PRINTER'S NO. 1619
No. 1392 Session of 1989
INTRODUCED BY WAMBACH, OLIVER, McCALL, O'DONNELL, LAUGHLIN,
MELIO, ANGSTADT, DININNI, MAINE, MARSICO, TIGUE, PRESTON,
ROEBUCK, D. W. SNYDER, EVANS, WILLIAMS, PICCOLA, JAMES,
DONATUCCI, NOYE, THOMAS, RYBAK, BISHOP, TRICH, FREEMAN,
RITTER, PRESSMANN, MOWERY, NAILOR, CAWLEY, JAROLIN, BELARDI,
STISH, CORRIGAN, KOSINSKI, ROBINSON AND KASUNIC, MAY 2, 1989
REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 2, 1989
AN ACT
1 Amending the act of July 10, 1986 (P.L.1263, No.116), entitled
2 "An act providing for a community services block grant
3 program; and further providing for powers and duties of the
4 Department of Community Affairs," further providing for
5 community action agencies and the board, for funding
6 eligibility for block grants, for apportionment of
7 appropriations, and for monitoring and remedies for block
8 grant contracts.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 2, 4, 5(c), 6(a), 7 and 9 of the act of
12 July 10, 1986 (P.L.1263, No.116), known as the Community
13 Services Act, are amended to read:
14 Section 2. Declaration of policy.
15 The General Assembly finds and declares as follows:
16 (1) It is the intention of the General Assembly as a
17 matter of public policy to affirm the commitment of the
18 Commonwealth to ameliorating the causes and effect of poverty
19 by:
1 (i) Providing a range of services and activities
2 having a measurable and potentially major impact on the
3 causes of poverty in the community and establishing
4 grants for organizations providing services to migrant
5 and seasonal farmworkers.
6 (ii) Encouraging and supporting a holistic approach
7 designed to move low-income families and individuals
8 towards self sufficiency.
9 [(ii)] (iii) Providing activities designed to assist
10 low-income participants in obtaining employment,
11 education, housing, emergency assistance, transportation
12 and other necessities.
13 [(iii)] (iv) Providing, on an emergency basis, for
14 the provision of such supplies and services, nutritious
15 foodstuffs and related services as may be necessary to
16 counteract conditions of starvation and malnutrition
17 among the poor.
18 [(iv)] (v) Coordinating and establishing linkages
19 between governmental and other social service programs to
20 assure the effective delivery of services to low-income
21 individuals.
22 [(v)] (vi) Encouraging the use of entities in the
23 private sector in efforts to ameliorate poverty in the
24 community.
25 (2) It is also the intention of the General Assembly to
26 stimulate a better focusing of human and financial resources
27 on the goal of eliminating poverty by providing for the
28 continuity of programs which presently exist throughout this
29 Commonwealth for this stated purpose.
30 (3) By so doing, it is the intention of the General
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1 Assembly to set forth the policies which shall govern the
2 administration of the community services block grant or
3 subsequent funding mechanisms established for similar
4 purposes. This block grant was created by the Omnibus Budget
5 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357)
6 and follows the provisions defined in that act.
7 Section 4. Eligibility for community services block grant funds
8 and designation of community action agencies.
9 (a) Community action agency receives block grants.--Each
10 county and first and second class city within this Commonwealth
11 to receive funds under this act shall have a community action
12 agency designated to receive community services block grant
13 funds. These community action agencies may be an arm of the
14 designating unit of government or [nonprofit private community
15 organization] other eligible entity, constituted so that one-
16 third of the members of the board of directors are elected
17 public officials currently holding offices or their
18 representatives, except that, if the number of elected officials
19 reasonably available and willing to serve is less than one-third
20 of the board membership, membership on the board of appointive
21 officials may be counted in meeting such one-third requirement;
22 at least one-third are persons chosen in accordance with
23 democratic selection procedures adequate to assure that they are
24 representative of the poor in the area served; and the remainder
25 of the members are officials or members of business, industry,
26 labor, religious, welfare, education or other major groups and
27 interests in the community.
28 (b) Present agencies included for eligibility.--This
29 designation includes all present community action agencies and
30 other eligible entities established under the Omnibus Budget
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1 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357). In
2 counties and first and second class cities where there is no
3 community action agency, the department shall provide services
4 through another eligible agency which shall receive community
5 service block grant funds specifically for this purpose.
6 Section 5. Community action agencies and board.
7 * * *
8 (c) Prohibition of activities.--[No community action agency
9 or limited purpose agency receiving funds pursuant to this act
10 may engage in organized political activity, including, but not
11 limited to, endorsement of candidates for public office,
12 political fundraising or provide similar assistance in
13 connection with an election; nor shall funds received pursuant
14 to this act be expended for providing transportation of voters
15 to the polls on a nonpartisan basis, any nonpartisan voter
16 registration activity or lobbying efforts at the local, State or
17 Federal level.] No community action agency or limited purpose
18 agency may use community service block grant funds for political
19 activities or activities to provide voters and prospective
20 voters with transportation to the polls or provide similar
21 assistance in connection with an election or any voter
22 registration activity.
23 Section 6. Financial assistance for community services block
24 grant program.
25 (a) Apportionment of appropriations.--To help meet the
26 department's objective of establishing community action agencies
27 to provide services to all counties within this Commonwealth,
28 the sum appropriated under the community services block grant
29 shall be distributed as follows:
30 (1) No greater than 5% shall be allotted to the
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1 department for the administration of program operations.
2 (2) No less than 5% may be allotted, at the discretion
3 of the secretary, for a range of activities, including the
4 funding of community food and nutrition programs in a manner
5 consistent with this act.
6 (3) Of the remaining 90%, no greater than 5% may be
7 alloted to establish community action agencies in those areas
8 currently unserved; no less than 85% shall be reserved for
9 existing community action agencies and other eligible
10 entities as defined in section 3.
11 (4) A formula basis shall be established for the
12 distribution of funds reserved for community action agencies.
13 The formula shall include consideration of the number of
14 persons below the poverty level and the number of persons
15 unemployed, as determined annually by the United States
16 Department of Labor, and shall include a minimum funding
17 level of community services block grant funds for existing
18 community action agencies meeting the requirements of the
19 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
20 95 Stat. 357) and a Statewide migrant and seasonal
21 farmworkers' organization approved by the secretary.
22 (5) A minimum funding level of only community service
23 block grant funds shall be set at $150,000.
24 (6) [In the event Federal funds are insufficient to meet
25 the minimum funding levels,] As established by the formula
26 under this section, the determination of annual funding
27 levels shall be made by the secretary based on input from the
28 local agencies and the Community Services Block Grant
29 Advisory Task Force.
30 * * *
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1 Section 7. Monitoring of community action agency.
2 (a) Monitoring procedures.--It shall be the policy of the
3 department to monitor the community action agencies to assure
4 compliance with all contractual obligations and to assess the
5 effectiveness of local agencies in meeting the objectives of
6 this act as outlined in section 2 and to assess the impact of
7 Statewide priorities on local services. Monitoring procedures
8 shall be established annually by the department and published as
9 part of the State plan.
10 (b) Onsite visits.--If determined to be necessary by the
11 department, the department may conduct an agency onsite visit.
12 The department may conduct an onsite visit to clarify
13 discrepancies that may result from monitoring procedures, review
14 agency records regarding programs funded pursuant to this act,
15 interview agency personnel and board members and interview
16 agency constituents and other local human services agencies.
17 (c) Preparation of report.--The department shall prepare a
18 report, using the findings of the monitoring procedures and
19 onsite visits, if conducted, which identifies agency strengths
20 and weaknesses and any required remedial actions. A copy of the
21 report shall be forwarded by [certified] mail to the community
22 action agency. The agency may request a conference with the
23 department to discuss the report.
24 Section 9. Remedies.
25 (a) Notice of discrepancy or violation.--If a discrepancy or
26 violation of this act is discovered through monitoring and
27 auditing activities of the department, the department shall
28 notify the community action agency of the discrepancy or
29 violation immediately by certified mail.
30 (b) Agency response.--The agency shall respond to the
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1 department's notice of discrepancy or violation within two weeks
2 of receipt of said notice by written correspondence to, or by
3 requesting a meeting with, the department to negotiate or
4 clarify facts.
5 (c) Agency noncompliance.--If the community action agency is
6 found to have been in noncompliance with the provisions of this
7 act, the department shall have the power to do any of the
8 following:
9 (1) [Demand that the community action agency comply with
10 this act.] Require appropriate corrective measures and
11 provide technical assistance to assist in implementing them.
12 (2) Place the community action agency on probation until
13 the agency complies with this act.
14 (d) Agency violation.--Notwithstanding subsection (b), if
15 the department determines that a violation has occurred with
16 willful disregard for this act, the department may do any of the
17 following:
18 (1) Suspend the [operation of the community action
19 agency] community service block grant contract for a
20 designated period of time. The agency must then rectify the
21 violation and reestablish itself as competent as determined
22 by the department to carry out those responsibilities
23 enumerated in this statute for a community action agency.
24 (2) Close out the [operation of the community action
25 agency] community service block grant contract through the
26 process of defunding, in accordance with Federal law and
27 regulations. If closeout is approved by the secretary, a
28 minimum of 30 days' notice shall be given to the agency. The
29 department shall oversee agency equipment inventory transfer
30 to other agencies.
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1 (e) Right of appeal.--The community action agency shall, at
2 all times, retain the right to appeal any departmental
3 adjudications concerning this program as otherwise provided by
4 law.
5 Section 2. This act shall take effect immediately.
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