US (United States) Code. Title 42. Chapter 106: Community services block grant program

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-MISC1-

Sec.

9901. Purposes and goals.

9902. Definitions.

9903. Authorization of appropriations.

(a) In general.

(b) Reservations.

9904. Establishment of block grant program.

9905. Distribution to territories.

(a) Apportionment.

(b) Application.

9906. Allotments and payments to States.

(a) Allotments in general.

(b) Allotments in years with greater available

funds.

(c) Payments.

(d) Definition.

9907. Uses of funds.

(a) Grants to eligible entities and other

organizations.

(b) Statewide activities.

(c) Charity tax credit.

9908. Application and plan.

(a) Designation of lead agency.

(b) State application and plan.

(c) Funding termination or reductions.

(d) Procedures and information.

(e) Revisions and inspection.

(f) Transition.

9909. Designation and redesignation of eligible entities in

unserved areas.

(a) Qualified organization in or near area.

(b) Special consideration.

(c) No qualified organization in or near area.

9910. Tripartite boards.

(a) Private nonprofit entities.

(b) Public organizations.

9911. Payments to Indian tribes.

(a) Reservation.

(b) Determination of reserved amount.

(c) Awards.

(d) Plan.

(e) Definitions.

9912. Office of Community Services.

(a) Office.

(b) Grants, contracts, and cooperative agreements.

9913. Training, technical assistance, and other activities.

(a) Activities.

(b) Terms and technical assistance process.

(c) Distribution requirement.

9914. Monitoring of eligible entities.

(a) In general.

(b) Requests.

(c) Evaluations by the Secretary.

9915. Corrective action; termination and reduction of

funding.

(a) Determination.

(b) Review.

(c) Direct assistance.

9916. Fiscal controls, audits, and withholding.

(a) Fiscal controls, procedures, audits, and

inspections.

(b) Withholding.

9917. Accountability and reporting requirements.

(a) State accountability and reporting

requirements.

(b) Secretary's accountability and reporting

requirements.

9918. Limitations on use of funds.

(a) Construction of facilities.

(b) Political activities.

(c) Nondiscrimination.

9919. Drug and child support services and referrals.

(a) Drug testing and rehabilitation.

(b) Child support services and referrals.

9920. Operational rule.

(a) Religious organizations included as

nongovernmental providers.

(b) Religious character and independence.

(c) Limitations on use of funds for certain

purposes.

(d) Fiscal accountability.

(e) Treatment of eligible entities and other

intermediate organizations.

9921. Discretionary authority of Secretary.

(a) Grants, contracts, arrangements, loans, and

guarantees.

(b) Evaluation.

(c) Annual report.

9922. Community food and nutrition programs.

(a) Grants.

(b) Allotments and distribution of funds.

(c) Report.

(d) Authorization of appropriations.

9923. National or regional programs designed to provide

instructional activities for low-income youth.

(a) General authority.

(b) Program requirements.

(c) Advisory committee; partnerships.

(d) Eligible providers.

(e) Application process.

(f) Promulgation of regulations or program

guidelines.

(g) Authorization of appropriations.

9924. References.

9925. Demonstration partnership agreements addressing needs

of poor.

(a) General authority.

(b) Federal share; limitations.

(c) Programs directed to special populations.

(d) Dissemination of results.

(e) Replication of programs.

(f) Omitted.

(g) Definitions.

(h) Authorization of appropriations.

9926. Projects to expand the number of job opportunities

available to certain low-income individuals.

(a) In general.

(b) Nature of project.

(c) Content of applications; selection priority.

(d) Administration.

(e) Authorization of appropriations.

-COD-

CODIFICATION

The Community Services Block Grant Act, comprising this chapter,

was originally enacted by subtitle B of Pub. L. 97-35, title VI,

Aug. 13, 1981, 95 Stat. 511, and amended by Pub. L. 97-115, Dec.

29, 1981, 95 Stat. 1595; Pub. L. 98-288, May 21, 1984, 98 Stat.

189; Pub. L. 98-558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99-425,

Sept. 30, 1986, 100 Stat. 966; Pub. L. 101-501, Nov. 3, 1990, 104

Stat. 1222; Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359; Pub. L.

103-94, Oct. 6, 1993, 107 Stat. 1001; Pub. L. 103-171, Dec. 2,

1993, 107 Stat. 1988; Pub. L. 103-252, May 18, 1994, 108 Stat. 623.

The Community Services Block Grant Act is shown herein, however, as

having been added by Pub. L. 105-285, title II, Sec. 201, Oct. 27,

1998, 112 Stat. 2728, without reference to those intervening

amendments because of the extensive revision of that Act by Pub. L.

105-285.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3013, 3020d, 3056a, 4953,

8624, 9812, 9819, 9925, 12638 of this title; title 20 section 9271;

title 29 sections 2822, 2841; title 31 section 6501.

-End-

-CITE-

42 USC Sec. 9901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9901. Purposes and goals

-STATUTE-

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 (42 U.S.C. 601 et

seq.)); and

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 672, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2728.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (1), is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the

Act is classified generally to part A (Sec. 601 et seq.) of

subchapter IV of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 9901, Pub. L. 97-35, title VI, Sec. 672, Aug. 13,

1981, 95 Stat. 511; Pub. L. 98-558, title II, Sec. 201, Oct. 30,

1984, 98 Stat. 2884; Pub. L. 99-425, title IV, Sec. 401, Sept. 30,

1986, 100 Stat. 968; Pub. L. 101-501, title IV, Sec. 401(a), Nov.

3, 1990, 104 Stat. 1251; Pub. L. 103-252, title II, Sec. 202(a),

May 18, 1994, 108 Stat. 651, authorized the Secretary to make

community service grants, prior to the general amendment of this

chapter by Pub. L. 105-285.

SHORT TITLE OF 1994 AMENDMENT

Section 201(a) of title II of Pub. L. 103-252 provided that:

"This title [enacting section 9910c of this title, amending this

section and sections 9903, 9904, 9910, 9910a, 9910b, 9911, 9912,

and 11464 of this title, and enacting provisions set out as a note

under this section] may be cited as the 'Community Services Block

Grant Amendments of 1994'."

SHORT TITLE

Pub. L. 97-35, title VI, Sec. 671, as added by Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2728, provided that:

"This subtitle [subtitle B (Secs. 671-683) of title VI of Pub. L.

97-35, enacting this chapter] may be cited as the 'Community

Services Block Grant Act'."

A prior section 671 of Pub. L. 97-35 provided that subtitle B

(Secs. 671-683) of title VI of Pub. L. 97-35, which enacted prior

chapter and repealed sections 2701, 2706, 2711 to 2716, 2771, 2781,

2790, 2791, 2795 to 2797, 2808 to 2815, 2823 to 2825, 2827, 2828,

2830, 2833 to 2837, 2841, 2851 to 2856, 2881, 2901 to 2906, 2921 to

2923, 2928 to 2928g, 2928h to 2928n, 2929 to 2929c, 2930 to 2930f,

2931 to 2933, 2941 to 2948, 2950, 2951, 2961 to 2970, 2971a to

2971g, 2972 to 2980, 2981 to 2981c, 2982 to 2982c, 2983 to 2983b,

2984, 2984a, 2985 to 2985c, 2985d to 2985g, and 2995 to 2995c of

this title and provisions set out as a note under section 2701 of

this title, could be cited as the "Community Services Block Grant

Act", prior to the general amendment of this chapter by Pub. L.

105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9907 of this title.

-End-

-CITE-

42 USC Sec. 9902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9902. Definitions

-STATUTE-

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)

of this section (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 section 9909 of this title

(including an organization serving migrant or seasonal

farmworkers that is so described or designated); and

(ii) that has a tripartite board or other mechanism

described in subsection (a) or (b), as appropriate, of

section 9910 of this title.

(B) Family literacy services

The term "family literacy services" has the meaning given the

term in section 9832 of this title.

(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 section 9920 of this

title shall apply.

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 673, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2729.)

-MISC1-

PRIOR PROVISIONS

A prior section 9902, Pub. L. 97-35, title VI, Sec. 673, Aug. 13,

1981, 95 Stat. 511; Pub. L. 97-115, Sec. 17(a)(1), Dec. 29, 1981,

95 Stat. 1609; Pub. L. 98-288, Sec. 31(a), May 21, 1984, 98 Stat.

197; Pub. L. 98-558, title II, Sec. 202, Oct. 30, 1984, 98 Stat.

2884; Pub. L. 99-425, title IV, Sec. 402, Sept. 30, 1986, 100 Stat.

968; Pub. L. 101-501, title IV, Secs. 402, 408, Nov. 3, 1990, 104

Stat. 1251, 1255; Pub. L. 103-171, Sec. 7(c)(1), Dec. 2, 1993, 107

Stat. 1994, defined terms used in this chapter, prior to the

general amendment of this chapter by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247b-5, 247b-14, 247c-1,

254c-12, 290bb-1, 290ff-3, 297q, 300n, 300ff-76, 603, 604, 701,

1396a, 1396d, 1396o, 1396r-5, 1396r-6, 1397jj, 3002, 4955, 5011,

5061, 8622, 8626b, 9910, 9924, 9925, 9926, 12618, 13791 of this

title; title 7 sections 1927, 2014, 3175, 7501; title 8 sections

1154, 1183a; title 15 section 6901; title 20 sections 1021, 1085,

2351, 7801, 9141, 9402; title 29 section 2801; title 40 section

549.

-End-

-CITE-

42 USC Sec. 9903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9903. Authorization of appropriations

-STATUTE-

(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 sections 9922 and 9923

of this title).

(b) Reservations

Of the amounts appropriated under subsection (a) of this section

for each fiscal year, the Secretary shall reserve -

(1) 1/2 of 1 percent for carrying out section 9905 of this

title (relating to payments for territories);

(2) 1 1/2 percent for activities authorized in sections 9913

through 9918 of this title, of which -

(A) not less than 1/2 of the amount reserved by the

Secretary under this paragraph shall be distributed directly to

eligible entities, organizations, or associations described in

section 9913(c)(2) of this title for the purpose of carrying

out activities described in section 9913(c) of this title; and

(B) 1/2 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 sections 9914(c) and 9913 of this title; and

(3) 9 percent for carrying out section 9921 of this title

(relating to discretionary activities) and section 9917(b)(2) of

this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 674, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2730.)

-MISC1-

PRIOR PROVISIONS

A prior section 9903, Pub. L. 97-35, title VI, Sec. 674, Aug. 13,

1981, 95 Stat. 512; Pub. L. 99-425, title IV, Sec. 405(c)(1), Sept.

30, 1986, 100 Stat. 970; Pub. L. 101-501, title IV, Sec. 403, Nov.

3, 1990, 104 Stat. 1251; Pub. L. 103-171, Sec. 7(c)(2), Dec. 2,

1993, 107 Stat. 1994; Pub. L. 103-252, title II, Sec. 202(b), May

18, 1994, 108 Stat. 651, related to State allocations for technical

assistance and training, prior to the general amendment of this

chapter by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9905, 9906, 9913, 9917,

9918, 9921 of this title.

-End-

-CITE-

42 USC Sec. 9904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9904. Establishment of block grant program

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 675, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2730.)

-MISC1-

PRIOR PROVISIONS

A prior section 9904, Pub. L. 97-35, title VI, Sec. 675, Aug. 13,

1981, 95 Stat. 513; Pub. L. 97-115, Sec. 17(a)(2), (b), Dec. 29,

1981, 95 Stat. 1609; Pub. L. 98-558, title II, Sec. 203(a)-(c),

Oct. 30, 1984, 98 Stat. 2885; Pub. L. 99-425, title IV, Secs.

403(a)(1), (b), 404(b), Sept. 30, 1986, 100 Stat. 968, 969; Pub. L.

101-501, title IV, Sec. 404(a), (b), Nov. 3, 1990, 104 Stat. 1252;

Pub. L. 101-624, title XVII, Sec. 1772(h)(6), Nov. 28, 1990, 104

Stat. 3809; Pub. L. 103-94, Sec. 6, Oct. 6, 1993, 107 Stat. 1005;

Pub. L. 103-252, title II, Sec. 202(c)-(g), May 18, 1994, 108 Stat.

652-654, related to applications and requirements for community

block grant program, prior to the general amendment of this chapter

by Pub. L. 105-285.

-End-

-CITE-

42 USC Sec. 9905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9905. Distribution to territories

-STATUTE-

(a) Apportionment

The Secretary shall apportion the amount reserved under section

9903(b)(1) of this title for each fiscal year on the basis of need

among Guam, American Samoa, the United States Virgin Islands, and

the Commonwealth of the Northern Mariana Islands.

(b) Application

Each jurisdiction to which subsection (a) of this section applies

may receive a grant under this section for the amount apportioned

under subsection (a) of this section 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, section 9908 of this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 675A, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2730.)

-MISC1-

PRIOR PROVISIONS

Prior sections 9905 and 9905a were omitted in the general

amendment of this chapter by Pub. L. 105-285.

Section 9905, Pub. L. 97-35, title VI, Sec. 676, Aug. 13, 1981,

95 Stat. 516, related to establishment and functions of the Office

of Community Services.

Section 9905a, Pub. L. 97-35, title VI, Sec. 676A, as added Pub.

L. 98-558, title II, Sec. 203(d), Oct. 30, 1984, 98 Stat. 2885;

amended Pub. L. 99-425, title IV, Sec. 403(a)(2)-(4), Sept. 30,

1986, 100 Stat. 968, 969; Pub. L. 101-501, title IV, Sec. 404(c),

Nov. 3, 1990, 104 Stat. 1252, related to procedures for review of

termination or reduction of funding.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9903, 9907, 9908, 9915,

9916 of this title.

-End-

-CITE-

42 USC Sec. 9906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9906. Allotments and payments to States

-STATUTE-

(a) Allotments in general

The Secretary shall, from the amount appropriated under section

9903(a) of this title for each fiscal year that remains after the

Secretary makes the reservations required in section 9903(b) of

this title, allot to each State (subject to section 9911 of this

title) an amount that bears the same ratio to such remaining amount

as the amount received by the State for fiscal year 1981 under

section 2808 (!1) of this title bore to the total amount received

by all States for fiscal year 1981 under such section, except -

(1) that no State shall receive less than 1/4 of 1 percent of

the amount appropriated under section 9903(a) of this title for

such fiscal year; and

(2) as provided in subsection (b) of this section.

(b) Allotments in years with greater available funds

(1) Minimum allotments

Subject to paragraphs (2) and (3), if the amount appropriated

under section 9903(a) of this title for a fiscal year that

remains after the Secretary makes the reservations required in

section 9903(b) of this title exceeds $345,000,000, the Secretary

shall allot to each State not less than 1/2 of 1 percent of the

amount appropriated under section 9903(a) of this title for such

fiscal year.

(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) of this section to any

State for that year is less than the amount allotted under

section 9903(a)(1) of this title (as in effect on September 30,

1989) to such State for fiscal year 1990.

(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) of

this section 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) of this section.

The Secretary shall make payments for the grants in accordance with

section 6503(a) of title 31.

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 675B, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2730.)

-REFTEXT-

REFERENCES IN TEXT

Section 2808 of this title, referred to in subsec. (a), was

repealed by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95

Stat. 519.

-MISC1-

PRIOR PROVISIONS

A prior section 9906, Pub. L. 97-35, title VI, Sec. 677, Aug. 13,

1981, 95 Stat. 516, contained nondiscrimination provisions, prior

to the general amendment of this chapter by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9907, 9908, 9911, 9915,

9916 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9907. Uses of funds

-STATUTE-

(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 section 9905 or 9906 of this title shall be used by the

State to make grants for the purposes described in section 9901

of this title to eligible entities.

(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 section 9905 or 9906 of this title to make grants

under subsection (a) of this section, the State shall use the

remainder of the grant or allotment under section 9905 or 9906 of

this title (subject to paragraph (2)) for activities that may

include -

(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) of this section; 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 section 9905 of this title

or State allotment received under section 9906 of this title for

administrative expenses, including monitoring activities. Funds

to be spent for such expenses shall be taken from the portion of

the grant under section 9905 of this title or State allotment

that remains after the State makes grants to eligible entities

under subsection (a) of this section. The cost of activities

conducted under paragraph (1)(A) shall not be considered to be

administrative expenses. The startup cost and cost of

administrative activities conducted under subsection (c) of this

section shall be considered to be administrative expenses.

(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) of this section.

(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 section 501(c)(3) of title 26 and

exempt from tax under section 501(a) of such title;

(bb) an eligible entity; or

(cc) a public housing agency as defined in section

1437a(b)(6) of this title;

(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 section 4911(d) of title 26),

any expense for the purpose of fundraising, any expense

for a legal service provided on behalf of any individual

referred to in clause (iii), any expense for providing

tuition assistance relating to compulsory school

attendance, and any expense that consists of a payment to

an affiliate of the organization.

(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) of this

section, 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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 675C, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2731.)

-MISC1-

PRIOR PROVISIONS

A prior section 9907, Pub. L. 97-35, title VI, Sec. 678, Aug. 13,

1981, 95 Stat. 516, related to payments to States, prior to the

general amendment of this chapter by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9908, 9919 of this title.

-End-

-CITE-

42 USC Sec. 9908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9908. Application and plan

-STATUTE-

(a) Designation of lead agency

(1) Designation

The chief executive officer of a State desiring to receive a

grant or allotment under section 9905 or 9906 of this title shall

designate, in an application submitted to the Secretary under

subsection (b) of this section, an appropriate State agency that

complies with the requirements of paragraph (2) to act as a lead

agency for purposes of carrying out State activities under this

chapter.

(2) Duties

The lead agency shall -

(A) develop the State plan to be submitted to the Secretary

under subsection (b) of this section;

(B) in conjunction with the development of the State plan as

required under subsection (b) of this section, 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 section 9905 or 9906 of this title for the

period covered by the State plan; and

(C) conduct reviews of eligible entities under section 9914

of this title.

(3) Legislative hearing

In order to be eligible to receive a grant or allotment under

section 9905 or 9906 of this title, the State shall hold at least

one legislative hearing every 3 years in conjunction with the

development of the State plan.

(b) State application and plan

Beginning with fiscal year 2000, to be eligible to receive a

grant or allotment under section 9905 or 9906 of this title, a

State shall prepare and submit to the Secretary an application and

State plan covering a period of not less than 1 fiscal year and not

more than 2 fiscal years. The plan shall be submitted not later

than 30 days prior to the beginning of the first fiscal year

covered by the plan, and shall contain such information as the

Secretary shall require, including -

(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 (42 U.S.C. 601 et seq.), homeless

families and individuals, migrant or seasonal farmworkers, and

elderly low-income individuals and families, and a description

of how such activities will enable the families and individuals

-

(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 section 9907(b) of this title in accordance with

this chapter, including a description of how the State will

support innovative community and neighborhood-based initiatives

related to the purposes of this chapter;

(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 section 9907(a) of this title,

targeted to low-income individuals and families in communities

within the State;

(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 section 9907(a) of this title will be coordinated

with other public and private resources; and

(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 101

(!1) of such Act [29 U.S.C. 2801], in the State and in

communities with entities providing activities through statewide

and local workforce investment systems under the Workforce

Investment Act of 1998;

(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 [42 U.S.C. 8621 et seq.]

(relating to low-income home energy assistance) are conducted in

such community;

(7) an assurance that the State will permit and cooperate with

Federal investigations undertaken in accordance with section 9916

of this title;

(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 section 9915(b) of this title;

(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 section 9917(b) of this

title, or an alternative system for measuring performance and

results that meets the requirements of that section, and a

description of outcome measures to be used to measure eligible

entity performance in promoting self-sufficiency, family

stability, and community revitalization; and

(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) of this section 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 section 9915(a) of this title; and

(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

section 9915(a) of this title.

(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 section 9905 or 9906 of this title, a State shall

prepare and submit to the Secretary an application and State plan

in accordance with the provisions of this chapter (as in effect on

the day before October 27, 1998), rather than the provisions of

subsections (a) through (c) of this section relating to

applications and plans.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 676, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2735.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b)(1)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title

IV of the Act is classified generally to part A (Sec. 601 et seq.)

of subchapter IV of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

Section 101 of such Act, referred to in subsec. (b)(5), is

probably a reference to section 101 of the Workforce Investment Act

of 1998, Pub. L. 105-220, which is classified to section 2801 of

Title 29, Labor.

The Workforce Investment Act of 1998, referred to in subsec.

(b)(5), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

Title XXVI, referred to in subsec. (b)(6), is title XXVI of Pub.

L. 97-35, Aug. 13, 1981, 95 Stat. 893, as amended, known as the

Low-Income Home Energy Assistance Act of 1981, which is classified

generally to subchapter II (Sec. 8621 et seq.) of chapter 94 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 8621 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 9908, Pub. L. 97-35, title VI, Sec. 679, Aug. 13,

1981, 95 Stat. 517; Pub. L. 98-558, title II, Sec. 205, Oct. 30,

1984, 98 Stat. 2886; Pub. L. 99-425, title IV, Sec. 404(a), Sept.

30, 1986, 100 Stat. 969, related to withholding of funds, prior to

the general amendment of this chapter by Pub. L. 105-285.

A prior section 676 of Pub. L. 97-35 was classified to section

9905 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9905, 9914, 9915, 9916,

9917 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9909. Designation and redesignation of eligible entities in

unserved areas

-STATUTE-

(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 section 9910(a)(2) of this

title, by members that reside in the community comprised by the

unserved area; and

(B) in the category described in section 9910(a)(2)(B) of

this title, by members that reside in the neighborhood to be

served.

(b) Special consideration

In designating an eligible entity under subsection (a) of this

section, 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) of this section 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 section 9910(b) of this

title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 676A, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2739.)

-MISC1-

PRIOR PROVISIONS

A prior section 9909, Pub. L. 97-35, title VI, Sec. 680, Aug. 13,

1981, 95 Stat. 517; Pub. L. 99-425, title IV, Sec. 405(c)(2), Sept.

30, 1986, 100 Stat. 970; Pub. L. 103-171, Sec. 7(c)(3), Dec. 2,

1993, 107 Stat. 1994, related to limitation on use of grants for

construction and waiver of such limitation, prior to the general

amendment of this chapter by Pub. L. 105-285.

A prior section 676A of Pub. L. 97-35 was classified to section

9905a of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9902 of this title.

-End-

-CITE-

42 USC Sec. 9910 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9910. Tripartite boards

-STATUTE-

(a) Private nonprofit entities

(1) Board

In order for a private, nonprofit entity to be considered to be

an eligible entity for purposes of section 9902(1) of this title,

the entity shall administer the community services block grant

program through a tripartite board described in paragraph (2)

that fully participates in the development, planning,

implementation, and evaluation of the program to serve low-income

communities.

(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 section 9902(1) of this title, the

entity shall administer the community services block grant program

through -

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 676B, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2740.)

-MISC1-

PRIOR PROVISIONS

Prior sections 9910 and 9910a were omitted in the general

amendment of this chapter by Pub. L. 105-285.

Section 9910, Pub. L. 97-35, title VI, Sec. 681, Aug. 13, 1981,

95 Stat. 518; Pub. L. 98-558, title II, Sec. 204, Oct. 30, 1984, 98

Stat. 2886; Pub. L. 99-425, title IV, Sec. 405(a), (b), Sept. 30,

1986, 100 Stat. 969, 970; Pub. L. 101-501, title IV, Secs. 405,

407(b), Nov. 3, 1990, 104 Stat. 1252, 1255; Pub. L. 103-171, Sec.

7(a), Dec. 2, 1993, 107 Stat. 1993; Pub. L. 103-252, title II, Sec.

203, May 18, 1994, 108 Stat. 654, related to the discretionary

authority of the Secretary.

Section 9910a, Pub. L. 97-35, title VI, Sec. 681A, as added Pub.

L. 98-558, title II, Sec. 206, Oct. 30, 1984, 98 Stat. 2886;

amended Pub. L. 99-425, title IV, Sec. 406, Sept. 30, 1986, 100

Stat. 970; Pub. L. 101-501, title IV, Secs. 401(b), 406, Nov. 3,

1990, 104 Stat. 1251, 1253; Pub. L. 103-171, Sec. 7(c)(4), Dec. 2,

1993, 107 Stat. 1994; Pub. L. 103-252, title II, Sec. 204, May 18,

1994, 108 Stat. 655, related to community food and nutrition.

A prior section 9910b, Pub. L. 99-425, title IV, Sec. 408, Sept.

30, 1986, 100 Stat. 972, as amended, which related to demonstration

partnership agreements addressing needs of poor, was transferred to

section 9925 of this title.

A prior section 9910c, Pub. L. 97-35, title VI, Sec. 682, as

added Pub. L. 103-252, title II, Sec. 205(2), May 18, 1994, 108

Stat. 655; amended Pub. L. 105-244, title I, Sec. 102(a)(13)(I),

Oct. 7, 1998, 112 Stat. 1621, related to national or regional

programs designed to provide instructional activities for

low-income youth, prior to the general amendment of this chapter by

Pub. L. 105-285.

A prior section 9910d, Pub. L. 100-485, title V, Sec. 505, Oct.

13, 1988, 102 Stat. 2404, as amended, which related to

demonstration partnership agreements addressing needs of poor, was

transferred to section 9926 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3026, 9812a, 9902, 9909,

9920 of this title.

-End-

-CITE-

42 USC Sec. 9911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9911. Payments to Indian tribes

-STATUTE-

(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 section 9906 of this title for the

fiscal year the amount determined under subsection (b) of this

section.

(b) Determination of reserved amount

The Secretary shall reserve for the purpose of subsection (a) of

this section 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) of this section 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) of this section 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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 677, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2741.)

-MISC1-

PRIOR PROVISIONS

A prior section 9911, Pub. L. 97-35, title VI, Sec. 683, formerly

Sec. 682, as added Pub. L. 101-501, title IV, Sec. 407(a), Nov. 3,

1990, 104 Stat. 1254; amended Pub. L. 103-171, Sec. 7(b), Dec. 2,

1993, 107 Stat. 1993; renumbered Sec. 683, Pub. L. 103-252, title

II, Sec. 205(1), May 18, 1994, 108 Stat. 655, related to annual

reports by Secretary, prior to the general amendment of this

chapter by Pub. L. 105-285.

Another prior section 9911, Pub. L. 97-35, title VI, Sec. 682,

Aug. 13, 1981, 95 Stat. 518; Pub. L. 97-115, Sec. 17(c), Dec. 29,

1981, 95 Stat. 1609; Pub. L. 97-274, Sept. 30, 1982, 96 Stat. 1183,

related to transition provisions, prior to repeal by Pub. L.

101-501, Sec. 407(a).

A prior section 677 of Pub. L. 97-35 was classified to section

9906 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9906, 9922 of this title.

-End-

-CITE-

42 USC Sec. 9912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9912. Office of Community Services

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2742.)

-MISC1-

PRIOR PROVISIONS

A prior section 9912, Pub. L. 97-35, title VI, Sec. 684, formerly

Sec. 683, Aug. 13, 1981, 95 Stat. 519; Pub. L. 98-288, Sec. 31(b),

May 21, 1984, 98 Stat. 198; renumbered Sec. 684, Pub. L. 103-252,

title II, Sec. 205(1), May 18, 1994, 108 Stat. 655, contained

provisions repealing certain other statutory provisions,

reauthorizing appropriations, and conforming references, prior to

general amendment of this chapter by Pub. L. 105-285.

A prior section 678 of Pub. L. 97-35 was classified to section

9907 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-End-

-CITE-

42 USC Sec. 9913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9913. Training, technical assistance, and other activities

-STATUTE-

(a) Activities

(1) In general

The Secretary shall use amounts reserved in section 9903(b)(2)

of this title -

(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)

of this section.

(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 section 9903(b)(2)(A) of this title

for activities to be carried out under this subsection shall be

distributed directly to eligible entities, organizations, or

associations described in paragraph (2) for the purpose of

improving program quality (including quality of financial

management practices), management information and reporting

systems, and measurement of program results, and for the purpose

of ensuring responsiveness to identified local needs.

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678A, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2742.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9903 of this title.

-End-

-CITE-

42 USC Sec. 9914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9914. Monitoring of eligible entities

-STATUTE-

(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 section 9908(b) of this title. The Secretary shall

submit, to each State evaluated, a report containing the results of

such evaluations, and recommendations of improvements designed to

enhance the benefit and impact of the activities carried out with

such funds for people in need. On receiving the report, the State

shall submit to the Secretary a plan of action in response to the

recommendations contained in the report. The results of the

evaluations shall be submitted annually 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 as part of the report submitted by

the Secretary in accordance with section 9917(b)(2) of this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678B, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2743.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9903, 9908, 9915 of this

title.

-End-

-CITE-

42 USC Sec. 9915 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9915. Corrective action; termination and reduction of funding

-STATUTE-

(a) Determination

If the State determines, on the basis of a final decision in a

review pursuant to section 9914 of this title, that an eligible

entity fails to comply with the terms of an agreement, or the State

plan, to provide services under this chapter or to meet appropriate

standards, goals, and other requirements established by the State

(including performance objectives), the State shall -

(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 section

9908(b)(8) of this title and terminates or reduces the funding of

an eligible entity prior to the completion of the State hearing

described in that section and the Secretary's review as required in

subsection (b) of this section, the Secretary is authorized to

provide financial assistance under this chapter to the eligible

entity affected until the violation is corrected. In such a case,

the grant or allotment for the State under section 9905 or 9906 of

this title for the earliest appropriate fiscal year shall be

reduced by an amount equal to the funds provided under this

subsection to such eligible entity.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678C, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2743.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9903, 9908, 9917 of this

title.

-End-

-CITE-

42 USC Sec. 9916 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9916. Fiscal controls, audits, and withholding

-STATUTE-

(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) of this section 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 chapter 75 of title 31 (commonly

known as the "Single Audit Act Amendments of 1996").

(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 section 9905 or 9906 of this title in accordance

with the provisions of this chapter, including the assurances

such State provided under section 9908 of this title.

(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

section 9908 of this title. For purposes of this paragraph, a

complaint of a failure to meet any one of the assurances provided

under section 9908 of this title that constitutes disregarding

that assurance shall be considered to be a complaint of a serious

nature.

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678D, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2744.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9903, 9908 of this title.

-End-

-CITE-

42 USC Sec. 9917 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9917. Accountability and reporting requirements

-STATUTE-

(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) of this section, or an alternative system that the

Secretary is satisfied meets the requirements of subsection (b)

of this section.

(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 section 9915(a)(3) of this title

during the year covered by the report.

(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 section 9908 of this title;

(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) of this

section; 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 section 9903(b)(3) of this title,

not more than $350,000 shall be available to carry out the

reporting requirements contained in paragraph (2).

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678E, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2746.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9903, 9908, 9914 of this

title.

-End-

-CITE-

42 USC Sec. 9918 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9918. Limitations on use of funds

-STATUTE-

(a) Construction of facilities

(1) Limitations

Except as provided in paragraph (2), grants made under this

chapter (other than amounts reserved under section 9903(b)(3) of

this title) may not be used by the State, or by any other person

with which the State makes arrangements to carry out the purposes

of this chapter, for the purchase or improvement of land, or the

purchase, construction, or permanent improvement (other than

low-cost residential weatherization or other energy-related home

repairs) of any building or other facility.

(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 chapter 15 of title 5, any entity that assumes

responsibility for planning, developing, and coordinating

activities under this chapter and receives assistance under this

chapter shall be deemed to be a State or local agency. For

purposes of paragraphs (1) and (2) of section 1502(a) of such

title, any entity receiving assistance under this chapter shall

be deemed to be a State or local agency.

(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 (42 U.S.C.

6101 et seq.) or with respect to an otherwise qualified

individual with a disability as provided in section 504 of the

Rehabilitation Act of 1973 (29 U.S.C. 794), or title II of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.)

shall also apply to any such program or activity.

(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 (42 U.S.C. 2000d et seq.), the Age

Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), section

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title

II of the Americans with Disabilities Act of 1990 (42 U.S.C.

12131 et seq.), as may be applicable; or

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678F, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2747.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsec.

(c)(1), (2)(B), is title III of Pub. L. 94-135, Nov. 28, 1975, 89

Stat. 728, as amended, which is classified generally to chapter 76

(Sec. 6101 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

6101 of this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (c)(1), (2)(B), is Pub. L. 101-336, July 26, 1990, 104

Stat. 327, as amended. Title II of the Act is classified generally

to subchapter II (Sec. 12131 et seq.) of chapter 126 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI

of the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9903 of this title.

-End-

-CITE-

42 USC Sec. 9919 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9919. Drug and child support services and referrals

-STATUTE-

(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 section

9907(b)(2) of this title.

(3) Definition

In this subsection, the term "controlled substance" has the

meaning given the term in section 802 of title 21.

(b) Child support services and referrals

During each fiscal year for which an eligible entity receives a

grant under section 9907 of this title, such entity shall -

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 678G, as added Pub. L. 105-285,

title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2749.)

-End-

-CITE-

42 USC Sec. 9920 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9920. Operational rule

-STATUTE-

(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) of this section 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 section 9910 of this title; or

(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) of this section.

(3) Employment practices

A religious organization's exemption provided under section

2000e-1 of this title regarding employment practices shall not be

affected by its participation in, or receipt of funds from,

programs described in subsection (a) of this section.

(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) of this

section 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) of this section 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)

of this section, the intermediate organization shall have the same

duties under this section as the government.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 679, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2749.)

-MISC1-

PRIOR PROVISIONS

A prior section 679 of Pub. L. 97-35 was classified to section

9908 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9902 of this title.

-End-

-CITE-

42 USC Sec. 9921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9921. Discretionary authority of Secretary

-STATUTE-

(a) Grants, contracts, arrangements, loans, and guarantees

(1) In general

The Secretary shall, from funds reserved under section

9903(b)(3) of this title, make grants, loans, or guarantees to

States and public agencies and private, nonprofit organizations,

or enter into contracts or jointly financed cooperative

arrangements with States and public agencies and private,

nonprofit organizations (and for-profit organizations, to the

extent specified in paragraph (2)(E)) for each of the objectives

described in paragraphs (2) through (4).

(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) of this section 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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 680, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2750.)

-MISC1-

PRIOR PROVISIONS

A prior section 680 of Pub. L. 97-35 was classified to section

9909 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

PROCEDURES TO PERMIT GRANT FUNDS OR INTANGIBLE PROPERTY ACQUIRED BY

GRANT FUNDS TO BECOME SOLE PROPERTY OF GRANTEES

Pub. L. 107-116, title II, Jan. 10, 2002, 115 Stat. 2196,

provided in part: "That the Secretary shall establish procedures

regarding the disposition of intangible property which permits

grant funds, or intangible assets acquired with funds authorized

under section 680 of the Community Services Block Grant Act, as

amended [42 U.S.C. 9921], to become the sole property of such

grantees after a period of not more than 12 years after the end of

the grant for purposes and uses consistent with the original

grant".

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 106-554, Sec. 1(a)(1) [title II], Dec. 21, 2000, 114

Stat. 2763, 2763A-23.

Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title II], Nov. 29,

1999, 113 Stat. 1535, 1501A-235.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9903 of this title.

-End-

-CITE-

42 USC Sec. 9922 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9922. Community food and nutrition programs

-STATUTE-

(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) of this section

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) of this section 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) of this section 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) of this section on a

competitive basis to eligible agencies for nationwide programs,

including programs benefiting Indians, as defined in section

9911 of this title, and migrant or seasonal farmworkers.

(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) of this section 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) of this section 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) of this section.

(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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 681, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2752.)

-MISC1-

PRIOR PROVISIONS

A prior section 681 of Pub. L. 97-35 was classified to section

9910 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9903 of this title.

-End-

-CITE-

42 USC Sec. 9923 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9923. National or regional programs designed to provide

instructional activities for low-income youth

-STATUTE-

(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 section 7801 of title 20); and

(5) enrichment instruction and information on matters relating

to the well-being of youth, to include educational opportunities

and 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.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 682, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2753; amended Pub. L.

107-110, title X, Sec. 1076(ee), Jan. 8, 2002, 115 Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

Section 1141(a) of title 20, referred to in subsec. (b), was

repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title

VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective

Oct. 1, 1998. However, the term "institution of higher education"

is defined in section 1001 of Title 20, Education.

-MISC1-

PRIOR PROVISIONS

A prior section 682 of Pub. L. 97-35 was classified to section

9910c of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

Another prior section 682 of Pub. L. 97-35 was renumbered section

683 and was classified to section 9911 of this title, prior to the

general amendment of this chapter by Pub. L. 105-285.

Another prior section 682 of Pub. L. 97-35 was classified to

section 9911 of this title, prior to repeal by Pub. L. 101-501.

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-110 substituted "7801" for

"8801".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9903 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9924 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9924. References

-STATUTE-

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

section 9902 of this title. Except as otherwise provided, any

reference in any provision of law to any community action agency

designated under title II of the Economic Opportunity Act of 1964

shall be construed to be a reference to an entity eligible to

receive funds under the community services block grant program.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 683, as added Pub. L. 105-285, title

II, Sec. 201, Oct. 27, 1998, 112 Stat. 2755.)

-REFTEXT-

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in text, is

Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Title II

of the Act was classified generally to subchapter II (Sec. 2781 et

seq.) of chapter 34 of this title prior to repeal by Pub. L. 97-35,

title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. Section 625 of

the Act, which was subsequently renumbered section 624 of the Act

and related to the poverty line, was classified to section 2971d of

this title, prior to repeal by section 683(a) of Pub. L. 97-35. For

complete classification of this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 683 of Pub. L. 97-35 was classified to section

9911 of this title, prior to the general amendment of this chapter

by Pub. L. 105-285.

Another prior section 683 of Pub. L. 97-35 was renumbered section

684, and was classified to section 9912 of this title, prior to the

general amendment of this chapter by Pub. L. 105-285.

-End-

-CITE-

42 USC Sec. 9925 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9925. Demonstration partnership agreements addressing needs of

poor

-STATUTE-

(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) of this section 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 [42 U.S.C. 9901 et seq.]; and

(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)

of this section, 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) of this section, 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) of this section 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

(42 U.S.C. 9902(1)), except that such term includes an

organization that serves migrant and seasonal farm workers and

that receives a grant under the Community Services Block Grant

Act (42 U.S.C. 9901 et seq.) in the fiscal year preceding the

fiscal year for which such organization requests a grant under

this section; and

(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) of this section.

(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) of this section, 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.

-SOURCE-

(Pub. L. 99-425, title IV, Sec. 408, Sept. 30, 1986, 100 Stat. 972;

Pub. L. 101-204, title VII, Sec. 705, Dec. 7, 1989, 103 Stat. 1821;

Pub. L. 101-501, title VI, Secs. 601, 602, Nov. 3, 1990, 104 Stat.

1257, 1258; Pub. L. 103-252, title II, Sec. 207, May 18, 1994, 108

Stat. 656.)

-REFTEXT-

REFERENCES IN TEXT

The Community Services Block Grant Act, referred to in subsecs.

(a)(1)(C) and (g)(1), is subtitle B (Sec. 671 et seq.) of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is

classified generally to this chapter (Sec. 9901 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 9901 of this title and Tables.

Subsection (f) of this section, referred to in subsec. (h)(3),

was omitted from the Code.

-COD-

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 Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, the 4th

item on page 98 of House Document No. 103-7.

Section was formerly classified to section 9910b of this title.

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.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(3). Pub. L. 103-252, Sec. 207(1), added par.

(3).

Subsec. (b)(1)(B). Pub. L. 103-252, Sec. 207(2), substituted

"After the first funding period" for "After the first fiscal year".

Subsec. (c)(1). Pub. L. 103-252, Sec. 207(3)(A), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "In

addition to the grant programs described in subsection (a) of this

section, the Secretary shall make grants to eligible entities for

the purpose of demonstrating new and innovative approaches to

addressing the problems of, and providing opportunities for

leadership development, community involvement, and educational

success to, disadvantaged persons between the ages of 14 and 25

from populations experiencing conditions such as a high poverty

rate, high unemployment, high dropout rate, low labor force

participation, low enrollment in college or participation in other

post high school training classes, high incidence of involvement in

violence, and a high rate of incarceration. Services provided

through approaches funded by such grants may include assessment and

development of employability plans, remedial education,

motivational activities, life skills instruction, community

service, mentoring, access to information on available financial

aid, campus visits, career education, cultural enrichment, and

employment training, placement, and follow-up."

Subsec. (c)(4). Pub. L. 103-252, Sec. 207(3)(B), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "Such

grants shall be made annually on such terms and conditions as the

Secretary shall specify to eligible entities that serve the

populations described in paragraph (1) and that are located within

those areas where such populations are concentrated."

Subsec. (h). Pub. L. 103-252, Sec. 207(4), amended heading and

text of subsec. (h) generally. Prior to amendment, text read as

follows:

"(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). Pub. L. 101-501, Sec. 601(2), (3),

added subsec. (c) and redesignated former subsecs. (c) and (d) as

(d) and (e), respectively. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 101-501, Sec. 601(1), (2), redesignated

subsec. (e) as (f) and substituted "subsection (d)" for "subsection

(c)" in par. (2) and "subsection (e)(2)" for "subsection (d)(2)" in

par. (4). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 101-501, Sec. 601(2), redesignated subsec.

(f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 101-501, Secs. 601(2), 602, redesignated

subsec. (g) as (h), designated existing provisions as par. (1),

substituted "$10,000,000 for fiscal year 1991, and such sums as may

be necessary for each of the fiscal years 1992, 1993, and 1994" for

"$5,000,000 for each of the fiscal years 1987, 1988, and 1989, and

$7,000,000 for fiscal year 1990", inserted "(other than subsection

(c) of this section)" before period at end, and added par. (2).

1989 - Subsec. (a)(1). Pub. L. 101-204, Sec. 705(a)(1),

substituted "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" for

"provide for the self-sufficiency of the Nation's poor".

Subsec. (a)(1)(D). Pub. L. 101-204, Sec. 705(a)(2), added subpar.

(D).

Subsec. (b)(1). Pub. L. 101-204, Sec. 705(b)(1), designated

existing provisions as subpar. (A), substituted "Subject to

subparagraph (B), grants" for "Grants", struck out "new" before

"programs" wherever appearing, and added subpar. (B).

Subsec. (b)(3). Pub. L. 101-204, Sec. 705(b)(2), inserted "in

each fiscal year" after "than one grant", substituted "$350,000"

for "$250,000", and inserted at end "Not more than 2 grants may be

made under this section to an eligible entity to carry out a

particular program."

Subsec. (c). Pub. L. 101-204, Sec. 705(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "As

soon as practicable, but no later than 90 days after the expiration

of the fiscal year for which any grant is awarded under this

section, the Secretary shall prepare and make available upon

request to each State and eligible entity descriptions of the

demonstration programs assisted under this section, and any

relevant information developed and results achieved, so as to

provide models for innovative programs to other eligible entities."

Subsecs. (d), (e). Pub. L. 101-204, Sec. 705(f)(2), added

subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f)

and (g), respectively.

Subsec. (f). Pub. L. 101-204, Sec. 705(d), (f)(1), redesignated

subsec. (d) as (f) and inserted before semicolon in par. (1) ",

except that such term includes an organization that serves migrant

and seasonal farm workers and that receives a grant under the

Community Services Block Grant Act (42 U.S.C. 9901 et seq.) in the

fiscal year preceding the fiscal year for which such organization

requests a grant under this section".

Subsec. (g). Pub. L. 101-204, Sec. 705(e), (f)(1), redesignated

subsec. (e) as (g), substituted "are" for "is", and inserted "and

$7,000,000 for fiscal year 1990," after "1989,".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section

208 of Pub. L. 103-252, set out as a note under section 9901 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

EFFECTIVE DATE

Section effective Oct. 1, 1986, see section 1001 of Pub. L.

99-425, set out as an Effective Date of 1986 Amendment note under

section 8621 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9926 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM

-HEAD-

Sec. 9926. Projects to expand the number of job opportunities

available to certain low-income individuals

-STATUTE-

(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) of

this section 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 section 501(a) of title 26 by reason of

paragraph (3) or (4) of section 501(c) of such title.

(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 [42 U.S.C. 601 et seq.] of the State in which

the individual resides and any other individual whose income level

does not exceed 100 percent of the official poverty line as defined

by the Office of Management and Budget and revised in accordance

with section 9902(2) of this title.

(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) of this section) and individuals receiving

assistance under a State program funded under part A of title IV

of the Social Security Act [42 U.S.C. 601 et seq.] in the area to

be served by the project; and

(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 [42 U.S.C. 601 et seq.].

(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

[42 U.S.C. 601 et seq.] in the area served by the project.

(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.

-SOURCE-

(Pub. L. 100-485, title V, Sec. 505, Oct. 13, 1988, 102 Stat. 2404;

Pub. L. 101-508, title V, Sec. 5063, Nov. 5, 1990, 104 Stat.

1388-232; Pub. L. 103-432, title II, Sec. 261(a), Oct. 31, 1994,

108 Stat. 4467; Pub. L. 104-193, title I, Sec. 112, Aug. 22, 1996,

110 Stat. 2176; Pub. L. 105-33, title V, Sec. 5515, Aug. 5, 1997,

111 Stat. 620.)

-REFTEXT-

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, 49 Stat.

620, as amended. Part A of title IV of the Act is classified

generally to part A (Sec. 601 et seq.) of subchapter IV of chapter

7 of this title. For complete classification of this Act to the

Code, see section 1305 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 9910d of this title.

Prior to such classification, section was set out as a note under

section 1315 of this title.

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.

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(1)(C), (2). Pub. L. 105-33 which directed the

amendment of Pub. L. 104-193, Sec. 112(5), was executed to that

section as if the amendment were retroactive to the effective date

of the amendment by Pub. L. 104-193 to reflect the probable intent

of Congress. See 1996 Amendment notes below.

1996 - Pub. L. 104-193, Sec. 112(1), struck out "Demonstration"

before "projects" in section catchline.

Subsec. (a). Pub. L. 104-193, Sec. 112(2), (3), substituted

"shall enter into agreements with" for "in each of the fiscal years

1990, 1991, and 1992, shall enter into agreements with not less

than 5 nor more than 10" and "conducting projects" for "conducting

demonstration projects".

Subsec. (b)(1). Pub. L. 104-193, Sec. 112(2), struck out

"demonstration" after "organization conducting a".

Subsec. (b)(3). Pub. L. 104-193, Sec. 112(4), substituted

"assistance under the program funded part A of title IV of the

Social Security Act of the State in which the individual resides"

for "aid to families with dependent children under part A of title

IV of the Social Security Act".

Subsec. (c)(1)(C). Pub. L. 104-193, Sec. 112(5)(A), as amended by

Pub. L. 105-33, substituted "assistance under a State program

funded under part A of title IV of the Social Security Act" for

"aid to families with dependent children under title IV of the

Social Security Act".

Subsec. (c)(2). Pub. L. 104-193, Sec. 112(5)(B), as amended by

Pub. L. 105-33, substituted "assistance under a State program

funded under part A of title IV of the Social Security Act" for

"aid to families with dependent children under title IV of such

Act".

Subsec. (d). Pub. L. 104-193, Sec. 112(2), (6), struck out

"demonstration" after "organization participating in a" and

substituted "the State program funded under part A of title IV of

the Social Security Act" for "job opportunities and basic skills

training program (as provided for under title IV of the Social

Security Act)".

Subsecs. (e) to (g). Pub. L. 104-193, Sec. 112(7), added subsec.

(e) and struck out former subsec. (e) which related to duration of

demonstration projects under this section, subsec. (f) which

required evaluation of the success of each demonstration project,

and subsec. (g) which authorized appropriations for the conduct of

demonstration projects for each of fiscal years 1990 to 1996.

1994 - Subsec. (e). Pub. L. 103-432, Sec. 261(a)(1), substituted

"6-year period" for "3-year period".

Subsec. (f)(2). Pub. L. 103-432, Sec. 261(a)(2), substituted

"January 1, 1995" for "January 1, 1993".

Subsec. (g). Pub. L. 103-432, Sec. 261(a)(3), substituted "1991,

1992, 1993, 1994, 1995, and 1996" for "1991, and 1992".

1990 - Subsec. (a). Pub. L. 101-508, Sec. 5063(1), inserted "in

each of the fiscal years 1990, 1991, and 1992," before "shall".

Subsec. (e). Pub. L. 101-508, Sec. 5063(2), substituted

"September 30 of the fiscal year specified in the agreement

described in subsection (a) of this section" for "September 30,

1989".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 261(b) of Pub. L. 103-432 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1993."

-FOOTNOTE-

(!1) So in original. Probably should be "under part".

(!2) So in original.

-End-