II

103D CONGRESS

1ST SESSION S. 1746

To establish a youth development grant program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mrs. KASSEBAUM (for herself, Mr. DODD, Mr. INOUYE, Mr. STEVENS, and

Mr. DURENBERGER) introduced the following bill; which was read twice

and referred to the Committee on Labor and Human Resources

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.
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Sec. 8. National Youth Development Commission.

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
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1 who lack self-confidence, self-discipline, respect for

2 others, and a sense of connection to their families

3 and communities, are unlikely to be successful in

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

5 behaviors.

6 (4) Parents have primary responsibility for the

7 social, moral, emotional, physical, and cognitive de8 velopment of their children. However, tremendous

9 social and demographic changes during the last 30

10 years have had a significant effect on family life and

11 youth development, creating the need for programs

12 to strengthen families and help parents meet the so13 cial, moral, emotional, physical, and cognitive needs

14 of their children.

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

16 and the lack of meaningful activity after school for

17 youth contributes to the spread of violent juvenile

18 delinquency in the form of youth and gang violence,

19 drug trafficking, dangerous and self-destructive be20 havior, and lack of hope among youth in our Nation.

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

22 schools if the Nation asks the schools to meet single23 handedly the needs described in paragraph (5) in ad24 dition to accomplishing their basic educational mis25 sion. Only a strong partnership among families,
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1 schools, local government, religious organi- zations,

2 community-based youth-serving organizations, com3 munity-based family-serving organizations, business,

4 and labor can create a community environment that

5 truly supports the youth of the Nation in reaching

6 their highest potential.

7 (7) Nonschool-based youth development pro8 grams, including youth clubs, sports and recreation

9 programs, mentoring programs, and leadership de10 velopment and community service programs, make a

11 major contribution to helping youth develop the life

12 skills and moral values that will prepare the youth

13 for the challenges of adolescence and the independ14 ence and responsibilities of adulthood.

15 (8) Participation in positive youth development

16 programs can lead to a reduction in high-risk behav17 iors, including school failure, teenage pregnancy, use

18 of alcohol and drugs, and juvenile delinquency.

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

20 would greatly benefit from such programs, however,

21 are least likely to have access to such programs.

22 (9) Community-based youth-serving organiza23 tions are an effective resource in developing and im24 plementing community youth development plans,

25 both because of the responsiveness of the organiza-
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1 tions to local community values and concerns, and

2 the ability of the organizations to mobilize commu3 nity resources. For example, the 15 member organi4 zations of the National Collaboration for Youth col5 lectively serve over 25,000,000 youth, and mobilize

6 over 4,000,000 volunteers to carry out community7 based youth development services.

8 (10) Notwithstanding the efforts of community9 based youth-serving organizations, in most local

10 communities youth development efforts are so frag11 mented and underfunded that millions of youth na12 tionwide go unserved, and no process exists through

13 which key groups regularly come together to develop

14 a comprehensive youth development plan. Without a

15 mechanism for coordination, narrowly focused Fed16 eral programs are unable to meet the comprehensive

17 needs of the youth of the Nation.

18 (11) Increased Federal investment in programs

19 under the Head Start Act and other early childhood

20 development programs signals an encouraging shift

21 toward a comprehensive long-term, holistic, invest22 ment-oriented strategy in promoting the healthy de23 velopment of children in the United States.

24 (12) It is critical that the Federal Government

25 adopt the same type of comprehensive strategy in
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1 promoting the positive development of youth, and

2 encourage and empower communities to develop and

3 implement comprehensive youth development plans.

4 SEC. 3. PURPOSES.

5 It is the purpose of this Act to expand community6 based youth development services, and to support commu7 nities in designing strategic plans for youth development

8 that—

9 (1) give priority to prevention of youth prob10 lems through youth development;

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

12 positive youth development;

13 (3) support community-based youth develop14 ment organizations in expanding youth development

15 opportunities; and

16 (4) promote increased community coordination

17 and collaboration in meeting the developmental

18 needs of youth.

19 SEC. 4. DEFINITIONS.

20 As used in this Act:

21 (1) ASSISTANT SECRETARY.—The term ‘‘Assist22 ant Secretary’’ means the Assistant Secretary for

23 Children and Families of the Department of Health

24 and Human Services.
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1 (2) COMMUNITY-BASED.—The term ‘‘commu2 nity-based’’, used with respect to a youth develop3 ment organization or a youth-serving organization,

4 means such an organization that—

5 (A) is exempt from taxation under section

6 501(c)(3) of the Internal Revenue Code of

7 1986;

8 (B) is not a government entity; and

9 (C) is representative of a community or a

10 significant segment of a community and is en11 gaged in providing services to the community.

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

13 political subdivision of a State.

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

15 means a Local Youth Development Board estab16 lished under section 6.

17 (5) LOW INCOME FAMILY.—The term ‘‘low in18 come family’’ means a family with an income below

19 the poverty line.

20 (6) NATIONAL COMMISSION.—The term ‘‘Na21 tional Commission’’ means the National Youth De22 velopment Commission established under section 8.

23 (7) NATIONAL YOUTH DEVELOPMENT ORGANI24 ZATION.—The term ‘‘national youth development or25 ganization’’ means an organization whose purpose
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1 and activities are national in scope, and that, either

2 directly or through its local affiliates, provides youth

3 development programs in at least 7 States.

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

5 objective’’ means an objective that relates to the im6 pact of a program or initiative, with respect to the

7 participants in the program or initiative or the com8 munity that the program or initiative serves, such as

9 an objective relating to changes—

10 (A) in the competencies described in para11 graph (15)(A) of individual participants in the

12 program or initiative;

13 (B) in the incidence of positive or negative

14 behaviors among such participants; or

15 (C) in the incidence of such behaviors

16 among youth in such community.

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

18 means the income official poverty line (as defined by

19 the Office of Management and Budget, and revised

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

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

22 9902(2)) applicable to a family of the size involved.

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

24 objective’’ means an objective that relates to the
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1 manner in which a program or initiative is carried

2 out, such as an objective relating to—

3 (A) the degree to which the program or

4 initiative is reaching its intended target popu5 lation;

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

7 of the youth involved in the program or initia8 tive;

9 (C) the degree to which the services deliv10 ered are consistent with the intended program

11 model; and

12 (D) the cost of delivering services under

13 the program or initiative.

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

15 the several States of the United States, the District

16 of Columbia, the Commonwealth of Puerto Rico, the

17 Commonwealth of the Northern Mariana Islands,

18 American Samoa, Guam, and the United States Vir19 gin Islands.

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

21 Commission’’ means a State Youth Development

22 Commission established under section 7.

23 (13) YOUTH.—The term ‘‘youth’’ means an in24 dividual who is not younger than 6 and not older

25 than 19.
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1 (14) YOUTH DEVELOPMENT ORGANIZATION.—

2 The term ‘‘youth development organization’’ means

3 a youth-serving organization with a major emphasis

4 on providing youth development programs.

5 (15) YOUTH DEVELOPMENT PROGRAM.—The

6 term ‘‘youth development program’’ means a pro7 gram that—

8 (A) in order to enable youth to deal suc9 cessfully with the challenges of adolescence and

10 prepare the youth for the independence and re11 sponsibilities of being parents, workers, and

12 citizens, helps the youth to develop—

13 (i) social competencies, such as work

14 and family life skills, problem-solving

15 skills, and communication skills;

16 (ii) moral competencies, such as per17 sonal values and ethics, a sense of respon18 sibility and citizenship (including participa19 tion in civic life and community service),

20 and respect for diversity;

21 (iii) emotional competencies, such as a

22 sense of personal identity, self-confidence,

23 autonomy, and the ability to resist negative

24 peer pressure;
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1 (iv) physical competencies, such as

2 physical conditioning and endurance, and

3 an appreciation for and strategies to

4 achieve lifelong physical health and fitness;

5 and

6 (v) cognitive competencies, such as

7 knowledge, reasoning ability, creativity,

8 and a lifelong commitment to learning and

9 achievement;

10 (B) conducts activities with a primarily

11 nonacademic focus;

12 (C) employs primarily active and experien13 tial learning methods; and

14 (D) promotes the competencies described

15 in subparagraph (A) through group and one-to16 one activities, which may include activities in

17 youth clubs, sports and recreation, mentoring,

18 arts, values education, leadership development,

19 crime and delinquency prevention, community

20 service or volunteerism, child care, career coun21 seling, job skills training, life skills training,

22 health education including drug and alcohol

23 prevention, parenting skills activities, camping,

24 environmental education, ethnic or cultural en25 richment, tutoring, and academic enrichment.
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1 (16) YOUTH-SERVING ORGANIZATION.—The

2 term ‘‘youth-serving organization’’ means an organi3 zation with a primary focus on providing youth de4 velopment, medical, educational, special education,

5 psychological, vocational and training, rehabilitative,

6 or housing services to youth.

7 SEC. 5. ALLOCATION AND DISTRIBUTION OF FUNDS.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—There

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

10 $400,000,000 for fiscal year 1995, and such sums as may

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

12 1998.

13 (b) ALLOCATION AND DISTRIBUTION OF LOCAL AL14 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA15 TIONS EQUAL OR EXCEED $100,000,000.—

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

17 year for which the total sums appropriated under

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

19 Assistant Secretary shall reserve 93.5 percent of

20 such sums (referred to in this subsection as the

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

22 this subsection to States to assist Local Boards in

23 carrying out the activities described in section 6.

24 (2) ALLOCATION OF FUNDS TO STATES.—
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1 (A) IN GENERAL.—For each such fiscal

2 year, the Assistant Secretary shall allocate to

3 each State Commission the sum (referred to in

4 this subsection as the ‘‘State portion of the

5 total local allocation’’) of—

6 (i) an amount that bears the same relation to 1 7 ⁄3 of the total local allocation as

8 the number of youth in the State bears to

9 the number of youth in all States;

10 (ii) an amount that bears the same relation to 1 11 ⁄3 of such allocation as the num12 ber of youth from low income families in

13 the State bears to the number of such

14 youth in all States; and

(iii) an amount from the remaining 1 15 ⁄3

16 of such allocation, calculated in accordance

17 with a formula prescribed by the Secretary

18 that takes into account the extent to which

19 violent juvenile crime has increased in the

20 State since 1990, relative to the extent to

21 which violent juvenile crime has increased

22 in all States since 1990.

23 (B) REGULATION.—The Secretary shall

24 prescribe the formula described in subpara-
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1 graph (A)(iii) by regulation issued after con2 sultation with the Attorney General.

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

4 be eligible to receive such State portion of the total

5 local allocation, the State Commission shall prepare,

6 and submit to the Assistant Secretary, an applica7 tion at such time, in such manner, and containing

8 such information, as the Assistant Secretary may

9 reasonably require. Such application shall include, at

10 a minimum, an assurance that the State Commis11 sion is prepared to administer such amount in com12 pliance with all the requirements of this Act, and, in

13 the case of any application submitted after the first

14 year in which the State Commission receives funds

15 under this Act, the State strategic plan described in

16 section 7(c)(4).

17 (4) ALLOCATION OF FUNDS TO LOCAL

18 BOARDS.—

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

20 which a State receives such State portion of the

21 total local allocation, the State Commission

22 shall allocate to each Local Board in the State

23 the sum (referred to in this subsection as the

24 ‘‘local allocation’’) of—
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1 (i) an amount that bears the same relation to 1 2 ⁄3 of the State portion of the

3 total local allocation as the number of

4 youth in the county served by the Local

5 Board bears to the number of youth in the

6 State;

7 (ii) an amount that bears the same relation to 1 8 ⁄3 of such State portion as the

9 number of youth from low income families

10 in the county bears to the number of such

11 youth in the State; and

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

13 of such State portion, calculated in accord14 ance with a formula prescribed by the Sec15 retary that takes into account the extent to

16 which violent juvenile crime has increased

17 in the county since 1990, relative to the

18 extent to which violent juvenile crime has

19 increased in the State 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 (5) DISTRIBUTION OF FUNDS TO LOCAL

25 BOARDS.—
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1 (A) INITIAL PLANNING FUNDS.—For the

2 first fiscal year for which Local Boards in a

3 State are eligible to receive funds under this

4 subsection, the State Commission shall make

5 available to each eligible Local Board in the

6 State, 5 percent of the local allocation of such

7 Board, to be used for initial planning purposes.

8 To be eligible to receive such amount, the Local

9 Board shall submit to the State Commission a

10 letter of intent to apply for funds under this

11 subsection. Such letter of intent shall include a

12 list of the members of the Local Board, includ13 ing sufficient information about their organiza14 tional affiliations to demonstrate compliance

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

16 of section 6.

17 (B) DISTRIBUTION OF PROGRAM FUNDS.—

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

19 for which a State receives a State portion

20 of the total local allocation, the State Com21 mission shall distribute to each eligible

22 Local Board in the State an amount equal

23 to the remainder of the local allocation of

24 such Board.
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1 (ii) APPLICATION.—To be eligible to

2 receive such amount, the Local Board shall

3 prepare, and submit to the State Commis4 sion, an application, at such time, in such

5 manner, and containing such information

6 as the State Commission may reasonably

7 require to assure compliance with this Act.

8 Such application shall include, at a mini9 mum, a local strategic plan described in

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

11 for which funding will be provided, and in12 formation indicating the extent to which

13 the programs meet the effective practice

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

15 (c) ALLOCATION AND DISTRIBUTION OF STATE AL16 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA17 TIONS EQUAL OR EXCEED $100,000,000.—

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

19 year for which the total sums appropriated under

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

21 Assistant Secretary shall reserve 4 percent of such

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

23 allocation’’) to make allocations to State Commis24 sions to carry out the activities described in section

25 7.
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1 (2) GENERAL ALLOCATION.—Except as pro2 vided in paragraph (3), for each such year, the As3 sistant Secretary shall make such allocations in ac4 cordance with the requirements of subsection (b)(2).

5 For the purposes of the application of such require6 ments to allocations under this subsection, ref7 erences in subsection (b)(2) to the total local alloca8 tion shall be deemed to be references to the total

9 State allocation.

10 (3) MINIMUM STATE ALLOCATION.—For each

11 such year, the Assistant Secretary shall allocate to

12 each State Commission under this subsection an

amount that is not less than 1 13 ⁄2 of 1 percent of the

14 total State allocation.

15 (d) ALLOCATION AND DISTRIBUTION OF LOCAL AL16 LOCATION FOR FISCAL YEARS FOR WHICH APPROPRIA17 TIONS ARE LESS THAN $100,000,000.—

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

19 total sums appropriated under subsection (a) are

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

21 shall reserve 97.5 percent of such sums and shall

22 make grants from such reserved sums, on a competi23 tive basis, to eligible Local Boards to carry out the

24 activities described in section 6.
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1 (2) CONSIDERATIONS.—In making such grants,

2 the Assistant Secretary shall consider the criteria

3 described in the formula provided in subsection

4 (b)(2). The Assistant Secretary shall ensure an equi5 table geographic distribution of such grants, and

6 shall ensure that a variety of program models receive

7 funding under this subsection.

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

9 grant under this section, a Local Board shall submit

10 to the Assistant Secretary an application at such

11 time, in such manner, and containing such informa12 tion as the Assistant Secretary may require, includ13 ing an assurance that the Local Board will comply

14 with such evaluation process as the Assistant Sec15 retary may reasonably require to assure compliance

16 with this Act, and including any information that a

17 Local Board is required to submit in an application

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

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

20 grant under this subsection, a Local Board shall

21 meet such requirements as the Assistant Secretary

22 may by regulation require.

23 (5) INITIAL DISTRIBUTION.—The Assistant

24 Secretary may award an initial grant to a Local

25 Board under this subsection for a period of up to 3
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1 years. The Assistant Secretary may terminate the

2 funding made available through such grant during

3 such period if the Local Board fails to comply with

4 the provisions of this Act.

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

6 grant period, in determining whether to renew or

7 continue a grant to a Local Board to carry out ac8 tivities, the Assistant Secretary shall give substantial

9 weight to the effectiveness of the activities in achiev10 ing the process and outcome objectives specified in

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

12 If the total sums appropriated under subsection (a)

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

14 which the Local Board seeks a renewal or continu15 ation, the Local Board shall apply to the State Com16 mission for funding under subsection (b).

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

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

19 this section shall be considered to be a local alloca20 tion.

21 (8) APPLICATION OF PROVISIONS.—The provi22 sions of section 6 shall apply to Local Boards receiv23 ing funds under this subsection. For purposes of the

24 application of such provisions, references to the
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1 State Commission shall be deemed to be references

2 to the Assistant Secretary.

3 (e) NATIVE AMERICAN ORGANIZATIONS.—

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

5 under subsection (a) for any fiscal year, the Assist6 ant Secretary shall reserve 1.5 percent of such sums

7 to make grants to eligible Native American organiza8 tions to assist the organizations in carrying out the

9 activities described in section 6.

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

11 grant under paragraph (1), a Native American orga12 nization shall submit an application to the Assistant

13 Secretary at such time, in such manner, and con14 taining such information as the Assistant Secretary

15 may reasonably require to assure compliance with

16 this Act, including any information that a Local

17 Board is required to submit in an application de18 scribed in subsection (b)(5)(B).

19 (3) APPLICATION OF PROVISIONS.—The provi20 sions of section 6 shall apply to Native American or21 ganizations receiving funds through grants made

22 under this subsection. For purposes of the applica23 tion of such provisions, references to a county shall

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

25 organization, and references to the State Commis-
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1 sion shall be deemed to be references to the Assist2 ant Secretary.

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

4 (A) INDIAN TRIBE.—The term ‘‘Indian

5 tribe’’ has the meaning given the term in sec6 tion 4(e) of the Indian Self-Determination and

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

8 (B) NATIVE AMERICAN ORGANIZATION.—

9 The term ‘‘Native American organization’’

10 means an Indian tribe or Native Hawaiian

11 Organization.

12 (C) NATIVE HAWAIIAN ORGANIZATION.—

13 The term ‘‘Native Hawaiian Organization’’ has

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

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

16 Elementary and Secondary School Improvement

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

18 (f) RESERVATION OF FUNDS FOR ADMINISTRATION

19 FOR CHILDREN AND FAMILIES.—From the sums appro20 priated under subsection (a) for each fiscal year, the As21 sistant Secretary shall reserve 1 percent of such sums for

22 the National Commission and the Administration for Chil23 dren and Families to carry out the activities required by

24 this Act.
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1 (g) AUTHORITY TO ASSIST LOCAL BOARDS IN

2 NONPARTICIPATING STATES/REALLOCATION OF STATE

3 FUNDS.—

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

5 which a State Commission does not submit an appli6 cation for an allocation under subsection (b), the As7 sistant Secretary may use the allocation of such

8 State to make direct grants to eligible Local Boards

9 in the nonparticipating State.

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

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

12 shall submit an application to the Assistant Sec13 retary at such time, in such manner, and containing

14 such information as the Assistant Secretary may

15 reasonably require to assure compliance with this

16 Act, including any information that a Local Board

17 is required to submit in an application described in

18 subsection (b)(5)(B).

19 (3) APPLICATION OF PROVISIONS.—The provi20 sions of section 6 shall apply to Local Boards receiv21 ing funds through grants made under this sub22 section. For purposes of the application of such pro23 visions, references to the State Commission shall be

24 deemed to be references to the Assistant Secretary.
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1 (h) STATE REALLOCATION.—For any fiscal year for

2 which a State Commission does not submit an application

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

4 Secretary does not use the allocation as described in sub5 section (g), the Assistant Secretary shall make available

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

7 Assistant Secretary may determine to be appropriate.

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

9 which a Local Board in a State does not submit an appli10 cation for an allocation under subsection (b), the State

11 Commission shall make available the allocation of such

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

13 Commission may determine to be appropriate.

14 (j) OBLIGATION AND EXPENDITURE OF FUNDS.—

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

16 Commission that receives an allocation from the As17 sistant Secretary under subsection (b) or (c) shall

18 obligate the allocation not later than 1 year after the

19 date of such receipt or return the allocation to the

20 Assistant Secretary for reallocation in accordance

21 with subsection (h).

22 (2) LOCAL BOARD EXPENDITURE OF FUNDS.—

23 Any Local Board that receives an allocation from a

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

25 expend the allocation not later than 3 years after the
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1 date of such receipt or return the allocation to the

2 State Commission for reallocation in accordance

3 with subsection (i).

4 SEC. 6. LOCAL YOUTH DEVELOPMENT BOARD.

5 (a) ESTABLISHMENT OF LOCAL BOARD.—

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

7 a county to be eligible to receive assistance under

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

9 facilitate the establishment of a local entity, or des10 ignate an existing local entity, that meets the re11 quirements of this section, to serve as a Local Youth

12 Development Board.

13 (2) ESTABLISHMENT OF MULTICOUNTY LOCAL

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

15 counties may agree to facilitate the establishment of

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

17 meets the requirements of this section, to serve as

18 a multicounty Local Board. Such a multicounty

19 Local Board shall carry out the duties described in

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

21 counties involved. If such a multicounty Local Board

22 is established, all duties required by this section to

23 be carried out by the Chief Executive Officer of a

24 county shall be carried out jointly by the Chief Exec25 utive Officers of each participating county.
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1 (b) NUMBER OF MEMBERS ON THE LOCAL BOARD.—

2 The Chief Executive Officer of the county shall determine

3 the total number of members on the Local Board.

4 (c) COMPOSITION OF LOCAL BOARD.—

5 (1) REPRESENTATIVES OF YOUTH DEVELOP6 MENT ORGANIZATIONS.—

7 (A) REPRESENTATIVES OF NATIONALLY

8 AFFILIATED YOUTH DEVELOPMENT ORGANIZA9 TIONS.—One-third of the members of the Local

10 Board shall be representatives of community11 based youth development organizations that are

12 affiliated with national youth development orga13 nizations.

14 (B) REPRESENTATIVES OF NONAFFILI15 ATED YOUTH DEVELOPMENT ORGANIZA16 TIONS.—One-third of the members of the Local

17 Board shall be representatives of community18 based youth development organizations that are

19 not affiliated with national youth development

20 organizations.

21 (C) SPECIAL RULE FOR LESS POPULATED

22 COUNTIES.—In the case of a county with a pop23 ulation of 100,000 or less, if the Chief Execu24 tive Officer of the county determines that, be25 cause of the absence of community-based youth
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1 development organizations, the county cannot

2 establish a Local Board meeting the require3 ments of subparagraph (A) or (B), representa4 tives of community-based youth-serving organi5 zations may be selected to serve on the Local

6 Board, and may participate on the Local

7 Board, on the same basis as representatives of

8 community-based youth development organiza9 tions.

10 (2) OTHER COMMUNITY REPRESENTATIVES.—

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

12 be representatives of the community, such as rep13 resentatives of youth-serving organizations, local

14 government, religious organizations, educational in15 stitutions, business, labor, private funding organiza16 tions, parents, or youth.

17 (d) SELECTION OF LOCAL BOARD MEMBERS.—

18 (1) REPRESENTATIVES OF YOUTH DEVELOP19 MENT ORGANIZATIONS.—Organizations described in

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

21 county shall select the members described in such

22 subsection. Organizations described in subsection

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

24 shall select the members described in such sub25 section. The Local Board shall include, in the appli-
28

•S 1746 IS

1 cation described in section 5(b)(5), a description of

2 the processes used by both such types of organiza3 tions to select members of the Local Board.

4 (2) OTHER COMMUNITY REPRESENTATIVES.—

5 Members described in subsection (c)(2) shall be ap6 pointed by the Chief Executive Officer of the county.

7 If any political subdivision of a State is located to8 tally or partially within the county, and the popu9 lation of the subdivision is more than 40 percent of

10 the total population of the county, the Chief Execu11 tive Officer of the subdivision and the Chief Execu12 tive Officer shall jointly appoint such members.

13 (3) AGE OF MEMBERS.—At least 2 of the mem14 bers of the Local Board shall be under the age of

15 20 at the time of such appointment.

16 (4) BACKGROUND OF MEMBERS.—The member17 ship of the Board shall reflect the racial, ethnic, and

18 gender composition of the county population.

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

20 Board shall adopt, and shall include in the applica21 tion described in section 5(b)(5), bylaws that include

22 provisions regarding the terms of office of members,

23 the election of officers, and the selection of members

24 to fill vacancies, of the Local Board.

25 (e) FISCAL AGENT.—
29

•S 1746 IS

1 (1) APPOINTMENT OF FISCAL AGENT.—The

2 Local Board shall appoint a fiscal agent for the

3 Board.

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

5 such duties as the Local Board may determine to be

6 appropriate.

7 (f) DUTIES OF LOCAL BOARD.—

8 (1) LOCAL STRATEGIC PLAN.—The Local

9 Board shall prepare and submit to the State Com10 mission for approval, as part of the application de11 scribed in section 5(b)(5), a local strategic plan for

12 youth development in the county involved, includ13 ing—

14 (A) the results of an assessment of local

15 needs and resources;

16 (B) specific process and outcome objectives

17 for youth development programs; and

18 (C) measures of program effectiveness that

19 shall be used to evaluate the progress of grant

20 recipients in achieving such objectives.

21 (2) MONITORING, EVALUATION, AND TECH22 NICAL ASSISTANCE.—The Local Board shall be re23 sponsible for establishing monitoring and evaluation

24 procedures, consistent with such requirements as

25 may be established by the Assistant Secretary, to as-
30

•S 1746 IS

1 sess the progress of grant recipients in achieving the

2 process and outcome objectives identified in the local

3 strategic plan. Such procedures shall utilize the

4 measures of program effectiveness described in para5 graph (1)(C) and the standards for effective prac6 tices described in section 8(c)(3)(C). Local Boards

7 shall also provide technical assistance to applicants

8 and grant recipients under subsection (g).

9 (3) APPEAL.—In the event that a State Com10 mission denies approval of the strategic plan of the

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

12 Board may, in accordance with regulations to be es13 tablished by the Assistant Secretary, appeal the

14 denial.

15 (g) GRANTS.—

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

17 award grants in accordance with this subsection

18 to—

19 (A) eligible community-based youth devel20 opment organizations; and

21 (B) eligible partnerships that—

22 (i) are comprised of youth-serving or23 ganizations and governmental entities; and

24 (ii) conduct youth development pro25 grams,
31

•S 1746 IS

1 to pay for the Federal share of carrying out

2 youth development programs addressing one or

3 more of the process objectives, and one or more

4 of the outcome objectives, established in the

5 local strategic plan described in subsection

6 (f)(1).

7 (2) REQUEST FOR PROPOSALS.—The Local

8 Board shall issue a request for proposals, which

9 shall invite the organizations and partnerships de10 scribed in paragraph (1) to apply for a grant under

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

12 and outcome objectives to be addressed by the Local

13 Board.

14 (3) ELIGIBLE APPLICANTS.—

15 (A) AWARD OF GRANTS.—In awarding

16 grants under paragraph (1), the Local Board

17 shall—

18 (i) award at least 85 percent of the

19 funds made available through such grants

20 to community-based youth development or21 ganizations certified under subparagraph

22 (B); and

23 (ii) take into account the extent to

24 which the program meets the effective
32

•S 1746 IS

1 practice standards described in section

2 8(c)(3)(C).

3 (B) CERTIFICATION.—

4 (i) PROCEDURE.—The Local Board

5 shall establish a procedure, in accordance

6 with regulations to be issued by the Assist7 ant Secretary, for certifying organizations

8 as community-based youth development or9 ganizations.

10 (ii) APPEAL.—The Assistant Sec11 retary shall issue regulations that specify a

12 process by which an organization may ap13 peal a denial of such certification.

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

15 receive a grant under this subsection, an organiza16 tion or partnership described in paragraph (1) shall

17 submit an application to the Local Board at such

18 time, in such manner, and containing such informa19 tion as the Local Board reasonably may require, in20 cluding, at a minimum, the following information:

21 (A) In the case of an organization, a state22 ment regarding whether the organization is a

23 community-based youth development organiza24 tion, and, if the organization seeks certification
33

•S 1746 IS

1 as such an organization, sufficient information

2 to substantiate the statement.

3 (B) The manner in which the program will

4 address the process and outcome objectives

5 identified in the local strategic plan described in

6 subsection (f)(1).

7 (C) The extent to which the program uti8 lizes the effective practice standards established

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

10 (D) A proposed budget for the program.

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

12 award a grant to an organization or partnership

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

14 The Local Board may terminate the funding made

15 available through such grant during such period if

16 the program fails to comply with the requirements of

17 this Act, or if insufficient Federal funds are appro18 priated under section 5(a) to permit the continu19 ation of funding for the full grant period of all such

20 grants awarded by the Local Board.

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

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

23 the initial grant period, in determining whether to

24 renew a grant to a Local Board to carry out activi25 ties, the Local Board shall give substantial weight to
34

•S 1746 IS

1 the effectiveness of the activities in achieving process

2 and outcome objectives specified in a local strategic

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

4 (7) FEDERAL SHARE REQUIREMENT.—

5 (A) FEDERAL SHARE.—The Federal share

6 of the cost of carrying out a youth development

7 program described in paragraph (1) shall be—

8 (i) 80 percent for the first year for

9 which the program receives funding under

10 this subsection;

11 (ii) 65 percent for the second such

12 year;

13 (iii) 50 percent for the third such

14 year; and

15 (iv) 30 percent for the fourth such

16 year and any subsequent year.

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

18 for the remaining share of the cost of carrying

19 out such a program, each recipient of assistance

20 under this subsection—

21 (i) shall provide for such share

22 through private sources;

23 (ii) may provide for such share

24 through a payment in cash; and
35

•S 1746 IS

1 (iii) may provide for not more than 25

2 percent of such share through a payment

3 in kind, fairly evaluated, including facili4 ties, equipment, or services.

5 (h) ANNUAL REPORTS TO LOCAL BOARD.—Each or6 ganization or partnership receiving a grant under sub7 section (g) to carry out a program shall, not later than

8 45 days after the end of each fiscal year of the Local

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

10 report on the program during the fiscal year, in such man11 ner and containing such information as the Assistant Sec12 retary may reasonably require to determine compliance

13 with this Act.

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

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

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

17 to the State Commission an annual report in such manner

18 and containing such information as the Assistant Sec19 retary may reasonably require to determine compliance

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

21 information on the programs and activities funded by the

22 Local Board during the fiscal year under this section and

23 the extent to which the programs achieved the process and

24 outcome objectives specified in the local strategic plan

25 under subsection (f).
36

•S 1746 IS

1 (j) PLANNING, ADMINISTRATION, COORDINATION,

2 EVALUATION, AND FISCAL AGENT EXPENSES.—In addi3 tion to any initial planning funds provided under section

4 5(b)(5)(A), the Local Board may use up to 5 percent of

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

6 administration, coordination, and evaluation expenses, and

7 expenses of the fiscal agent of the Local Board. Each or8 ganization or partnership that receives a grant under sub9 section (g) may use up to 10 percent of the funds received

10 under the grant for planning, administration, and coordi11 nation, and may use up to an additional 5 percent of such

12 funds for evaluation expenses.

13 SEC. 7. STATE YOUTH DEVELOPMENT COMMISSION.

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

15 entities within a State to be eligible to receive assistance

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

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

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

19 Development Commission.

20 (b) SIZE, COMPOSITION, AND APPOINTMENT OF

21 COMMISSION.—

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

23 the State shall determine the total number of mem24 bers on the Commission.
37

•S 1746 IS

1 (2) APPOINTMENT BY THE GOVERNOR.—The

2 members of the Commission shall be appointed by

3 the Governor.

4 (3) COMPOSITION OF COMMISSION.—

5 (A) REPRESENTATIVES OF NATIONALLY

6 AFFILIATED YOUTH DEVELOPMENT ORGANIZA7 TIONS.—One-third of the members of the State

8 Commission shall be representatives described

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

10 (B) REPRESENTATIVES OF

11 NONAFFILIATED YOUTH DEVELOPMENT ORGA12 NIZATIONS.—One-third of the members of the

13 State Commission shall be representatives de14 scribed in section 6(c)(1)(B).

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

16 members of the State Commission shall be rep17 resentatives of State governments or represent18 atives described in section 6(c)(2).

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

20 members appointed to the Commission shall be

21 under the age of 20 at the time of such ap22 pointment.

23 (E) BACKGROUND OF MEMBERS.—The

24 Governor shall ensure that the membership of

25 the State Commission fairly represents urban
38

•S 1746 IS

1 and rural populations and reflects the racial,

2 ethnic, and gender composition of the State

3 population.

4 (F) LOCAL BOARD REPRESENTATION.—At

5 least 2 of the members appointed to the Com6 mission shall be members of different Local

7 Boards in the State at the time of their

8 appointment.

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

10 Commission shall adopt, and shall include in the ap11 plication described in section 5(b)(3), bylaws that in12 clude provisions regarding the terms of office of

13 members, the election of officers, and the selection

14 of members to fill vacancies, of the State Commis15 sion.

16 (c) DUTIES OF STATE COMMISSION.—

17 (1) REVIEW OF COMMUNITY YOUTH DEVELOP18 MENT PLANS.—In accordance with regulations is19 sued by the Assistant Secretary, within 30 days of

20 the submission by a Local Board of an application

21 under section 5(b)(5), the State Commission shall ei22 ther approve the application and distribute to the

23 Local Board its local allocation under section 5, or

24 notify the Local Board of the additional steps that
39

•S 1746 IS

1 the Local Board shall take to bring the plan into

2 compliance with this Act.

3 (2) MONITORING OPERATIONS OF LOCAL

4 BOARDS.—The Commission shall have primary re5 sponsibility for ensuring that the Local Boards oper6 ate in compliance with this Act.

7 (3) TECHNICAL ASSISTANCE TO LOCAL

8 BOARDS.—The State Commission shall provide tech9 nical assistance related to the development and im10 plementation of local strategic plans described in

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

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

13 (4) GOALS AND STRATEGIC PLAN FOR YOUTH

14 DEVELOPMENT.—

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

16 of local strategic plans submitted by Local

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

18 State Commission and the Governor shall de19 velop policy goals for the State, based on the

20 process and outcome objectives in such strategic

21 plans.

22 (B) STATE STRATEGIC PLAN.—Based on

23 the State policy goals, the Commission and the

24 Governor shall develop a State strategic plan

25 for youth development, including specific State
40

•S 1746 IS

1 process and outcome objectives, designed to

2 achieve the State policy goals.

3 (5) ANNUAL REPORT.—Each State Commission

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

5 fiscal year of the State Commission, prepare and

6 submit to the Assistant Secretary and the National

7 Commission an annual report, in such manner and

8 containing such information as the Assistant Sec9 retary may reasonably require to determine compli10 ance with this Act. Such report shall contain, at a

11 minimum, information on the programs and activi12 ties funded in the State during the fiscal year under

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

14 in the State achieved the process and outcome objec15 tives specified in the local strategic plan described in

16 section 6(f)(1).

17 (d) RELATIONSHIP TO INDEPENDENT STATE BODY

18 ESTABLISHED UNDER THE CLAUDE PEPPER YOUNG

19 AMERICANS ACT OF 1990.—To provide improved coordi20 nation of public and private services for youth and their

21 families, the State Commission shall—

22 (1) consult with the Independent State Body

23 established under section 930 of the Claude Pepper

24 Young Americans Act of 1990 (42 U.S.C. 12336) in
41

•S 1746 IS

1 the development of the State strategic plan under

2 subsection (c)(4);

3 (2) consult with the Independent State Body in

4 developing and implementing strategies for improved

5 coordination between activities funded under this

6 Act and other public and private services for youth

7 and their families; and

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

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

10 Body, concurrently with the submission of the report

11 to the Assistant Secretary and the National Com12 mission.

13 (e) COORDINATION WITH INDEPENDENT STATE

14 BODY ESTABLISHED UNDER THE CLAUDE PEPPER

15 YOUNG AMERICANS ACT OF 1990.—In addition to the an16 nual report required under subsection (c)(5), the State

17 Commission shall provide information obtained from the

18 annual reports submitted by the Local Boards under sec19 tion 6(i) to the Independent State Body under subsection

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

21 participants in programs in the State that are funded

22 under this Act, specified by age, gender, economic back23 ground, race, ethnicity, and disability.
42

•S 1746 IS

1 SEC. 8. NATIONAL YOUTH DEVELOPMENT COMMISSION.

2 (a) ESTABLISHMENT OF NATIONAL YOUTH DEVEL3 OPMENT COMMISSION.—There is established a National

4 Youth Development Commission that shall advise the As5 sistant Secretary on the implementation of this Act.

6 (b) ESTABLISHMENT, SIZE, COMPOSITION, AND AP7 POINTMENT OF NATIONAL COMMISSION.—

8 (1) ESTABLISHMENT; NUMBER OF MEMBERS.—

9 The National Youth Development Commission shall

10 be composed of 21 voting members, and such ex

11 officio nonvoting members as the President may de12 termine to be appropriate.

13 (2) APPOINTMENT OF NATIONAL COMMIS14 SION.—

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

16 the National Commission shall be appointed by

17 the President, by and with the advice and con18 sent of the Senate.

19 (B) NOMINATIONS FROM HOUSE OF REP20 RESENTATIVES.—Seven voting members of the

21 National Commission shall be appointed from

22 among individuals nominated by the Speaker

23 and Minority Leader of the House of Rep24 resentatives.

25 (C) NOMINATIONS FROM SENATE.—Seven

26 voting members of the National Commission
43

•S 1746 IS

1 shall be appointed from among individuals nom2 inated by the Majority Leader and Minority

3 Leader of the Senate.

4 (D) TIMING.—The President shall appoint

5 the initial voting members of the Commission

6 within 90 days after the date of enactment of

7 this Act.

8 (3) COMPOSITION OF NATIONAL COMMISSION.—

9 (A) REPRESENTATIVES OF NATIONALLY

10 AFFILIATED YOUTH DEVELOPMENT ORGANIZA11 TIONS.—Seven of the voting members of the

12 National Commission shall be representatives of

13 national youth development organizations, or of

14 the affiliates of such organizations.

15 (B) REPRESENTATIVES OF NONAFFILI16 ATED YOUTH DEVELOPMENT ORGANIZA17 TIONS.—Seven of the voting members of the

18 National Commission shall be representatives

19 described in section 6(c)(1)(B).

20 (C) OTHER MEMBERS.—Seven of the vot21 ing members of the National Commission shall

22 be appointed from among representatives de23 scribed in section 7(b)(3)(C).

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

25 voting members appointed to the National Com-
44

•S 1746 IS

1 mission shall be under the age of 20 at the time

2 of such appointment.

3 (E) BACKGROUND OF MEMBERS.—The

4 President shall ensure that the voting member5 ship of the National Commission fairly rep6 resents urban and rural populations and re7 flects the racial, ethnic, and gender composition

8 of the population of the United States.

9 (4) TERM OF OFFICE.—

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

11 the Commission shall serve for a term of 3

12 years, except that one-third of the members

13 first appointed to the Commission after the

14 date of enactment of this section shall serve for

15 a term of 1 year, and one-third of such mem16 bers shall serve for a term of 2 years, as des17 ignated by the President. The members des18 ignated to serve a term of 1 year, and the mem19 bers designated to serve a term of 2 years, shall

20 include a fair distribution of members from the

21 3 categories of members described in subpara22 graphs (A), (B), and (C) of paragraph (3), and

23 a fair distribution of members appointed as pro24 vided in paragraph (2)(B), of members ap-
45

•S 1746 IS

1 pointed as provided in paragraph (2)(C), and of

2 other members.

3 (B) REAPPOINTMENT.—Members of the

4 National Commission may not serve more than

5 2 consecutive terms.

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

7 Commission shall be filled in the same manner as

8 the original appointment. In filling such a vacancy,

9 the President shall ensure that the National Com10 mission meets the requirements of paragraph (3).

11 Any member appointed to fill such a vacancy shall

12 serve for the remainder of the term for which the

13 predecessor of the member was appointed or elected.

14 (6) CHAIRPERSON AND VICE CHAIRPERSON.—

15 The National Commission shall elect a Chairperson

16 and Vice Chairperson from among its members.

17 (7) OTHER OFFICERS.—The Commission may

18 elect from among its membership such additional of19 ficers for the Commission as the Commission deter20 mines to be appropriate.

21 (8) MEETINGS.—The Commission shall meet

22 not less often than 2 times each year. The Commis23 sion shall hold additional meetings if 15 members of

24 the Commission request such meetings in writing. A
46

•S 1746 IS

1 majority of the appointed members of the Commis2 sion shall constitute a quorum.

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

4 or regular places of business on the business of the

5 Commission, members of such Commission may be

6 allowed travel expenses, including per diem in lieu of

7 subsistence, at rates authorized for employees of

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

9 United States Code, for persons employed intermit10 tently in the Government service.

11 (10) SPECIAL GOVERNMENT EMPLOYEES.—For

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

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

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

15 whom such provisions would not otherwise apply ex16 cept for this subsection) shall be a special Govern17 ment employee.

18 (11) STATUS OF MEMBERS.—

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

20 the tort claims provisions of chapter 171 of title

21 28, United States Code, a member of the Com22 mission shall be considered to be a Federal

23 employee.

24 (B) OTHER CLAIMS.—A member of the

25 Commission has no personal liability under
47

•S 1746 IS

1 Federal law with respect to any claim arising

2 out of or resulting from any act or omission by

3 such person, within the scope of the service of

4 the member on the Commission, in connection

5 with any transaction involving the provision of

6 financial assistance by the Commission or the

7 Administration for Children and Families. This

8 paragraph shall not be construed to limit per9 sonal liability for criminal acts or omissions,

10 willful or malicious misconduct, acts or omis11 sions for private gain, or any other act or omis12 sion outside the scope of the service of such

13 member on the Commission.

14 (C) EFFECT ON OTHER LAW.—This sub15 section shall not be construed—

16 (i) to affect any other immunities and

17 protections that may be available to such

18 member under applicable law with respect

19 to such transactions; or

20 (ii) to affect any other right or rem21 edy against the United States under appli22 cable law, or against any person.

23 (12) ADMINISTRATION.—The Federal Advisory

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

25 respect to the National Commission.
48

•S 1746 IS

1 (c) DUTIES OF NATIONAL COMMISSION AND ASSIST2 ANT SECRETARY.—

3 (1) DUTIES OF NATIONAL COMMISSION.—The

4 National Commission shall—

5 (A) review and approve the proposal de6 scribed in paragraph (2)(A)(i), regarding the

7 goals and strategic plan referred to in such

8 paragraph;

9 (B) review and approve the proposal de10 scribed in paragraph (2)(B)(i), regarding the

11 grants, contracts, allocations, reallocations, and

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

13 (C) review and approve the proposal de14 scribed in paragraph (2)(C)(i), regarding the

15 regulations, standards, policies, and procedures,

16 described in such paragraph;

17 (D) review and approve the proposed plan

18 for evaluation and monitoring referred to in

19 paragraph (2)(D)(i);

20 (E) review and approve the proposed re21 port referred to in paragraph (2)(E)(i);

22 (F) review, and advise the Assistant Sec23 retary regarding, such standards, policies, pro24 cedures, programs, and initiatives as are nec25 essary or appropriate to carry out this Act;
49

•S 1746 IS

1 (G) inform the Assistant Secretary of any

2 aspects of the actions of the Assistant Secretary

3 that are not in compliance with the goals and

4 strategic plan approved under subparagraph

5 (A), the proposals approved under subpara6 graphs (B) and (C), the plan approved under

7 subparagraph (D), and the report approved

8 under subparagraph (E);

9 (H) advise the President and the Congress

10 concerning developments relating to youth de11 velopment that merit the attention of the Presi12 dent and the Congress;

13 (I) ensure the effective dissemination of in14 formation and facilitation of the transfer of

15 technology on youth development issues, includ16 ing program information, sources of funding,

17 and methods of evaluation;

18 (J) provide (directly or by contract) train19 ing and technical assistance to State Commis20 sions and Local Boards; and

21 (K) carry out any other activities deter22 mined to be appropriate by the Assistant Sec23 retary.

24 (2) GENERAL DUTIES OF ASSISTANT SEC25 RETARY.—The Assistant Secretary shall—
50

•S 1746 IS

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

2 Commission a proposal regarding the goals and

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

4 and

5 (ii) after receiving and reviewing approved

6 goals and an approved strategic plan under

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

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

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

10 Commission a proposal regarding such grants,

11 contracts, allocations, and reallocations, as are

12 necessary or appropriate to carry out this Act;

13 and

14 (ii) after receiving and reviewing an ap15 proved proposal under paragraph (1)(B), make

16 such grants, contracts, allocations, and

17 reallocations, and make such payments (in lump

18 sum or installments, and in advance or by way

19 of reimbursement, and in the case of financial

20 assistance otherwise authorized under this Act,

21 with necessary adjustments on account of over22 payments and underpayments);

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

24 Commission a proposal regarding the regula25 tions described in paragraph (3)(B), and such
51

•S 1746 IS

1 other standards, policies, and procedures, as are

2 necessary or appropriate to carry out this Act;

3 and

4 (ii) after receiving and reviewing an ap5 proved proposal under paragraph (1)(C)—

6 (I) establish such regulations, stand7 ards, policies, and procedures as are nec8 essary or appropriate to carry out this Act;

9 and

10 (II) establish and administer such

11 programs and initiatives as are necessary

12 or appropriate to carry out this Act;

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

14 Commission a proposed plan for the evaluation

15 and monitoring of activities under this Act, in

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

17 (ii) after receiving an approved plan under

18 paragraph (1)(D) establish the system de19 scribed in paragraph (3)(D);

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

21 Commission a proposed report described in

22 paragraph (3)(F); and

23 (ii) after receiving an approved report

24 under paragraph (1)(E), submit the report de25 scribed in paragraph (3)(F);
52

•S 1746 IS

1 (F) prepare and submit to the National

2 Commission an annual report, and such interim

3 reports as may be necessary, describing the

4 major actions of the Assistant Secretary with

5 respect to the personnel that carry out this Act,

6 and with respect to the standards, policies, pro7 cedures, programs, and initiatives implemented

8 to carry out this Act;

9 (G) inform the National Commission of,

10 and provide an explanation to the National

11 Commission regarding, any substantial dif12 ferences regarding the implementation of this

13 Act between—

14 (i) the actions of the Assistant Sec15 retary; and

16 (ii)(I) the goals and strategic plan ap17 proved by the National Commission under

18 paragraph (1)(A);

19 (II) the proposals approved by the

20 National Commission under subparagraph

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

22 (III) the evaluation and monitoring

23 plan approved by the National Commission

24 under paragraph (1)(D); or
53

•S 1746 IS

1 (IV) the report approved by the Na2 tional Commission under paragraph

3 (1)(E); and

4 (H) consult with appropriate Federal agen5 cies in administering the programs and initia6 tives carried out under this Act.

7 (3) SPECIFIC DUTIES OF THE ASSISTANT SEC8 RETARY.—

9 (A) NATIONAL POLICY GOALS AND STRA10 TEGIC PLAN.—

11 (i) NATIONAL POLICY GOALS.—After

12 a review of State strategic plans developed

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

14 Local Boards, the Assistant Secretary shall

15 develop and issue national policy goals that

16 are based on the process and outcome ob17 jectives specified in such plans.

18 (ii) NATIONAL STRATEGIC PLAN FOR

19 YOUTH DEVELOPMENT.—Based on the na20 tional policy goals, the Assistant Secretary

21 shall develop a national strategic plan for

22 youth development, including specific proc23 ess and outcome objectives, designed to

24 achieve the national policy goals.
54

•S 1746 IS

1 (B) REGULATIONS.—The Assistant Sec2 retary shall issue all regulations necessary for

3 the administration of this Act, including—

4 (i) regulations (regarding funding for5 mulas) described in paragraphs (2) and (4)

6 of section 5(b);

7 (ii) regulations (regarding appeals of

8 denials of local strategic plans) under sec9 tion 6(f)(3);

10 (iii) regulations (regarding certifi11 cation, and appeals of denials of certifi12 cation, of organizations as community13 based youth development organizations)

14 under section 6(g)(3);

15 (iv) regulations (regarding review of

16 the applications of Local Boards by State

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

18 (v) effective practice standards de19 scribed in subparagraph (C);

20 (vi) regulations that specify a process

21 for certifying that an organization qualifies

22 as a national youth development organiza23 tion; and

24 (vii) interim final regulations govern25 ing the first fiscal year of operation under
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1 this Act, which shall be issued within 120

2 days after the appointment of the National

3 Commission.

4 (C) EFFECTIVE PRACTICE STANDARDS.—

5 The Assistant Secretary shall develop and issue

6 standards that specify effective practices for

7 conducting community-based youth development

8 programs, and such specified practices shall in9 clude—

10 (i) addressing one or more of the

11 process objectives, and one or more of the

12 outcome objectives, identified in the local

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

14 (ii) incorporating components that

15 promote the competencies described in sec16 tion 4(15)(A) in youth;

17 (iii) recognizing the primary role of

18 the family in positive youth development

19 and seeking to strengthen families;

20 (iv) promoting the involvement of

21 youth, parents, and other community mem22 bers in the planning and implementation of

23 the program;

24 (v) coordinating services with other

25 youth and family services in the commu-
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1 nity, and helping participants access the

2 services;

3 (vi) exposing youth to a variety of

4 adult role models and mentors;

5 (vii) encouraging youth leadership and

6 civic involvement;

7 (viii) seeking to establish a long-term

8 relationship with participating youth;

9 (ix) employing strong outreach efforts

10 to low-income youth and their families;

11 (x) providing age-appropriate pro12 grams;

13 (xi) providing programs that—

14 (I) are open to all youth regard15 less of such factors as race, color, reli16 gion, sex, national origin, disability, or

17 social or economic background; or

18 (II) target a population related

19 on the basis of one or more of such

20 factors, if such targeting is designed

21 to meet the special needs of such pop22 ulation; and

23 (xii) using not less than 5 percent and

24 not more than 10 percent of funds made

25 available through the grant to provide
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1 preservice and inservice training and edu2 cational materials and services for program

3 staff.

4 (D) MONITORING AND EVALUATION.—The

5 Assistant Secretary shall develop and establish

6 a system for monitoring and evaluating the ef7 fectiveness of activities funded under this Act.

8 The system shall utilize the standards for effec9 tive practices issued under subparagraph (C).

10 (E) COORDINATION.—The Assistant Sec11 retary shall consult with appropriate Federal

12 agencies to ensure effective coordination of pro13 grams funded under this Act with other Federal

14 programs serving youth and families.

15 (F) REPORT.—Every 2 years, the Assist16 ant Secretary shall submit to the President and

17 the Congress a report describing the activities

18 funded under this Act, and an assessment of

19 the effectiveness of the activities in meeting the

20 process and outcome objectives described in

21 subparagraph (A)(ii).

22 (d) RELATIONSHIP TO FEDERAL COUNCIL ON CHIL23 DREN, YOUTH, AND FAMILIES.—To provide improved co24 ordination of public and private services for youth and

25 their families, the National Commission shall—
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1 (1) consult with the Federal Council on Chil2 dren, Youth, and Families established under section

3 918 of the Claude Pepper Young Americans Act of

4 1990 (42 U.S.C. 12314), in developing and imple5 menting strategies for improved coordination be6 tween activities funded under this Act and other

7 public and private services for youth and their fami8 lies; and

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

10 subsection (c)(3)(F) to the Federal Council on Chil11 dren, Youth, and Families, concurrently with the

12 submission of the report to the President and the

13 Congress.

14 (e) STAFF AND CONSULTANTS.—

15 (1) STAFF.—

16 (A) IN GENERAL.—The National Commis17 sion may, without regard to the civil service

18 laws and regulations, appoint and terminate an

19 executive director and such other additional

20 personnel as may be necessary to enable the

21 Commission to perform its duties.

22 (B) COMPENSATION.—The National Com23 mission may fix the compensation of the execu24 tive director and other personnel without regard

25 to the provisions of chapter 51 and subchapter
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1 III of chapter 53 of title 5, United States Code,

2 relating to classification of positions and Gen3 eral Schedule pay rates, except that the rate of

4 pay for the executive director and other person5 nel may not exceed the rate payable for level V

6 of the Executive Schedule under section 5316

7 of such title.

8 (2) CONSULTANTS.—The executive director

9 may procure the temporary and intermittent services

10 of experts and consultants and compensate the ex11 perts and consultants in accordance with section

12 3109(b) of title 5, United States Code, at rates for

13 individuals that do not exceed the daily equivalent of

14 the annual rate of basic pay prescribed for level IV

15 of the Executive Schedule under section 5315 of

16 such title.

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

18 Federal department or agency may detail on a reim19 bursable basis, or on a nonreimbursable basis for not

20 to exceed 180 calendar days during any fiscal year,

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

22 Federal agency, any of the personnel of that depart23 ment or agency to the National Commission to assist

24 the Commission in carrying out the duties of the

25 Commission under this Act. Any detail shall not in-
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1 terrupt or otherwise affect the civil service status or

2 privileges of the Federal employee.

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