II

103D CONGRESS

1ST SESSION S. 1005

To amend section 520 of the Cranston-Gonzalez National Affordable Housing

Act to authorize the Secretary of Housing and Urban Development

to make grants to establish midnight basketball league training and

partnership programs incorporating employment counseling, job-training,

and other educational activities for residents of public housing and federally assisted housing and other low-income families.

IN THE SENATE OF THE UNITED STATES

MAY 20 (legislative day, APRIL 19), 1993

Ms. MOSELEY-BRAUN (for herself, Mr. BRADLEY, and Mr. SIMON) introduced

the following bill; which was read twice and referred to the Committee

on Banking, Housing, and Urban Affairs

A BILL

To amend section 520 of the Cranston-Gonzalez National

Affordable Housing Act to authorize the Secretary of

Housing and Urban Development to make grants to establish midnight basketball league training and partnership programs incorporating employment counseling, jobtraining, and other educational activities for residents

of public housing and federally assisted housing and

other low-income families.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Midnight Basketball

3 League Training and Partnership Act’’.

4 SEC. 2. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE

5 TRAINING AND PARTNERSHIP PROGRAMS.

6 Section 520 of the Cranston-Gonzalez National Af7 fordable Housing Act (42 U.S.C. 11903a) is amended—

8 (1) in the section heading by inserting ‘‘AND

9 ASSISTED’’ after ‘‘PUBLIC’’;

10 (2) in the subsection heading for subsection (a),

11 by inserting ‘‘PUBLIC HOUSING’’ before ‘‘YOUTH’’;

12 and

13 (3) by adding at the end the following new sub14 section:

15 ‘‘(l) MIDNIGHT BASKETBALL LEAGUE TRAINING

16 AND PARTNERSHIP PROGRAMS.—

17 ‘‘(1) AUTHORITY.—The Secretary of Housing

18 and Urban Development shall make grants, to the

19 extent that amounts are approved in appropriations

20 Acts under paragraph (13), to—

21 ‘‘(A) eligible entities to assist such entities

22 in carrying out midnight basketball league pro23 grams meeting the requirements of paragraph

24 (4); and

25 ‘‘(B) eligible advisory entities to provide

26 technical assistance to eligible entities in estab-
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1 lishing and operating such midnight basketball

2 league programs.

3 ‘‘(2) ELIGIBLE ENTITIES.—

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), grants under paragraph (1)(A) may

6 be made only to the following eligible entities:

7 ‘‘(i) Entities eligible under subsection

8 (b) for a grant under subsection (a).

9 ‘‘(ii) Nonprofit organizations provid10 ing employment counseling, job training, or

11 other educational services.

12 ‘‘(iii) Nonprofit organizations provid13 ing federally assisted low-income housing.

14 ‘‘(B) PROHIBITION ON SECOND GRANTS.—

15 A grant under paragraph (1)(A) may not be

16 made to an eligible entity if the entity has pre17 viously received a grant under such paragraph,

18 except that the Secretary may exempt an eligi19 ble advisory entity from the prohibition under

20 this subparagraph in extraordinary cir21 cumstances.

22 ‘‘(3) USE OF GRANT AMOUNTS.—Any eligible

23 entity that receives a grant under paragraph (1)(A)

24 may use such amounts only—
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1 ‘‘(A) to establish or carry out a midnight

2 basketball league program under paragraph (4);

3 ‘‘(B) for salaries for administrators and

4 staff of the program;

5 ‘‘(C) for other administrative costs of the

6 program, except that not more than 5 percent

7 of the grant amount may be used for such ad8 ministrative costs; and

9 ‘‘(D) for costs of training and assistance

10 provided under paragraph (4)(I).

11 ‘‘(4) PROGRAM REQUIREMENTS.—Each eligible

12 entity receiving a grant under paragraph (1)(A)

13 shall establish a midnight basketball league program

14 as follows:

15 ‘‘(A) The program shall establish a basket16 ball league of not less than 8 teams having 10

17 players each.

18 ‘‘(B) Not less than 50 percent of the play19 ers in the basketball league shall be residents of

20 federally assisted low-income housing or mem21 bers of low-income families (as such term is de22 fined in section 3(b) of the United States Hous23 ing Act of 1937).

24 ‘‘(C) The program shall be designed to

25 serve primarily youths and young adults from a
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1 neighborhood or community whose population

2 has not less than 2 of the following characteris3 tics (in comparison with national averages):

4 ‘‘(i) A substantial problem regarding

5 use or sale of illegal drugs.

6 ‘‘(ii) A high incidence of crimes com7 mitted by youths or young adults.

8 ‘‘(iii) A high incidence of persons in9 fected with the human immunodeficiency

10 virus or sexually transmitted diseases.

11 ‘‘(iv) A high incidence of pregnancy or

12 a high birth rate, among adolescents.

13 ‘‘(v) A high unemployment rate for

14 youths and young adults.

15 ‘‘(vi) A high rate of high school drop16 outs.

17 ‘‘(D) The program shall require each play18 er in the league to attend employment counsel19 ing, job training, and other educational classes

20 provided under the program, which shall be

21 held immediately following the conclusion of

22 league basketball games at or near the site of

23 the games and at other specified times.

24 ‘‘(E) The program shall serve only youths

25 and young adults who demonstrate a need for
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1 such counseling, training, and education pro2 vided by the program, in accordance with cri3 teria for demonstrating need, which shall be es4 tablished by the Secretary, in consultation with

5 the Advisory Committee.

6 ‘‘(F) The majority of the basketball games

7 of the league shall be held between the hours of

8 10:00 p.m. and 2:00 a.m. at a location in the

9 neighborhood or community served by the pro10 gram.

11 ‘‘(G) The program shall obtain sponsors

12 for each team in the basketball league. Spon13 sors shall be private individuals or businesses in

14 the neighborhood or community served by the

15 program who make financial contributions to

16 the program and participate in or supplement

17 the employment, job training, and educational

18 services provided to the players under the pro19 gram with additional training or educational op20 portunities.

21 ‘‘(H) The program shall comply with any

22 criteria established by the Secretary, in con23 sultation with the Advisory Committee estab24 lished under paragraph (9).
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1 ‘‘(I) Administrators or organizers of the

2 program shall receive training and technical as3 sistance provided by eligible advisory entities re4 ceiving grants under paragraph (8).

5 ‘‘(5) GRANT AMOUNT LIMITATIONS.—

6 ‘‘(A) PRIVATE CONTRIBUTIONS.—The Sec7 retary may not make a grant under paragraph

8 (1)(A) to an eligible entity that applies for a

9 grant under paragraph (6) unless the applicant

10 entity certifies to the Secretary that the entity

11 will supplement the grant amounts with

12 amounts of funds from non-Federal sources, as

13 follows:

14 ‘‘(i) In each of the first 2 years that

15 amounts from the grant are disbursed

16 (under subparagraph (E)), an amount suf17 ficient to provide not less than 35 percent

18 of the cost of carrying out the midnight

19 basketball league program.

20 ‘‘(ii) In each of the last 3 years that

21 amounts from the grant are disbursed, an

22 amount sufficient to provide not less than

23 50 percent of the cost of carrying out the

24 midnight basketball league program.
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1 ‘‘(B) NON-FEDERAL FUNDS.—For pur2 poses of this paragraph, the term ‘funds from

3 non-Federal sources’ includes amounts from

4 nonprofit organizations, public housing agen5 cies, States, units of general local government,

6 and Indian housing authorities, private con7 tributions, any salary paid to staff (other than

8 from grant amounts under paragraph (1)(A))

9 to carry out the program of the eligible entity,

10 in-kind contributions to carry out the program

11 (as determined by the Secretary after consulta12 tion with the Advisory Committee), the value of

13 any donated material, equipment, or building,

14 the value of any lease on a building, the value

15 of any utilities provided, and the value of any

16 time and services contributed by volunteers to

17 carry out the program of the eligible entity.

18 ‘‘(C) PROHIBITION ON SUBSTITUTION OF

19 FUNDS.—Grant amounts under paragraph

20 (1)(A) and amounts provided by States and

21 units of general local government to supplement

22 grant amounts may not be used to replace other

23 public funds previously used, or designated for

24 use, under this section.
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1 ‘‘(D) MAXIMUM AND MINIMUM GRANT

2 AMOUNTS.—

3 ‘‘(i) IN GENERAL.—The Secretary

4 may not make a grant under paragraph

5 (1)(A) to any single eligible entity in an

6 amount less than $55,000 or exceeding

7 $130,000, except as provided in clause (ii).

8 ‘‘(ii) EXCEPTION FOR LARGE

9 LEAGUES.—In the case of a league having

10 more than 80 players, a grant under para11 graph (1)(A) may exceed $130,000, but

12 may not exceed the amount equal to 35

13 percent of the cost of carrying out the mid14 night basketball league program.

15 ‘‘(E) DISBURSEMENT.—Amounts provided

16 under a grant under paragraph (1)(A) shall be

17 disbursed to the eligible entity receiving the

18 grant over the 5-year period beginning on the

19 date that the entity is selected to receive the

20 grant, as follows:

21 ‘‘(i) In each of the first 2 years of

22 such 5-year period, 23 percent of the total

23 grant amount shall be disbursed to the en24 tity.
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1 ‘‘(ii) In each of the last 3 years of

2 such 5-year period, 18 percent of the total

3 grant amount shall be disbursed to the en4 tity.

5 ‘‘(6) APPLICATIONS.—To be eligible to receive a

6 grant under paragraph (1)(A), an eligible entity

7 shall submit to the Secretary an application in the

8 form and manner required by the Secretary (after

9 consultation with the Advisory Committee), which

10 shall include—

11 ‘‘(A) a description of the midnight basket12 ball league program to be carried out by the en13 tity, including a description of the employment

14 counseling, job training, and other educational

15 services to be provided;

16 ‘‘(B) letters of agreement from service pro17 viders to provide training and counseling serv18 ices required under paragraph (4) and a de19 scription of such service providers;

20 ‘‘(C) letters of agreement providing for fa21 cilities for basketball games and counseling,

22 training, and educational services required

23 under paragraph (4) and a description of the

24 facilities;
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1 ‘‘(D) a list of persons and businesses from

2 the community served by the program who have

3 expressed interest in sponsoring, or have made

4 commitments to sponsor, a team in the mid5 night basketball league; and

6 ‘‘(E) evidence that the neighborhood or

7 community served by the program meets the re8 quirements of paragraph (4)(C).

9 ‘‘(7) SELECTION.—The Secretary, in consulta10 tion with the Advisory Committee, shall select eligi11 ble entities that have submitted applications under

12 paragraph (6) to receive grants under paragraph

13 (1)(A). The Secretary, in consultation with the Advi14 sory Committee, shall establish criteria for selection

15 of applicants to receive such grants. The criteria

16 shall include a preference for selection of eligible en17 tities carrying out midnight basketball league pro18 grams in suburban and rural areas.

19 ‘‘(8) TECHNICAL ASSISTANCE GRANTS.—Tech20 nical assistance grants under paragraph (1)(B) shall

21 be made as follows:

22 ‘‘(A) ELIGIBLE ADVISORY ENTITIES.—

23 Technical assistance grants may be made only

24 to entities that—
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1 ‘‘(i) are experienced and have exper2 tise in establishing, operating, or admin3 istering successful and effective programs

4 for midnight basketball and employment,

5 job training, and educational services simi6 lar to the programs under paragraph (4);

7 and

8 ‘‘(ii) have provided technical assist9 ance to other entities regarding establish10 ment and operation of such programs.

11 ‘‘(B) USE.—Amounts received under tech12 nical assistance grants shall be used to establish

13 centers for providing technical assistance to en14 tities receiving grants under paragraph (1)(A)

15 of this subsection and subsection (a) regarding

16 establishment, operation, and administration of

17 effective and successful midnight basketball

18 league programs under this subsection and sub19 section (c)(3).

20 ‘‘(C) NUMBER AND AMOUNT.—To the ex21 tent that amounts are provided in appropria22 tions Acts under paragraph (13)(B) in each fis23 cal year, the Secretary shall make technical as24 sistance grants under paragraph (1)(B). In

25 each fiscal year that such amounts are available
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1 the Secretary shall make 4 such grants, as fol2 lows:

3 ‘‘(i) 2 grants shall be made to eligible

4 advisory entities for development of mid5 night basketball league programs in public

6 housing projects.

7 ‘‘(ii) 2 grants shall be made to eligible

8 advisory entities for development of mid9 night basketball league programs in subur10 ban or rural areas.

11 Each grant shall be in an amount not exceeding

12 $25,000.

13 ‘‘(9) ADVISORY COMMITTEE.—The Secretary of

14 Housing and Urban Development shall appoint an

15 Advisory Committee to assist the Secretary in pro16 viding grants under this subsection. The Advisory

17 Committee shall be composed of not more than 7

18 members, as follows:

19 ‘‘(A) Not less than 2 individuals who are

20 involved in managing or administering midnight

21 basketball programs that the Secretary deter22 mines have been successful and effective. Such

23 individuals may not be involved in a program

24 assisted under this subsection or a member or

25 employee of an eligible advisory entity that re-
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1 ceives a technical assistance grant under para2 graph (1)(B).

3 ‘‘(B) A representative of the Center for

4 Substance Abuse Prevention of the Public

5 Health Service, Department of Health and

6 Human Services, who is involved in administer7 ing the grant program for prevention, treat8 ment, and rehabilitation model projects for high

9 risk youth under section 509A of the Public

10 Health Service Act (42 U.S.C. 290aa–8), who

11 shall be selected by the Secretary of Health and

12 Human Services.

13 ‘‘(C) A representative of the Department

14 of Education, who shall be selected by the Sec15 retary of Education.

16 ‘‘(D) A representative of the Department

17 of Health and Human Services, who shall be se18 lected by the Secretary of Health and Human

19 Services from among officers and employees of

20 the Department involved in issues relating to

21 high-risk youth.

22 ‘‘(10) REPORTS.—The Secretary shall require

23 each eligible entity receiving a grant under para24 graph (1)(A) and each eligible advisory entity receiv25 ing a grant under paragraph (1)(B) to submit to the
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1 Secretary, for each year in which grant amounts are

2 received by the entity, a report describing the activi3 ties carried out with such amounts.

4 ‘‘(11) STUDY.—To the extent amounts are pro5 vided under appropriation Acts pursuant to para6 graph (13)(C), the Secretary shall make a grant to

7 one entity qualified to carry out a study under this

8 paragraph. The entity shall use such grant amounts

9 to carry out a scientific study of the effectiveness of

10 midnight basketball league programs under para11 graph (4) of eligible entities receiving grants under

12 paragraph (1)(A). The Secretary shall require such

13 entity to submit a report describing the study and

14 any conclusions and recommendations resulting from

15 the study to the Congress and the Secretary not

16 later than the expiration of the 2-year period begin17 ning on the date that the grant under this para18 graph is made.

19 ‘‘(12) DEFINITIONS.—For purposes of this sub20 section:

21 ‘‘(A) The term ‘Advisory Committee’

22 means the Advisory Committee established

23 under paragraph (9).
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1 ‘‘(B) The term ‘eligible advisory entity’

2 means an entity meeting the requirements

3 under paragraph (8)(A).

4 ‘‘(C) The term ‘eligible entity’ means an

5 entity described under paragraph (2)(A).

6 ‘‘(D) The term ‘federally assisted low-in7 come housing’ has the meaning given the term

8 in section 5126 of the Public and Assisted

9 Housing Drug Elimination Act of 1990.

10 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated—

12 ‘‘(A) for grants under paragraph (1)(A),

13 $2,650,000 in each of fiscal years 1994 and

14 1995;

15 ‘‘(B) for technical assistance grants under

16 paragraph (1)(B), $100,000 in each of fiscal

17 years 1994 and 1995; and

18 ‘‘(C) for a study grant under paragraph

19 (11), $250,000 in fiscal year 1994.’’.

20 SEC. 3. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE

21 PROGRAMS.

22 Section 520(c) of the Cranston-Gonzalez National Af23 fordable Housing Act (42 U.S.C 11903a(c)) is amended

24 by adding at the end the following new paragraph:
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1 ‘‘(3) MIDNIGHT BASKETBALL LEAGUE PRO2 GRAMS.—Notwithstanding any other provision of

3 this subsection and subsection (d), a grant under

4 this section may be used to carry out any youth

5 sports program that meets the requirements of a

6 midnight basketball league program under sub7 section (l)(4) (not including subparagraph (B) of

8 such subsection) if the program serves primarily

9 youths and young adults from the public housing

10 project in which the program assisted by the grant

11 is operated.’’.

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