PRIOR PRINTER'S NOS. 1619, 1709 PRINTER'S NO. 1919
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, KASUNIC, MILLER AND
ALLEN, MAY 2, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 5, 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; and extending the sunset provision.
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, 9 and 11 of the act <--
12 of 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
1 by:
2 (i) Providing a range of services and activities
3 having a measurable and potentially major impact on the
4 causes of poverty in the community and establishing
5 grants for organizations providing services to migrant
6 and seasonal farmworkers.
7 (ii) Encouraging and supporting a holistic approach
8 designed to move low-income families and individuals
9 towards self sufficiency.
10 [(ii)] (iii) Providing activities designed to assist
11 low-income participants in obtaining employment,
12 education, housing, emergency assistance, transportation
13 and other necessities.
14 [(iii)] (iv) Providing, on an emergency basis, for
15 the provision of such supplies and services, nutritious
16 foodstuffs and related services as may be necessary to
17 counteract conditions of starvation and malnutrition
18 among the poor.
19 [(iv)] (v) Coordinating and establishing linkages
20 between governmental and other social service programs to
21 assure the effective delivery of services to low-income
22 individuals.
23 [(v)] (vi) Encouraging the use of entities in the
24 private sector in efforts to ameliorate poverty in the
25 community.
26 (2) It is also the intention of the General Assembly to
27 stimulate a better focusing of human and financial resources
28 on the goal of eliminating poverty by providing for the
29 continuity of programs which presently exist throughout this
30 Commonwealth for this stated purpose.
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1 (3) By so doing, it is the intention of the General
2 Assembly to set forth the policies which shall govern the
3 administration of the community services block grant or
4 subsequent funding mechanisms established for similar
5 purposes. This block grant was created by the Omnibus Budget
6 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357)
7 and follows the provisions defined in that act.
8 Section 4. Eligibility for community services block grant funds
9 and designation of community action agencies.
10 (a) Community action agency receives block grants.--Each
11 county and first and second class city within this Commonwealth
12 to receive funds under this act shall have a community action
13 agency designated to receive community services block grant
14 funds. These community action agencies may be an arm of the
15 designating unit of government or [nonprofit private community
16 organization] other eligible entity, constituted so that one-
17 third of the members of the board of directors are elected
18 public officials currently holding offices or their
19 representatives, except that, if the number of elected officials
20 reasonably available and willing to serve is less than one-third
21 of the board membership, membership on the board of appointive
22 officials may be counted in meeting such one-third requirement;
23 at least one-third are persons chosen in accordance with
24 democratic selection procedures adequate to assure that they are
25 representative of the poor in the area served; and the remainder
26 of the members are officials or members of business, industry,
27 labor, religious, welfare, education or other major groups and
28 interests in the community.
29 (b) Present agencies included for eligibility.--This
30 designation includes all present community action agencies and
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1 other eligible entities established under the Omnibus Budget
2 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357). In
3 counties and first and second class cities where there is no
4 community action agency, the department shall provide services
5 through another eligible agency which shall receive community
6 service block grant funds specifically for this purpose.
7 Section 5. Community action agencies and board. <--
8 * * *
9 (c) Prohibition of activities.--[No community action agency
10 or limited purpose agency receiving funds pursuant to this act
11 may engage in organized political activity, including, but not
12 limited to, endorsement of candidates for public office,
13 political fundraising or provide similar assistance in
14 connection with an election; nor shall funds received pursuant
15 to this act be expended for providing transportation of voters
16 to the polls on a nonpartisan basis, any nonpartisan voter
17 registration activity or lobbying efforts at the local, State or
18 Federal level.] No community action agency or limited purpose
19 agency may use community service block grant funds for political
20 activities or activities to provide voters and prospective
21 voters with transportation to the polls or provide similar
22 assistance in connection with an election or any voter
23 registration activity.
24 Section 6. Financial assistance for community services block
25 grant program.
26 (a) Apportionment of appropriations.--To help meet the
27 department's objective of establishing community action agencies
28 to provide services to all counties within this Commonwealth,
29 the sum appropriated under the community services block grant
30 shall be distributed as follows:
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1 (1) No greater than 5% shall be allotted to the
2 department for the administration of program operations.
3 (2) No less than 5% may be allotted, at the discretion
4 of the secretary, for a range of activities, including the
5 funding of community food and nutrition programs in a manner
6 consistent with this act.
7 (3) Of the remaining 90%, no greater than 5% may be
8 alloted to establish community action agencies in those areas
9 currently unserved; no less than 85% shall be reserved for
10 existing community action agencies and other eligible
11 entities as defined in section 3.
12 (4) A formula basis shall be established for the
13 distribution of funds reserved for community action agencies.
14 The formula shall include consideration of the number of
15 persons below the poverty level and the number of persons
16 unemployed, as determined annually by the United States
17 Department of Labor, and shall include a minimum funding
18 level of community services block grant funds for existing
19 community action agencies meeting the requirements of the
20 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
21 95 Stat. 357) and a Statewide migrant and seasonal
22 farmworkers' organization approved by the secretary.
23 (5) A minimum funding level of only community service
24 block grant funds shall be set at $150,000.
25 (6) [In the event Federal funds are insufficient to meet
26 the minimum funding levels,] As established by the formula
27 under this section, the determination of annual funding
28 levels shall be made by the secretary based on input from the
29 local agencies and the Community Services Block Grant
30 Advisory Task Force.
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1 (7) (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS <--
2 SECTION, IF THE TOTAL AMOUNT OF FEDERAL AND STATE FUNDS
3 AVAILABLE FOR DISTRIBUTION TO COMMUNITY ACTION AGENCIES
4 FOR THE FISCAL YEAR BEGINNING JULY 1, 1989, AND
5 THEREAFTER, IS THE SAME OR GREATER THAN THE TOTAL AMOUNT
6 OF FEDERAL AND STATE FUNDS AVAILABLE FOR DISTRIBUTION
7 DURING THE 1988-1989 FISCAL YEAR, NO COMMUNITY ACTION
8 AGENCY SHALL RECEIVE AN ALLOCATION THAT IS LESS THAN THE
9 AMOUNT IT RECEIVED DURING THE 1988-1989 FISCAL YEAR.
10 (II) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
11 SECTION, IF THE TOTAL AMOUNT OF FEDERAL AND STATE FUNDS
12 AVAILABLE FOR DISTRIBUTION TO COMMUNITY ACTION AGENCIES
13 FOR THE FISCAL YEAR BEGINNING JULY 1, 1989, AND
14 THEREAFTER, IS LESS THAN THE TOTAL AMOUNT OF FEDERAL AND
15 STATE FUNDS AVAILABLE FOR DISTRIBUTION DURING THE 1988-
16 1989 FISCAL YEAR, EACH COMMUNITY ACTION AGENCY SHALL
17 RECEIVE THE SAME PERCENTAGE REDUCTION IN ITS ALLOCATION.
18 * * *
19 Section 7. Monitoring of community action agency.
20 (a) Monitoring procedures.--It shall be the policy of the
21 department to monitor the community action agencies to assure
22 compliance with all contractual obligations and to assess the
23 effectiveness of local agencies in meeting the objectives of
24 this act as outlined in section 2 and to assess the impact of
25 Statewide priorities on local services. Monitoring procedures
26 shall be established annually by the department and published as
27 part of the State plan.
28 (b) Onsite visits.--If determined to be necessary by the
29 department, the department may conduct an agency onsite visit.
30 The department may conduct an onsite visit to clarify
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1 discrepancies that may result from monitoring procedures, review
2 agency records regarding programs funded pursuant to this act,
3 interview agency personnel and board members and interview
4 agency constituents and other local human services agencies.
5 (c) Preparation of report.--The department shall prepare a
6 report, using the findings of the monitoring procedures and
7 onsite visits, if conducted, which identifies agency strengths
8 and weaknesses and any required remedial actions. A copy of the
9 report shall be forwarded by [certified] mail to the community
10 action agency. The agency may request a conference with the
11 department to discuss the report.
12 Section 9. Remedies.
13 (a) Notice of discrepancy or violation.--If a discrepancy or
14 violation of this act is discovered through monitoring and
15 auditing activities of the department, the department shall
16 notify the community action agency of the discrepancy or
17 violation immediately by certified mail.
18 (b) Agency response.--The agency shall respond to the
19 department's notice of discrepancy or violation within two weeks
20 of receipt of said notice by written correspondence to, or by
21 requesting a meeting with, the department to negotiate or
22 clarify facts.
23 (c) Agency noncompliance.--If the community action agency is
24 found to have been in noncompliance with the provisions of this
25 act, the department shall have the power to do any of the
26 following:
27 (1) [Demand that the community action agency comply with
28 this act.] Require appropriate corrective measures and
29 provide technical assistance to assist in implementing them.
30 (2) Place the community action agency on probation until
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1 the agency complies with this act.
2 (d) Agency violation.--Notwithstanding subsection (b), if
3 the department determines that a violation has occurred with
4 willful disregard for this act, the department may do any of the
5 following:
6 (1) Suspend the [operation of the community action
7 agency] community service block grant contract for a
8 designated period of time. The agency must then rectify the
9 violation and reestablish itself as competent as determined
10 by the department to carry out those responsibilities
11 enumerated in this statute for a community action agency.
12 (2) Close out the [operation of the community action
13 agency] community service block grant contract through the
14 process of defunding, in accordance with Federal law and
15 regulations. If closeout is approved by the secretary, a
16 minimum of 30 days' notice shall be given to the agency. The
17 department shall oversee agency equipment inventory transfer
18 to other agencies.
19 (e) Right of appeal.--The community action agency shall, at
20 all times, retain the right to appeal any departmental
21 adjudications concerning this program as otherwise provided by
22 law.
23 Section 11. Expiration.
24 This act shall expire [in three years] December 31, 1992
25 unless extended by statute.
26 Section 2. This act shall take effect immediately.
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