42 U.S.C. § 629i
The purposes of this section are to authorize the Secretary-
In this section:
The term "children of prisoners" means children one or both of whose parents are incarcerated in a Federal, State, or local correctional facility. The term is deemed to include children who are in an ongoing mentoring relationship in a program under this section at the time of their parents' release from prison, for purposes of continued participation in the program.
The term "mentoring" means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one-on-one relationships, involving meetings and activities on a regular basis, intended to meet, in part, the child's need for involvement with a caring and supportive adult who provides a positive role model.
The term "mentoring services" means those services and activities that support a structured, managed program of mentoring, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.
From the amounts appropriated under subsection (i) for a fiscal year that remain after applying subsection (i)(2), the Secretary shall make grants under this section for each of fiscal years 2007 through 2011 to State or local governments, tribal governments or tribal consortia, faith-based organizations, and community-based organizations in areas that have significant numbers of children of prisoners and that submit applications meeting the requirements of this section, in amounts that do not exceed $5,000,000 per grant.
In order to be eligible for a grant under this section, the chief executive officer of the applicant must submit to the Secretary an application containing the following:
A description of the proposed program, including-
A demonstration that, in developing and implementing the program, the applicant will, to the extent feasible and appropriate-
An assurance that public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis.
An agreement that the applicant will maintain such records, make such reports, and cooperate with such reviews or audits as the Secretary may find necessary for purposes of oversight of project activities and expenditures.
An agreement that the applicant will cooperate fully with the Secretary's ongoing and final evaluation of the program under the plan, by means including providing the Secretary access to the program and program-related records and documents, staff, and grantees receiving funding under the plan.
A grant for a program under this section shall be available to pay a percentage share of the costs of the program up to-
The non-Federal share of the cost of projects under this section may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
In awarding grants under this section, the Secretary shall take into consideration-
The Secretary shall enter into a cooperative agreement with an eligible entity that meets the requirements of paragraph (2) for the purpose of requiring the entity to conduct a demonstration project consistent with this subsection under which the entity shall-
Subject to subparagraph (B), an eligible entity under this subsection is an organization that the Secretary determines, on a competitive basis-
An organization that provides mentoring services may not be an eligible entity for purposes of being awarded a cooperative agreement under this subsection.
To be eligible to be awarded a cooperative agreement under this subsection, an entity shall submit to the Secretary an application that includes the following:
Evidence that the entity-
Subject to clause (iii), a description of the plan of the entity to ensure the distribution of not less than-
A description of how the plan will ensure the delivery of mentoring services to children identified in accordance with the requirements of paragraph (1)(A).
The Secretary may modify the number of vouchers specified in subclauses (I) through (III) of clause (i) to take into account the availability of appropriations and the need to ensure that the vouchers distributed by the entity are for amounts that are adequate to ensure the provision of mentoring services for a 12-month period.
A description of how the entity will ensure collaboration and cooperation with other interested parties, including courts and prisons, with respect to the delivery of mentoring services under the demonstration project.
Any other information that the Secretary may find necessary to demonstrate the capacity of the entity to satisfy the requirements of this subsection.
A cooperative agreement awarded under this subsection shall require the eligible entity to do the following:
To work with the Secretary to identify the quality standards that a provider of mentoring services must meet in order to participate in the demonstration project and which, at a minimum, shall include criminal records checks for individuals who are prospective mentors and shall prohibit approving any individual to be a mentor if the criminal records check of the individual reveals a conviction which would prevent the individual from being approved as a foster or adoptive parent under section 671(a)(20)(A) of this title.
To identify and compile a list of those providers of mentoring services in any of the 50 States or the District of Columbia that meet the quality standards identified pursuant to subparagraph (A).
To identify children of prisoners who require mentoring services, consistent with the priorities specified in paragraph (1)(A).
To satisfy specific requirements of the Secretary for monitoring and overseeing the delivery of mentoring services under the demonstration project, which shall include a requirement to ensure that providers of mentoring services under the project report data on the children served and the types of mentoring services provided.
To maintain any records, make any reports, and cooperate with any reviews and audits that the Secretary determines are necessary to oversee the activities of the entity in carrying out the demonstration project under this subsection.
To cooperate fully with any evaluations of the demonstration project, including collecting and monitoring data and providing the Secretary or the Secretary's designee with access to records and staff related to the conduct of the project.
To ensure that administrative expenditures incurred by the entity in conducting the demonstration project with respect to a fiscal year do not exceed the amount equal to 10 percent of the amount awarded to carry out the project for that year.
A voucher for mentoring services provided to the family of a child identified in accordance with paragraph (1)(A) shall meet the following requirements:
The voucher shall specify the total amount to be paid a provider of mentoring services for providing the child on whose behalf the voucher is issued with mentoring services for a 12-month period.
The voucher shall specify that it may be redeemed with the eligible entity by the provider accepting the voucher in return for agreeing to provide mentoring services for the child on whose behalf the voucher is issued.
A provider that redeems a voucher issued by the eligible entity shall receive periodic payments from the eligible entity during the 12-month period that the voucher is in effect upon demonstration of the provision of significant services and activities related to the provision of mentoring services to the child on whose behalf the voucher is issued.
In order to participate in the demonstration project, a provider of mentoring services shall-
A cooperative agreement awarded under this subsection shall be effective for a 3-year period.
The cooperative agreement may be renewed for an additional period, not to exceed 2 years and subject to any conditions that the Secretary may specify that are not inconsistent with the requirements of this subsection or subsection (i)(2)(B), if the Secretary determines that the entity has satisfied the requirements of the agreement and evaluations of the service delivery demonstration project demonstrate that the voucher service delivery method is effective in providing mentoring services to children of prisoners.
The Secretary shall enter into a contract with an independent, private organization to evaluate and prepare a report on the first 2 fiscal years in which the demonstration project is conducted under this subsection.
Not later than 90 days after the end of the second fiscal year in which the demonstration project is conducted under this subsection, the Secretary shall submit the report required under subparagraph (A) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report shall include-
A voucher provided to a family under the demonstration project conducted under this subsection shall be disregarded for purposes of determining the eligibility for, or the amount of, any other Federal or federally-supported assistance for the family.
The Secretary shall conduct by grant, contract, or cooperative agreement an independent evaluation of the programs authorized under this section, including the service delivery demonstration project authorized under subsection (g).
Not later than 12 months after September 28, 2006, the Secretary shall submit a report to the Congress that includes the following:
To carry out this section, there are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal years 2007 through 2011.
The Secretary shall reserve 4 percent of the amount appropriated for each fiscal year under paragraph (1) for expenditure by the Secretary for research, technical assistance, and evaluation related to programs under this section.
Subject to clause (ii), for purposes of awarding a cooperative agreement to conduct the service delivery demonstration project authorized under subsection (g), the Secretary shall reserve not more than-
With respect to any fiscal year, no funds may be awarded for a cooperative agreement under subsection (g), unless at least $25,000,000 of the amount appropriated under paragraph (1) for that fiscal year is used by the Secretary for making grants under this section for that fiscal year.
1So in original. Probably should be "parent".
42 U.S.C. § 629i
EDITORIAL NOTES
CODIFICATIONSeptember 28, 2006, referred to in subsec. (h)(2), was in the original "the date of enactment of this subsection" and "that date of enactment", which were translated as meaning the date of enactment of Pub. L. 109-288 which amended subsec. (h) of this section generally, to reflect the probable intent of Congress.
PRIOR PROVISIONSA prior section 439 of act Aug. 14, 1935, was classified to section 639 of this title prior to repeal by Pub. L. 100-485.
AMENDMENTS2006-Subsec. (a). Pub. L. 109-288, §8(b)(2)(A)(i), substituted "purposes" for "purpose" in heading.Subsec. (a)(2). Pub. L. 109-288, §8(b)(2)(A)(ii)-(iv), substituted "Purposes" for "Purpose" in heading, substituted "The purposes of this section are to authorize the Secretary-" for "The purpose of this section is to authorize the Secretary", designated the remaining provisions as subpar. (A), and added subpar. (B).Subsec. (c). Pub. L. 109-288, §8(b)(2)(B), substituted "(i)" for "(h)" and "(i)(2)" for "(h)(2)". Pub. L. 109-288, §8(a)(1), substituted "2007 through 2011" for "2002 through 2006".Subsec. (g). Pub. L. 109-288, §8(b)(1)(B), added subsec. (g). Former subsec. (g) redesignated (h).Subsec. (h). Pub. L. 109-288, §8(b)(2)(C), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: "The Secretary shall conduct an evaluation of the programs conducted pursuant to this section, and submit to the Congress not later than April 15, 2005, a report on the findings of the evaluation." Pub. L. 109-288, §8(b)(1)(A), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(1). Pub. L. 109-288, §8(a)(2)(A), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "There are authorized to be appropriated to carry out this section $67,000,000 for each of fiscal years 2002 and 2003, and such sums as may be necessary for each succeeding fiscal year."Subsec. (h)(2). Pub. L. 109-288, §8(a)(2)(B), substituted "4 percent" for "2.5 percent". Subsec. (i). Pub. L. 109-288, §8(b)(2)(D)(i), substituted "reservations" for "reservation" in heading. Pub. L. 109-288, §8(b)(1)(A), redesignated subsec. (h) as (i).Subsec. (i)(2). Pub. L. 109-288, §8(b)(2)(D)(ii), substituted "Reservations" for "Reservation" in heading, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109-288 set out as a note under section 621 of this title.
EFFECTIVE DATESection effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107-133 set out as an Effective Date of 2002 Amendment note under section 629 of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- United States
- The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.