42 U.S.C. § 9923 — National or regional programs designed to

Page 7965 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9923 1 See References in Text note below. (B) Competitive grants From a portion equal to 40 percent of such amount (but not to exceed $2,400,000), the Secretary shall make grants on a competi- tive basis to eligible agencies for local and statewide programs. (2) Greater available appropriations Any amounts appropriated for a fiscal year to carry out this section in excess of $6,000,000 shall be allotted as follows: (A) Allotments The Secretary shall use 40 percent of such excess to allot for grants under subsection (a) to eligible agencies for statewide pro- grams in each State an amount that bears the same ratio to 40 percent of such excess as the low-income and unemployed popu- lation of such State bears to the low-income and unemployed population of all the States. (B) Competitive grants for local and state- wide programs The Secretary shall use 40 percent of such excess to make grants under subsection (a) on a competitive basis to eligible agencies for local and statewide programs. (C) Competitive grants for nationwide pro- grams The Secretary shall use the remaining 20 percent of such excess to make grants under subsection (a) on a competitive basis to eli- gible agencies for nationwide programs, in- cluding programs benefiting Indians, as de- fined in section 9911 of this title, and mi- grant or seasonal farmworkers. (3) Eligibility for allotments for statewide pro- grams To be eligible to receive an allotment under paragraph (1)(A) or (2)(A), an eligible agency shall demonstrate that the proposed program is statewide in scope and represents a com- prehensive and coordinated effort to alleviate hunger within the State. (4) Minimum allotments for statewide pro- grams (A) In general From the amounts allotted under para- graphs (1)(A) and (2)(A), the minimum total allotment for each State for each fiscal year shall be— (i) $15,000 if the total amount appro- priated to carry out this section is not less than $7,000,000 but less than $10,000,000; (ii) $20,000 if the total amount appro- priated to carry out this section is not less than $10,000,000 but less than $15,000,000; or (iii) $30,000 if the total amount appro- priated to carry out this section is not less than $15,000,000. (B) Definition In this paragraph, the term ‘‘State’’ does not include Guam, American Samoa, the United States Virgin Islands, and the Com- monwealth of the Northern Mariana Islands. (5) Maximum grants From funds made available under para- graphs (1)(B) and (2)(B) for any fiscal year, the Secretary may not make grants under sub- section (a) to an eligible agency in an aggre- gate amount exceeding $50,000. From funds made available under paragraph (2)(C) for any fiscal year, the Secretary may not make grants under subsection (a) to an eligible agency in an aggregate amount exceeding $300,000. (c) Report For each fiscal year, the Secretary shall pre- pare and submit, to the Committee on Edu- cation and the Workforce of the House of Rep- resentatives and the Committee on Labor and Human Resources of the Senate, a report con- cerning the grants made under this section. Such report shall include— (1) a list of grant recipients; (2) information on the amount of funding awarded to each grant recipient; and (3) a summary of the activities performed by the grant recipients with funding awarded under this section and a description of the manner in which such activities meet the ob- jectives described in subsection (a). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for each of fiscal years 1999 through 2003. (Pub. L. 97–35, title VI, § 681, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2752.) Editorial Notes PRIOR PROVISIONS A prior section 681 of Pub. L. 97–35 was classified to section 9910 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 9923. National or regional programs designed to provide instructional activities for low-in- come youth (a) General authority The Secretary is authorized to make a grant to an eligible service provider to administer na- tional or regional programs to provide instruc- tional activities for low-income youth. In mak- ing such a grant, the Secretary shall give pri- ority to eligible service providers that have a demonstrated ability to operate such a program. (b) Program requirements Any instructional activity carried out by an eligible service provider receiving a grant under this section shall be carried out on the campus of an institution of higher education (as defined in section 1141(a) 1 of title 20) and shall include— (1) access to the facilities and resources of such an institution; (2) an initial medical examination and fol- low-up referral or treatment, without charge, Page 7966 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9924 for youth during their participation in such activity; (3) at least one nutritious meal daily, with- out charge, for participating youth during each day of participation; (4) high quality instruction in a variety of sports (that shall include swimming and that may include dance and any other high quality recreational activity) provided by coaches and teachers from institutions of higher education and from elementary and secondary schools (as defined in section 7801 of title 20); and (5) enrichment instruction and information on matters relating to the well-being of youth, to include educational opportunities and infor- mation on study practices, education for the prevention of drug and alcohol abuse, and in- formation on health and nutrition, career op- portunities, and family and job responsibil- ities. (c) Advisory committee; partnerships The eligible service provider shall, in each community in which a program is funded under this section— (1) ensure that— (A) a community-based advisory com- mittee is established, with representatives from local youth, family, and social service organizations, schools, entities providing park and recreation services, and other com- munity-based organizations serving high- risk youth; or (B) an existing community-based advisory board, commission, or committee with simi- lar membership is utilized to serve as the committee described in subparagraph (A); and (2) enter into formal partnerships with youth-serving organizations or other appro- priate social service entities in order to link program participants with year-round services in their home communities that support and continue the objectives of this chapter. (d) Eligible providers A service provider that is a national private, nonprofit organization, a coalition of such orga- nizations, or a private, nonprofit organization applying jointly with a business concern shall be eligible to apply for a grant under this section if— (1) the applicant has demonstrated experi- ence in operating a program providing instruc- tion to low-income youth; (2) the applicant agrees to contribute an amount (in cash or in kind, fairly evaluated) of not less than 25 percent of the amount re- quested, for the program funded through the grant; (3) the applicant agrees to use no funds from a grant authorized under this section for ad- ministrative expenses; and (4) the applicant agrees to comply with the regulations or program guidelines promul- gated by the Secretary for use of funds made available through the grant. (e) Application process To be eligible to receive a grant under this section, a service provider shall submit to the Secretary, for approval, an application at such time, in such manner, and containing such in- formation as the Secretary may require. (f) Promulgation of regulations or program guidelines The Secretary shall promulgate regulations or program guidelines to ensure funds made avail- able through a grant made under this section are used in accordance with the objectives of this chapter. (g) Authorization of appropriations There are authorized to be appropriated $15,000,000 for each of fiscal years 1999 through 2003 for grants to carry out this section. (Pub. L. 97–35, title VI, § 682, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2753; amended Pub. L. 107–110, title X, § 1076(ee), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 114–95, title IX, § 9215(t), Dec. 10, 2015, 129 Stat. 2171.) Editorial Notes REFERENCES IN TEXT Section 1141(a) of title 20, referred to in subsec. (b), was repealed by Pub. L. 105–244, § 3, title I, § 101(b), title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. However, the term ‘‘institution of higher education’’ is defined in section 1001 of Title 20, Edu- cation. PRIOR PROVISIONS A prior section 682 of Pub. L. 97–35 was classified to section 9910c of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. Another prior section 682 of Pub. L. 97–35 was renum- bered section 683 and was classified to section 9911 of this title, prior to the general amendment of this chap- ter by Pub. L. 105–285. Another prior section 682 of Pub. L. 97–35 was classi- fied to section 9911 of this title, prior to repeal by Pub. L. 101–501. AMENDMENTS 2015—Subsec. (b)(4). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2002—Subsec. (b)(4). Pub. L. 107–110 substituted ‘‘7801’’ for ‘‘8801’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. § 9924. References Any reference in any provision of law to the poverty line set forth in section 624 or 625 of the Economic Opportunity Act of 1964 shall be con- strued to be a reference to the poverty line de- fined in section 9902 of this title. Except as oth- erwise provided, any reference in any provision of law to any community action agency des-