I

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Youth Development Block Grant Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 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.
2

•HR 4086 IH

1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) In an increasingly complex and competitive

4 world economy, the human capital of the United

5 States is its most important resource. Too many

6 young people in the United States are reaching

7 adulthood unprepared to be productive workers, ef8 fective parents, or responsible citizens. The United

9 States cannot remain strong unless the Nation ends

10 this tragic waste of human potential.

11 (2) Over the past decade, public concern related

12 to young people has focused primarily on improving

13 academic performance and combating youth prob14 lems such as substance abuse and juvenile delin15 quency. The Federal Government has established

16 ambitious National Education Goals and declared a

17 ‘‘War on Drugs’’, and Federal Government invest18 ment related to both initiatives has increased dra19 matically.

20 (3) It is becoming increasingly clear, however,

21 that the United States will neither achieve the edu22 cation goals of the Nation nor make significant

23 progress on problems such as substance abuse and

24 juvenile delinquency unless the Nation addresses the

25 broader developmental needs of youth. Young people

26 who lack self-confidence, self-discipline, respect for
3

•HR 4086 IH

1 others, and a sense of connection to their families

2 and communities, are unlikely to be successful in

3 school, and far more likely to engage in high-risk

4 behaviors.

5 (4) Parents have primary responsibility for the

6 social, moral, emotional, physical, and cognitive de7 velopment of their children. However, tremendous

8 social and demographic changes during the last 30

9 years have had a significant effect on family life and

10 youth development, creating the need for programs

11 to strengthen families and help parents meet the so12 cial, moral, emotional, physical, and cognitive needs

13 of their children.

14 (5) The lack of supervision of youth by parents

15 and the lack of meaningful activity after school for

16 youth contributes to the spread of violent juvenile

17 delinquency in the form of youth and gang violence,

18 drug trafficking, dangerous and self-destructive be19 havior, and lack of hope among youth in our Nation.

20 (6) The United States expects too much of its

21 schools if the Nation asks the schools to meet single22 handedly the needs described in paragraph (5) in ad23 dition to accomplishing their basic educational mis24 sion. Only a strong partnership among families,

25 schools, local government, religious organizations,
4

•HR 4086 IH

1 community-based youth-serving organizations, com2 munity-based family-serving organizations, business,

3 and labor can create a community environment that

4 truly supports the youth of the Nation in reaching

5 their highest potential.

6 (7) Nonschool-based youth development pro7 grams, including youth clubs, sports and recreation

8 programs, mentoring programs, and leadership de9 velopment and community service programs, make a

10 major contribution to helping youth develop the life

11 skills and moral values that will prepare the youth

12 for the challenges of adolescence and the independ13 ence and responsibilities of adulthood.

14 (8) Participation in positive youth development

15 programs can lead to a reduction in high-risk behav16 iors, including school failure, teenage pregnancy, use

17 of alcohol and drugs, and juvenile delinquency.

18 Youth from low-income, at-risk communities, who

19 would greatly benefit from such programs, however,

20 are least likely to have access to such programs.

21 (9) Community-based youth-serving

22 organizations are an effective resource in developing

23 and implementing community youth development

24 plans, both because of the responsiveness of the or25 ganizations to local community values and concerns,
5

•HR 4086 IH

1 and the ability of the organizations to mobilize com2 munity resources. For example, the 15 member or3 ganizations of the National Collaboration for Youth

4 collectively serve over 25,000,000 youth, and mobi5 lize over 4,000,000 volunteers to carry out commu6 nity-based youth development services.

7 (10) Notwithstanding the efforts of community8 based youth-serving organizations, in most local

9 communities youth development efforts are so frag10 mented and underfunded that millions of youth na11 tionwide go unserved, and no process exists through

12 which key groups regularly come together to develop

13 a comprehensive youth development plan. Without a

14 mechanism for coordination, narrowly focused Fed15 eral programs are unable to meet the comprehensive

16 needs of the youth of the Nation.

17 (11) Increased Federal investment in programs

18 under the Head Start Act and other early childhood

19 development programs signals an encouraging shift

20 toward a comprehensive long-term, holistic, invest21 ment-oriented strategy in promoting the healthy de22 velopment of children in the United States.

23 (12) It is critical that the Federal Government

24 adopt the same type of comprehensive strategy in

25 promoting the positive development of youth, and
6

•HR 4086 IH

1 encourage and empower communities to develop and

2 implement comprehensive youth development plans.

3 SEC. 3. PURPOSES.

4 It is the purpose of this Act to expand community5 based youth development services, and to support commu6 nities in designing strategic plans for youth development

7 that—

8 (1) give priority to prevention of youth prob9 lems through youth development;

10 (2) support the primary role of the family in

11 positive youth development;

12 (3) support community-based youth develop13 ment organizations in expanding youth development

14 opportunities; and

15 (4) promote increased community coordination

16 and collaboration in meeting the developmental

17 needs of youth.

18 SEC. 4. DEFINITIONS.

19 As used in this Act:

20 (1) ASSISTANT SECRETARY.—The term ‘‘Assist21 ant Secretary’’ means the Assistant Secretary for

22 Children and Families of the Department of Health

23 and Human Services.

24 (2) COMMUNITY-BASED.—The term ‘‘commu25 nity-based’’, used with respect to a youth develop-
7

•HR 4086 IH

1 ment organization or a youth-serving organization,

2 means such an organization that—

3 (A) is exempt from taxation under section

4 501(c)(3) of the Internal Revenue Code of

5 1986;

6 (B) is not a government entity; and

7 (C) is representative of a community or a

8 significant segment of a community and is en9 gaged in providing services to the community.

10 (3) COUNTY.—The term ‘‘county’’ includes a

11 political subdivision of a State.

12 (4) LOCAL BOARD.—The term ‘‘Local Board’’

13 means a Local Youth Development Board estab14 lished under section 6.

15 (5) LOW INCOME FAMILY.—The term ‘‘low in16 come family’’ means a family with an income below

17 the poverty line.

18 (6) NATIONAL COMMISSION.—The term ‘‘Na19 tional Commission’’ means the National Youth De20 velopment Commission established under section 8.

21 (7) NATIONAL YOUTH DEVELOPMENT ORGANI22 ZATION.—The term ‘‘national youth development or23 ganization’’ means an organization whose purpose

24 and activities are national in scope, and that, either
8

•HR 4086 IH

1 directly or through its local affiliates, provides youth

2 development programs in at least 7 States.

3 (8) OUTCOME OBJECTIVE.—The term ‘‘outcome

4 objective’’ means an objective that relates to the im5 pact of a program or initiative, with respect to the

6 participants in the program or initiative or the com7 munity that the program or initiative serves, such as

8 an objective relating to changes—

9 (A) in the competencies described in para10 graph (15)(A) of individual participants in the

11 program or initiative;

12 (B) in the incidence of positive or negative

13 behaviors among such participants; or

14 (C) in the incidence of such behaviors

15 among youth in such community.

16 (9) POVERTY LINE.—The term ‘‘poverty line’’

17 means the income official poverty line (as defined by

18 the Office of Management and Budget, and revised

19 annually in accordance with section 673(2) of the

20 Community Services Block Grant Act (42 U.S.C.

21 9902(2)) applicable to a family of the size involved.

22 (10) PROCESS OBJECTIVE.—The term ‘‘process

23 objective’’ means an objective that relates to the

24 manner in which a program or initiative is carried

25 out, such as an objective relating to—
9

•HR 4086 IH

1 (A) the degree to which the program or

2 initiative is reaching its intended target popu3 lation;

4 (B) the number, age, gender, and ethnicity

5 of the youth involved in the program or initia6 tive;

7 (C) the degree to which the services deliv8 ered are consistent with the intended program

9 model; and

10 (D) the cost of delivering services under

11 the program or initiative.

12 (11) STATE.—The term ‘‘State’’ means each of

13 the several States of the United States, the District

14 of Columbia, the Commonwealth of Puerto Rico, the

15 Commonwealth of the Northern Mariana Islands,

16 American Samoa, Guam, and the United States

17 Virgin Islands.

18 (12) STATE COMMISSION.—The term ‘‘State

19 Commission’’ means a State Youth Development

20 Commission established under section 7.

21 (13) YOUTH.—The term ‘‘youth’’ means an in22 dividual who is not younger than 6 and not older

23 than 19.

24 (14) YOUTH DEVELOPMENT ORGANIZATION.—

25 The term ‘‘youth development organization’’ means
10

•HR 4086 IH

1 a youth-serving organization with a major emphasis

2 on providing youth development programs.

3 (15) YOUTH DEVELOPMENT PROGRAM.—The

4 term ‘‘youth development program’’ means a pro5 gram that—

6 (A) in order to enable youth to deal suc7 cessfully with the challenges of adolescence and

8 prepare the youth for the independence and re9 sponsibilities of being parents, workers, and

10 citizens, helps the youth to develop—

11 (i) social competencies, such as work

12 and family life skills, problem-solving

13 skills, and communication skills;

14 (ii) moral competencies, such as per15 sonal values and ethics, a sense of respon16 sibility and citizenship (including participa17 tion in civic life and community service),

18 and respect for diversity;

19 (iii) emotional competencies, such as a

20 sense of personal identity, self-confidence,

21 autonomy, and the ability to resist negative

22 peer pressure;

23 (iv) physical competencies, such as

24 physical conditioning and endurance, and

25 an appreciation for and strategies to
11

•HR 4086 IH

1 achieve lifelong physical health and fitness;

2 and

3 (v) cognitive competencies, such as

4 knowledge, reasoning ability, creativity,

5 and a lifelong commitment to learning and

6 achievement;

7 (B) conducts activities with a primarily

8 nonacademic focus;

9 (C) employs primarily active and experien10 tial learning methods; and

11 (D) promotes the competencies described

12 in subparagraph (A) through group and one-to13 one activities, which may include activities in

14 youth clubs, sports and recreation, mentoring,

15 arts, values education, leadership development,

16 crime and delinquency prevention, community

17 service or volunteerism, child care, career coun18 seling, job skills training, life skills training,

19 health education including drug and alcohol

20 prevention, parenting skills activities, camping,

21 environmental education, ethnic or cultural en22 richment, tutoring, and academic enrichment.

23 (16) YOUTH-SERVING ORGANIZATION.—The

24 term ‘‘youth-serving organization’’ means an organi25 zation with a primary focus on providing youth de-
12

•HR 4086 IH

1 velopment, medical, educational, special education,

2 psychological, vocational and training, rehabilitative,

3 or housing services to youth.

4 SEC. 5. ALLOCATION AND DISTRIBUTION OF FUNDS.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this Act,

7 $400,000,000 for fiscal year 1995, and such sums as may

8 be necessary for each of the fiscal years 1996, 1997, and

9 1998.

10 (b) ALLOCATION AND DISTRIBUTION OF LOCAL AL11 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA12 TIONS EQUAL OR EXCEED $100,000,000.—

13 (1) TOTAL LOCAL ALLOCATION.—For any fiscal

14 year for which the total sums appropriated under

15 subsection (a) are not less than $100,000,000, the

16 Assistant Secretary shall reserve 93.5 percent of

17 such sums (referred to in this subsection as the

18 ‘‘total local allocation’’) to make allocations under

19 this subsection to States to assist Local Boards in

20 carrying out the activities described in section 6.

21 (2) ALLOCATION OF FUNDS TO STATES.—

22 (A) IN GENERAL.—For each such fiscal

23 year, the Assistant Secretary shall allocate to

24 each State Commission the sum (referred to in
13

•HR 4086 IH

1 this subsection as the ‘‘State portion of the

2 total local allocation’’) of—

3 (i) an amount that bears the same relation to 1 4 ⁄3 of the total local allocation as

5 the number of youth in the State bears to

6 the number of youth in all States;

7 (ii) an amount that bears the same relation to 1 8 ⁄3 of such allocation as the num9 ber of youth from low income families in

10 the State bears to the number of such

11 youth in all States; and

(iii) an amount from the remaining 1 12 ⁄3

13 of such allocation, calculated in accordance

14 with a formula prescribed by the Secretary

15 that takes into account the extent to which

16 violent juvenile crime has increased in the

17 State since 1990, relative to the extent to

18 which violent juvenile crime has increased

19 in all States since 1990.

20 (B) REGULATION.—The Secretary shall

21 prescribe the formula described in subpara22 graph (A)(iii) by regulation issued after con23 sultation with the Attorney General.

24 (3) DISTRIBUTION OF FUNDS TO STATES.—To

25 be eligible to receive such State portion of the total
14

•HR 4086 IH

1 local allocation, the State Commission shall prepare,

2 and submit to the Assistant Secretary, an applica3 tion at such time, in such manner, and containing

4 such information, as the Assistant Secretary may

5 reasonably require. Such application shall include, at

6 a minimum, an assurance that the State Commis7 sion is prepared to administer such amount in com8 pliance with all the requirements of this Act, and, in

9 the case of any application submitted after the first

10 year in which the State Commission receives funds

11 under this Act, the State strategic plan described in

12 section 7(c)(4).

13 (4) ALLOCATION OF FUNDS TO LOCAL

14 BOARDS.—

15 (A) IN GENERAL.—For each fiscal year for

16 which a State receives such State portion of the

17 total local allocation, the State Commission

18 shall allocate to each Local Board in the State

19 the sum (referred to in this subsection as the

20 ‘‘local allocation’’) of—

21 (i) an amount that bears the same relation to 1 22 ⁄3 of the State portion of the

23 total local allocation as the number of

24 youth in the county served by the Local
15

•HR 4086 IH

1 Board bears to the number of youth in the

2 State;

3 (ii) an amount that bears the same relation to 1 4 ⁄3 of such State portion as the

5 number of youth from low income families

6 in the county bears to the number of such

7 youth in the State; and

(iii) an amount from the remaining 1 8 ⁄3

9 of such State portion, calculated in accord10 ance with a formula prescribed by the Sec11 retary that takes into account the extent to

12 which violent juvenile crime has increased

13 in the county since 1990, relative to the

14 extent to which violent juvenile crime has

15 increased in the State since 1990.

16 (B) REGULATION.—The Secretary shall

17 prescribe the formula described in subpara18 graph (A)(iii) by regulation issued after con19 sultation with the Attorney General.

20 (5) DISTRIBUTION OF FUNDS TO LOCAL

21 BOARDS.—

22 (A) INITIAL PLANNING FUNDS.—For the

23 first fiscal year for which Local Boards in a

24 State are eligible to receive funds under this

25 subsection, the State Commission shall make
16

•HR 4086 IH

1 available to each eligible Local Board in the

2 State, 5 percent of the local allocation of such

3 Board, to be used for initial planning purposes.

4 To be eligible to receive such amount, the Local

5 Board shall submit to the State Commission a

6 letter of intent to apply for funds under this

7 subsection. Such letter of intent shall include a

8 list of the members of the Local Board, includ9 ing sufficient information about their organiza10 tional affiliations to demonstrate compliance

11 with the requirements of subsections (c) and (d)

12 of section 6.

13 (B) DISTRIBUTION OF PROGRAM FUNDS.—

14 (i) IN GENERAL.—For each fiscal year

15 for which a State receives a State portion

16 of the total local allocation, the State Com17 mission shall distribute to each eligible

18 Local Board in the State an amount equal

19 to the remainder of the local allocation of

20 such Board.

21 (ii) APPLICATION.—To be eligible to

22 receive such amount, the Local Board shall

23 prepare, and submit to the State Commis24 sion, an application, at such time, in such

25 manner, and containing such information
17

•HR 4086 IH

1 as the State Commission may reasonably

2 require to assure compliance with this Act.

3 Such application shall include, at a mini4 mum, a local strategic plan described in

5 section 6(f), a description of the programs

6 for which funding will be provided, and in7 formation indicating the extent to which

8 the programs meet the effective practice

9 standards described in section 8(c)(3)(C).

10 (c) ALLOCATION AND DISTRIBUTION OF STATE AL11 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA12 TIONS EQUAL OR EXCEED $100,000,000.—

13 (1) TOTAL STATE ALLOCATION.—For any fiscal

14 year for which the total sums appropriated under

15 subsection (a) are not less than $100,000,000, the

16 Assistant Secretary shall reserve 4 percent of such

17 sums (referred to in this section as the ‘‘total State

18 allocation’’) to make allocations to State Commis19 sions to carry out the activities described in section

20 7.

21 (2) GENERAL ALLOCATION.—Except as pro22 vided in paragraph (3), for each such year, the As23 sistant Secretary shall make such allocations in ac24 cordance with the requirements of subsection (b)(2).

25 For the purposes of the application of such require-
18

•HR 4086 IH

1 ments to allocations under this subsection, ref2 erences in subsection (b)(2) to the total local alloca3 tion shall be deemed to be references to the total

4 State allocation.

5 (3) MINIMUM STATE ALLOCATION.—For each

6 such year, the Assistant Secretary shall allocate to

7 each State Commission under this subsection an

amount that is not less than 1 8 ⁄2 of 1 percent of the

9 total State allocation.

10 (d) ALLOCATION AND DISTRIBUTION OF LOCAL AL11 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA12 TIONS ARE LESS THAN $100,000,000.—

13 (1) GRANTS.—For any fiscal year for which the

14 total sums appropriated under subsection (a) are

15 less than $100,000,000, the Assistant Secretary

16 shall reserve 97.5 percent of such sums and shall

17 make grants from such reserved sums, on a competi18 tive basis, to eligible Local Boards to carry out the

19 activities described in section 6.

20 (2) CONSIDERATIONS.—In making such grants,

21 the Assistant Secretary shall consider the criteria

22 described in the formula provided in subsection

23 (b)(2). The Assistant Secretary shall ensure an equi24 table geographic distribution of such grants, and
19

•HR 4086 IH

1 shall ensure that a variety of program models receive

2 funding under this subsection.

3 (3) APPLICATION.—To be eligible to receive a

4 grant under this section, a Local Board shall submit

5 to the Assistant Secretary an application at such

6 time, in such manner, and containing such informa7 tion as the Assistant Secretary may require, includ8 ing an assurance that the Local Board will comply

9 with such evaluation process as the Assistant Sec10 retary may reasonably require to assure compliance

11 with this Act, and including any information that a

12 Local Board is required to submit in an application

13 described in subsection (b)(5)(B).

14 (4) ELIGIBILITY.—To be eligible to receive a

15 grant under this subsection, a Local Board shall

16 meet such requirements as the Assistant Secretary

17 may by regulation require.

18 (5) INITIAL DISTRIBUTION.—The Assistant

19 Secretary may award an initial grant to a Local

20 Board under this subsection for a period of up to 3

21 years. The Assistant Secretary may terminate the

22 funding made available through such grant during

23 such period if the Local Board fails to comply with

24 the provisions of this Act.
20

•HR 4086 IH

1 (6) RENEWAL OF GRANTS.—After the initial

2 grant period, in determining whether to renew or

3 continue a grant to a Local Board to carry out ac4 tivities, the Assistant Secretary shall give substantial

5 weight to the effectiveness of the activities in achiev6 ing the process and outcome objectives specified in

7 the local strategic plan described in section 6(f)(1).

8 If the total sums appropriated under subsection (a)

9 are greater than $100,000,000 for the fiscal year for

10 which the Local Board seeks a renewal or continu11 ation, the Local Board shall apply to the State Com12 mission for funding under subsection (b).

13 (7) TREATMENT OF GRANTS.—For purposes of

14 this Act, a grant awarded to a Local Board under

15 this section shall be considered to be a local alloca16 tion.

17 (8) APPLICATION OF PROVISIONS.—The provi18 sions of section 6 shall apply to Local Boards receiv19 ing funds under this subsection. For purposes of the

20 application of such provisions, references to the

21 State Commission shall be deemed to be references

22 to the Assistant Secretary.

23 (e) NATIVE AMERICAN ORGANIZATIONS.—

24 (1) IN GENERAL.—From the sums appropriated

25 under subsection (a) for any fiscal year, the Assist-
21

•HR 4086 IH

1 ant Secretary shall reserve 1.5 percent of such sums

2 to make grants to eligible Native American organiza3 tions to assist the organizations in carrying out the

4 activities described in section 6.

5 (2) APPLICATION.—To be eligible to receive a

6 grant under paragraph (1), a Native American orga7 nization shall submit an application to the Assistant

8 Secretary at such time, in such manner, and con9 taining such information as the Assistant Secretary

10 may reasonably require to assure compliance with

11 this Act, including any information that a Local

12 Board is required to submit in an application de13 scribed in subsection (b)(5)(B).

14 (3) APPLICATION OF PROVISIONS.—The provi15 sions of section 6 shall apply to Native American or16 ganizations receiving funds through grants made

17 under this subsection. For purposes of the applica18 tion of such provisions, references to a county shall

19 be deemed to be references to the area served by the

20 organization, and references to the State Commis21 sion shall be deemed to be references to the Assist22 ant Secretary.

23 (4) DEFINITION.—As used in this subsection:

24 (A) INDIAN TRIBE.—The term ‘‘Indian

25 tribe’’ has the meaning given the term in sec-
22

•HR 4086 IH

1 tion 4(e) of the Indian Self-Determination and

2 Education Assistance Act (25 U.S.C. 250b(e)).

3 (B) NATIVE AMERICAN ORGANIZATION.—

4 The term ‘‘Native American organization’’

5 means an Indian tribe or Native Hawaiian

6 Organization.

7 (C) NATIVE HAWAIIAN ORGANIZATION.—

8 The term ‘‘Native Hawaiian Organization’’ has

9 the meaning given the term in section 4009(4)

10 of the Augustus F. Hawkins-Robert T. Stafford

11 Elementary and Secondary School Improvement

12 Amendments of 1988 (20 U.S.C. 4909(4)).

13 (f) RESERVATION OF FUNDS FOR ADMINISTRATION

14 FOR CHILDREN AND FAMILIES.—From the sums appro15 priated under subsection (a) for each fiscal year, the As16 sistant Secretary shall reserve 1 percent of such sums for

17 the National Commission and the Administration for Chil18 dren and Families to carry out the activities required by

19 this Act.

20 (g) AUTHORITY TO ASSIST LOCAL BOARDS IN

21 NONPARTICIPATING STATES/REALLOCATION OF STATE

22 FUNDS.—

23 (1) IN GENERAL.—For any fiscal year for

24 which a State Commission does not submit an appli25 cation for an allocation under subsection (b), the As-
23

•HR 4086 IH

1 sistant Secretary may use the allocation of such

2 State to make direct grants to eligible Local Boards

3 in the nonparticipating State.

4 (2) APPLICATION.—To be eligible to receive a

5 direct grant under paragraph (1), a Local Board

6 shall submit an application to the Assistant Sec7 retary at such time, in such manner, and containing

8 such information as the Assistant Secretary may

9 reasonably require to assure compliance with this

10 Act, including any information that a Local Board

11 is required to submit in an application described in

12 subsection (b)(5)(B).

13 (3) APPLICATION OF PROVISIONS.—The provi14 sions of section 6 shall apply to Local Boards receiv15 ing funds through grants made under this sub16 section. For purposes of the application of such pro17 visions, references to the State Commission shall be

18 deemed to be references to the Assistant Secretary.

19 (h) STATE REALLOCATION.—For any fiscal year for

20 which a State Commission does not submit an application

21 for an allocation under subsection (b), and the Assistant

22 Secretary does not use the allocation as described in sub23 section (g), the Assistant Secretary shall make available

24 the allocation of such State to such other States as the

25 Assistant Secretary may determine to be appropriate.
24

•HR 4086 IH

1 (i) COUNTY REALLOCATION.—For any fiscal year for

2 which a Local Board in a State does not submit an appli3 cation for an allocation under subsection (b), the State

4 Commission shall make available the allocation of such

5 county to such other counties in the State as the State

6 Commission may determine to be appropriate.

7 (j) OBLIGATION AND EXPENDITURE OF FUNDS.—

8 (1) STATE OBLIGATION OF FUNDS.—Any State

9 Commission that receives an allocation from the As10 sistant Secretary under subsection (b) or (c) shall

11 obligate the allocation not later than 1 year after the

12 date of such receipt or return the allocation to the

13 Assistant Secretary for reallocation in accordance

14 with subsection (h).

15 (2) LOCAL BOARD EXPENDITURE OF FUNDS.—

16 Any Local Board that receives an allocation from a

17 State Commission under subsection (b) or (d) shall

18 expend the allocation not later than 3 years after the

19 date of such receipt or return the allocation to the

20 State Commission for reallocation in accordance

21 with subsection (i).

22 SEC. 6. LOCAL YOUTH DEVELOPMENT BOARD.

23 (a) ESTABLISHMENT OF LOCAL BOARD.—

24 (1) IN GENERAL.—In order for entities within

25 a county to be eligible to receive assistance under
25

•HR 4086 IH

1 this Act, the Chief Elected Officer of a county shall

2 facilitate the establishment of a local entity, or des3 ignate an existing local entity, that meets the re4 quirements of this section, to serve as a Local Youth

5 Development Board.

6 (2) ESTABLISHMENT OF MULTICOUNTY LOCAL

7 BOARD.—The Chief Executive Officers of 2 or more

8 counties may agree to facilitate the establishment of

9 a local entity, or designate an existing entity, that

10 meets the requirements of this section, to serve as

11 a multicounty Local Board. Such a multicounty

12 Local Board shall carry out the duties described in

13 subsections (f), (g), (i), and (j) with respect to the

14 counties involved. If such a multicounty Local Board

15 is established, all duties required by this section to

16 be carried out by the Chief Executive Officer of a

17 county shall be carried out jointly by the Chief

18 Executive Officers of each participating county.

19 (b) NUMBER OF MEMBERS ON THE LOCAL BOARD.—

20 The Chief Executive Officer of the county shall determine

21 the total number of members on the Local Board.

22 (c) COMPOSITION OF LOCAL BOARD.—

23 (1) REPRESENTATIVES OF YOUTH DEVELOP24 MENT ORGANIZATIONS.—
26

•HR 4086 IH

1 (A) REPRESENTATIVES OF NATIONALLY

2 AFFILIATED YOUTH DEVELOPMENT ORGANIZA3 TIONS.—One-third of the members of the Local

4 Board shall be representatives of community5 based youth development organizations that are

6 affiliated with national youth development orga7 nizations.

8 (B) REPRESENTATIVES OF

9 NONAFFILIATED YOUTH DEVELOPMENT ORGA10 NIZATIONS.—One-third of the members of the

11 Local Board shall be representatives of commu12 nity-based youth development organizations

13 that are not affiliated with national youth devel14 opment organizations.

15 (C) SPECIAL RULE FOR LESS POPULATED

16 COUNTIES.—In the case of a county with a pop17 ulation of 100,000 or less, if the Chief Execu18 tive Officer of the county determines that, be19 cause of the absence of community-based youth

20 development organizations, the county cannot

21 establish a Local Board meeting the require22 ments of subparagraph (A) or (B), representa23 tives of community-based youth-serving organi24 zations may be selected to serve on the Local

25 Board, and may participate on the Local
27

•HR 4086 IH

1 Board, on the same basis as representatives of

2 community-based youth development organiza3 tions.

4 (2) OTHER COMMUNITY REPRESENTATIVES.—

5 One-third of the members of the Local Board shall

6 be representatives of the community, such as rep7 resentatives of youth-serving organizations, local

8 government, religious organizations, educational in9 stitutions, business, labor, private funding organiza10 tions, parents, or youth.

11 (d) SELECTION OF LOCAL BOARD MEMBERS.—

12 (1) REPRESENTATIVES OF YOUTH DEVELOP13 MENT ORGANIZATIONS.—Organizations described in

14 subsection (c)(1)(A) that provide services within the

15 county shall select the members described in such

16 subsection. Organizations described in subsection

17 (c)(1)(B) that provide services within the county

18 shall select the members described in such sub19 section. The Local Board shall include, in the appli20 cation described in section 5(b)(5), a description of

21 the processes used by both such types of organiza22 tions to select members of the Local Board.

23 (2) OTHER COMMUNITY REPRESENTATIVES.—

24 Members described in subsection (c)(2) shall be ap25 pointed by the Chief Executive Officer of the county.
28

•HR 4086 IH

1 If any political subdivision of a State is located to2 tally or partially within the county, and the popu3 lation of the subdivision is more than 40 percent of

4 the total population of the county, the Chief Execu5 tive Officer of the subdivision and the Chief Execu6 tive Officer shall jointly appoint such members.

7 (3) AGE OF MEMBERS.—At least 2 of the mem8 bers of the Local Board shall be under the age of

9 20 at the time of such appointment.

10 (4) BACKGROUND OF MEMBERS.—The member11 ship of the Board shall reflect the racial, ethnic, and

12 gender composition of the county population.

13 (5) TERMS; OFFICERS; VACANCIES.—The Local

14 Board shall adopt, and shall include in the applica15 tion described in section 5(b)(5), bylaws that include

16 provisions regarding the terms of office of members,

17 the election of officers, and the selection of members

18 to fill vacancies, of the Local Board.

19 (e) FISCAL AGENT.—

20 (1) APPOINTMENT OF FISCAL AGENT.—The

21 Local Board shall appoint a fiscal agent for the

22 Board.

23 (2) DUTIES.—The fiscal agent shall carry out

24 such duties as the Local Board may determine to be

25 appropriate.
29

•HR 4086 IH

1 (f) DUTIES OF LOCAL BOARD.—

2 (1) LOCAL STRATEGIC PLAN.—The Local

3 Board shall prepare and submit to the State Com4 mission for approval, as part of the application de5 scribed in section 5(b)(5), a local strategic plan for

6 youth development in the county involved, includ7 ing—

8 (A) the results of an assessment of local

9 needs and resources;

10 (B) specific process and outcome objectives

11 for youth development programs; and

12 (C) measures of program effectiveness that

13 shall be used to evaluate the progress of grant

14 recipients in achieving such objectives.

15 (2) MONITORING, EVALUATION, AND TECH16 NICAL ASSISTANCE.—The Local Board shall be re17 sponsible for establishing monitoring and evaluation

18 procedures, consistent with such requirements as

19 may be established by the Assistant Secretary, to as20 sess the progress of grant recipients in achieving the

21 process and outcome objectives identified in the local

22 strategic plan. Such procedures shall utilize the

23 measures of program effectiveness described in para24 graph (1)(C) and the standards for effective prac25 tices described in section 8(c)(3)(C). Local Boards
30

•HR 4086 IH

1 shall also provide technical assistance to applicants

2 and grant recipients under subsection (g).

3 (3) APPEAL.—In the event that a State Com4 mission denies approval of the strategic plan of the

5 Local Board described in paragraph (1), the Local

6 Board may, in accordance with regulations to be es7 tablished by the Assistant Secretary, appeal the

8 denial.

9 (g) GRANTS.—

10 (1) IN GENERAL.—The Local Board shall

11 award grants in accordance with this subsection

12 to—

13 (A) eligible community-based youth devel14 opment organizations; and

15 (B) eligible partnerships that—

16 (i) are comprised of youth-serving or17 ganizations and governmental entities; and

18 (ii) conduct youth development pro19 grams,

20 to pay for the Federal share of carrying out

21 youth development programs addressing one or

22 more of the process objectives, and one or more

23 of the outcome objectives, established in the

24 local strategic plan described in subsection

25 (f)(1).
31

•HR 4086 IH

1 (2) REQUEST FOR PROPOSALS.—The Local

2 Board shall issue a request for proposals, which

3 shall invite the organizations and partnerships de4 scribed in paragraph (1) to apply for a grant under

5 paragraph (1). Such request shall specify the process

6 and outcome objectives to be addressed by the Local

7 Board.

8 (3) ELIGIBLE APPLICANTS.—

9 (A) AWARD OF GRANTS.—In awarding

10 grants under paragraph (1), the Local Board

11 shall—

12 (i) award at least 85 percent of the

13 funds made available through such grants

14 to community-based youth development or15 ganizations certified under subparagraph

16 (B); and

17 (ii) take into account the extent to

18 which the program meets the effective

19 practice standards described in section

20 8(c)(3)(C).

21 (B) CERTIFICATION.—

22 (i) PROCEDURE.—The Local Board

23 shall establish a procedure, in accordance

24 with regulations to be issued by the Assist25 ant Secretary, for certifying organizations
32

•HR 4086 IH

1 as community-based youth development or2 ganizations.

3 (ii) APPEAL.—The Assistant Sec4 retary shall issue regulations that specify a

5 process by which an organization may ap6 peal a denial of such certification.

7 (4) GRANT APPLICATIONS.—To be eligible to

8 receive a grant under this subsection, an organiza9 tion or partnership described in paragraph (1) shall

10 submit an application to the Local Board at such

11 time, in such manner, and containing such informa12 tion as the Local Board reasonably may require, in13 cluding, at a minimum, the following information:

14 (A) In the case of an organization, a state15 ment regarding whether the organization is a

16 community-based youth development organiza17 tion, and, if the organization seeks certification

18 as such an organization, sufficient information

19 to substantiate the statement.

20 (B) The manner in which the program will

21 address the process and outcome objectives

22 identified in the local strategic plan described in

23 subsection (f)(1).
33

•HR 4086 IH

1 (C) The extent to which the program uti2 lizes the effective practice standards established

3 under section 8(c)(3)(C).

4 (D) A proposed budget for the program.

5 (5) FUNDING PERIOD.—The Local Board may

6 award a grant to an organization or partnership

7 under paragraph (1) for a period of up to 3 years.

8 The Local Board may terminate the funding made

9 available through such grant during such period if

10 the program fails to comply with the requirements of

11 this Act, or if insufficient Federal funds are appro12 priated under section 5(a) to permit the continu13 ation of funding for the full grant period of all such

14 grants awarded by the Local Board.

15 (6) RENEWALS OF GRANTS.—The Local Board

16 may renew grants made under paragraph (1). After

17 the initial grant period, in determining whether to

18 renew a grant to a Local Board to carry out activi19 ties, the Local Board shall give substantial weight to

20 the effectiveness of the activities in achieving process

21 and outcome objectives specified in a local strategic

22 plan described in subsection (f)(1).

23 (7) FEDERAL SHARE REQUIREMENT.—
34

•HR 4086 IH

1 (A) FEDERAL SHARE.—The Federal share

2 of the cost of carrying out a youth development

3 program described in paragraph (1) shall be—

4 (i) 80 percent for the first year for

5 which the program receives funding under

6 this subsection;

7 (ii) 65 percent for the second such

8 year;

9 (iii) 50 percent for the third such

10 year; and

11 (iv) 30 percent for the fourth such

12 year and any subsequent year.

13 (B) NON-FEDERAL SHARE.—In providing

14 for the remaining share of the cost of carrying

15 out such a program, each recipient of assistance

16 under this subsection—

17 (i) shall provide for such share

18 through private sources;

19 (ii) may provide for such share

20 through a payment in cash; and

21 (iii) may provide for not more than 25

22 percent of such share through a payment

23 in kind, fairly evaluated, including facili24 ties, equipment, or services.
35

•HR 4086 IH

1 (h) ANNUAL REPORTS TO LOCAL BOARD.—Each or2 ganization or partnership receiving a grant under sub3 section (g) to carry out a program shall, not later than

4 45 days after the end of each fiscal year of the Local

5 Board, prepare and submit to the Local Board an annual

6 report on the program during the fiscal year, in such man7 ner and containing such information as the Assistant Sec8 retary may reasonably require to determine compliance

9 with this Act.

10 (i) ANNUAL REPORT TO STATE COMMISSION.—Each

11 Local Board shall, not later than 75 days after the end

12 of each fiscal year of the Local Board, prepare and submit

13 to the State Commission an annual report in such manner

14 and containing such information as the Assistant Sec15 retary may reasonably require to determine compliance

16 with this Act. Such report shall contain, at a minimum,

17 information on the programs and activities funded by the

18 Local Board during the fiscal year under this section and

19 the extent to which the programs achieved the process and

20 outcome objectives specified in the local strategic plan

21 under subsection (f).

22 (j) PLANNING, ADMINISTRATION, COORDINATION,

23 EVALUATION, AND FISCAL AGENT EXPENSES.—In addi24 tion to any initial planning funds provided under section

25 5(b)(5)(A), the Local Board may use up to 5 percent of
36

•HR 4086 IH

1 the funds received under section 5(b)(5)(B) for planning,

2 administration, coordination, and evaluation expenses, and

3 expenses of the fiscal agent of the Local Board. Each or4 ganization or partnership that receives a grant under sub5 section (g) may use up to 10 percent of the funds received

6 under the grant for planning, administration, and coordi7 nation, and may use up to an additional 5 percent of such

8 funds for evaluation expenses.

9 SEC. 7. STATE YOUTH DEVELOPMENT COMMISSION.

10 (a) ESTABLISHMENT OF COMMISSION.—In order for

11 entities within a State to be eligible to receive assistance

12 under this Act, the Governor of the State shall establish

13 an entity, or designate an existing entity, that meets the

14 requirements of this section, to serve as a State Youth

15 Development Commission.

16 (b) SIZE, COMPOSITION, AND APPOINTMENT OF

17 COMMISSION.—

18 (1) NUMBER OF MEMBERS.—The Governor of

19 the State shall determine the total number of mem20 bers on the Commission.

21 (2) APPOINTMENT BY THE GOVERNOR.—The

22 members of the Commission shall be appointed by

23 the Governor.

24 (3) COMPOSITION OF COMMISSION.—
37

•HR 4086 IH

1 (A) REPRESENTATIVES OF NATIONALLY

2 AFFILIATED YOUTH DEVELOPMENT ORGANIZA3 TIONS.—One-third of the members of the State

4 Commission shall be representatives described

5 in section 6(c)(1)(A).

6 (B) REPRESENTATIVES OF

7 NONAFFILIATED YOUTH DEVELOPMENT ORGA8 NIZATIONS.—One-third of the members of the

9 State Commission shall be representatives de10 scribed in section 6(c)(1)(B).

11 (C) OTHER MEMBERS.—One-third of the

12 members of the State Commission shall be rep13 resentatives of State governments or represent14 atives described in section 6(c)(2).

15 (D) AGE OF MEMBERS.—At least 2 of the

16 members appointed to the Commission shall be

17 under the age of 20 at the time of such ap18 pointment.

19 (E) BACKGROUND OF MEMBERS.—The

20 Governor shall ensure that the membership of

21 the State Commission fairly represents urban

22 and rural populations and reflects the racial,

23 ethnic, and gender composition of the State

24 population.
38

•HR 4086 IH

1 (F) LOCAL BOARD REPRESENTATION.—At

2 least 2 of the members appointed to the Com3 mission shall be members of different Local

4 Boards in the State at the time of their ap5 pointment.

6 (4) TERMS; OFFICERS; VACANCIES.—The State

7 Commission shall adopt, and shall include in the ap8 plication described in section 5(b)(3), bylaws that in9 clude provisions regarding the terms of office of

10 members, the election of officers, and the selection

11 of members to fill vacancies, of the State Commis12 sion.

13 (c) DUTIES OF STATE COMMISSION.—

14 (1) REVIEW OF COMMUNITY YOUTH DEVELOP15 MENT PLANS.—In accordance with regulations is16 sued by the Assistant Secretary, within 30 days of

17 the submission by a Local Board of an application

18 under section 5(b)(5), the State Commission shall ei19 ther approve the application and distribute to the

20 Local Board its local allocation under section 5, or

21 notify the Local Board of the additional steps that

22 the Local Board shall take to bring the plan into

23 compliance with this Act.

24 (2) MONITORING OPERATIONS OF LOCAL

25 BOARDS.—The Commission shall have primary re-
39

•HR 4086 IH

1 sponsibility for ensuring that the Local Boards oper2 ate in compliance with this Act.

3 (3) TECHNICAL ASSISTANCE TO LOCAL

4 BOARDS.—The State Commission shall provide tech5 nical assistance related to the development and im6 plementation of local strategic plans described in

7 section 6(f) to Local Boards that are applicants for,

8 or recipients of, local allocations under section 5(b).

9 (4) GOALS AND STRATEGIC PLAN FOR YOUTH

10 DEVELOPMENT.—

11 (A) STATE POLICY GOALS.—After a review

12 of local strategic plans submitted by Local

13 Boards within the State under section 6(f), the

14 State Commission and the Governor shall de15 velop policy goals for the State, based on the

16 process and outcome objectives in such strategic

17 plans.

18 (B) STATE STRATEGIC PLAN.—Based on

19 the State policy goals, the Commission and the

20 Governor shall develop a State strategic plan

21 for youth development, including specific State

22 process and outcome objectives, designed to

23 achieve the State policy goals.

24 (5) ANNUAL REPORT.—Each State Commission

25 shall, not later than 120 days after the end of each
40

•HR 4086 IH

1 fiscal year of the State Commission, prepare and

2 submit to the Assistant Secretary and the National

3 Commission an annual report, in such manner and

4 containing such information as the Assistant Sec5 retary may reasonably require to determine compli6 ance with this Act. Such report shall contain, at a

7 minimum, information on the programs and activi8 ties funded in the State during the fiscal year under

9 this Act, and the extent to which the Local Boards

10 in the State achieved the process and outcome objec11 tives specified in the local strategic plan described in

12 section 6(f)(1).

13 (d) RELATIONSHIP TO INDEPENDENT STATE BODY

14 ESTABLISHED UNDER THE CLAUDE PEPPER YOUNG

15 AMERICANS ACT OF 1990.—To provide improved coordi16 nation of public and private services for youth and their

17 families, the State Commission shall—

18 (1) consult with the Independent State Body

19 established under section 930 of the Claude Pepper

20 Young Americans Act of 1990 (42 U.S.C. 12336) in

21 the development of the State strategic plan under

22 subsection (c)(4);

23 (2) consult with the Independent State Body in

24 developing and implementing strategies for improved

25 coordination between activities funded under this
41

•HR 4086 IH

1 Act and other public and private services for youth

2 and their families; and

3 (3) submit a copy of the annual report required

4 under subsection (c)(5) to the Independent State

5 Body, concurrently with the submission of the report

6 to the Assistant Secretary and the National Com7 mission.

8 (e) COORDINATION WITH INDEPENDENT STATE

9 BODY ESTABLISHED UNDER THE CLAUDE PEPPER

10 YOUNG AMERICANS ACT OF 1990.—In addition to the an11 nual report required under subsection (c)(5), the State

12 Commission shall provide information obtained from the

13 annual reports submitted by the Local Boards under sec14 tion 6(i) to the Independent State Body under subsection

15 (d)(3), including a detailed accounting of the number of

16 participants in programs in the State that are funded

17 under this Act, specified by age, gender, economic back18 ground, race, ethnicity, and disability.

19 SEC. 8. NATIONAL YOUTH DEVELOPMENT COMMISSION.

20 (a) ESTABLISHMENT OF NATIONAL YOUTH DEVEL21 OPMENT COMMISSION.—There is established a National

22 Youth Development Commission that shall advise the As23 sistant Secretary on the implementation of this Act.

24 (b) ESTABLISHMENT, SIZE, COMPOSITION, AND AP25 POINTMENT OF NATIONAL COMMISSION.—
42

•HR 4086 IH

1 (1) ESTABLISHMENT; NUMBER OF MEMBERS.—

2 The National Youth Development Commission shall

3 be composed of 21 voting members, and such ex

4 officio nonvoting members as the President may de5 termine to be appropriate.

6 (2) APPOINTMENT OF NATIONAL COMMIS7 SION.—

8 (A) IN GENERAL.—The voting members of

9 the National Commission shall be appointed by

10 the President, by and with the advice and con11 sent of the Senate.

12 (B) NOMINATIONS FROM HOUSE OF REP13 RESENTATIVES.—Seven voting members of the

14 National Commission shall be appointed from

15 among individuals nominated by the Speaker

16 and Minority Leader of the House of Rep17 resentatives.

18 (C) NOMINATIONS FROM SENATE.—Seven

19 voting members of the National Commission

20 shall be appointed from among individuals nom21 inated by the Majority Leader and Minority

22 Leader of the Senate.

23 (D) TIMING.—The President shall appoint

24 the initial voting members of the Commission
43

•HR 4086 IH

1 within 90 days after the date of enactment of

2 this Act.

3 (3) COMPOSITION OF NATIONAL COMMISSION.—

4 (A) REPRESENTATIVES OF NATIONALLY

5 AFFILIATED YOUTH DEVELOPMENT ORGANIZA6 TIONS.—Seven of the voting members of the

7 National Commission shall be representatives of

8 national youth development organizations, or of

9 the affiliates of such organizations.

10 (B) REPRESENTATIVES OF

11 NONAFFILIATED YOUTH DEVELOPMENT ORGA12 NIZATIONS.—Seven of the voting members of

13 the National Commission shall be representa14 tives described in section 6(c)(1)(B).

15 (C) OTHER MEMBERS.—Seven of the vot16 ing members of the National Commission shall

17 be appointed from among representatives de18 scribed in section 7(b)(3)(C).

19 (D) AGE OF MEMBERS.—At least 2 of the

20 voting members appointed to the National Com21 mission shall be under the age of 20 at the time

22 of such appointment.

23 (E) BACKGROUND OF MEMBERS.—The

24 President shall ensure that the voting member25 ship of the National Commission fairly rep-
44

•HR 4086 IH

1 resents urban and rural populations and re2 flects the racial, ethnic, and gender composition

3 of the population of the United States.

4 (4) TERM OF OFFICE.—

5 (A) IN GENERAL.—Each voting member of

6 the Commission shall serve for a term of 3

7 years, except that one-third of the members

8 first appointed to the Commission after the

9 date of enactment of this section shall serve for

10 a term of 1 year, and one-third of such mem11 bers shall serve for a term of 2 years, as des12 ignated by the President. The members des13 ignated to serve a term of 1 year, and the mem14 bers designated to serve a term of 2 years, shall

15 include a fair distribution of members from the

16 3 categories of members described in subpara17 graphs (A), (B), and (C) of paragraph (3), and

18 a fair distribution of members appointed as pro19 vided in paragraph (2)(B), of members ap20 pointed as provided in paragraph (2)(C), and of

21 other members.

22 (B) REAPPOINTMENT.—Members of the

23 National Commission may not serve more than

24 2 consecutive terms.
45

•HR 4086 IH

1 (5) VACANCIES.—Any vacancy on the National

2 Commission shall be filled in the same manner as

3 the original appointment. In filling such a vacancy,

4 the President shall ensure that the National Com5 mission meets the requirements of paragraph (3).

6 Any member appointed to fill such a vacancy shall

7 serve for the remainder of the term for which the

8 predecessor of the member was appointed or elected.

9 (6) CHAIRPERSON AND VICE CHAIRPERSON.—

10 The National Commission shall elect a Chairperson

11 and Vice Chairperson from among its members.

12 (7) OTHER OFFICERS.—The Commission may

13 elect from among its membership such additional of14 ficers for the Commission as the Commission deter15 mines to be appropriate.

16 (8) MEETINGS.—The Commission shall meet

17 not less often than 2 times each year. The Commis18 sion shall hold additional meetings if 15 members of

19 the Commission request such meetings in writing. A

20 majority of the appointed members of the Commis21 sion shall constitute a quorum.

22 (9) EXPENSES.—While away from their homes

23 or regular places of business on the business of the

24 Commission, members of such Commission may be

25 allowed travel expenses, including per diem in lieu of
46

•HR 4086 IH

1 subsistence, at rates authorized for employees of

2 agencies under subchapter I of chapter 57 of title 5,

3 United States Code, for persons employed intermit4 tently in the Government service.

5 (10) SPECIAL GOVERNMENT EMPLOYEES.—For

6 purposes of the provisions of chapter 11 of part I of

7 title 18, United States Code, and any other provision

8 of Federal law, a member of the Commission (to

9 whom such provisions would not otherwise apply ex10 cept for this subsection) shall be a special Govern11 ment employee.

12 (11) STATUS OF MEMBERS.—

13 (A) TORT CLAIMS.—For the purposes of

14 the tort claims provisions of chapter 171 of title

15 28, United States Code, a member of the Com16 mission shall be considered to be a Federal em17 ployee.

18 (B) OTHER CLAIMS.—A member of the

19 Commission has no personal liability under

20 Federal law with respect to any claim arising

21 out of or resulting from any act or omission by

22 such person, within the scope of the service of

23 the member on the Commission, in connection

24 with any transaction involving the provision of

25 financial assistance by the Commission or the
47

•HR 4086 IH

1 Administration for Children and Families. This

2 paragraph shall not be construed to limit per3 sonal liability for criminal acts or omissions,

4 willful or malicious misconduct, acts or omis5 sions for private gain, or any other act or omis6 sion outside the scope of the service of such

7 member on the Commission.

8 (C) EFFECT ON OTHER LAW.—This sub9 section shall not be construed—

10 (i) to affect any other immunities and

11 protections that may be available to such

12 member under applicable law with respect

13 to such transactions; or

14 (ii) to affect any other right or rem15 edy against the United States under appli16 cable law, or against any person.

17 (12) ADMINISTRATION.—The Federal Advisory

18 Committee Act (5 U.S.C. App.) shall not apply with

19 respect to the National Commission.

20 (c) DUTIES OF NATIONAL COMMISSION AND ASSIST21 ANT SECRETARY.—

22 (1) DUTIES OF NATIONAL COMMISSION.—The

23 National Commission shall—

24 (A) review and approve the proposal de25 scribed in paragraph (2)(A)(i), regarding the
48

•HR 4086 IH

1 goals and strategic plan referred to in such

2 paragraph;

3 (B) review and approve the proposal de4 scribed in paragraph (2)(B)(i), regarding the

5 grants, contracts, allocations, reallocations, and

6 payments described in paragraph (2)(B);

7 (C) review and approve the proposal de8 scribed in paragraph (2)(C)(i), regarding the

9 regulations, standards, policies, and procedures,

10 described in such paragraph;

11 (D) review and approve the proposed plan

12 for evaluation and monitoring referred to in

13 paragraph (2)(D)(i);

14 (E) review and approve the proposed re15 port referred to in paragraph (2)(E)(i);

16 (F) review, and advise the Assistant Sec17 retary regarding, such standards, policies, pro18 cedures, programs, and initiatives as are nec19 essary or appropriate to carry out this Act;

20 (G) inform the Assistant Secretary of any

21 aspects of the actions of the Assistant Secretary

22 that are not in compliance with the goals and

23 strategic plan approved under subparagraph

24 (A), the proposals approved under subpara25 graphs (B) and (C), the plan approved under
49

•HR 4086 IH

1 subparagraph (D), and the report approved

2 under subparagraph (E);

3 (H) advise the President and the Congress

4 concerning developments relating to youth de5 velopment that merit the attention of the Presi6 dent and the Congress;

7 (I) ensure the effective dissemination of in8 formation and facilitation of the transfer of

9 technology on youth development issues, includ10 ing program information, sources of funding,

11 and methods of evaluation;

12 (J) provide (directly or by contract) train13 ing and technical assistance to State Commis14 sions and Local Boards; and

15 (K) carry out any other activities deter16 mined to be appropriate by the Assistant Sec17 retary.

18 (2) GENERAL DUTIES OF ASSISTANT SEC19 RETARY.—The Assistant Secretary shall—

20 (A)(i) prepare and submit to the National

21 Commission a proposal regarding the goals and

22 strategic plan described in paragraph (3)(A);

23 and

24 (ii) after receiving and reviewing approved

25 goals and an approved strategic plan under
50

•HR 4086 IH

1 paragraph (1)(A), issue the goals and strategic

2 plan described in paragraph (3)(A);

3 (B)(i) prepare and submit to the National

4 Commission a proposal regarding such grants,

5 contracts, allocations, and reallocations, as are

6 necessary or appropriate to carry out this Act;

7 and

8 (ii) after receiving and reviewing an ap9 proved proposal under paragraph (1)(B), make

10 such grants, contracts, allocations, and

11 reallocations, and make such payments (in lump

12 sum or installments, and in advance or by way

13 of reimbursement, and in the case of financial

14 assistance otherwise authorized under this Act,

15 with necessary adjustments on account of over16 payments and underpayments);

17 (C)(i) prepare and submit to the National

18 Commission a proposal regarding the regula19 tions described in paragraph (3)(B), and such

20 other standards, policies, and procedures, as are

21 necessary or appropriate to carry out this Act;

22 and

23 (ii) after receiving and reviewing an ap24 proved proposal under paragraph (1)(C)—
51

•HR 4086 IH

1 (I) establish such regulations, stand2 ards, policies, and procedures as are nec3 essary or appropriate to carry out this Act;

4 and

5 (II) establish and administer such

6 programs and initiatives as are necessary

7 or appropriate to carry out this Act;

8 (D)(i) prepare and submit to the National

9 Commission a proposed plan for the evaluation

10 and monitoring of activities under this Act, in

11 accordance with paragraph (3)(D); and

12 (ii) after receiving an approved plan under

13 paragraph (1)(D) establish the system de14 scribed in paragraph (3)(D);

15 (E)(i) prepare and submit to the National

16 Commission a proposed report described in

17 paragraph (3)(F); and

18 (ii) after receiving an approved report

19 under paragraph (1)(E), submit the report de20 scribed in paragraph (3)(F);

21 (F) prepare and submit to the National

22 Commission an annual report, and such interim

23 reports as may be necessary, describing the

24 major actions of the Assistant Secretary with

25 respect to the personnel that carry out this Act,
52

•HR 4086 IH

1 and with respect to the standards, policies, pro2 cedures, programs, and initiatives implemented

3 to carry out this Act;

4 (G) inform the National Commission of,

5 and provide an explanation to the National

6 Commission regarding, any substantial dif7 ferences regarding the implementation of this

8 Act between—

9 (i) the actions of the Assistant Sec10 retary; and

11 (ii)(I) the goals and strategic plan ap12 proved by the National Commission under

13 paragraph (1)(A);

14 (II) the proposals approved by the

15 National Commission under subparagraph

16 (B) or (C) of paragraph (1);

17 (III) the evaluation and monitoring

18 plan approved by the National Commission

19 under paragraph (1)(D); or

20 (IV) the report approved by the Na21 tional Commission under paragraph

22 (1)(E); and

23 (H) consult with appropriate Federal agen24 cies in administering the programs and initia25 tives carried out under this Act.
53

•HR 4086 IH

1 (3) SPECIFIC DUTIES OF THE ASSISTANT SEC2 RETARY.—

3 (A) NATIONAL POLICY GOALS AND STRA4 TEGIC PLAN.—

5 (i) NATIONAL POLICY GOALS.—After

6 a review of State strategic plans developed

7 under section 7(c)(4), and input from

8 Local Boards, the Assistant Secretary shall

9 develop and issue national policy goals that

10 are based on the process and outcome ob11 jectives specified in such plans.

12 (ii) NATIONAL STRATEGIC PLAN FOR

13 YOUTH DEVELOPMENT.—Based on the na14 tional policy goals, the Assistant Secretary

15 shall develop a national strategic plan for

16 youth development, including specific proc17 ess and outcome objectives, designed to

18 achieve the national policy goals.

19 (B) REGULATIONS.—The Assistant Sec20 retary shall issue all regulations necessary for

21 the administration of this Act, including—

22 (i) regulations (regarding funding for23 mulas) described in paragraphs (2) and (4)

24 of section 5(b);
54

•HR 4086 IH

1 (ii) regulations (regarding appeals of

2 denials of local strategic plans) under sec3 tion 6(f)(3);

4 (iii) regulations (regarding certifi5 cation, and appeals of denials of certifi6 cation, of organizations as community7 based youth development organizations)

8 under section 6(g)(3);

9 (iv) regulations (regarding review of

10 the applications of Local Boards by State

11 Commissions) under section 7(c)(1);

12 (v) effective practice standards de13 scribed in subparagraph (C);

14 (vi) regulations that specify a process

15 for certifying that an organization qualifies

16 as a national youth development organiza17 tion; and

18 (vii) interim final regulations govern19 ing the first fiscal year of operation under

20 this Act, which shall be issued within 120

21 days after the appointment of the National

22 Commission.

23 (C) EFFECTIVE PRACTICE STANDARDS.—

24 The Assistant Secretary shall develop and issue

25 standards that specify effective practices for
55

•HR 4086 IH

1 conducting community-based youth development

2 programs, and such specified practices shall in3 clude—

4 (i) addressing one or more of the

5 process objectives, and one or more of the

6 outcome objectives, identified in the local

7 strategic plan described in section 6(f)(1);

8 (ii) incorporating components that

9 promote the competencies described in sec10 tion 4(15)(A) in youth;

11 (iii) recognizing the primary role of

12 the family in positive youth development

13 and seeking to strengthen families;

14 (iv) promoting the involvement of

15 youth, parents, and other community mem16 bers in the planning and implementation of

17 the program;

18 (v) coordinating services with other

19 youth and family services in the commu20 nity, and helping participants access the

21 services;

22 (vi) exposing youth to a variety of

23 adult role models and mentors;

24 (vii) encouraging youth leadership and

25 civic involvement;
56

•HR 4086 IH

1 (viii) seeking to establish a long-term

2 relationship with participating youth;

3 (ix) employing strong outreach efforts

4 to low-income youth and their families; 

5 (x) providing age-appropriate pro6 grams;

7 (xi) providing programs that—

8 (I) are open to all youth regard9 less of such factors as race, color, reli10 gion, sex, national origin, disability, or

11 social or economic background; or

12 (II) target a population related

13 on the basis of one or more of such

14 factors, if such targeting is designed

15 to meet the special needs of such pop16 ulation; and

17 (xii) using not less than 5 percent and

18 not more than 10 percent of funds made

19 available through the grant to provide

20 preservice and inservice training and edu21 cational materials and services for program

22 staff.

23 (D) MONITORING AND EVALUATION.—The

24 Assistant Secretary shall develop and establish

25 a system for monitoring and evaluating the ef-
57

•HR 4086 IH

1 fectiveness of activities funded under this Act.

2 The system shall utilize the standards for effec3 tive practices issued under subparagraph (C).

4 (E) COORDINATION.—The Assistant Sec5 retary shall consult with appropriate Federal

6 agencies to ensure effective coordination of pro7 grams funded under this Act with other Federal

8 programs serving youth and families.

9 (F) REPORT.—Every 2 years, the Assist10 ant Secretary shall submit to the President and

11 the Congress a report describing the activities

12 funded under this Act, and an assessment of

13 the effectiveness of the activities in meeting the

14 process and outcome objectives described in

15 subparagraph (A)(ii).

16 (d) RELATIONSHIP TO FEDERAL COUNCIL ON CHIL17 DREN, YOUTH, AND FAMILIES.—To provide improved co18 ordination of public and private services for youth and

19 their families, the National Commission shall—

20 (1) consult with the Federal Council on Chil21 dren, Youth, and Families established under section

22 918 of the Claude Pepper Young Americans Act of

23 1990 (42 U.S.C. 12314), in developing and imple24 menting strategies for improved coordination be25 tween activities funded under this Act and other
58

•HR 4086 IH

1 public and private services for youth and their fami2 lies; and

3 (2) submit a copy of any reports required under

4 subsection (c)(3)(F) to the Federal Council on Chil5 dren, Youth, and Families, concurrently with the

6 submission of the report to the President and the

7 Congress.

8 (e) STAFF AND CONSULTANTS.—

9 (1) STAFF.—

10 (A) IN GENERAL.—The National Commis11 sion may, without regard to the civil service

12 laws and regulations, appoint and terminate an

13 executive director and such other additional

14 personnel as may be necessary to enable the

15 Commission to perform its duties.

16 (B) COMPENSATION.—The National Com17 mission may fix the compensation of the execu18 tive director and other personnel without regard

19 to the provisions of chapter 51 and subchapter

20 III of chapter 53 of title 5, United States Code,

21 relating to classification of positions and Gen22 eral Schedule pay rates, except that the rate of

23 pay for the executive director and other person24 nel may not exceed the rate payable for level V
59

•HR 4086 IH

1 of the Executive Schedule under section 5316

2 of such title.

3 (2) CONSULTANTS.—The executive director

4 may procure the temporary and intermittent services

5 of experts and consultants and compensate the ex6 perts and consultants in accordance with section

7 3109(b) of title 5, United States Code, at rates for

8 individuals that do not exceed the daily equivalent of

9 the annual rate of basic pay prescribed for level IV

10 of the Executive Schedule under section 5315 of

11 such title.

12 (3) DETAILS OF PERSONNEL.—The head of any

13 Federal department or agency may detail on a reim14 bursable basis, or on a nonreimbursable basis for not

15 to exceed 180 calendar days during any fiscal year,

16 as agreed upon by the Director and the head of the

17 Federal agency, any of the personnel of that depart18 ment or agency to the National Commission to assist

19 the Commission in carrying out the duties of the

20 Commission under this Act. Any detail shall not in21 terrupt or otherwise affect the civil service status or

22 privileges of the Federal employee.

Æ

HR 4086 IH——2

HR 4086 IH——3
60

•HR 4086 IH

HR 4086 IH——4

HR 4086 IH——5