SENATE AMENDED PRIOR PRINTER'S NOS. 246, 1710 PRINTER'S NO. 3459
No. 247 Session of 2001
INTRODUCED BY HASAY, CALTAGIRONE, SEMMEL, T. STEVENSON, M. WRIGHT, FLICK, WANSACZ, LaGROTTA, KAISER, TANGRETTI, MUNDY, R. STEVENSON, PICKETT, M. BAKER, HABAY, JAMES, ARGALL, ALLEN, COLEMAN, MANN, DALLY AND FREEMAN, JANUARY 29, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, MARCH 18, 2002
AN ACT 1 Amending the act of July 10, 1986 (P.L.1263, No.116), entitled, <-- 2 as reenacted, "An act providing for a community services 3 block grant program; and further providing for powers and 4 duties of the Department of Community Affairs," further 5 providing for the expiration of the act; and making editorial 6 changes. 7 PROVIDING FOR A COMMUNITY SERVICES BLOCK GRANT PROGRAM; AND <-- 8 FURTHER PROVIDING FOR POWERS AND DUTIES OF THE DEPARTMENT OF 9 COMMUNITY AND ECONOMIC DEVELOPMENT. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The title of the act of July 10, 1986 (P.L.1263, <-- 13 No.116), known as the Community Services Act, reenacted December 14 18, 1996 (P.L.1105, No.166), is amended to read: 15 AN ACT 16 Providing for a community services block grant program; and 17 further providing for powers and duties of the Department of 18 Community [Affairs] and Economic Development. 19 Section 2. The definitions of "department" and "secretary"
1 in section 3 of the act, reenacted December 18, 1996 (P.L.1105, 2 No.166), are amended to read: 3 Section 3. Definitions. 4 The following words and phrases when used in this act shall 5 have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 * * * 8 "Department." The Department of Community [Affairs] and 9 Economic Development of the Commonwealth or the designated 10 agency responsible for the administration of community service 11 block grant funds. 12 * * * 13 "Secretary." The Secretary of Community [Affairs] and 14 Economic Development of the Commonwealth or the designated 15 individual responsible for the administration of community 16 service block grant funds. 17 Section 3. Section 11 of the act, reenacted and amended 18 December 18, 1996 (P.L.1105, No.166), is amended to read: 19 Section 11. Expiration. 20 This act shall expire December 31, [2001] 2006, unless 21 extended by statute. 22 Section 4. This act shall take effect in 60 days. 23 SECTION 1. SHORT TITLE. <-- 24 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE COMMUNITY 25 SERVICES BLOCK GRANT ACT. 26 SECTION 2. DECLARATION OF POLICY. 27 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: 28 (1) IT IS THE INTENTION OF THE GENERAL ASSEMBLY AS A 29 MATTER OF PUBLIC POLICY TO AFFIRM THE COMMITMENT OF THE 30 COMMONWEALTH TO AMELIORATING THE CAUSES AND EFFECT OF POVERTY 20010H0247B3459 - 2 -
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 (III) PROVIDING ACTIVITIES DESIGNED TO ASSIST LOW- 11 INCOME PARTICIPANTS IN OBTAINING EMPLOYMENT, EDUCATION, 12 HOUSING, EMERGENCY ASSISTANCE, TRANSPORTATION AND OTHER 13 NECESSITIES. 14 (IV) PROVIDING, ON AN EMERGENCY BASIS, FOR THE 15 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 (V) COORDINATING AND ESTABLISHING LINKAGES BETWEEN 20 GOVERNMENTAL AND OTHER SOCIAL SERVICE PROGRAMS TO ASSURE 21 THE EFFECTIVE DELIVERY OF SERVICES TO LOW-INCOME 22 INDIVIDUALS. 23 (VI) ENCOURAGING THE USE OF ENTITIES IN THE PRIVATE 24 SECTOR IN EFFORTS TO AMELIORATE POVERTY IN THE 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 20010H0247B3459 - 3 -
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 (4) THE GENERAL ASSEMBLY ALSO FINDS THAT THE FEDERAL 8 FUNDS AVAILABLE TO FINANCE ACTIVITIES UNDER THIS ACT SHALL BE 9 USED FOR THE FOLLOWING PURPOSES: 10 (I) TO PROVIDE A RANGE OF SERVICES AND ACTIVITIES 11 HAVING A MEASURABLE AND POTENTIALLY MAJOR IMPACT ON 12 CAUSES OF POVERTY IN THE COMMUNITY OR THOSE AREAS OF THE 13 COMMUNITY WHERE POVERTY IS A PARTICULARLY ACUTE PROBLEM. 14 (II) TO PROVIDE ACTIVITIES DESIGNED TO ASSIST LOW- 15 INCOME PARTICIPANTS, INCLUDING THE ELDERLY POOR: 16 (A) TO SECURE AND RETAIN MEANINGFUL EMPLOYMENT; 17 (B) TO ATTAIN AN ADEQUATE EDUCATION; 18 (C) TO MAKE BETTER USE OF AVAILABLE INCOME; 19 (D) TO OBTAIN AND MAINTAIN ADEQUATE HOUSING AND 20 A SUITABLE LIVING ENVIRONMENT; 21 (E) TO OBTAIN EMERGENCY ASSISTANCE THROUGH LOANS 22 OR GRANTS TO MEET IMMEDIATE AND URGENT INDIVIDUAL AND 23 FAMILY NEEDS, INCLUDING THE NEED FOR HEALTH SERVICES, 24 NUTRITIOUS FOOD, HOUSING AND EMPLOYMENT-RELATED 25 ASSISTANCE; 26 (F) TO REMOVE OBSTACLES AND SOLVE PROBLEMS WHICH 27 BLOCK THE ACHIEVEMENT OF SELF-SUFFICIENCY; 28 (G) TO ACHIEVE GREATER PARTICIPATION IN THE 29 AFFAIRS OF THE COMMUNITY; AND 30 (H) TO MAKE MORE EFFECTIVE USE OF OTHER PROGRAMS 20010H0247B3459 - 4 -
1 RELATED TO THE PURPOSES OF THIS ACT. 2 (III) TO PROVIDE ON AN EMERGENCY BASIS FOR THE 3 PROVISION OF SUCH SUPPLIES AND SERVICES, NUTRITIOUS 4 FOODSTUFFS AND RELATED SERVICES AS MAY BE NECESSARY TO 5 COUNTERACT CONDITIONS OF STARVATION AND MALNUTRITION 6 AMONG THE POOR. 7 (IV) TO COORDINATE AND ESTABLISH LINKAGES BETWEEN 8 GOVERNMENTAL AND OTHER SOCIAL SERVICES PROGRAMS TO ASSURE 9 THE EFFECTIVE DELIVERY OF SUCH SERVICES TO LOW-INCOME 10 INDIVIDUALS. 11 (V) TO ENCOURAGE THE USE OF ENTITIES IN THE PRIVATE 12 SECTOR OF THE COMMUNITY IN EFFORTS TO AMELIORATE POVERTY 13 IN THE COMMUNITY. 14 SECTION 3. DEFINITIONS. 15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 16 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 17 CONTEXT CLEARLY INDICATES OTHERWISE: 18 "CASE MANAGEMENT." A SERIES OF COORDINATED ACTIVITIES TO 19 DETERMINE, WITH THE INCOME-ELIGIBLE INDIVIDUALS, WHAT SERVICES 20 ARE NEEDED AND TO COORDINATE THEIR TIMELY PROVISION WITHIN THE 21 AGENCY AND THROUGH OTHER RESOURCES IN THE COMMUNITY. 22 "COMMUNITY ACTION AGENCY." ANY ORGANIZATION WHICH WAS 23 OFFICIALLY DESIGNATED BY COUNTY COMMISSIONERS OR MAYORS AS SUCH 24 UNDER THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981 (PUBLIC LAW 25 97-35, 95 STAT. 357) OR ESTABLISHED PURSUANT TO THIS ACT, WHOSE 26 STRUCTURE AND FUNCTIONS ARE FURTHER DEFINED IN SECTIONS 4 AND 5. 27 "COMMUNITY FOOD AND NUTRITION PROGRAM." A PROGRAM WHEREBY 28 GRANTS ARE MADE TO STATE AND LOCAL HUNGER PREVENTION 29 ORGANIZATIONS FOR ACTIVITIES WHICH ADDRESS THE FOOD AND 30 NUTRITION NEEDS OF LOW-INCOME POPULATIONS, ESPECIALLY HIGH RISK 20010H0247B3459 - 5 -
1 CHILDREN, AS OUTLINED IN SECTION 681A(A) OF THE COMMUNITY 2 SERVICES BLOCK GRANT ACT (PUBLIC LAW 97-35, 42 U.S.C. § 3 9910A(A)). 4 "COMMUNITY SERVICES BLOCK GRANT." A PROGRAM AUTHORIZED BY 5 THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981 WHICH FOLLOWS THE 6 PROVISION DEFINED IN TITLE XVII, SUBTITLE C, CHAPTER 2, WHICH IS 7 INTENDED TO BE USED BY THE COMMONWEALTH FOR PROGRAMS TO 8 AMELIORATE THE CAUSES AND EFFECTS OF POVERTY. 9 "COMMUNITY SERVICES BLOCK GRANT ADVISORY TASK FORCE." AN 10 ADVISORY PANEL ESTABLISHED BY THE DEPARTMENT PURSUANT TO THE 11 OMNIBUS BUDGET RECONCILIATION ACT OF 1981 TO: 12 (1) COORDINATE AND ESTABLISH LINKAGES BETWEEN 13 GOVERNMENTAL AND OTHER SOCIAL SERVICES PROGRAMS AS 14 ESTABLISHED BY THIS ACT TO ASSURE THE EFFECTIVE DELIVERY OF 15 SUCH SERVICES TO LOW-INCOME INDIVIDUALS; AND 16 (2) ENCOURAGE THE USE OF ENTITIES IN THE PRIVATE SECTOR 17 OF THE COMMUNITY TO AMELIORATE POVERTY. 18 "DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC 19 DEVELOPMENT OF THE COMMONWEALTH OR THE DESIGNATED AGENCY 20 RESPONSIBLE FOR THE ADMINISTRATION OF COMMUNITY SERVICE BLOCK 21 GRANT FUNDS. 22 "ELIGIBLE ENTITY." ANY AGENCY OR ORGANIZATION DESIGNATED IN 23 THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981 AS AN ELIGIBLE 24 RECIPIENT OF COMMUNITY SERVICES BLOCK GRANT FUNDS, INCLUDING A 25 LIMITED PURPOSE AGENCY AND A STATEWIDE MIGRANT AND SEASONAL 26 FARMWORKERS' ORGANIZATION. 27 "LIMITED PURPOSE AGENCY." AN AGENCY THAT WAS FUNDED UNDER 28 TITLE II OF THE ECONOMIC OPPORTUNITY ACT OF 1964 (PUBLIC LAW 88- 29 452, 78 STAT. 508) FOR A LIMITED FUNCTIONAL OR GEOGRAPHICAL 30 PURPOSE AND RECOGNIZED AS A COMMUNITY ACTION PROGRAM UNDER THE 20010H0247B3459 - 6 -
1 OMNIBUS BUDGET RECONCILIATION ACT OF 1981. 2 "SECRETARY." THE SECRETARY OF COMMUNITY AND ECONOMIC 3 DEVELOPMENT OF THE COMMONWEALTH OR THE DESIGNATED INDIVIDUAL 4 RESPONSIBLE FOR THE ADMINISTRATION OF COMMUNITY SERVICE BLOCK 5 GRANT FUNDS. 6 SECTION 4. ELIGIBILITY FOR COMMUNITY SERVICES BLOCK GRANT FUNDS 7 AND DESIGNATION OF COMMUNITY ACTION AGENCIES. 8 (A) COMMUNITY ACTION AGENCY RECEIVES BLOCK GRANTS.--EACH 9 COUNTY AND FIRST AND SECOND CLASS CITY WITHIN THIS COMMONWEALTH 10 TO RECEIVE FUNDS UNDER THIS ACT SHALL HAVE A COMMUNITY ACTION 11 AGENCY DESIGNATED TO RECEIVE COMMUNITY SERVICES BLOCK GRANT 12 FUNDS. THESE COMMUNITY ACTION AGENCIES MAY BE AN ARM OF THE 13 DESIGNATING UNIT OF GOVERNMENT OR OTHER ELIGIBLE ENTITY, 14 CONSTITUTED SO THAT ONE-THIRD OF THE MEMBERS OF THE BOARD OF 15 DIRECTORS ARE ELECTED PUBLIC OFFICIALS CURRENTLY HOLDING OFFICES 16 OR THEIR REPRESENTATIVES, EXCEPT THAT, IF THE NUMBER OF ELECTED 17 OFFICIALS REASONABLY AVAILABLE AND WILLING TO SERVE IS LESS THAN 18 ONE-THIRD OF THE BOARD MEMBERSHIP, MEMBERSHIP ON THE BOARD OF 19 APPOINTIVE OFFICIALS MAY BE COUNTED IN MEETING SUCH ONE-THIRD 20 REQUIREMENT; AT LEAST ONE-THIRD ARE PERSONS CHOSEN IN ACCORDANCE 21 WITH DEPARTMENTALLY APPROVED DEMOCRATIC SELECTION PROCEDURES 22 ADEQUATE TO ASSURE THAT THEY ARE REPRESENTATIVE OF THE POOR IN 23 THE AREA SERVED; AND THE REMAINDER OF THE MEMBERS ARE OFFICIALS 24 OR MEMBERS OF BUSINESS, INDUSTRY, LABOR, RELIGIOUS, WELFARE, 25 EDUCATION OR OTHER MAJOR GROUPS AND INTERESTS IN THE COMMUNITY. 26 (B) PRESENT AGENCIES INCLUDED FOR ELIGIBILITY.--THIS 27 DESIGNATION INCLUDES ALL PRESENT COMMUNITY ACTION AGENCIES AND 28 OTHER ELIGIBLE ENTITIES ESTABLISHED UNDER THE OMNIBUS BUDGET 29 RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35, 95 STAT. 357). IN 30 COUNTIES AND FIRST AND SECOND CLASS CITIES WHERE THERE IS NO 20010H0247B3459 - 7 -
1 COMMUNITY ACTION AGENCY, THE DEPARTMENT SHALL PROVIDE SERVICES 2 THROUGH ANOTHER ELIGIBLE AGENCY WHICH SHALL RECEIVE COMMUNITY 3 SERVICE BLOCK GRANT FUNDS SPECIFICALLY FOR THIS PURPOSE. 4 SECTION 5. COMMUNITY ACTION AGENCIES AND BOARD. 5 (A) POWERS OF AGENCY.--EACH COMMUNITY ACTION AGENCY 6 DESIGNATED AND CREATED PURSUANT TO THE CRITERIA SET FORTH IN 7 SECTION 4 SHALL: 8 (1) DEVELOP AND IMPLEMENT PROGRAMS AND PROJECTS DESIGNED 9 IN ACCORDANCE WITH FEDERAL REGULATIONS ESTABLISHED UNDER THE 10 OMNIBUS BUDGET RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35, 11 95 STAT. 357) TO SERVE THE POOR OR LOW-INCOME AREAS WITH 12 MAXIMUM FEASIBLE PARTICIPATION OF RESIDENTS OF THE AREAS AND 13 MEMBERS OF THE GROUPS SERVED, SO AS TO BEST STIMULATE AND 14 TAKE FULL ADVANTAGE OF CAPABILITIES FOR SELF-ADVANCEMENT AND 15 ASSURE THAT THOSE PROGRAMS AND PROJECTS ARE OTHERWISE 16 MEANINGFUL TO AND WIDELY UTILIZED BY THEIR INTENDED 17 BENEFICIARIES. PARTICIPATION IN ANY COMMUNITY SERVICE BLOCK 18 GRANT PROGRAM IS LIMITED TO PERSONS WHOSE INCOME IN RELATION 19 TO FAMILY SIZE DOES NOT EXCEED 125% OF THE OFFICIAL POVERTY 20 LINE ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND 21 BUDGET. 22 (2) BE A CONTINUING AND EFFECTIVE MECHANISM FOR SECURING 23 BROAD COMMUNITY INVOLVEMENT IN THE PROGRAMS ASSISTED UNDER 24 THIS ACT. 25 (3) PROVIDE EFFECTIVE COORDINATION OF EXISTING COMMUNITY 26 ACTION PROGRAMS WITH OTHER FEDERAL AND STATE FUNDS PROVIDED 27 WITHIN THE JURISDICTIONAL AREA TARGETED TO THE LOW-INCOME 28 POPULATION TO AVOID DUPLICATION OF EFFORTS WITHIN THE AREA. 29 (B) FUNCTIONS OF AGENCY.--IN EXERCISING ITS POWERS AND 30 CARRYING OUT ITS OVERALL RESPONSIBILITY FOR A COMMUNITY ACTION 20010H0247B3459 - 8 -
1 PROGRAM, A COMMUNITY ACTION AGENCY SHALL HAVE, SUBJECT TO THE 2 PURPOSES OF THIS ACT, AT LEAST THE FOLLOWING FUNCTIONS: 3 (1) PLANNING SYSTEMATICALLY FOR AND EVALUATING THE 4 PROGRAMS, INCLUDING ACTIONS TO DEVELOP INFORMATION AS TO THE 5 PROBLEMS AND CAUSES OF POVERTY IN THE COMMUNITY; DETERMINING 6 HOW MUCH AND HOW EFFECTIVELY ASSISTANCE IS BEING PROVIDED TO 7 DEAL WITH THOSE PROBLEMS AND CAUSES; AND ESTABLISHING 8 PRIORITIES AMONG PROJECTS, ACTIVITIES AND AREAS AS NEEDED FOR 9 THE BEST AND MOST EFFICIENT USE OF RESOURCES. 10 (2) ENCOURAGING AGENCIES ENGAGED IN ACTIVITIES RELATED 11 TO THE COMMUNITY ACTION PROGRAM TO PLAN FOR, SECURE AND 12 ADMINISTER ASSISTANCE AVAILABLE UNDER THIS ACT OR FROM OTHER 13 SOURCES ON A COMMON OR COOPERATIVE BASIS; PROVIDING PLANNING 14 OR TECHNICAL ASSISTANCE TO THOSE AGENCIES; AND GENERALLY, IN 15 COOPERATION WITH COMMUNITY AGENCIES AND OFFICIALS, 16 UNDERTAKING ACTIONS TO IMPROVE EXISTING EFFORTS TO ATTACK 17 POVERTY, SUCH AS IMPROVING DAY-TO-DAY COMMUNICATION, CLOSING 18 SERVICE GAPS, FOCUSING RESOURCES ON THE MOST NEEDY, PROVIDING 19 ADDITIONAL OPPORTUNITIES TO LOW-INCOME INDIVIDUALS FOR 20 REGULAR EMPLOYMENT AND AFFORDABLE HOUSING OR PARTICIPATION IN 21 THE PROGRAMS OR ACTIVITIES FOR WHICH THOSE COMMUNITY AGENCIES 22 AND OFFICIALS ARE RESPONSIBLE. 23 (3) INITIATING AND SPONSORING PROJECTS RESPONSIVE TO 24 NEEDS OF THE POOR WHICH ARE NOT OTHERWISE BEING MET, WITH 25 PARTICULAR EMPHASIS ON PROVIDING CENTRAL OR COMMON SERVICES 26 THAT CAN BE DRAWN UPON BY A VARIETY OF RELATED PROGRAMS; 27 DEVELOPING NEW APPROACHES OR NEW TYPES OF SERVICES THAT CAN 28 BE INCORPORATED INTO OTHER PROGRAMS; AND FILLING GAPS PENDING 29 THE EXPANSION OR MODIFICATION OF THOSE PROGRAMS. 30 (4) ESTABLISHING EFFECTIVE PROCEDURES BY WHICH THE POOR 20010H0247B3459 - 9 -
1 AND AREA RESIDENTS CONCERNED WILL BE ENABLED TO INFLUENCE THE 2 CHARACTER OF PROGRAMS AFFECTING THEIR INTERESTS AND PROVIDING 3 TECHNICAL AND OTHER SUPPORT NEEDED TO ENABLE THE POOR AND 4 NEIGHBORHOOD GROUPS TO SECURE ON THEIR OWN BEHALF AVAILABLE 5 ASSISTANCE FROM PUBLIC AND PRIVATE SOURCES. 6 (5) JOINING WITH AND ENCOURAGING BUSINESS, LABOR AND 7 OTHER PRIVATE GROUPS AND ORGANIZATIONS TO UNDERTAKE, TOGETHER 8 WITH PUBLIC OFFICIALS AND AGENCIES, ACTIVITIES IN SUPPORT OF 9 THE COMMUNITY ACTION PROGRAM WHICH WILL RESULT IN THE 10 ADDITIONAL USE OF PRIVATE RESOURCES AND CAPABILITIES, WITH A 11 VIEW TO SUCH THINGS AS DEVELOPING NEW EMPLOYMENT 12 OPPORTUNITIES, STIMULATING INVESTMENT THAT WILL HAVE A 13 MEASURABLE IMPACT IN REDUCING POVERTY AMONG RESIDENTS OF 14 AREAS OF CONCENTRATED POVERTY AND PROVIDING METHODS BY WHICH 15 RESIDENTS OF THOSE AREAS CAN WORK WITH PRIVATE GROUPS, FIRMS 16 AND INSTITUTIONS IN SEEKING SOLUTIONS TO PROBLEMS OF COMMON 17 CONCERN. 18 (6) UTILIZING A COMPREHENSIVE CASE-MANAGEMENT APPROACH 19 TO THE PROVISION OF SERVICES PROVIDED TO ELIGIBLE LOW-INCOME 20 INDIVIDUALS AS DEFINED IN SECTION 3. 21 (C) PROHIBITION OF ACTIVITIES.--NO COMMUNITY ACTION AGENCY 22 OR LIMITED PURPOSE AGENCY RECEIVING FUNDS PURSUANT TO THIS ACT 23 MAY ENGAGE IN ORGANIZED POLITICAL ACTIVITY, INCLUDING, BUT NOT 24 LIMITED TO, ENDORSEMENT OF CANDIDATES FOR PUBLIC OFFICE, 25 POLITICAL FUNDRAISING OR PROVIDE SIMILAR ASSISTANCE IN 26 CONNECTION WITH AN ELECTION, NOR SHALL FUNDS RECEIVED PURSUANT 27 TO THIS ACT BE EXPENDED FOR PROVIDING TRANSPORTATION OF VOTERS 28 OR PROSPECTIVE VOTERS TO THE POLLS ON A NONPARTISAN BASIS, FOR 29 PROVIDING ANY NONPARTISAN VOTER REGISTRATION ACTIVITY OR 30 LOBBYING EFFORTS AT THE LOCAL, STATE OR FEDERAL LEVEL. 20010H0247B3459 - 10 -
1 SECTION 6. FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES BLOCK 2 GRANT PROGRAM. 3 (A) APPORTIONMENT OF APPROPRIATIONS.--TO HELP MEET THE 4 DEPARTMENT'S OBJECTIVE OF ESTABLISHING COMMUNITY ACTION AGENCIES 5 TO PROVIDE SERVICES TO ALL COUNTIES WITHIN THIS COMMONWEALTH, 6 THE SUM APPROPRIATED UNDER THE COMMUNITY SERVICES BLOCK GRANT 7 SHALL BE DISTRIBUTED AS FOLLOWS: 8 (1) NO GREATER THAN 5% SHALL BE ALLOTTED TO THE 9 DEPARTMENT FOR THE ADMINISTRATION OF PROGRAM OPERATIONS. 10 (2) NO LESS THAN 5% MAY BE ALLOTTED, AT THE DISCRETION 11 OF THE SECRETARY, FOR A RANGE OF ACTIVITIES, INCLUDING THE 12 FUNDING OF COMMUNITY FOOD AND NUTRITION PROGRAMS IN A MANNER 13 CONSISTENT WITH THIS ACT. 14 (3) OF THE REMAINING 90%, NO GREATER THAN 5% MAY BE 15 ALLOTED TO ESTABLISH COMMUNITY ACTION AGENCIES IN THOSE AREAS 16 CURRENTLY UNSERVED; NO LESS THAN 85% SHALL BE RESERVED FOR 17 EXISTING COMMUNITY ACTION AGENCIES AND OTHER ELIGIBLE 18 ENTITIES AS DEFINED IN SECTION 3. 19 (4) A FORMULA BASIS SHALL BE ESTABLISHED FOR THE 20 DISTRIBUTION OF FUNDS RESERVED FOR COMMUNITY ACTION AGENCIES. 21 THE FORMULA SHALL INCLUDE CONSIDERATION OF THE NUMBER OF 22 PERSONS BELOW THE POVERTY LEVEL AND THE NUMBER OF PERSONS 23 UNEMPLOYED, AS DETERMINED ANNUALLY BY THE UNITED STATES 24 DEPARTMENT OF LABOR, AND SHALL INCLUDE A MINIMUM FUNDING 25 LEVEL OF COMMUNITY SERVICES BLOCK GRANT FUNDS FOR EXISTING 26 COMMUNITY ACTION AGENCIES MEETING THE REQUIREMENTS OF THE 27 OMNIBUS BUDGET RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35, 28 95 STAT. 357) AND A STATEWIDE MIGRANT AND SEASONAL 29 FARMWORKERS' ORGANIZATION APPROVED BY THE SECRETARY. 30 (5) A MINIMUM FUNDING LEVEL OF ONLY COMMUNITY SERVICE 20010H0247B3459 - 11 -
1 BLOCK GRANT FUNDS SHALL BE SET AT $150,000. 2 (6) AS ESTABLISHED BY THE FORMULA UNDER THIS SECTION, 3 THE DETERMINATION OF ANNUAL FUNDING LEVELS SHALL BE MADE BY 4 THE SECRETARY BASED ON INPUT FROM THE LOCAL AGENCIES AND THE 5 COMMUNITY SERVICES BLOCK GRANT ADVISORY TASK FORCE. 6 (A.1) REDUCTION OR TERMINATION OF FUNDING.-- 7 (1) ANY COMMUNITY ACTION AGENCY OR MIGRANT AND SEASONAL 8 FARMWORKER ORGANIZATION WHICH RECEIVED FUNDING IN THE 9 PREVIOUS FISCAL YEAR UNDER THIS ACT WILL NOT HAVE ITS PRESENT 10 OR FUTURE FUNDING TERMINATED UNDER THIS ACT OR REDUCED BELOW 11 THE PROPORTIONAL SHARE OF FUNDING IT RECEIVED IN THE PREVIOUS 12 FISCAL YEAR UNLESS, AFTER NOTICE AND OPPORTUNITY FOR HEARING 13 ON THE RECORD, THE COMMONWEALTH DETERMINES THAT CAUSE EXISTED 14 FOR SUCH TERMINATION OR SUCH REDUCTION, SUBJECT HOWEVER TO 15 REVIEW UNDER SECTION 676A OF THE OMNIBUS BUDGET 16 RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35, 95 STAT. 357). 17 (2) FOR PURPOSES OF MAKING A DETERMINATION WITH RESPECT 18 TO A FUNDING REDUCTION, THE TERM "CAUSE" INCLUDES: 19 (I) A STATEWIDE REDISTRIBUTION OF FUNDS UNDER THIS 20 ACT TO RESPOND TO: 21 (A) THE RESULTS OF THE MOST RECENTLY AVAILABLE 22 CENSUS OR OTHER APPROPRIATE DATA; 23 (B) THE ESTABLISHMENT OF A NEW ELIGIBLE ENTITY; 24 (C) SEVERE ECONOMIC DISLOCATION; AND 25 (II) THE FAILURE OF AN ELIGIBLE ENTITY TO COMPLY 26 WITH THE TERMS OF ITS AGREEMENT TO PROVIDE SERVICES UNDER 27 THIS ACT. 28 (B) GRANT PREREQUISITE.--THE SECRETARY SHALL REQUIRE, AS A 29 CONDITION OF ASSISTANCE, THAT EACH COMMUNITY ACTION AGENCY OR 30 OTHER ELIGIBLE AGENCY DESIGNATED FOR FUNDING ADOPT A SYSTEMATIC 20010H0247B3459 - 12 -
1 APPROACH FOR ACHIEVING THE FUNCTIONS STATED IN SECTION 5(B) AND 2 FOR UTILIZING THE FUNDS PROVIDED UNDER THIS ACT. SUCH AN 3 APPROACH SHALL ENCOMPASS A PLANNING AND IMPLEMENTATION PROCESS 4 WHICH SEEKS TO IDENTIFY THE PROBLEMS AND CAUSES OF POVERTY IN 5 THE COMMUNITY, SEEKS TO MOBILIZE AND COORDINATE RELEVANT PUBLIC 6 AND PRIVATE RESOURCES, ESTABLISHES PROGRAM PRIORITIES, LINKS 7 PROGRAM COMPONENTS WITH ONE ANOTHER AND WITH OTHER RELEVANT 8 PROGRAMS AND PROVIDES FOR EVALUATION. 9 (C) PROGRAM PRIORITIES.--THE SECRETARY MAY ESTABLISH 10 STATEWIDE PRIORITIES FOR THE OFFERING OF SPECIFIC SERVICES OR 11 TYPE OF SERVICES. IN ESTABLISHING THESE PRIORITIES, THE 12 SECRETARY SHALL CONSIDER THE RECOMMENDATIONS OF THE COMMUNITY 13 SERVICES BLOCK GRANT ADVISORY TASK FORCE. 14 (D) DETERMINATION OF LOCAL SERVICES.--TO PROMOTE LOCAL 15 RESPONSIBILITY AND INITIATIVES, DECISIONS REGARDING WHICH OF THE 16 QUALIFIED SERVICES SHALL BE PROVIDED SHALL BE ESTABLISHED 17 THROUGH A LOCAL PLANNING PROCESS ADMINISTERED BY THE LOCAL 18 AGENCY. THE PLAN SHOULD BE BASED ON THE RECOMMENDATIONS OF THE 19 LOCAL BOARD OF DIRECTORS AND THE PUBLIC AT LARGE AND THE 20 STATEWIDE PRIORITIES ESTABLISHED BY THE SECRETARY. EACH LOCAL 21 AGENCY SHALL SUBMIT ITS PLAN TO THE DEPARTMENT FOR REVIEW TO 22 ENSURE ELIGIBILITY OF PROPOSED SERVICES UNDER THE PROVISION OF 23 FEDERAL LAW AND REGULATIONS AND CONSISTENCY, TO THE EXTENT 24 POSSIBLE, WITH THE STATEWIDE PRIORITIES. 25 SECTION 7. MONITORING OF COMMUNITY ACTION AGENCY. 26 (A) MONITORING PROCEDURES.--IT SHALL BE THE POLICY OF THE 27 DEPARTMENT TO MONITOR THE COMMUNITY ACTION AGENCIES TO ASSURE 28 COMPLIANCE WITH ALL CONTRACTUAL OBLIGATIONS AND TO ASSESS THE 29 EFFECTIVENESS OF LOCAL AGENCIES IN MEETING THE OBJECTIVES OF 30 THIS ACT AS OUTLINED IN SECTION 2 AND TO ASSESS THE IMPACT OF 20010H0247B3459 - 13 -
1 STATEWIDE PRIORITIES ON LOCAL SERVICES. MONITORING PROCEDURES 2 SHALL BE ESTABLISHED ANNUALLY BY THE DEPARTMENT AND PUBLISHED AS 3 PART OF THE STATE PLAN. 4 (B) ONSITE VISITS.--IF DETERMINED TO BE NECESSARY BY THE 5 DEPARTMENT, THE DEPARTMENT MAY CONDUCT AN AGENCY ONSITE VISIT. 6 THE DEPARTMENT MAY CONDUCT AN ONSITE VISIT TO CLARIFY 7 DISCREPANCIES THAT MAY RESULT FROM MONITORING PROCEDURES, REVIEW 8 AGENCY RECORDS REGARDING PROGRAMS FUNDED PURSUANT TO THIS ACT, 9 INTERVIEW AGENCY PERSONNEL AND BOARD MEMBERS AND INTERVIEW 10 AGENCY CONSTITUENTS AND OTHER LOCAL HUMAN SERVICES AGENCIES. 11 (C) PREPARATION OF REPORT.--THE DEPARTMENT SHALL PREPARE A 12 REPORT, USING THE FINDINGS OF THE MONITORING PROCEDURES AND 13 ONSITE VISITS, IF CONDUCTED, WHICH IDENTIFIES AGENCY STRENGTHS 14 AND WEAKNESSES AND ANY REQUIRED REMEDIAL ACTIONS. A COPY OF THE 15 REPORT SHALL BE FORWARDED BY MAIL TO THE COMMUNITY ACTION 16 AGENCY. THE AGENCY MAY REQUEST A CONFERENCE WITH THE DEPARTMENT 17 TO DISCUSS THE REPORT. 18 SECTION 8. FISCAL CONTROL AND FUND ACCOUNTING. 19 UNDER THE PROVISIONS OF THE OMNIBUS BUDGET RECONCILIATION ACT 20 OF 1981 (PUBLIC LAW 97-35, 95 STAT. 357), THE DEPARTMENT SHALL: 21 (1) PROVIDE THAT FISCAL CONTROL AND FUND ACCOUNTING 22 PROCEDURES BE ESTABLISHED AS MAY BE NECESSARY TO ASSURE THE 23 PROPER DISBURSEMENT OF AND ACCOUNTING FOR FEDERAL FUNDS PAID 24 TO THE COMMONWEALTH. THIS INCLUDES PROCEDURES WHICH MAY BE 25 NECESSARY FOR MONITORING THE ASSISTANCE PROVIDED TO COMMUNITY 26 ACTION AGENCIES AND OTHER ELIGIBLE AGENCIES UNDER THE 27 PROVISIONS OF THAT ACT. 28 (2) PROVIDE THAT AT LEAST ONCE A YEAR THE DEPARTMENT 29 SHALL PREPARE AN AUDIT OF ITS EXPENDITURES OF AMOUNTS 30 RECEIVED AND TRANSFERRED TO CARRY OUT THE PURPOSES OF THIS 20010H0247B3459 - 14 -
1 SECTION. IF THE AUDITING AND MONITORING PROCEDURES RESULT IN 2 ANY AUDIT EXCEPTIONS OR DISALLOWED COSTS ON THE PART OF ANY 3 LOCAL AGENCY, THE LOCAL AGENCY SHALL REIMBURSE THE DEPARTMENT 4 FOR SAID AUDIT EXCEPTIONS AND DISALLOWED COSTS FROM NON-STATE 5 AND NON-FEDERAL FUNDS. 6 (3) PERMIT AND COOPERATE WITH FEDERAL INVESTIGATIONS 7 UNDERTAKEN PURSUANT TO SECTION 679 OF THE OMNIBUS BUDGET 8 RECONCILIATION ACT OF 1981. 9 SECTION 9. REMEDIES. 10 (A) NOTICE OF DISCREPANCY OR VIOLATION.--IF A DISCREPANCY OR 11 VIOLATION OF THIS ACT IS DISCOVERED THROUGH MONITORING AND 12 AUDITING ACTIVITIES OF THE DEPARTMENT, THE DEPARTMENT SHALL 13 NOTIFY THE COMMUNITY ACTION AGENCY OF THE DISCREPANCY OR 14 VIOLATION IMMEDIATELY BY CERTIFIED MAIL. 15 (B) AGENCY RESPONSE.--THE AGENCY SHALL RESPOND TO THE 16 DEPARTMENT'S NOTICE OF DISCREPANCY OR VIOLATION WITHIN TWO WEEKS 17 OF RECEIPT OF SAID NOTICE BY WRITTEN CORRESPONDENCE TO, OR BY 18 REQUESTING A MEETING WITH, THE DEPARTMENT TO NEGOTIATE OR 19 CLARIFY FACTS. 20 (C) AGENCY NONCOMPLIANCE.--IF THE COMMUNITY ACTION AGENCY IS 21 FOUND TO HAVE BEEN IN NONCOMPLIANCE WITH THE PROVISIONS OF THIS 22 ACT, THE DEPARTMENT SHALL HAVE THE POWER TO DO ANY OF THE 23 FOLLOWING: 24 (1) REQUIRE APPROPRIATE CORRECTIVE MEASURES AND PROVIDE 25 TECHNICAL ASSISTANCE TO ASSIST IN IMPLEMENTING THEM. 26 (2) PLACE THE COMMUNITY ACTION AGENCY ON PROBATION UNTIL 27 THE AGENCY COMPLIES WITH THIS ACT. 28 (D) AGENCY VIOLATION.--NOTWITHSTANDING SUBSECTION (B), IF 29 THE DEPARTMENT DETERMINES THAT A VIOLATION HAS OCCURRED WITH 30 WILLFUL DISREGARD FOR THIS ACT, THE DEPARTMENT MAY DO ANY OF THE 20010H0247B3459 - 15 -
1 FOLLOWING: 2 (1) SUSPEND THE COMMUNITY SERVICE BLOCK GRANT CONTRACT 3 FOR A DESIGNATED PERIOD OF TIME. THE AGENCY MUST THEN RECTIFY 4 THE VIOLATION AND REESTABLISH ITSELF AS COMPETENT AS 5 DETERMINED BY THE DEPARTMENT TO CARRY OUT THOSE 6 RESPONSIBILITIES ENUMERATED IN THIS STATUTE FOR A COMMUNITY 7 ACTION AGENCY. 8 (2) CLOSE OUT THE COMMUNITY SERVICE BLOCK GRANT CONTRACT 9 THROUGH THE PROCESS OF DEFUNDING, IN ACCORDANCE WITH FEDERAL 10 LAW AND REGULATIONS. IF CLOSEOUT IS APPROVED BY THE 11 SECRETARY, A MINIMUM OF 30 DAYS' NOTICE SHALL BE GIVEN TO THE 12 AGENCY. THE DEPARTMENT SHALL OVERSEE AGENCY EQUIPMENT 13 INVENTORY TRANSFER TO OTHER AGENCIES. 14 (E) RIGHT OF APPEAL.--THE COMMUNITY ACTION AGENCY SHALL, AT 15 ALL TIMES, RETAIN THE RIGHT TO APPEAL ANY DEPARTMENTAL 16 ADJUDICATIONS CONCERNING THIS PROGRAM AS OTHERWISE PROVIDED BY 17 LAW. 18 SECTION 10. WAIVERS. 19 IF A DETERMINATION IS MADE BY THE DEPARTMENT OF HEALTH AND 20 HUMAN SERVICES THAT ANY PROVISIONS OF THIS ACT ARE IN VIOLATION 21 OF FEDERAL LAW OR REGULATIONS AND WOULD JEOPARDIZE FEDERAL 22 FUNDING, THE SECRETARY, WITH THE APPROVAL OF THE GOVERNOR, MAY 23 SUSPEND THOSE SECTIONS, OR PORTIONS THEREOF, WHOSE ENFORCEMENT 24 CONSTITUTES SAID VIOLATIONS. 25 SECTION 11. CONSTRUCTION. 26 THIS ACT SHALL BE CONSTRUED AS A CONTINUATION OF THE ACT OF 27 JULY 10, 1986 (P.L.1263, NO.116), KNOWN AS THE COMMUNITY 28 SERVICES ACT. 29 SECTION 12. RETROACTIVITY. 30 THIS ACT SHALL BE RETROACTIVE TO JANUARY 1, 2002. 20010H0247B3459 - 16 -
1 SECTION 13. EXPIRATION. 2 THIS ACT SHALL EXPIRE DECEMBER 31, 2006. 3 SECTION 14. EFFECTIVE DATE. 4 THIS ACT SHALL TAKE EFFECTIVE IMMEDIATELY. A3L14BIL/20010H0247B3459 - 17 -