the collection of the data used by the Attorney General in making allocations pursuant to this section, the Attorney General shall allocate to this newly incorporated local government, out of the amount allocated to the State under this section, an amount bearing the same ratio to the amount allocated to the State as the population of the newly incorporated local government bears to the population of the State. If there is in the State a unit of general local government that has been annexed since the date of the collection of the data used by the Attorney General in making allocations pursuant to this section, the Attorney General shall pay the amount that would have been allocated to this local government to the unit of general local government that annexed it.
(c) Unavailability of information
For purposes of this section, if data regarding part 1 violent crimes in any State for 1993 is unavailable or substantially inaccurate, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for 1993 for such State for the purposes of allocation of any funds under this part.
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Section Referred to in Other Sections
This section is referred to in
§13755. Utilization of private sector
Funds or a portion of funds allocated under this part may be utilized to contract with private, nonprofit entities or community-based organizations to carry out the uses specified under
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Section Referred to in Other Sections
This section is referred to in
§13756. Public participation
A unit of general local government expending payments under this part shall hold at least one public hearing on the proposed use of the payment in relation to its entire budget. At the hearing, persons shall be given an opportunity to provide written and oral views to the governmental authority responsible for enacting the budget and to ask questions about the entire budget and the relation of the payment to the entire budget. The government shall hold the hearing at a time and a place that allows and encourages public attendance and participation.
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Section Referred to in Other Sections
This section is referred to in
§13757. Administrative provisions
The administrative provisions of part H of the Omnibus Crime Control and Safe Streets Act of 1968 [
(
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in text, is
Section Referred to in Other Sections
This section is referred to in
§13758. Definitions
For purposes of this part:
(1) The term "unit of general local government" means—
(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and
(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers.
(2) The term "payment period" means each 1-year period beginning on October 1 of the years 1995 through 2000.
(3) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State and that, for purposes of
(4) The term "children" means persons who are not younger than 5 and not older than 18 years old.
(5) The term "part 1 violent crimes" means murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.
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Section Referred to in Other Sections
This section is referred to in