CORRECTIVE REPRINT
SENATE AMENDED
PRIOR PRINTER'S NOS. 2458, 3714, 3776, PRINTER'S NO. 3844
3800
No. 1875 Session of 1985
INTRODUCED BY STEWART, MILLER AND PIEVSKY, NOVEMBER 12, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 1986
AN ACT
1 Providing for a community services block grant program; and
2 further providing for powers and duties of the Department of
3 Community Affairs.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Declaration of policy.
7 Section 3. Definitions.
8 Section 4. Eligibility for community services block grant funds
9 and designation of community action agencies.
10 Section 5. Community action agencies and board.
11 Section 6. Financial assistance for community services block
12 grant program.
13 Section 7. Monitoring of community action agency.
14 Section 8. Fiscal control and fund accounting.
15 Section 9. Remedies.
16 Section 10. Waivers.
1 Section 11. Expiration.
2 Section 12. Effective date.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Community
7 Services Act.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) It is the intention of the General Assembly as a
11 matter of public policy to affirm the commitment of the
12 Commonwealth to ameliorating the causes and effect of poverty
13 by:
14 (i) Providing a range of services and activities
15 having a measurable and potentially major impact on the
16 causes of poverty in the community and establishing
17 grants for organizations providing services to migrant
18 and seasonal farmworkers.
19 (ii) Providing activities designed to assist low-
20 income participants in obtaining employment, education,
21 housing, emergency assistance, transportation and other
22 necessities.
23 (iii) Providing, on an emergency basis, for the
24 provision of such supplies and services, nutritious
25 foodstuffs and related services as may be necessary to
26 counteract conditions of starvation and malnutrition
27 among the poor.
28 (iv) Coordinating and establishing linkages between
29 governmental and other social service programs to assure
30 the effective delivery of services to low-income
19850H1875B3844 - 2 -
1 individuals.
2 (v) Encouraging the use of entities in the private
3 sector in efforts to ameliorate poverty in the community.
4 (2) It is also the intention of the General Assembly to
5 stimulate a better focusing of human and financial resources
6 on the goal of eliminating poverty by providing for the
7 continuity of programs which presently exist throughout this
8 Commonwealth for this stated purpose.
9 (3) By so doing, it is the intention of the General
10 Assembly to set forth the policies which shall govern the
11 administration of the community services block grant or
12 subsequent funding mechanisms established for similar
13 purposes. This block grant was created by the Omnibus Budget
14 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357)
15 and follows the provisions defined in that act.
16 Section 3. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Community action agency." Any organization which was
21 officially designated by county commissioners or mayors as such
22 under the Omnibus Budget Reconciliation Act of 1981 (Public Law
23 97-35, 95 Stat. 357) or established pursuant to this act, whose
24 structure and functions are further defined in sections 4 and 5.
25 "COMMUNITY FOOD AND NUTRITION PROGRAM." A PROGRAM WHEREBY <--
26 GRANTS ARE MADE TO STATE AND LOCAL HUNGER PREVENTION
27 ORGANIZATIONS FOR ACTIVITIES WHICH ADDRESS THE FOOD AND
28 NUTRITION NEEDS OF LOW-INCOME POPULATIONS, ESPECIALLY HIGH RISK
29 CHILDREN, AS OUTLINED IN SECTION 681A(A) OF THE COMMUNITY
30 SERVICES BLOCK GRANT ACT (PUBLIC LAW 98-558, 42 U.S.C. § 9910A).
19850H1875B3844 - 3 -
1 "Community services block grant." A program authorized by
2 the Omnibus Budget Reconciliation Act of 1981 which follows the
3 provision defined in Title XVII, Subtitle C, Chapter 2, which is
4 intended to be used by the Commonwealth for programs to
5 ameliorate the causes and effects of poverty.
6 "Community Services Block Grant Advisory Task Force." An
7 advisory panel established by the department pursuant to the
8 Omnibus Budget Reconciliation Act of 1981 to:
9 (1) coordinate and establish linkages between
10 governmental and other social services programs as
11 established by this act to assure the effective delivery of
12 such services to low-income individuals; and
13 (2) encourage the use of entities in the private sector
14 of the community to ameliorate poverty.
15 "Department." The Department of Community Affairs of the
16 Commonwealth, or the designated agency responsible for the
17 administration of community service block grant funds.
18 "Eligible entity." Any agency or organization designated in
19 the Omnibus Budget Reconciliation Act of 1981 as an eligible
20 recipient of community services block grant funds, including a
21 limited purpose agency and a Statewide migrant and seasonal
22 farmworkers' organization.
23 "Limited purpose agency." An agency that was funded under
24 Title II of the Economic Opportunity Act of 1964 (Public Law 88-
25 452, 78 Stat. 508) for a limited functional or geographical
26 purpose and recognized as a community action program under the
27 Omnibus Budget Reconciliation Act of 1981.
28 "Secretary." The Secretary of Community Affairs of the
29 Commonwealth, or the designated individual responsible for the
30 administration of community service block grant funds.
19850H1875B3844 - 4 -
1 Section 4. Eligibility for community services block grant funds
2 and designation of community action agencies.
3 (a) Community action agency receives block grants.--Each
4 county and first and second class city within this Commonwealth
5 to receive funds under this act shall have a community action
6 agency designated to receive community services block grant
7 funds. These community action agencies may be an arm of the
8 designating unit of government or nonprofit private community
9 organization, constituted so that one-third of the members of
10 the board of directors are elected public officials currently
11 holding offices or their representatives, except that if the
12 number of elected officials reasonably available and willing to
13 serve is less than one-third of the board membership, membership
14 on the board of appointive officials may be counted in meeting
15 such one-third requirement; at least one-third are persons
16 chosen in accordance with democratic selection procedures
17 adequate to assure that they are representative of the poor in
18 the area served; and the remainder of the members are officials
19 or members of business, industry, labor, religious, welfare,
20 education, or other major groups and interests in the community.
21 (b) Present agencies included for eligibility.--This
22 designation includes all present community action agencies and
23 other eligible entities established under the Omnibus Budget
24 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357). In
25 counties and first and second class cities where there is no
26 community action agency, the department shall provide services
27 through another eligible agency, which shall receive community
28 service block grant funds specifically for this purpose.
29 Section 5. Community action agencies and board.
30 (a) Powers of agency.--Each community action agency
19850H1875B3844 - 5 -
1 designated and created pursuant to the criteria set forth in
2 section 4 shall:
3 (1) Develop and implement programs and projects designed
4 in accordance with Federal regulations established under the
5 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
6 95 Stat. 357) to serve the poor or low-income areas with
7 maximum feasible participation of residents of the areas and
8 members of the groups served, so as to best stimulate and
9 take full advantage of capabilities for self-advancement and
10 assure that those programs and projects are otherwise
11 meaningful to and widely utilized by their intended
12 beneficiaries.
13 (2) Be a continuing and effective mechanism for securing
14 broad community involvement in the programs assisted under
15 this act.
16 (3) Provide effective coordination of existing community
17 action programs with other Federal and State funds provided
18 within the jurisdictional area targeted to the low-income
19 population to avoid duplication of efforts within the area.
20 (b) Functions of agency.--In exercising its powers and
21 carrying out its overall responsibility for a community action
22 program, a community action agency shall have, subject to the
23 purposes of this act, at least the following functions:
24 (1) Planning systematically for and evaluating the
25 programs, including actions to develop information as to the
26 problems and causes of poverty in the community; determining
27 how much and how effectively assistance is being provided to
28 deal with those problems and causes; and establishing
29 priorities among projects, activities and areas as needed for
30 the best and most efficient use of resources.
19850H1875B3844 - 6 -
1 (2) Encouraging agencies engaged in activities related
2 to the community action program to plan for, secure and
3 administer assistance available under this act or from other
4 sources on a common or cooperative basis; providing planning
5 or technical assistance to those agencies; and generally, in
6 cooperation with community agencies and officials,
7 undertaking actions to improve existing efforts to attack
8 poverty, such as improving day-to-day communication, closing
9 service gaps, focusing resources on the most needy and
10 providing additional opportunities to low-income individuals
11 for regular employment or participation in the programs or
12 activities for which those community agencies and officials
13 are responsible.
14 (3) Initiating and sponsoring projects responsive to
15 needs of the poor which are not otherwise being met, with
16 particular emphasis on providing central or common services
17 that can be drawn upon by a variety of related programs;
18 developing new approaches or new types of services that can
19 be incorporated into other programs; and filling gaps pending
20 the expansion or modification of those programs.
21 (4) Establishing effective procedures by which the poor
22 and area residents concerned will be enabled to influence the
23 character of programs affecting their interests, and
24 providing technical and other support needed to enable the
25 poor and neighborhood groups to secure on their own behalf
26 available assistance from public and private sources.
27 (5) Joining with and encouraging business, labor and
28 other private groups and organizations to undertake, together
29 with public officials and agencies, activities in support of
30 the community action program which will result in the
19850H1875B3844 - 7 -
1 additional use of private resources and capabilities, with a
2 view to such things as developing new employment
3 opportunities, stimulating investment that will have a
4 measurable impact in reducing poverty among residents of
5 areas of concentrated poverty, and providing methods by which
6 residents of those areas can work with private groups, firms
7 and institutions in seeking solutions to problems of common
8 concern.
9 (c) Prohibition of activities.--No community action agency
10 or limited purpose agency receiving funds pursuant to this act
11 may use those funds to engage in organized political activity, <--
12 including, but not limited to, endorsement of candidates for
13 public office, political fundraising, activities to provide <--
14 voters and prospective voters with transportation to the polls
15 or provide similar assistance in connection with an election or <--
16 NOR SHALL FUNDS RECEIVED PURSUANT TO THIS ACT BE EXPENDED FOR <--
17 PROVIDING TRANSPORTATION OF VOTERS TO THE POLLS ON A NONPARTISAN
18 BASIS, any NONPARTISAN voter registration activity or lobbying <--
19 efforts at the local, State or Federal level.
20 Section 6. Financial assistance for community services block
21 grant program.
22 (a) Apportionment of appropriations.--To help meet the
23 department's objective of establishing community action agencies
24 to provide services to all counties within this Commonwealth,
25 the sum appropriated under the community services block grant
26 shall be distributed as follows:
27 (1) No greater than 5% shall be allotted to the
28 department for the administration of program operations.
29 (2) No less than 5% may be allotted at the discretion of
30 the secretary FOR A RANGE OF ACTIVITIES, INCLUDING THE <--
19850H1875B3844 - 8 -
1 FUNDING OF COMMUNITY FOOD AND NUTRITION PROGRAMS in a manner
2 consistent with this act.
3 (3) Of the remaining 90%, no greater than 5% may be
4 alloted to establish community action agencies in those areas
5 currently unserved; no less than 85% shall be reserved for
6 existing community action agencies and other eligible
7 entities as defined in section 3.
8 (4) A formula basis shall be established for the
9 distribution of funds reserved for community action agencies.
10 The formula shall include consideration of the number of
11 persons below the poverty level and the number of persons
12 unemployed, as determined annually by the United States
13 Department of Labor, and shall include a minimum funding
14 level of community services block grant funds for existing
15 community action agencies meeting the requirements of the
16 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
17 95 Stat. 357) and a Statewide migrant and seasonal
18 farmworkers' organization approved by the secretary.
19 (5) A minimum funding level of only community service
20 block grant funds shall be set at $150,000.
21 (6) In the event Federal funds are insufficient to meet
22 the minimum funding levels, the determination of annual
23 funding levels shall be made by the secretary based on input
24 from the local agencies and the Community Services Block
25 Grant Advisory Task Force.
26 (b) Grant prerequisite.--The secretary shall require, as a
27 condition of assistance, that each community action agency or
28 other eligible agency designated for funding adopt a systematic
29 approach for achieving the functions stated in section 5(b) and
30 for utilizing the funds provided under this act. Such an
19850H1875B3844 - 9 -
1 approach shall encompass a planning and implementation process
2 which seeks to identify the problems and causes of poverty in
3 the community, seeks to mobilize and coordinate relevant public
4 and private resources, establishes program priorities, links
5 program components with one another and with other relevant
6 programs and provides for evaluation.
7 (c) Program priorities.--The secretary may establish
8 Statewide priorities for the offering of specific services or
9 type of services. In establishing these priorities, the
10 secretary shall consider the recommendations of the Community
11 Services Block Grant Advisory Task Force.
12 (d) Determination of local services.--To promote local
13 responsibility and initiatives, decisions regarding which of the
14 qualified services shall be provided shall be established
15 through a local planning process administered by the local
16 agency. The plan should be based on the recommendations of the
17 local board and the public at large and the Statewide priorities
18 established by the secretary. Each local agency shall submit its
19 plan to the department for review to ensure eligibility of
20 proposed services under the provision of Federal law and
21 regulations and consistency, to the extent possible, with the
22 Statewide priorities.
23 Section 7. Monitoring of community action agency.
24 (a) Monitoring procedures.--It shall be the policy of the
25 department to monitor the community action agencies to assure
26 compliance with all contractual obligations and to assess the
27 effectiveness of local agencies in meeting the objectives of
28 this act as outlined in section 2, and to assess the impact of
29 Statewide priorities on local services. Monitoring procedures
30 shall be established annually by the department and published as
19850H1875B3844 - 10 -
1 part of the State plan.
2 (b) Onsite visits.--If determined to be necessary by the
3 department, the department may conduct an agency onsite visit.
4 The department may conduct an onsite visit to clarify
5 discrepancies that may result from monitoring procedures, to
6 review agency records regarding programs funded pursuant to this
7 act, interview agency personnel and board members, and interview
8 agency constituents and other local human services agencies.
9 (c) Preparation of report.--The department shall prepare a
10 report, using the findings of the monitoring procedures and
11 onsite visits, if conducted, which identifies agency strengths
12 and weaknesses and any required remedial actions. A copy of the
13 report shall be forwarded by certified mail to the community
14 action agency. The agency may request a conference with the
15 department to discuss the report.
16 Section 8. Fiscal control and fund accounting.
17 Under the provisions of the Omnibus Budget Reconciliation Act
18 of 1981 (Public Law 97-35, 95 Stat. 357), the department shall:
19 (1) Provide that fiscal control and fund accounting
20 procedures be established as may be necessary to assure the
21 proper disbursement of and accounting for Federal funds paid
22 to the Commonwealth. This includes procedures which may be
23 necessary for monitoring the assistance provided to community
24 action agencies and other eligible agencies under the
25 provisions of that act.
26 (2) Provide that at least once a year the department
27 shall prepare an audit of its expenditures of amounts
28 received and transferred to carry out the purposes of this
29 section. If the auditing and monitoring procedures result in
30 any audit exceptions or disallowed costs on the part of any
19850H1875B3844 - 11 -
1 local agency, the local agency shall reimburse the department
2 for said audit exceptions and disallowed costs from non-State
3 and non-Federal funds.
4 (3) Permit and cooperate with Federal investigations
5 undertaken pursuant to section 679 of the Omnibus Budget
6 Reconciliation Act of 1981.
7 Section 9. Remedies.
8 (a) Notice of discrepancy or violation.--If a discrepancy or
9 violation of this act is discovered through monitoring and
10 auditing activities of the department, the department shall
11 notify the community action agency of the discrepancy or
12 violation immediately.
13 (b) Agency response.--The agency shall respond to the
14 department's notice of discrepancy or violation within two weeks
15 of receipt of said notice by written correspondence to, or by
16 requesting a meeting with, the department to negotiate or
17 clarify facts.
18 (c) Agency noncompliance.--If the community action agency is
19 found to have been in noncompliance with the provisions of this
20 act, the department shall have the power to do any of the
21 following:
22 (1) Demand that the community action agency comply with
23 this act.
24 (2) Place the community action agency on probation until
25 the agency complies with this act.
26 (d) Agency violation.--Notwithstanding subsection (b), if
27 the department determines that a violation has occurred with
28 willful disregard for this act, the department may do any of the
29 following:
30 (1) Suspend the operation of the community action agency
19850H1875B3844 - 12 -
1 for a designated period of time. The agency must then rectify
2 the violation and reestablish itself as competent as
3 determined by the department to carry out those
4 responsibilities enumerated in this statute for a community
5 action agency.
6 (2) Close out the operation of the community action
7 agency through the process of defunding, in accordance with
8 Federal law and regulations. If closeout is approved by the
9 secretary, a minimum of 30 days' notice shall be given to the
10 agency. The department shall oversee agency equipment
11 inventory transfer to other agencies.
12 (e) Right of appeal.--The community action agency shall, at
13 all times, retain the right to appeal any departmental
14 adjudications concerning this program as otherwise provided by
15 law.
16 Section 10. Waivers.
17 If a determination is made by the Department of Health and
18 Human Services that any provisions of this act are in violation
19 of Federal law or regulations and would jeopardize Federal
20 funding, the secretary shall have the right to waive, WITH THE <--
21 APPROVAL OF THE GOVERNOR, MAY SUSPEND those sections, or
22 portions thereof, whose enforcement constitutes said violations.
23 Section 11. Expiration.
24 This act shall expire in three years unless extended by
25 statute.
26 Section 12. Effective date.
27 This act shall take effect immediately.
K8L14RZ/19850H1875B3844 - 13 -