• United States Code
• Title 42 - The Public Health and Welfare
• Chapter 106 - Community Services Block Grant Program

• (a) The Secretary is authorized to make grants in accordance with the provisions of this chapter, to States to ameliorate the causes of poverty in communities within the State.
• (b) There are authorized to be appropriated $525,000,000 for fiscal year 1995, and such sums as may be necessary for each of fiscal years 1996 through 1998, to carry out the provisions of this chapter.

9902. Definitions

For purposes of this chapter:

• (1) The term ''eligible entity'' means any organization which was officially designated as a community action agency or a community action program under the provisions of section 210 of the Economic Opportunity Act of 1964 (42 U.S.C. 2790) for fiscal year 1981, or which came into existence during fiscal year 1982 as a direct successor in interest to such a community action agency or community action program and meets all the requirements under section 9904(c)(3) of this title with respect to the composition of the board, unless such community action agency or a community action program lost its designation under section 210 of such Act as a result of a failure to comply with the provisions of such Act (42 U.S.C. 2701 et seq.). The term ''eligible entity'' also includes any limited purpose agency designated under title II of the Economic Opportunity Act of 1964 (42 U.S.C. 2781 et seq.) for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, unless such designated agency lost its designation under title II of such Act as a result of a failure to comply with the provisions of such Act, any grantee which received financial assistance under section 222(a)(4) of the Economic Opportunity Act of 1964 (42 U.S.C. 2809(a)(4)) in fiscal year 1981, and any organization to which a State which applied for and received a waiver from the Secretary under Public Law 98-139 made a grant under this Act in fiscal year 1984. If any geographic area of a State is not, or ceases to be, served by an eligible entity, the chief executive officer of the State may decide to serve such a new area by -
  • (A) requesting an existing eligible entity which is located and provides services in an area contiguous to the new area to serve the new area;
  • (B) if no existing eligible entity is located and provides services in an area contiguous to the new area, requesting the eligible entity located closest to the area to be served or an existing eligible entity serving an area within reasonable proximity of the new area to provide services in the new area; or
  • (C) where no existing eligible entity requested to serve the new area decides to do so, designating any existing eligible entity, any organization which has a board meeting the requirements of section 9904(c)(3) of this title or any political subdivision of the State to serve the new area. In making a designation under this subparagraph, such chief executive officer shall give priority to such organization. Such officer's designation of an organization which has a board meeting the requirements of section 9904(c)(3) of this title or a political subdivision of the State to serve the new area shall qualify such organization as an eligible entity under this Act.
  • (2) The term ''poverty line'' means the official poverty line defined by the Office of Management and Budget based on Bureau of the Census data. The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary deems feasible and desirable) which shall be used as a criterion of eligibility in community service block grant programs. 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 the State determines that it serves the objectives of the block grant established by 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) The term ''Secretary'' means the Secretary of Health and Human Services.
  • (4) The term ''State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

• (a) Allocations for technical assistance and training
  • (1) Of the amounts appropriated for a fiscal year pursuant to section 9901(b) of this title, the Secretary may reserve not less than one-half of 1 percent and not more than 1 percent for training, technical assistance, planning, evaluation, and data collection activities related to programs or projects carried out under this chapter. Such activities may be carried out by the Secretary through grants, contracts, or cooperative agreements with eligible entities or with organizations or associations whose membership is composed of eligible entities or agencies that administer programs for eligible entities.
  • (2) The process for determining the technical assistance and training activities to be carried out under this section shall -
    • (A) ensure the needs of community action agencies and programs relating to improving program quality, including financial management practices, are addressed to the maximum extent feasible; and
    • (B) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the community action State and national network.
• (b) Percentage apportionment; ''State'' defined
  • (1) The Secretary shall from the amount appropriated under section 9901 of this title for each fiscal year which remains after -
    • (A) the Secretary makes the apportionment required in subsection (b)(1) (FOOTNOTE 1) of this section; and

      (FOOTNOTE 1) So in original. Probably should be subsection ''(c)(1)''.

    • (B) the Secretary determines the amount necessary for the purposes of section 9910(d) of this title; allot to each State an amount which bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 2808 (FOOTNOTE 2) of this title bore to the total amount received by all States for fiscal year 1981 under such part, (FOOTNOTE 3) except that no State shall receive less than one-quarter of 1 percent of the amount appropriated under section 9901 of this title for such fiscal year.

      (FOOTNOTE 2) See References in Text note below.

      (FOOTNOTE 3) So in original. Probably should be ''such section,''.

  • (2)(A) Subject to subparagraphs (B) and (C), if the amount appropriated under section 9901 of this title for each fiscal year which remains after -
    • (i) the Secretary makes the apportionment required in subsection (b)(1) (FOOTNOTE 1) of this section; and
    • (ii) the Secretary determines the amount necessary for the purposes of section 9910(d) of this title; exceeds $345,000,000, the Secretary shall allot to each State not less than one-half of 1 percent of the amount appropriated under section 9901 of this title for such fiscal year.
    • (B) Subparagraph (A) shall not apply with respect to a fiscal year if the amount allotted under paragraph (1) to any State is less than the amount allotted under such paragraph to such State for fiscal year 1990.
    • (C) The amount allotted under subparagraph (A) to a State shall be reduced, if necessary, so that the aggregate amount allotted to such State under such subparagraph and paragraph (1) does not exceed 140 percent of the aggregate amount so allotted to such State for the fiscal year preceding the fiscal year for which a determination is made under this paragraph.
  • (3) For purposes of this subsection, the term ''State'' does not include Guam, American Samoa, the Virgin Islands of the United States, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
• (c) Special allocations to insular areas
  • (1) The Secretary shall apportion one-half of 1 percent of the amount appropriated under section 9901of this title for each fiscal year on the basis of need among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
  • (2) Each jurisdiction to which paragraph (1) applies may receive grants under this chapter upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this chapter, and which are consistent with the requirements of section 9904 of this title.
• (d) Allocations to Indian tribes; amount, conditions, etc.
  • (1) If, with respect to any State, the Secretary -
    • (A) 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
    • (B) 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 which would otherwise be allotted to such State under this chapter for the fiscal year the amount determined under paragraph (2).
    • (2) The Secretary shall reserve for the purpose of paragraph (1) from sums that would otherwise be allotted to such State not less than 100 percent of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all eligible Indians for whom a determination under this paragraph has been made bears to the population of all individuals eligible for assistance under this chapter in such State.
    • (3) The sums reserved by the Secretary on the basis of a determination under this subsection shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.
    • (4) In order for an Indian tribe or tribal organization to be eligible for an award for a fiscal year under this subsection, it shall submit to the Secretary a plan for such fiscal year which meets such criteria as the Secretary may prescribe by regulation.
    • (5) The terms ''Indian tribe'' and ''tribal organization'' mean those tribes, bands, or other organized groups of Indians recognized in the State in which they reside or considered by the Secretary of the Interior to be an Indian tribe or an Indian organization for any purpose.

• (a) Form and assurances

  Each State desiring to receive an allotment for a fiscal year under this chapter shall submit an application to the Secretary. Each such application shall be in such form as the Secretary shall require. Each such application or significant amendments thereof shall contain assurances by the chief executive officer of the State that the State will comply with subsection (b) of this section and will meet the conditions enumerated in subsection (c) of this section.

• (b) Public hearings on use and distribution of funds for subsequent fundings

  After the expiration of the first fiscal year in which a State received funds under this chapter, no funds shall be allotted to such State for any fiscal year under this chapter unless the legislature of the State conducts public hearings on the proposed use and distribution of funds to be provided under this chapter for such fiscal year.

• (c) Certifications required

  As part of the annual application required by subsection (a) of this section, the chief executive officer of each State shall certify that the State agrees to -

  • (1) ensure that, at its discretion and consistent with agreements with the State, each recipient of funds available under this chapter will use such funds -
    • (A) to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem;
    • (B) to provide activities designed to assist low-income participants including homeless individuals and families, migrants, and the elderly poor -
      • (i) to secure and retain meaningful employment;
      • (ii) to attain an adequate education;
      • (iii) to make better use of available income;
      • (iv) to obtain and maintain adequate housing and a suitable living environment;
      • (v) to obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and employment-related assistance;
      • (vi) to remove obstacles and solve problems which block the achievement of self-sufficiency;
      • (vii) to achieve greater participation in the affairs of the community; and
      • (viii) to make more effective use of other programs related to the purposes of this chapter;
    • (C) to provide on an emergency basis for the provision of such supplies and services, nutritious foodstuffs, and related services, as may be necessary to counteract conditions of starvation and malnutrition among the poor;
    • (D) to coordinate and establish linkages between governmental and other social services programs to assure the effective delivery of such services to low-income individuals; and
    • (E) to encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community;
  • (2)(A) use, for fiscal year 1985 and for each subsequent fiscal year, not less than 90 percent of the funds allotted to the State under section 9903 of this title to make grants to use for the purposes described in clause (1) to eligible entities (as defined in section 9902(1) of this title) or to organizations serving seasonal or migrant farmworkers, except that no more than 7 percent of the funds available for this subclause shall be granted to organizations which were not eligible entities during the previous fiscal year; and
    • (B) if less than 100 percent of the allotment is expended under subparagraph (A), provide assurances that with respect to the remainder of the allotment a reasonable amount shall be used for -
      • (i) providing training and technical assistance to those entities in need of such assistance and such activities will not be considered administrative expenses;
      • (ii) coordinating State-operated programs and services targeted to low-income children and families with services provided by eligible entities funded under this chapter, including outposting appropriate State or local public employees into entities funded under this chapter to ensure increased access to services provided by such State or local agencies;
      • (iii) supporting statewide coordination and communication among eligible entities;
      • (iv) administrative expenses at the State level, including monitoring activities, but not more than $55,000 or 5 percent of its allotment under section 9903 of this title; and
      • (v) considering the distribution of funds under this chapter within the State to determine if such funds have been targeted to the areas of greatest need.
  • (3) provide assurances that (A) in the case of a community action agency or nonprofit private organization, each board will be selected by the community action agency or nonprofit private organization and constituted so as to assure that (i) one-third of the members of the board are elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement; (ii) at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; and (iii) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community, and (B) in the case of a public organization receiving funds under this chapter, such organization either establish -
    • (i) a board of which at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; or
    • (ii) another mechanism specified by the State to assure low-income citizen participation in the planning, administration, and evaluation of projects for which such organization has been funded;; (FOOTNOTE 1)

      (FOOTNOTE 1) So in original.

  • (4) give special consideration in the designation of local community action agencies under this chapter to any community action agency which is receiving funds under any Federal antipoverty program on August 13, 1981, except that (A) the State shall, before giving such special consideration, determine that the agency involved meets program and fiscal requirements established by the State; and (B) if there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, the State shall give special consideration in the designation of community action agencies to any successor agency which is operated in substantially the same manner as the predecessor agency which did receive funds in the fiscal year preceding the fiscal year for which the determination is made;
  • (5) provide assurances that the State may transfer funds, but not to exceed 5 percent of its allotment under section 9903 of this title, for the provisions set forth in this chapter to services under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Head Start program under subchapter II of chapter 105 of this title, the energy crisis intervention program under subchapter II of chapter 94 of this title (relating to low-income home energy assistance), or the Emergency Food Assistance Act of 1983;
  • (6) prohibit any political activities in accordance with subsection (e) of this section;
  • (7) prohibit any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity;
  • (8) provide for coordination between antipoverty programs in each community, where appropriate, with emergency energy crisis intervention programs under subchapter II of chapter 94 of this title (relating to low-income home energy assistance) conducted in such community;
  • (9) provide that fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this chapter, including procedures for monitoring the assistance provided under this chapter, and provide that at least every year each State shall prepare, in accordance with subsection (f) of this section, an audit of its expenditures of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter;
  • (10) permit and cooperate with Federal investigations undertaken in accordance with section 9908 of this title;
  • (11) provide assurances that any community action agency or migrant and seasonal farmworker organization which received funding in the previous fiscal year under this Act will not have its present or future funding terminated under this Act, or reduced below the proportional share of funding it received in the previous fiscal year, unless after notice, and opportunity for hearing on the record, the State determines that cause existed for such termination or such reduction subject to the procedures and review by the Secretary as provided in section 9905a of this title.
    • (A) For purposes of making a determination with respect to a funding reduction, the term ''cause'' includes -
      • (i) a statewide redistribution of funds under this chapter to respond to -
        • (aa) the results of the most recently available census or other appropriate data;
        • (bb) the establishment of a new eligible entity;
        • (cc) severe economic dislocation; and
      • (ii) the failure of an eligible entity to comply with the terms of its agreement to provide services under this chapter; and
    • (B) for (FOOTNOTE 2) purposes of making a determination with respect to a termination, the term ''cause'' includes the material failure of an eligible entity to comply with the terms of its agreement and community action plan to provide services under this chapter;

      (FOOTNOTE 2) So in original. Probably should be capitalized.

  • (12) in the case of a State which applied for and received a waiver from the Secretary under Public Law 98-139, provide assurances that funds will not be provided under this chapter by such State to an organization to which such State made a grant under this chapter in fiscal year 1984 unless such organization allows, before expending such funds, low-income individuals to comment on the uses for which such organization proposes to expend such funds;
  • (13) secure from each eligible entity as a condition to its receipt of funding under this Act a community action plan (which shall be available to the Secretary for inspection) that includes -
    • (A) a community needs assessment (including food needs);
    • (B) a description of the service delivery system targeted to low-income individuals and families in the service area;
    • (C) a description of how linkages will be developed to fill identified gaps in services through information, referral, case management, and followup consultations;
    • (D) a description of how funding under this Act will be coordinated with other public and private resources; and
    • (E) a description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization; and
  • (14) provide assurances that cost and accounting standards of the Office of Management and Budget shall apply to a recipient of funds under this chapter. The Secretary may prescribe procedures only for the purpose of assessing the effectiveness of eligible entities in carrying out the purposes of this chapter. The Secretary shall provide to the chief executive officer of each State appropriate information regarding designated limited purpose agencies and grantees which meet the requirements of the second sentence of section 9902(1) of this title.
• (d) State plans
  • (1) In addition to the requirements of subsection (c) of this section, the chief executive officer of each State shall prepare and furnish to the Secretary a plan which contains provisions describing how the State will carry out the assurances contained in subsection (c) of this section. The chief executive officer of each State may revise any plan prepared under this paragraph and shall furnish the revised plan to the Secretary.
  • (2) Each plan or revision prepared under paragraph (1) shall be made available for public inspection within the State in such a manner as will facilitate review of, and comment on, the plan.
  • (e) Repealed. Pub. L. 103-94, Sec. 6, Oct. 6, 1993, 107 Stat. 1005
  • (f) Conduct of independent audits; copies to State legislatures

    Each audit required by subsection (c)(9) 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. Within 30 days after the completion of each audit, the chief executive officer of the State shall submit a copy of such audit to the eligible entity at no charge, to the legislature of the State and to the Secretary.

  • (g) Repayment of funds expended improperly

    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.

  • (h) Periodic evaluations of expenditures by Comptroller General

    The Comptroller General of the United States shall, from time to time, evaluate the expenditures by States (including any State that received a waiver under Public Law 98-139) of grants under this chapter in order to assure that expenditures are consistent with the provisions of this chapter and to determine the effectiveness of the State in accomplishing the purposes of this chapter.

  9905. Office of Community Services; establishment; function

  • (a) There is established in the Department of Health and Human Services an Office of Community Services. The Office shall be headed by a Director.
  • (b) The Secretary shall carry out his functions under this chapter through the Office of Community Services established in subsection (a) of this section.

  9905a. Procedures for a review of termination or reduction of funding

  • (a) Assumption by Secretary of responsibility for financial assistance in case of State violation of assurances

    Whenever a State violates the assurances contained in section 9904(c)(11)of this title and terminates or reduces the funding of a community action agency or migrant and seasonal farmworker organization prior to the completion of the State's hearing and the Secretary's review as required in section 9908 of this title, the Secretary shall assume responsibility for providing financial assistance to the community action agency or migrant and seasonal farmworker organization affected. The allotment for the State shall be reduced by an amount equal to the funds provided under this section by the Secretary to such agency or organization.

  • (b) Review of termination or reduction of funding upon request

    The Secretary shall upon request review any termination or reduction of funding to a community action agency or migrant and seasonal farmworker organization protected by a State's assurance under section 9904(c)(11) of this title. Such review shall be conducted promptly and shall be based upon the record and no determination shall become effective until a finding by the Secretary confirming the State's finding of cause.

  • (c) Conduct of review through Office of Community Services

    The Secretary shall conduct the review under subsection (b) of this section through the Office of Community Services, which shall promptly conduct such review and issue a written determination together with the reasons of the Secretary therefor.

  9906. Nondiscrimination provisions

  • (a) Prohibitions

    No person shall on the ground 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 handicapped individual as provided in section 794 of title 29 shall also apply to any such program or activity.

  • (b) Procedures applicable to secure compliance

    Whenever the Secretary determines that a State that has received a payment under this chapter has failed to comply with subsection (a) of this section or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to 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 (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) 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.), or section 794 of title 29, as may be applicable; or (3) take such other action as may be provided by law.

  • (c) Maintenance of civil actions

    When a matter is referred to the Attorney General pursuant to subsection (b) of this section, or whenever he has reason to believe that the State is engaged in a pattern or practice in violation of the provisions of this section, 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.

  9907. Payments to States

  • (a) From its allotment under section 9903 of this title, the Secretary shall make payments to each State in accordance with section 6503(a) of title 31, for use under this chapter.
  • (b) Payments to a State from its allotment for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year.

  9908. Withholding of funds

  • (a) Substantial noncompliance with conditions and requirements
    • (1) The Secretary shall, after adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State which does not utilize its allotment substantially in accordance with the provisions of this chapter and the assurances such State provided under section 9904 of this title.
    • (2) 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 or the assurances provided by the State under section 9904 of this title. For purposes of this paragraph, a violation of any one of the assurances contained in section 9904(c) of this title that constitutes a disregard of that assurance shall be considered a serious complaint.
  • (b) Investigations
    • (1) The Secretary shall conduct in several States in each fiscal year evaluations and 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 subsections (a) and (b) of section 9904 of this title, and clauses (1) through (11) of subsection (c) of such section. Each such evaluation shall include identifying the impact that assistance furnished under this chapter has on children, pregnant adolescents, homeless families, and the elderly poor. A report of the evaluation, together with recommendations of improvements designed to enhance the benefit and impact to people in need, will be sent to each State evaluated. Upon receiving the report the State will then submit a plan of action in response to the recommendation contained in the report. The results of the evaluation shall be submitted annually to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on Labor and Human Resources of the Senate.
    • (2) Whenever the Secretary determines that there is a pattern of complaints 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.
    • (3) The Comptroller General of the United States shall conduct an investigation of the use of funds received under this chapter by a State in order to ensure compliance with the provisions of this chapter.
  • (c) Availability of books, documents, papers, and records

    Pursuant to an investigation conducted under subsection (b) of this section, a State shall make appropriate books, documents, papers, and records available to the Secretary or 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 therefor.

  9909. Limitation on use of grants for construction; waiver

  • (a) Except as provided in subsection (b) of this section, grants made under this chapter (other than amounts made available under section 9910(d) 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.
  • (b) The Secretary may waive the limitation contained in subsection (a) of this section upon the State's request for such a waiver if he 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 State's ability to carry out the purposes of this chapter.

  9910. Discretionary authority of Secretary

  • (a) Training and activities of national or regional significance

    The Secretary is authorized to make grants, loans, or guarantees to States and public agencies and private nonprofit organizations, or to enter into contracts or jointly financed cooperative arrangements with States and public agencies and private nonprofit organizations, to provide for ongoing activities of national or regional significance related to the purposes of this chapter, with special emphasis on -

    • (1) a Community Initiative Program, awarded on a competitive basis, to fund private, nonprofit community development corporations for purposes of planning and carrying out community and economic development activities in economically distressed areas and in rural areas, as described in subsection (c) of this section;
    • (2) grants to support the design, development, and widespread availability of interactive information technology among the nationwide network of Community Service Block Grant eligible entities, State administrators, national associations and organizations, and program recipients to promote electronic communication and access to program information that would enhance the effective delivery of social services; and
    • (3) grants to nonprofit private organizations that provide assistance for migrants and seasonal farmworkers.
  • (b) Community initiative program
    • (1) In general
      • (A) Economic development activities

        Economic development activities under this section shall be 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) in consultation with other relevant Federal officials.

      • (C) Governing boards

        Each community development corporation receiving funds under this section 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 providing assistance or entering into other arrangements under this section, the Secretary shall take into consideration the geographic distribution of funds among States and the relative proportion of funding among rural and urban areas.

      • (E) Reservation

        Of the amounts made available to carry out this section, the Secretary may reserve not to exceed 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 projects funded under this section and to evaluate projects funded under this section.

    • (2) Rural community development activities

      Rural community development activities under this section shall include -

      • (A) grants to private, nonprofit corporations that provide assistance to rural low-income families in home repair and in planning and developing low-income rural rental housing units; and
      • (B) grants to multistate, regional private, nonprofit organizations that provide training and technical assistance to small, rural communities in meeting their community facility needs.
  • (c) Final reports by recipients of assistance; summarization and transmittal to committees of Congress; catalog of projects assisted
    • (1) The final reports submitted by recipients of assistance under this section on projects completed with such assistance shall be summarized and reported by the Secretary annually to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on Labor and Human Resources of the Senate. The report shall contain a list of recipients who have received assistance under this section outside of the competitive process.
    • (2) The Secretary shall, at the end of each fiscal year, prepare and distribute a catalog listing all the projects assisted under clause (A) of subsection (a)(2) of this section in such fiscal year. The catalog shall include -
      • (A) a description of each project;
      • (B) an identification of the agency receiving the award, including the name and address of the principal investigator;
      • (C) a description of the project objectives; and
      • (D) a statement of the accomplishments of the project.
  • (d) Availability of amounts authorized for any fiscal year

    Of the amounts appropriated under section 9901(b) of this title for any fiscal year, not more than 9 percent of such amounts shall be available to the Secretary for purposes of carrying out this section, section 9911 (FOOTNOTE 1) of this title, and subchapter I of chapter 105 of this title.

    (FOOTNOTE 1) See References in Text note below.

  9910a. Community food and nutrition

  • (a) Authority; Secretary; programs

    The Secretary may through grants to public and private nonprofit agencies, provide for community-based, local, statewide, and national programs -

    • (1) to coordinate existing private and public food assistance resources, whenever such coordination is determined 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 new 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 people.
  • (b) Allotment of funds
    • (1) Of the amount appropriated for a fiscal year to carry out this section, the Secretary shall allot funds for grants under subsection (a) of this section as follows:
      • (A) From 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 60 percent of the amount appropriated for such fiscal year as the low-income and unemployed population of such State bear to the low-income and unemployed populations of all the States.
      • (B) From 40 percent of such amount (but not to exceed $2,400,000), the Secretary shall allot for grants on a competitive basis to eligible agencies for local and statewide programs.
    • (2) Any amounts appropriated for a fiscal year to carry out this section in excess of $6,000,000 shall be allotted as follows:
      • (A) The Secretary shall use 40 percent of such excess to make allotments for grants under subsection (a) of this section to eligible agencies for statewide programs in each State in an aggregate amount that bears the same ratio to 40 percent of such excess as the low-income and unemployed populations of such State bears to the low-income and unemployed populations of all States.
      • (B) The Secretary shall use 40 percent of such excess to award grants under subsection (a) of this section on a competitive basis to eligible agencies for local and statewide programs.
      • (C) The Secretary shall use the remaining 20 percent of such excess to award grants under subsection (a) of this section on a competitive basis to eligible agencies for nationwide programs, including programs benefiting Native Americans and migrant farm workers. In any fiscal year, the Secretary may not make grants under this subparagraph to a particular eligible agency in an aggregate amount exceeding $300,000.
    • (3) For purposes of paragraphs (1)(A) and (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) From the amounts allocated under paragraphs (1)(A) and (2)(A), the minimum total allotment for each State for each fiscal year shall be -
      • (A) $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;
      • (B) $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
      • (C) $30,000 if the total amount appropriated to carry out this section is not less than $15,000,000. For purposes of this paragraph, the term ''State'' does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
    • (5) From funds allotted under paragraphs (1)(B) and (2)(B) in 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.
  • (c) Report to Congress

    For each fiscal year, the Secretary shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report concerning the grants awarded under this section. Such report shall include -

    • (1) a list of grantees;
    • (2) the amount of funding awarded to each grantee; and
    • (3) a summary of the activities performed by grantees with funds 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 $25,000,000 for fiscal year 1995, and such sums as may be necessary for each of fiscal years 1996 through 1998, to carry out this section.

  9910b. Demonstration partnership agreements addressing needs of poor

  • (a) General authority
    • (1) In order to stimulate the development of new approaches to provide for greater self-sufficiency of the poor, to test and evaluate such new approaches, to disseminate project results and evaluation findings so that such approaches can be replicated, and to strengthen the integration, coordination, and redirection of activities to promote maximum self-sufficiency among the poor, the Secretary may make grants from funds appropriated under subsection (e) 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) Report to Congress

    The Secretary shall submit annually, to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report containing -

    • (1) a description of -
      • (A) programs for which grants under this section in the then most recently completed fiscal year; and
      • (B) the evaluations received under subsection (a)(1)(D) of this section in such fiscal year; and
    • (2) a description of the methods used by the Secretary to comply with subsection (d) of this section;
    • (3) recommendations of the Secretary regarding the suitability of carrying out such programs with funds made available under other Federal laws; and
    • (4) a description of each program identified under subsection (d)(1) (FOOTNOTE 1) of this section or replicated under subsection (e)(2) of this section, and an identification of the geographical location where such program was carried out.

      (FOOTNOTE 1) So in original. Probably should be subsection ''(e)(1)''.

  • (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) 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.

    9910c. National or regional programs designed to provide instructional activities for low-income youth

    • (a) General authority

      The Secretary of Health and Human Services 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 a priority to eligible service providers that have a demonstrated ability to operate such a program.

    • (b) Program requirements
      • (1) (FOOTNOTE 1) Any instructional activity carried out by an eligible service provider receiving a grant under this subsection shall be carried out on the campus of an institution of higher education (as defined in section 1141(a) of title 20) and shall include -

        (FOOTNOTE 1) So in original. No par. (2) has been enacted.

        • (A) access to the facilities and resources of such an institution;
        • (B) an initial medical examination and follow-up referral or treatment, without charge, for youth during their participation in such activity;
        • (C) at least one nutritious meal daily, without charge, for participating youth during each day of participation;
        • (D) 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 sections 2891(8) and 2891(21)

          (FOOTNOTE 2) of title 20); and

          (FOOTNOTE 2) See References in Text note below.

        • (E) enrichment instruction and information on matters relating to the well-being of youth, to include educational opportunities and study practices, education for the prevention of drugs and alcohol abuse, health and nutrition, career opportunities and family and job responsibilities.
    • (c) Eligible providers

      A national private nonprofit organization, a coalition of such organizations, or a private nonprofit organization applying jointly with a business concern shall be eligible for a grant under this subsection if -

      • (1) the applicant has demonstrated experience in operating a program providing instruction to low-income youth;
      • (2) the applicant shall contribute amounts in cash or fairly evaluated in kind of no less than 25 percent of the amount requested;
      • (3) the applicant shall 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 of Health and Human Services for use of funds made available by this grant.
    • (d) Applications process

      Eligible service providers may submit to the Secretary of Health and Human Services, for approval, an application in such form at such time as the Secretary deems appropriate.

    • (e) Promulgation of regulations or program guidelines

      The Secretary of Health and Human Services shall promulgate regulations or program guidelines to ensure funds made available under a grant made under this section are used in accordance with the intentions of this Act.

    • (f) Authorization of appropriations

      There is authorized to be appropriated $15,000,000 for each fiscal year 1995, 1996, 1997, and 1998 for grants to carry out this section.

  9911. Annual report

  • (a) Contract; contents
    • (1) For each fiscal year beginning after September 30, 1991, the Secretary shall, by awarding a grant or contract to an entity that is knowledgeable about programs and projects assisted under section 9903 of this title, prepare a report containing the following information:
      • (A) The uses of the Community Services Block Grant to the States that are related to the purposes of the (FOOTNOTE 1) chapter.

        (FOOTNOTE 1) So in original. Probably should be ''this''.

      • (B) The number of entities eligible for funds under this chapter, the number of low-income persons served under this chapter, and that amount of information concerning the demographics of the low-income populations served by such eligible entities as is determined to be feasible.
      • (C) Any information in addition to that described in subparagraph (B) that the Secretary considers to be appropriate to carry out this chapter, except that the Secretary may not require a State to provide such additional information until the expiration of the 1-year period beginning on the date on which the Secretary notifies such State that such additional information will be required to be provided.
    • (2) In selecting an entity to prepare a report under this subsection, the Secretary shall give a preference to any nonprofit entity that has demonstrated the ability to secure the voluntary cooperation of grantees under this chapter in designing and implementing national Community Services Block Grant information systems.
  • (b) Submission to Congress

    The Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate -

    • (1) such report in the form in which it was received by the Secretary; and
    • (2) any comments the Secretary may have with respect to such report.
  • (c) Available funds

    Of the funds made available under section 9910(d) of this title, not more than $250,000 shall be available to carry out this section.

• (a) Repeal of other statutory provisions

  Effective October 1, 1981, the Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.), other than titles VIII and X of such Act (42 U.S.C. 2991 et seq., 2996 et seq.), is repealed.

• (b) Reauthorization of appropriations

  There is authorized to be appropriated such sums as may be necessary for each of the fiscal years 1982, 1983, and 1984, to carry out title VIII of the Economic Opportunity Act of 1964 (42 U.S.C. 2991 et seq.).

• (c) Conforming provisions
  • (1) 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 (42 U.S.C. 2971d) shall be construed to be a reference to the poverty line defined in section 9902(2) of this title.
  • (2) Any reference in any provision of law to any community action agency designated under title II of the Economic Opportunity Act of 1964 (42 U.S.C. 2781 et seq.) shall be construed to be a reference to private nonprofit community organizations eligible to receive funds under this chapter.
  • (3) No action or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any agency administering the Act repealed by subsection (a) of this section shall abate by reason of the enactment of this Act.