CHAPTER 106 —COMMUNITY SERVICES BLOCK GRANT PROGRAM
Editorial Notes
Codification
The Community Services Block Grant Act, comprising this chapter, was originally enacted by subtitle B of
§9901. Purposes and goals
The purposes of this chapter are—
(1) to provide assistance to States and local communities, working through a network of community action agencies and other neighborhood-based organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-income families and individuals in rural and urban areas to become fully self-sufficient (particularly families who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act (
(2) to accomplish the goals described in paragraph (1) through—
(A) the strengthening of community capabilities for planning and coordinating the use of a broad range of Federal, State, local, and other assistance (including private resources) related to the elimination of poverty, so that this assistance can be used in a manner responsive to local needs and conditions;
(B) the organization of a range of services related to the needs of low-income families and individuals, so that these services may have a measurable and potentially major impact on the causes of poverty in the community and may help the families and individuals to achieve self-sufficiency;
(C) the greater use of innovative and effective community-based approaches to attacking the causes and effects of poverty and of community breakdown;
(D) the maximum participation of residents of the low-income communities and members of the groups served by programs assisted through the block grants made under this chapter to empower such residents and members to respond to the unique problems and needs within their communities; and
(E) the broadening of the resource base of programs directed to the elimination of poverty so as to secure a more active role in the provision of services for—
(i) private, religious, charitable, and neighborhood-based organizations; and
(ii) individual citizens, and business, labor, and professional groups, who are able to influence the quantity and quality of opportunities and services for the poor.
(
Editorial Notes
References in Text
The Social Security Act, referred to in par. (1), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 9901,
Statutory Notes and Related Subsidiaries
Short Title of 1994 Amendment
Short Title
A prior section 671 of
Executive Documents
Ex. Ord. No. 13969. Expanding Educational Opportunity Through School Choice
Ex. Ord. No. 13969, Dec. 28, 2020, 86 F.R. 219, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure the education, health, safety, and well-being of America's children, our most essential resource upon which the future of our great Nation depends, it is hereby ordered as follows:
The prolonged deprivation of in-person learning opportunities has produced undeniably dire consequences for the children of this country. The Centers for Disease Control and Prevention has stated that school attendance is negatively correlated with a child's risk of depression and various types of abuse. States have seen substantial declines in reports of child maltreatment while school buildings have been closed, indicating that allegations are going unreported. These reductions are driven in part by social isolation from the schoolteachers and support staff with whom students typically interact and who have an obligation to report suspected child maltreatment. The American Academy of Pediatrics (AAP) has also found that school closures have a "substantial impact on food security and physical activity for children and families." Additionally, a recent survey of educators found student absences from school, including virtual learning, have nearly doubled during the pandemic, and as AAP has noted, chronic absenteeism is associated with alcohol and drug use, teenage pregnancy, juvenile delinquency, and suicide attempts.
School closures are especially difficult for families with children with special needs. Schools provide not only academic supports for students with special needs, but they also provide much-needed in-person therapies and services, including physical and occupational therapies. A recent survey found that 80 percent of children with special needs are not receiving the services and supports to which they are entitled and that approximately 40 percent of children with special needs are receiving no services or supports. Moreover, the survey found that virtual learning may not be fully accessible to these students, as children with special needs are twice as likely to receive little or no remote learning and to be dissatisfied with the remote learning received.
Low-income and minority children are also disproportionately affected by school closures. In low-income zip codes, students' math progress decreased by nearly 50 percent while school buildings were closed in the spring, and the math progress of students in middle-income zip codes fell by almost a third during the same period. A recent analysis projected that, if in-person classes do not fully resume until January 2021, Hispanic, Black, and low-income students will lose 9.2, 10.3, and 12.4 months of learning, respectively.
A failure to quickly resume in-person learning options is likely to have long-term economic effects on children and their families. According to a recent study, if in-person classes do not fully resume until January 2021, the average student could lose $61,000 to $82,000 in lifetime earnings, or the equivalent of a year of full-time work. Additionally, in 2019, more than 90 percent of children under the age of 18 had at least one employed parent. Many employed parents do not have the option of engaging in remote work that allows them the flexibility to supervise their children during the day when in-person learning options are not available. Without the resumption of in-person learning opportunities, the economic and social harms resulting from such lost employment opportunities will continue to compound.
To help mitigate these harms, the Department of Health and Human Services recently announced additional relief for low-income parents by allowing States to use funds available through the Child Care and Development Fund to subsidize child care services and services that supplement academic instruction for children under the age of 13 who are participating in virtual instruction. Nevertheless, virtual instruction is an inadequate substitute for in-person learning opportunities and this aid is insufficient to meet current needs.
While some families, especially those with financial means, have been able to mitigate school disruptions through in-person options such as homeschooling, private schools, charter schools, and innovative models like microschools and "learning pods," for many families, their children's residentially assigned public school remains their only financially available option. Unfortunately, more than 50 percent of all public-school students in the United States began school remotely this fall. These children, including those with special needs, are being underserved due to the public education system's failure to provide in-person learning options.
Students whose families pay tuition for their education are also facing significant hardships due to the economic disruptions caused by the pandemic. Scores of private schools, including approximately 100 Catholic schools, have permanently closed since the onset of COVID–19, and more than half of our Nation's private schools are believed to have lost enrollment due to the pandemic. These closures and declining enrollments are harmful to students, bad for communities, and likely to impose increased strain on public school systems.
I am committed to ensuring that all children of our great Nation have access to the educational resources they need to obtain a high-quality education and to improving students' safety and well-being, including by empowering families with emergency learning scholarships.
(i) tuition and fees for a private or parochial school;
(ii) homeschool, microschool, or learning-pod costs;
(iii) special education and related services, including therapies; or
(iv) tutoring or remedial education.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§9902. Definitions
In this chapter:
(1) Eligible entity; family literacy services
(A) Eligible entity
The term "eligible entity" means an entity—
(i) that is an eligible entity described in paragraph (1) (as in effect on the day before October 27, 1998) as of the day before October 27, 1998, or is designated by the process described in
(ii) that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of
(B) Family literacy services
The term "family literacy services" has the meaning given the term in
(2) Poverty line
The term "poverty line" means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant program established under this chapter. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever a State determines that it serves the objectives of the block grant program established under this chapter, the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph.
(3) Private, nonprofit organization
The term "private, nonprofit organization" includes a religious organization, to which the provisions of
(4) Secretary
The term "Secretary" means the Secretary of Health and Human Services.
(5) State
The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(
Editorial Notes
Prior Provisions
A prior section 9902,
§9903. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 1999 through 2003 to carry out the provisions of this chapter (other than
(b) Reservations
Of the amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve—
(1) ½ of 1 percent for carrying out
(2) 1½ percent for activities authorized in
(A) not less than ½ of the amount reserved by the Secretary under this paragraph shall be distributed directly to eligible entities, organizations, or associations described in
(B) ½ of the remainder of the amount reserved by the Secretary under this paragraph shall be used by the Secretary to carry out evaluation and to assist States in carrying out corrective action activities and monitoring (to correct programmatic deficiencies of eligible entities), as described in
(3) 9 percent for carrying out
(
Editorial Notes
Prior Provisions
A prior section 9903,
§9904. Establishment of block grant program
The Secretary is authorized to establish a community services block grant program and make grants through the program to States to ameliorate the causes of poverty in communities within the States.
(
Editorial Notes
Prior Provisions
A prior section 9904,
§9905. Distribution to territories
(a) Apportionment
The Secretary shall apportion the amount reserved under
(b) Application
Each jurisdiction to which subsection (a) applies may receive a grant under this section for the amount apportioned under subsection (a) on submitting to the Secretary, and obtaining approval of, an application, containing provisions that describe the programs for which assistance is sought under this section, that is prepared in accordance with, and contains the information described in,
(
Editorial Notes
Prior Provisions
Prior sections 9905 and 9905a were omitted in the general amendment of this chapter by
Section 9905,
Section 9905a,
§9906. Allotments and payments to States
(a) Allotments in general
The Secretary shall, from the amount appropriated under
(1) that no State shall receive less than ¼ of 1 percent of the amount appropriated under
(2) as provided in subsection (b).
(b) Allotments in years with greater available funds
(1) Minimum allotments
Subject to paragraphs (2) and (3), if the amount appropriated under
(2) Maintenance of fiscal year 1990 levels
Paragraph (1) shall not apply with respect to a fiscal year if the amount allotted under subsection (a) to any State for that year is less than the amount allotted under
(3) Maximum allotments
The amount allotted under paragraph (1) to a State for a fiscal year shall be reduced, if necessary, so that the aggregate amount allotted to such State under such paragraph and subsection (a) does not exceed 140 percent of the aggregate amount allotted to such State under the corresponding provisions of this chapter for the preceding fiscal year.
(c) Payments
The Secretary shall make grants to eligible States for the allotments described in subsections (a) and (b). The Secretary shall make payments for the grants in accordance with
(d) Definition
In this section, the term "State" does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 9906,
1 See References in Text note below.
§9907. Uses of funds
(a) Grants to eligible entities and other organizations
(1) In general
Not less than 90 percent of the funds made available to a State under
(2) Obligational authority
Funds distributed to eligible entities through grants made in accordance with paragraph (1) for a fiscal year shall be available for obligation during that fiscal year and the succeeding fiscal year, subject to paragraph (3).
(3) Recapture and redistribution of unobligated funds
(A) Amount
Beginning on October 1, 2000, a State may recapture and redistribute funds distributed to an eligible entity through a grant made under paragraph (1) that are unobligated at the end of a fiscal year if such unobligated funds exceed 20 percent of the amount so distributed to such eligible entity for such fiscal year.
(B) Redistribution
In redistributing funds recaptured in accordance with this paragraph, States shall redistribute such funds to an eligible entity, or require the original recipient of the funds to redistribute the funds to a private, nonprofit organization, located within the community served by the original recipient of the funds, for activities consistent with the purposes of this chapter.
(b) Statewide activities
(1) Use of remainder
If a State uses less than 100 percent of the grant or allotment received under
(A) providing training and technical assistance to those entities in need of such training and assistance;
(B) coordinating State-operated programs and services, and at the option of the State, locally-operated programs and services, targeted to low-income children and families with services provided by eligible entities and other organizations funded under this chapter, including detailing appropriate employees of State or local agencies to entities funded under this chapter, to ensure increased access to services provided by such State or local agencies;
(C) supporting statewide coordination and communication among eligible entities;
(D) analyzing the distribution of funds made available under this chapter within the State to determine if such funds have been targeted to the areas of greatest need;
(E) supporting asset-building programs for low-income individuals, such as programs supporting individual development accounts;
(F) supporting innovative programs and activities conducted by community action agencies or other neighborhood-based organizations to eliminate poverty, promote self-sufficiency, and promote community revitalization;
(G) supporting State charity tax credits as described in subsection (c); and
(H) supporting other activities, consistent with the purposes of this chapter.
(2) Administrative cap
No State may spend more than the greater of $55,000, or 5 percent, of the grant received under
(c) Charity tax credit
(1) In general
Subject to paragraph (2), if there is in effect under State law a charity tax credit, the State may use for any purpose the amount of the allotment that is available for expenditure under subsection (b).
(2) Limit
The aggregate amount a State may use under paragraph (1) during a fiscal year shall not exceed 100 percent of the revenue loss of the State during the fiscal year that is attributable to the charity tax credit, as determined by the Secretary of the Treasury without regard to any such revenue loss occurring before January 1, 1999.
(3) Definitions and rules
In this subsection:
(A) Charity tax credit
The term "charity tax credit" means a nonrefundable credit against State income tax (or, in the case of a State that does not impose an income tax, a comparable benefit) that is allowable for contributions, in cash or in kind, to qualified charities.
(B) Qualified charity
(i) In general
The term "qualified charity" means any organization—
(I) that is—
(aa) described in
(bb) an eligible entity; or
(cc) a public housing agency as defined in
(II) that is certified by the appropriate State authority as meeting the requirements of clauses (iii) and (iv); and
(III) if such organization is otherwise required to file a return under section 6033 of such title, that elects to treat the information required to be furnished by clause (v) as being specified in section 6033(b) of such title.
(ii) Certain contributions to collection organizations treated as contributions to qualified charity
(I) In general
A contribution to a collection organization shall be treated as a contribution to a qualified charity if the donor designates in writing that the contribution is for the qualified charity.
(II) Collection organization
The term "collection organization" means an organization described in section 501(c)(3) of such title and exempt from tax under section 501(a) of such title—
(aa) that solicits and collects gifts and grants that, by agreement, are distributed to qualified charities;
(bb) that distributes to qualified charities at least 90 percent of the gifts and grants the organization receives that are designated for such qualified charities; and
(cc) that meets the requirements of clause (vi).
(iii) Charity must primarily assist poor individuals
(I) In general
An organization meets the requirements of this clause only if the appropriate State authority reasonably expects that the predominant activity of such organization will be the provision of direct services within the United States to individuals and families whose annual incomes generally do not exceed 185 percent of the poverty line in order to prevent or alleviate poverty among such individuals and families.
(II) No recordkeeping in certain cases
An organization shall not be required to establish or maintain records with respect to the incomes of individuals and families for purposes of subclause (I) if such individuals or families are members of groups that are generally recognized as including substantially only individuals and families described in subclause (I).
(III) Food aid and homeless shelters
Except as otherwise provided by the appropriate State authority, for purposes of subclause (I), services to individuals in the form of—
(aa) donations of food or meals; or
(bb) temporary shelter to homeless individuals;
shall be treated as provided to individuals described in subclause (I) if the location and provision of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in subclause (I).
(iv) Minimum expense requirement
(I) In general
An organization meets the requirements of this clause only if the appropriate State authority reasonably expects that the annual poverty program expenses of such organization will not be less than 75 percent of the annual aggregate expenses of such organization.
(II) Poverty program expense
For purposes of subclause (I)—
(aa) In general
The term "poverty program expense" means any expense in providing direct services referred to in clause (iii).
(bb) Exceptions
Such term shall not include any management or general expense, any expense for the purpose of influencing legislation (as defined in
(v) Reporting requirement
The information required to be furnished under this clause about an organization is—
(I) the percentages determined by dividing the following categories of the organization's expenses for the year by the total expenses of the organization for the year: expenses for direct services, management expenses, general expenses, fundraising expenses, and payments to affiliates; and
(II) the category or categories (including food, shelter, education, substance abuse prevention or treatment, job training, or other) of services that constitute predominant activities of the organization.
(vi) Additional requirements for collection organizations
The requirements of this clause are met if the organization—
(I) maintains separate accounting for revenues and expenses; and
(II) makes available to the public information on the administrative and fundraising costs of the organization, and information as to the organizations receiving funds from the organization and the amount of such funds.
(vii) Special rule for States requiring tax uniformity
In the case of a State—
(I) that has a constitutional requirement of tax uniformity; and
(II) that, as of December 31, 1997, imposed a tax on personal income with—
(aa) a single flat rate applicable to all earned and unearned income (except insofar as any amount is not taxed pursuant to tax forgiveness provisions); and
(bb) no generally available exemptions or deductions to individuals;
the requirement of paragraph (2) shall be treated as met if the amount of the credit described in paragraph (2) is limited to a uniform percentage (but not greater than 25 percent) of State personal income tax liability (determined without regard to credits).
(4) Limitation on use of funds for startup and administrative activities
Except to the extent provided in subsection (b)(2), no part of the aggregate amount a State uses under paragraph (1) may be used to pay for the cost of the startup and administrative activities conducted under this subsection.
(5) Prohibition on use of funds for legal services or tuition assistance
No part of the aggregate amount a State uses under paragraph (1) may be used to provide legal services or to provide tuition assistance related to compulsory education requirements (not including tuition assistance for tutoring, camps, skills development, or other supplemental services or training).
(6) Prohibition on supplanting funds
No part of the aggregate amount a State uses under paragraph (1) may be used to supplant non-Federal funds that would be available, in the absence of Federal funds, to offset a revenue loss of the State attributable to a charity tax credit.
(
Editorial Notes
Prior Provisions
A prior section 9907,
§9908. Application and plan
(a) Designation of lead agency
(1) Designation
The chief executive officer of a State desiring to receive a grant or allotment under
(2) Duties
The lead agency shall—
(A) develop the State plan to be submitted to the Secretary under subsection (b);
(B) in conjunction with the development of the State plan as required under subsection (b), hold at least one hearing in the State with sufficient time and statewide distribution of notice of such hearing, to provide to the public an opportunity to comment on the proposed use and distribution of funds to be provided through the grant or allotment under
(C) conduct reviews of eligible entities under
(3) Legislative hearing
In order to be eligible to receive a grant or allotment under
(b) State application and plan
Beginning with fiscal year 2000, to be eligible to receive a grant or allotment under
(1) an assurance that funds made available through the grant or allotment will be used—
(A) to support activities that are designed to assist low-income families and individuals, including families and individuals receiving assistance under part A of title IV of the Social Security Act (
(i) to remove obstacles and solve problems that block the achievement of self-sufficiency (including self-sufficiency for families and individuals who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act);
(ii) to secure and retain meaningful employment;
(iii) to attain an adequate education, with particular attention toward improving literacy skills of the low-income families in the communities involved, which may include carrying out family literacy initiatives;
(iv) to make better use of available income;
(v) to obtain and maintain adequate housing and a suitable living environment;
(vi) to obtain emergency assistance through loans, grants, or other means to meet immediate and urgent family and individual needs; and
(vii) to achieve greater participation in the affairs of the communities involved, including the development of public and private grassroots partnerships with local law enforcement agencies, local housing authorities, private foundations, and other public and private partners to—
(I) document best practices based on successful grassroots intervention in urban areas, to develop methodologies for widespread replication; and
(II) strengthen and improve relationships with local law enforcement agencies, which may include participation in activities such as neighborhood or community policing efforts;
(B) to address the needs of youth in low-income communities through youth development programs that support the primary role of the family, give priority to the prevention of youth problems and crime, and promote increased community coordination and collaboration in meeting the needs of youth, and support development and expansion of innovative community-based youth development programs that have demonstrated success in preventing or reducing youth crime, such as—
(i) programs for the establishment of violence-free zones that would involve youth development and intervention models (such as models involving youth mediation, youth mentoring, life skills training, job creation, and entrepreneurship programs); and
(ii) after-school child care programs; and
(C) to make more effective use of, and to coordinate with, other programs related to the purposes of this chapter (including State welfare reform efforts);
(2) a description of how the State intends to use discretionary funds made available from the remainder of the grant or allotment described in
(3) information provided by eligible entities in the State, containing—
(A) a description of the service delivery system, for services provided or coordinated with funds made available through grants made under
(B) a description of how linkages will be developed to fill identified gaps in the services, through the provision of information, referrals, case management, and followup consultations;
(C) a description of how funds made available through grants made under
(D) a description of how the local entity will use the funds to support innovative community and neighborhood-based initiatives related to the purposes of this chapter, which may include fatherhood initiatives and other initiatives with the goal of strengthening families and encouraging effective parenting;
(4) an assurance that eligible entities in the State will provide, on an emergency basis, for the provision of such supplies and services, nutritious foods, and related services, as may be necessary to counteract conditions of starvation and malnutrition among low-income individuals;
(5) an assurance that the State and the eligible entities in the State will coordinate, and establish linkages between, governmental and other social services programs to assure the effective delivery of such services to low-income individuals and to avoid duplication of such services, and a description of how the State and the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act [
(6) an assurance that the State will ensure coordination between antipoverty programs in each community in the State, and ensure, where appropriate, that emergency energy crisis intervention programs under title XXVI [
(7) an assurance that the State will permit and cooperate with Federal investigations undertaken in accordance with
(8) an assurance that any eligible entity in the State that received funding in the previous fiscal year through a community services block grant made under this chapter will not have its funding terminated under this chapter, or reduced below the proportional share of funding the entity received in the previous fiscal year unless, after providing notice and an opportunity for a hearing on the record, the State determines that cause exists for such termination or such reduction, subject to review by the Secretary as provided in
(9) an assurance that the State and eligible entities in the State will, to the maximum extent possible, coordinate programs with and form partnerships with other organizations serving low-income residents of the communities and members of the groups served by the State, including religious organizations, charitable groups, and community organizations;
(10) an assurance that the State will require each eligible entity in the State to establish procedures under which a low-income individual, community organization, or religious organization, or representative of low-income individuals that considers its organization, or low-income individuals, to be inadequately represented on the board (or other mechanism) of the eligible entity to petition for adequate representation;
(11) an assurance that the State will secure from each eligible entity in the State, as a condition to receipt of funding by the entity through a community services block grant made under this chapter for a program, a community action plan (which shall be submitted to the Secretary, at the request of the Secretary, with the State plan) that includes a community-needs assessment for the community served, which may be coordinated with community-needs assessments conducted for other programs;
(12) an assurance that the State and all eligible entities in the State will, not later than fiscal year 2001, participate in the Results Oriented Management and Accountability System, another performance measure system for which the Secretary facilitated development pursuant to
(13) information describing how the State will carry out the assurances described in this subsection.
(c) Funding termination or reductions
For purposes of making a determination in accordance with subsection (b)(8) with respect to—
(1) a funding reduction, the term "cause" includes—
(A) a statewide redistribution of funds provided through a community services block grant under this chapter to respond to—
(i) the results of the most recently available census or other appropriate data;
(ii) the designation of a new eligible entity; or
(iii) severe economic dislocation; or
(B) the failure of an eligible entity to comply with the terms of an agreement or a State plan, or to meet a State requirement, as described in
(2) a termination, the term "cause" includes the failure of an eligible entity to comply with the terms of an agreement or a State plan, or to meet a State requirement, as described in
(d) Procedures and information
The Secretary may prescribe procedures for the purpose of assessing the effectiveness of eligible entities in carrying out the purposes of this chapter.
(e) Revisions and inspection
(1) Revisions
The chief executive officer of each State may revise any plan prepared under this section and shall submit the revised plan to the Secretary.
(2) Public inspection
Each plan or revised plan prepared under this section shall be made available for public inspection within the State in such a manner as will facilitate review of, and comment on, the plan.
(f) Transition
For fiscal year 2000, to be eligible to receive a grant or allotment under
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(1)(A), is act Aug. 14, 1935, ch. 531,
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(5), is
Title XXVI, referred to in subsec. (b)(6), is title XXVI of
Prior Provisions
A prior section 9908,
A prior section 676 of
Amendments
2014—Subsec. (b)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
§9909. Designation and redesignation of eligible entities in unserved areas
(a) Qualified organization in or near area
(1) In general
If any geographic area of a State is not, or ceases to be, served by an eligible entity under this chapter, and if the chief executive officer of the State decides to serve such area, the chief executive officer may solicit applications from, and designate as an eligible entity—
(A) a private nonprofit organization (which may include an eligible entity) that is geographically located in the unserved area, that is capable of providing a broad range of services designed to eliminate poverty and foster self-sufficiency, and that meets the requirements of this chapter; and
(B) a private nonprofit eligible entity that is geographically located in an area contiguous to or within reasonable proximity of the unserved area and that is already providing related services in the unserved area.
(2) Requirement
In order to serve as the eligible entity for the area, an entity described in paragraph (1)(B) shall agree to add additional members to the board of the entity to ensure adequate representation—
(A) in each of the three required categories described in subparagraphs (A), (B), and (C) of
(B) in the category described in
(b) Special consideration
In designating an eligible entity under subsection (a), the chief executive officer shall grant the designation to an organization of demonstrated effectiveness in meeting the goals and purposes of this chapter and may give priority, in granting the designation, to eligible entities that are providing related services in the unserved area, consistent with the needs identified by a community-needs assessment.
(c) No qualified organization in or near area
If no private, nonprofit organization is identified or determined to be qualified under subsection (a) to serve the unserved area as an eligible entity the chief executive officer may designate an appropriate political subdivision of the State to serve as an eligible entity for the area. In order to serve as the eligible entity for that area, the political subdivision shall have a board or other mechanism as required in
(
Editorial Notes
Prior Provisions
A prior section 9909,
A prior section 676A of
§9910. Tripartite boards
(a) Private nonprofit entities
(1) Board
In order for a private, nonprofit entity to be considered to be an eligible entity for purposes of
(2) Selection and composition of board
The members of the board referred to in paragraph (1) shall be selected by the entity and the board shall be composed so as to assure that—
(A) 1/3 of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than 1/3 of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such 1/3 requirement;
(B)(i) not fewer than 1/3 of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
(ii) each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (i) resides in the neighborhood represented by the member; and
(C) the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served.
(b) Public organizations
In order for a public organization to be considered to be an eligible entity for purposes of
(1) a tripartite board, which shall have members selected by the organization and shall be composed so as to assure that not fewer than 1/3 of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members—
(A) are representative of low-income individuals and families in the neighborhood served;
(B) reside in the neighborhood served; and
(C) are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this chapter; or
(2) another mechanism specified by the State to assure decisionmaking and participation by low-income individuals in the development, planning, implementation, and evaluation of programs funded under this chapter.
(
Editorial Notes
Prior Provisions
Prior sections 9910 and 9910a were omitted in the general amendment of this chapter by
Section 9910,
Section 9910a,
A prior section 9910b,
A prior section 9910c,
A prior section 9910d,
§9911. Payments to Indian tribes
(a) Reservation
If, with respect to any State, the Secretary—
(1) receives a request from the governing body of an Indian tribe or tribal organization within the State that assistance under this chapter be made directly to such tribe or organization; and
(2) determines that the members of such tribe or tribal organization would be better served by means of grants made directly to provide benefits under this chapter,
the Secretary shall reserve from amounts that would otherwise be allotted to such State under
(b) Determination of reserved amount
The Secretary shall reserve for the purpose of subsection (a) from amounts that would otherwise be allotted to such State, not less than 100 percent of an amount that bears the same ratio to the State allotment for the fiscal year involved as the population of all eligible Indians for whom a determination has been made under subsection (a) bears to the population of all individuals eligible for assistance through a community services block grant made under this chapter in such State.
(c) Awards
The sums reserved by the Secretary on the basis of a determination made under subsection (a) shall be made available by grant to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.
(d) Plan
In order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation.
(e) Definitions
In this section:
(1) Indian tribe; tribal organization
The terms "Indian tribe" and "tribal organization" mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose.
(2) Indian
The term "Indian" means a member of an Indian tribe or of a tribal organization.
(
Editorial Notes
Prior Provisions
A prior section 9911,
Another prior section 9911,
A prior section 677 of
§9912. Office of Community Services
(a) Office
The Secretary shall carry out the functions of this chapter through an Office of Community Services, which shall be established in the Department of Health and Human Services. The Office shall be headed by a Director.
(b) Grants, contracts, and cooperative agreements
The Secretary shall carry out functions of this chapter through grants, contracts, or cooperative agreements.
(
Editorial Notes
Prior Provisions
A prior section 9912,
A prior section 678 of
§9913. Training, technical assistance, and other activities
(a) Activities
(1) In general
The Secretary shall use amounts reserved in
(A) for training, technical assistance, planning, evaluation, and performance measurement, to assist States in carrying out corrective action activities and monitoring (to correct programmatic deficiencies of eligible entities), and for reporting and data collection activities, related to programs carried out under this chapter; and
(B) to distribute amounts in accordance with subsection (c).
(2) Grants, contracts, and cooperative agreements
The activities described in paragraph (1)(A) may be carried out by the Secretary through grants, contracts, or cooperative agreements with appropriate entities.
(b) Terms and technical assistance process
The process for determining the training and technical assistance to be carried out under this section shall—
(1) ensure that the needs of eligible entities and programs relating to improving program quality (including quality of financial management practices) are addressed to the maximum extent feasible; and
(2) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the national and State networks of eligible entities.
(c) Distribution requirement
(1) In general
The amounts reserved under
(2) Eligible entities, organizations, or associations
Eligible entities, organizations, or associations described in this paragraph shall be eligible entities, or statewide or local organizations or associations, with demonstrated expertise in providing training to individuals and organizations on methods of effectively addressing the needs of low-income families and communities.
(
§9914. Monitoring of eligible entities
(a) In general
In order to determine whether eligible entities meet the performance goals, administrative standards, financial management requirements, and other requirements of a State, the State shall conduct the following reviews of eligible entities:
(1) A full onsite review of each such entity at least once during each 3-year period.
(2) An onsite review of each newly designated entity immediately after the completion of the first year in which such entity receives funds through the community services block grant program.
(3) Followup reviews including prompt return visits to eligible entities, and their programs, that fail to meet the goals, standards, and requirements established by the State.
(4) Other reviews as appropriate, including reviews of entities with programs that have had other Federal, State, or local grants (other than assistance provided under this chapter) terminated for cause.
(b) Requests
The State may request training and technical assistance from the Secretary as needed to comply with the requirements of this section.
(c) Evaluations by the Secretary
The Secretary shall conduct in several States in each fiscal year evaluations (including investigations) of the use of funds received by the States under this chapter in order to evaluate compliance with the provisions of this chapter, and especially with respect to compliance with
(
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.
§9915. Corrective action; termination and reduction of funding
(a) Determination
If the State determines, on the basis of a final decision in a review pursuant to
(1) inform the entity of the deficiency to be corrected;
(2) require the entity to correct the deficiency;
(3)(A) offer training and technical assistance, if appropriate, to help correct the deficiency, and prepare and submit to the Secretary a report describing the training and technical assistance offered; or
(B) if the State determines that such training and technical assistance are not appropriate, prepare and submit to the Secretary a report stating the reasons for the determination;
(4)(A) at the discretion of the State (taking into account the seriousness of the deficiency and the time reasonably required to correct the deficiency), allow the entity to develop and implement, within 60 days after being informed of the deficiency, a quality improvement plan to correct such deficiency within a reasonable period of time, as determined by the State; and
(B) not later than 30 days after receiving from an eligible entity a proposed quality improvement plan pursuant to subparagraph (A), either approve such proposed plan or specify the reasons why the proposed plan cannot be approved; and
(5) after providing adequate notice and an opportunity for a hearing, initiate proceedings to terminate the designation of or reduce the funding under this chapter of the eligible entity unless the entity corrects the deficiency.
(b) Review
A determination to terminate the designation or reduce the funding of an eligible entity is reviewable by the Secretary. The Secretary shall, upon request, review such a determination. The review shall be completed not later than 90 days after the Secretary receives from the State all necessary documentation relating to the determination to terminate the designation or reduce the funding. If the review is not completed within 90 days, the determination of the State shall become final at the end of the 90th day.
(c) Direct assistance
Whenever a State violates the assurances contained in
(
§9916. Fiscal controls, audits, and withholding
(a) Fiscal controls, procedures, audits, and inspections
(1) In general
A State that receives funds under this chapter shall—
(A) establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this chapter, including procedures for monitoring the funds provided under this chapter;
(B) ensure that cost and accounting standards of the Office of Management and Budget apply to a recipient of the funds under this chapter;
(C) subject to paragraph (2), prepare, at least every year, an audit of the expenditures of the State of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter; and
(D) make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
(2) Audits
(A) In general
Subject to subparagraph (B), each audit required by subsection (a)(1)(C) shall be conducted by an entity independent of any agency administering activities or services carried out under this chapter and shall be conducted in accordance with generally accepted accounting principles.
(B) Single audit requirements
Audits shall be conducted under this paragraph in the manner and to the extent provided in
(C) Submission of copies
Within 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit a copy of such audit to any eligible entity that was the subject of the audit at no charge, to the legislature of the State, and to the Secretary.
(3) Repayments
The State shall repay to the United States amounts found not to have been expended in accordance with this chapter or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this chapter.
(b) Withholding
(1) In general
The Secretary shall, after providing adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State that does not utilize the grant or allotment under
(2) Response to complaints
The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this chapter, including the assurances provided by the State under
(3) Investigations
Whenever the Secretary determines that there is a pattern of complaints of failures described in paragraph (2) from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this chapter by such State in order to ensure compliance with the provisions of this chapter.
(
§9917. Accountability and reporting requirements
(a) State accountability and reporting requirements
(1) Performance measurement
(A) In general
By October 1, 2001, each State that receives funds under this chapter shall participate, and shall ensure that all eligible entities in the State participate, in a performance measurement system, which may be a performance measurement system for which the Secretary facilitated development pursuant to subsection (b), or an alternative system that the Secretary is satisfied meets the requirements of subsection (b).
(B) Local agencies
The State may elect to have local agencies that are subcontractors of the eligible entities under this chapter participate in the performance measurement system. If the State makes that election, references in this section to eligible entities shall be considered to include the local agencies.
(2) Annual report
Each State shall annually prepare and submit to the Secretary a report on the measured performance of the State and the eligible entities in the State. Prior to the participation of the State in the performance measurement system, the State shall include in the report any information collected by the State relating to such performance. Each State shall also include in the report an accounting of the expenditure of funds received by the State through the community services block grant program, including an accounting of funds spent on administrative costs by the State and the eligible entities, and funds spent by eligible entities on the direct delivery of local services, and shall include information on the number of and characteristics of clients served under this chapter in the State, based on data collected from the eligible entities. The State shall also include in the report a summary describing the training and technical assistance offered by the State under
(b) Secretary's accountability and reporting requirements
(1) Performance measurement
The Secretary, in collaboration with the States and with eligible entities throughout the Nation, shall facilitate the development of one or more model performance measurement systems, which may be used by the States and by eligible entities to measure their performance in carrying out the requirements of this chapter and in achieving the goals of their community action plans. The Secretary shall provide technical assistance, including support for the enhancement of electronic data systems, to States and to eligible entities to enhance their capability to collect and report data for such a system and to aid in their participation in such a system.
(2) Reporting requirements
At the end of each fiscal year beginning after September 30, 1999, the Secretary shall, directly or by grant or contract, prepare a report containing—
(A) a summary of the planned use of funds by each State, and the eligible entities in the State, under the community services block grant program, as contained in each State plan submitted pursuant to
(B) a description of how funds were actually spent by the State and eligible entities in the State, including a breakdown of funds spent on administrative costs and on the direct delivery of local services by eligible entities;
(C) information on the number of entities eligible for funds under this chapter, the number of low-income persons served under this chapter, and such demographic data on the low-income populations served by eligible entities as is determined by the Secretary to be feasible;
(D) a comparison of the planned uses of funds for each State and the actual uses of the funds;
(E) a summary of each State's performance results, and the results for the eligible entities, as collected and submitted by the States in accordance with subsection (a)(2); and
(F) any additional information that the Secretary considers to be appropriate to carry out this chapter, if the Secretary informs the States of the need for such additional information and allows a reasonable period of time for the States to collect and provide the information.
(3) Submission
The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate the report described in paragraph (2), and any comments the Secretary may have with respect to such report. The report shall include definitions of direct and administrative costs used by the Department of Health and Human Services for programs funded under this chapter.
(4) Costs
Of the funds reserved under
(
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.
§9918. Limitations on use of funds
(a) Construction of facilities
(1) Limitations
Except as provided in paragraph (2), grants made under this chapter (other than amounts reserved under
(2) Waiver
The Secretary may waive the limitation contained in paragraph (1) upon a State request for such a waiver, if the Secretary finds that the request describes extraordinary circumstances to justify the purchase of land or the construction of facilities (or the making of permanent improvements) and that permitting the waiver will contribute to the ability of the State to carry out the purposes of this chapter.
(b) Political activities
(1) Treatment as a State or local agency
For purposes of
(2) Prohibitions
Programs assisted under this chapter shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel, in a manner supporting or resulting in the identification of such programs with—
(A) any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office;
(B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or
(C) any voter registration activity.
(3) Rules and regulations
The Secretary, after consultation with the Office of Personnel Management, shall issue rules and regulations to provide for the enforcement of this subsection, which shall include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.
(c) Nondiscrimination
(1) In general
No person shall, on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this chapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (
(2) Action of Secretary
Whenever the Secretary determines that a State that has received a payment under this chapter has failed to comply with paragraph (1) or an applicable regulation, the Secretary shall notify the chief executive officer of the State and shall request that the officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to—
(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(B) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (
(C) take such other action as may be provided by law.
(3) Action of Attorney General
When a matter is referred to the Attorney General pursuant to paragraph (2), or whenever the Attorney General has reason to believe that the State is engaged in a pattern or practice of discrimination in violation of the provisions of this subsection, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
(
Editorial Notes
References in Text
The Age Discrimination Act of 1975, referred to in subsec. (c)(1), (2)(B), is title III of
The Americans with Disabilities Act of 1990, referred to in subsec. (c)(1), (2)(B), is
The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B), is
§9919. Drug and child support services and referrals
(a) Drug testing and rehabilitation
(1) In general
Nothing in this chapter shall be construed to prohibit a State from testing participants in programs, activities, or services carried out or provided under this chapter for controlled substances. A State that conducts such testing shall inform the participants who test positive for any of such substances about the availability of treatment or rehabilitation services and refer such participants for appropriate treatment or rehabilitation services.
(2) Administrative expenses
Any funds provided under this chapter expended for such testing shall be considered to be expended for administrative expenses and shall be subject to the limitation specified in
(3) Definition
In this subsection, the term "controlled substance" has the meaning given the term in
(b) Child support services and referrals
During each fiscal year for which an eligible entity receives a grant under
(1) inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this chapter about the availability of child support services; and
(2) refer eligible parents to the child support offices of State and local governments.
(
§9920. Operational rule
(a) Religious organizations included as nongovernmental providers
For any program carried out by the Federal Government, or by a State or local government under this chapter, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this chapter shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this chapter, on the basis that the organization has a religious character.
(b) Religious character and independence
(1) In general
A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs.
(2) Additional safeguards
Neither the Federal Government nor a State or local government shall require a religious organization—
(A) to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in
(B) to remove religious art, icons, scripture, or other symbols;
in order to be eligible to provide assistance under a program described in subsection (a).
(3) Employment practices
A religious organization's exemption provided under
(c) Limitations on use of funds for certain purposes
No funds provided directly to a religious organization to provide assistance under any program described in subsection (a) shall be expended for sectarian worship, instruction, or proselytization.
(d) Fiscal accountability
(1) In general
Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program.
(2) Limited audit
Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government.
(e) Treatment of eligible entities and other intermediate organizations
If an eligible entity or other organization (referred to in this subsection as an "intermediate organization"), acting under a contract, or grant or other agreement, with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government.
(
Editorial Notes
Prior Provisions
A prior section 679 of
§9921. Discretionary authority of Secretary
(a) Grants, contracts, arrangements, loans, and guarantees
(1) In general
The Secretary shall, from funds reserved under
(2) Community economic development
(A) Economic development activities
The Secretary shall make grants described in paragraph (1) on a competitive basis to private, nonprofit organizations that are community development corporations to provide technical and financial assistance for economic development activities designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities.
(B) Consultation
The Secretary shall exercise the authority provided under subparagraph (A) after consultation with other relevant Federal officials.
(C) Governing boards
For a community development corporation to receive funds to carry out this paragraph, the corporation shall be governed by a board that shall consist of residents of the community and business and civic leaders and shall have as a principal purpose planning, developing, or managing low-income housing or community development projects.
(D) Geographic distribution
In making grants to carry out this paragraph, the Secretary shall take into consideration the geographic distribution of funding among States and the relative proportion of funding among rural and urban areas.
(E) Reservation
Of the amounts made available to carry out this paragraph, the Secretary may reserve not more than 1 percent for each fiscal year to make grants to private, nonprofit organizations or to enter into contracts with private, nonprofit or for-profit organizations to provide technical assistance to aid community development corporations in developing or implementing activities funded to carry out this paragraph and to evaluate activities funded to carry out this paragraph.
(3) Rural community development activities
The Secretary shall provide the assistance described in paragraph (1) for rural community development activities, which shall include providing—
(A) grants to private, nonprofit corporations to enable the corporations to provide assistance concerning home repair to rural low-income families and concerning planning and developing low-income rural rental housing units; and
(B) grants to multistate, regional, private, nonprofit organizations to enable the organizations to provide training and technical assistance to small, rural communities concerning meeting their community facility needs.
(4) Neighborhood innovation projects
The Secretary shall provide the assistance described in paragraph (1) for neighborhood innovation projects, which shall include providing grants to neighborhood-based private, nonprofit organizations to test or assist in the development of new approaches or methods that will aid in overcoming special problems identified by communities or neighborhoods or otherwise assist in furthering the purposes of this chapter, and which may include providing assistance for projects that are designed to serve low-income individuals and families who are not being effectively served by other programs.
(b) Evaluation
The Secretary shall require all activities receiving assistance under this section to be evaluated for their effectiveness. Funding for such evaluations shall be provided as a stated percentage of the assistance or through a separate grant awarded by the Secretary specifically for the purpose of evaluation of a particular activity or group of activities.
(c) Annual report
The Secretary shall compile an annual report containing a summary of the evaluations required in subsection (b) and a listing of all activities assisted under this section. The Secretary shall annually submit the report to the Chairperson of the Committee on Education and the Workforce of the House of Representatives and the Chairperson of the Committee on Labor and Human Resources of the Senate.
(
Editorial Notes
Prior Provisions
A prior section 680 of
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.
Procedures To Permit Grant Funds or Intangible Property Acquired by Grant Funds To Become Sole Property of Grantees
Similar provisions were contained in the following prior appropriation acts:
§9922. Community food and nutrition programs
(a) Grants
The Secretary may, through grants to public and private, nonprofit agencies, provide for community-based, local, statewide, and national programs—
(1) to coordinate private and public food assistance resources, wherever the grant recipient involved determines such coordination to be inadequate, to better serve low-income populations;
(2) to assist low-income communities to identify potential sponsors of child nutrition programs and to initiate such programs in underserved or unserved areas; and
(3) to develop innovative approaches at the State and local level to meet the nutrition needs of low-income individuals.
(b) Allotments and distribution of funds
(1) Not to exceed $6,000,000 in appropriations
Of the amount appropriated for a fiscal year to carry out this section (but not to exceed $6,000,000), the Secretary shall distribute funds for grants under subsection (a) as follows:
(A) Allotments
From a portion equal to 60 percent of such amount (but not to exceed $3,600,000), the Secretary shall allot for grants to eligible agencies for statewide programs in each State the amount that bears the same ratio to such portion as the low-income and unemployed population of such State bears to the low-income and unemployed population of all the States.
(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 competitive 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 programs in each State an amount that bears the same ratio to 40 percent of such excess as the low-income and unemployed population of such State bears to the low-income and unemployed population of all the States.
(B) Competitive grants for local and statewide 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 programs
The Secretary shall use the remaining 20 percent of such excess to make grants under subsection (a) on a competitive basis to eligible agencies for nationwide programs, including programs benefiting Indians, as defined in
(3) Eligibility for allotments for statewide programs
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 comprehensive and coordinated effort to alleviate hunger within the State.
(4) Minimum allotments for statewide programs
(A) In general
From the amounts allotted under paragraphs (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 appropriated 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 appropriated 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 appropriated 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 Commonwealth of the Northern Mariana Islands.
(5) Maximum grants
From funds made available under paragraphs (1)(B) and (2)(B) for any fiscal year, the Secretary may not make grants under subsection (a) to an eligible agency in an aggregate 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 prepare and submit, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report concerning 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 objectives described in subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 1999 through 2003.
(
Editorial Notes
Prior Provisions
A prior section 681 of
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-income youth
(a) General authority
The Secretary is authorized to make a grant to an eligible service provider to administer national or regional programs to provide instructional activities for low-income youth. In making such a grant, the Secretary shall give priority 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 follow-up referral or treatment, without charge, for youth during their participation in such activity;
(3) at least one nutritious meal daily, without 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
(5) enrichment instruction and information on matters relating to the well-being of youth, to include educational opportunities and information on study practices, education for the prevention of drug and alcohol abuse, and information on health and nutrition, career opportunities, and family and job responsibilities.
(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 committee is established, with representatives from local youth, family, and social service organizations, schools, entities providing park and recreation services, and other community-based organizations serving high-risk youth; or
(B) an existing community-based advisory board, commission, or committee with similar membership is utilized to serve as the committee described in subparagraph (A); and
(2) enter into formal partnerships with youth-serving organizations or other appropriate 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 organizations, 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 experience in operating a program providing instruction 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 requested, for the program funded through the grant;
(3) the applicant agrees to use no funds from a grant authorized under this section for administrative expenses; and
(4) the applicant agrees to comply with the regulations or program guidelines promulgated 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 information as the Secretary may require.
(f) Promulgation of regulations or program guidelines
The Secretary shall promulgate regulations or program guidelines to ensure funds made available 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.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 682 of
Another prior section 682 of
Another prior section 682 of
Amendments
2015—Subsec. (b)(4).
2002—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
1 See References in Text note below.
§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 construed to be a reference to the poverty line defined in
(
Editorial Notes
References in Text
The Economic Opportunity Act of 1964, referred to in text, is
Prior Provisions
A prior section 683 of
Another prior section 683 of
§9925. Demonstration partnership agreements addressing needs of poor
(a) General authority
(1) In order to stimulate the development of new approaches to provide for greater self-sufficiency of the poor, to test and evaluate such new approaches, to disseminate project results and evaluation findings so that such approaches can be replicated, and to strengthen the integration, coordination, and redirection of activities to promote maximum self-sufficiency among the poor, the Secretary may make grants from funds appropriated under subsection (e) to eligible entities for the development and implementation of new and innovative approaches to deal with particularly critical needs or problems of the poor which are common to a number of communities. Grants may be made only with respect to applications which—
(A) involve activities which can be incorporated into or be closely coordinated with eligible entities' ongoing programs;
(B) involve significant new combinations of resources or new and innovative approaches involving partnership agreements;
(C) are structured in a way that will, within the limits of the type of assistance or activities contemplated, most fully and effectively promote the purposes of the Community Services Block Grant Act [
(D) contain an assurance that the applicant for such grants will obtain an independent, methodologically sound evaluation of the effectiveness of the activities carried out with such grant and will submit such evaluation to the Secretary.
(2) No grant may be made under this section unless an application is submitted to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may require.
(3) Initial and subsequent grant awards may fully fund projects for periods of up to 3 years.
(b) Federal share; limitations
(1)(A) Subject to subparagraph (B), grants awarded pursuant to this section shall be used for programs and shall not exceed 50 per centum of the cost of such programs.
(B) After the first funding period for which an eligible entity receives a grant under this section to carry out a program, the amount of a subsequent grant made under this section to such entity to carry out such program may not exceed 80 percent of the amount of the grant previously received by such entity under this section to carry out such program.
(2) Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services.
(3) Not more than one grant in each fiscal year may be made to any eligible entity, and no grant may exceed $350,000. Not more than 2 grants may be made under this section to an eligible entity to carry out a particular program.
(4) No application may be approved for assistance under this section unless the Secretary is satisfied that—
(A) the activities to be carried out under the application will be in addition to, and not in substitution for, activities previously carried on without Federal assistance; and
(B) funds or other resources devoted to programs designed to meet the needs of the poor within the community, area, or State will not be diminished in order to provide the matching contributions required under this section.
(c) Programs directed to special populations
(1) In addition to the grant programs described in subsection (a), the Secretary may make grants to community action agencies for the purpose of enabling such agencies to demonstrate new approaches to dealing with the problems caused by entrenched, chronic unemployment and lack of economic opportunities for urban youth. Demonstrations shall include such activities as peer counseling, mentoring, development of job skills, assistance with social skills, community services, family literacy, parenting skills, opportunities for employment or entrepreneurship, and other services designed to assist such at-risk youth to continue their education, to secure meaningful employment, to perform community service, or to pursue other productive alternatives within the community.
(2) Such grants may be made only with respect to applications that—
(A) identify and describe the population to be served, the problems to be addressed, the overall approach and methods of outreach and recruitment to be used, and the services to be provided;
(B) describe how the approach to be used differs from other approaches used for the population to be served by the project;
(C) describe the objectives of the project and contain a plan for measuring progress toward meeting those objectives; and
(D) contain assurances that the grantee will report on the progress and results of the demonstration at such times and in such manner as the Secretary shall require.
(3) Notwithstanding subsection (b), such grants shall not exceed 80 percent of the cost of such programs.
(4) Such grants made under this subsection on a competitive basis shall be based on an annual competition determined by the Secretary. Grants made under this subsection shall not exceed $500,000.
(d) Dissemination of results
As soon as practicable, but not later than 180 days after the end of the fiscal year in which a recipient of a grant under this section completes the expenditure of such grant, the Secretary shall prepare and make available to each State and each eligible entity a description of the program carried out with such grant, any relevant information developed and results achieved, and a summary of the evaluation of such program received under subsection (a)(1)(D) so as to provide a model of innovative programs for other eligible entities.
(e) Replication of programs
(1) The Secretary shall annually identify programs that receive grants under this section that demonstrate a significant potential for dealing with particularly critical needs or problems of the poor that exist in a number of communities.
(2) Not less than 10 percent, and not more than 25 percent, of the funds appropriated for each fiscal year to carry out this section shall be available to make grants under this section to replicate in additional geographic areas programs identified under paragraph (1).
(f) Omitted
(g) Definitions
As used in this section—
(1) the term "eligible entity" has the same meaning given such term by section 673(1) of the Community Services Block Grant Act (
(2) the term "Secretary" means the Secretary of Health and Human Services.
(h) Authorization of appropriations
(1) There are authorized to be appropriated $30,000,000 for fiscal year 1995, and such sums as may be necessary for fiscal years 1996, 1997, and 1998, to carry out this section.
(2) Of the amounts appropriated for this section, not less than 30 percent and not more than 40 percent shall be used to carry out the programs authorized under subsection (c).
(3) In addition to sums which are required to carry out the evaluation, reporting, and dissemination of results under subsections (a), (c), (d), and (f),1 the Secretary is authorized to reserve up to 2 percent of the amounts appropriated pursuant to subparagraphs (1) and (2) for administration of the program as well as for planning and technical assistance.
(
Editorial Notes
References in Text
The Community Services Block Grant Act, referred to in subsecs. (a)(1)(C) and (g)(1), is subtitle B (§671 et seq.) of title VI of
Subsection (f) of this section, referred to in subsec. (h)(3), was omitted from the Code.
Codification
Subsec. (f) of this section, which required the Secretary to submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate an annual report describing programs for which grants were made under this section in the most recently completed fiscal year and the evaluations received under subsec. (a)(1)(D) of this section in such fiscal year, describing the methods used by the Secretary to comply with subsec. (d) of this section, making recommendations regarding the suitability of carrying out such programs with funds made available under other Federal laws, and describing each program identified under subsec. (d)(1) of this section or replicated under subsec. (e)(2) of this section and identifying the geographical location where such program was carried out, terminated, effective May 15, 2000, pursuant to section 3003 of
Section was formerly classified to
Section was enacted as part of the Human Services Reauthorization Act of 1986, and not as part of the Community Services Block Grant Act which comprises this chapter.
Amendments
1994—Subsec. (a)(3).
Subsec. (b)(1)(B).
Subsec. (c)(1).
Subsec. (c)(4).
Subsec. (h).
"(1) There are authorized to be appropriated $10,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992, 1993, and 1994, to carry out this section (other than subsection (c) of this section).
"(2) There are authorized to be appropriated $10,000,000 for fiscal year 1991 and such sums as may be necessary in each of the fiscal years 1992 through 1994, to carry out subsection (c) of this section."
1990—Subsecs. (c) to (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1989—Subsec. (a)(1).
Subsec. (a)(1)(D).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1986, see section 1001 of
1 See References in Text note below.
§9926. Projects to expand the number of job opportunities available to certain low-income individuals
(a) In general
The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall enter into agreements with nonprofit organizations (including community development corporations) submitting applications under this section for the purpose of conducting projects in accordance with subsection (b) to create employment opportunities for certain low-income individuals.
(b) Nature of project
(1) Each nonprofit organization conducting a project under this section shall provide technical and financial assistance to private employers in the community to assist them in creating employment and business opportunities for those individuals eligible to participate in the projects as described in this subsection.
(2) For purposes of this section, a nonprofit organization is any organization (including a community development corporation) exempt from taxation under
(3) A low-income individual eligible to participate in a project conducted under this section is any individual eligible to receive assistance under the program funded part 1 A of title IV of the Social Security Act [
(c) Content of applications; selection priority
(1) Each nonprofit organization submitting an application under this section shall, as part of such application, describe—
(A) the technical and financial assistance that will be made available under the project conducted under this section;
(B) the geographic area to be served by the project;
(C) the percentage of low-income individuals (as described in subsection (b)) and individuals receiving assistance under a State program funded under part A of title IV of the Social Security Act [
(D) unemployment rates in the geographic areas to be served and (to the extent practicable) the jobs available and skills necessary to fill those vacancies in such areas.
(2) In approving applications under this section, the Secretary shall give priority to applications proposing to serve those areas containing the highest percentage of individuals receiving assistance under a State program funded under part A of title IV of the Social Security Act [
(d) Administration
Each nonprofit organization participating in a project conducted under this section shall provide assurances in its agreement with the Secretary that it has or will have a cooperative relationship with the agency responsible for administering the the 2 State program funded under part A of title IV of the Social Security Act [
(e) Authorization of appropriations
For the purpose of conducting projects under this section, there is authorized to be appropriated an amount not to exceed $25,000,000 for any fiscal year.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (b)(3), (c)(1)(C), (2), and (d), is act Aug. 14, 1935, ch. 531,
Codification
Section was formerly classified to
Section was enacted as part of the Family Support Act of 1988, and not as part of the Community Services Block Grant Act which comprises this chapter.
Amendments
1997—Subsec. (c)(1)(C), (2).
1996—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (c)(1)(C).
Subsec. (c)(2).
Subsec. (d).
Subsecs. (e) to (g).
1994—Subsec. (e).
Subsec. (f)(2).
Subsec. (g).
1990—Subsec. (a).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by