HOUSE AMENDED
PRIOR PRINTER'S NO. 2280 PRINTER'S NO. 2601
No. 1788 Session of 1992
INTRODUCED BY SHUMAKER, PUNT, FISHER, AFFLERBACH, WENGER,
HOPPER, HELFRICK, PORTERFIELD AND RHOADES, JUNE 1, 1992
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 1992
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," ADDING A DEFINITION OF <--
5 "CASE MANAGEMENT"; FURTHER PROVIDING FOR ELIGIBILITY FOR
6 FUNDING, FOR PROGRAM PARTICIPATION AND FOR FINANCIAL
7 ASSISTANCE; AND extending the expiration date of the act.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 11 of the act of July 10, 1986 (P.L.1263, <--
11 No.116), known as the Community Services Act, amended July 10,
12 SECTION 1. SECTION 2 OF ACT OF JULY 10, 1986 (P.L.1263, <--
13 NO.116), KNOWN AS THE COMMUNITY SERVICES ACT, IS AMENDED TO
14 READ:
15 SECTION 2. DECLARATION OF POLICY.
16 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
17 (1) IT IS THE INTENTION OF THE GENERAL ASSEMBLY AS A
18 MATTER OF PUBLIC POLICY TO AFFIRM THE COMMITMENT OF THE
19 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 (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
19920S1788B2601 - 2 -
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
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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 2. SECTION 3 OF THE ACT IS AMENDED BY ADDING A
15 DEFINITION TO READ:
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 "CASE MANAGEMENT." A SERIES OF COORDINATED ACTIVITIES TO
21 DETERMINE, WITH THE INCOME-ELIGIBLE INDIVIDUALS, WHAT SERVICES
22 ARE NEEDED AND TO COORDINATE THEIR TIMELY PROVISION WITHIN THE
23 AGENCY AND THROUGH OTHER RESOURCES IN THE COMMUNITY.
24 * * *
25 SECTION 3. SECTION 4(A) OF THE ACT, AMENDED JULY 10, 1989
26 (P.L.287, NO.49), IS AMENDED TO READ:
27 SECTION 4. ELIGIBILITY FOR COMMUNITY SERVICES BLOCK GRANT FUNDS
28 AND DESIGNATION OF COMMUNITY ACTION AGENCIES.
29 (A) COMMUNITY ACTION AGENCY RECEIVES BLOCK GRANTS.--EACH
30 COUNTY AND FIRST AND SECOND CLASS CITY WITHIN THIS COMMONWEALTH
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1 TO RECEIVE FUNDS UNDER THIS ACT SHALL HAVE A COMMUNITY ACTION
2 AGENCY DESIGNATED TO RECEIVE COMMUNITY SERVICES BLOCK GRANT
3 FUNDS. THESE COMMUNITY ACTION AGENCIES MAY BE AN ARM OF THE
4 DESIGNATING UNIT OF GOVERNMENT OR OTHER ELIGIBLE ENTITY,
5 CONSTITUTED SO THAT ONE-THIRD OF THE MEMBERS OF THE BOARD OF
6 DIRECTORS ARE ELECTED PUBLIC OFFICIALS CURRENTLY HOLDING OFFICES
7 OR THEIR REPRESENTATIVES, EXCEPT THAT, IF THE NUMBER OF ELECTED
8 OFFICIALS REASONABLY AVAILABLE AND WILLING TO SERVE IS LESS THAN
9 ONE-THIRD OF THE BOARD MEMBERSHIP, MEMBERSHIP ON THE BOARD OF
10 APPOINTIVE OFFICIALS MAY BE COUNTED IN MEETING SUCH ONE-THIRD
11 REQUIREMENT; AT LEAST ONE-THIRD ARE PERSONS CHOSEN IN ACCORDANCE
12 WITH DEPARTMENTALLY APPROVED DEMOCRATIC SELECTION PROCEDURES
13 ADEQUATE TO ASSURE THAT THEY ARE REPRESENTATIVE OF THE POOR IN
14 THE AREA SERVED; AND THE REMAINDER OF THE MEMBERS ARE OFFICIALS
15 OR MEMBERS OF BUSINESS, INDUSTRY, LABOR, RELIGIOUS, WELFARE,
16 EDUCATION OR OTHER MAJOR GROUPS AND INTERESTS IN THE COMMUNITY.
17 * * *
18 SECTION 4. SECTION 5(A)(1) AND (C) OF THE ACT ARE AMENDED
19 AND SUBSECTION (B) IS AMENDED BY ADDING A CLAUSE TO READ:
20 SECTION 5. COMMUNITY ACTION AGENCIES AND BOARD.
21 (A) POWERS OF AGENCY.--EACH COMMUNITY ACTION AGENCY
22 DESIGNATED AND CREATED PURSUANT TO THE CRITERIA SET FORTH IN
23 SECTION 4 SHALL:
24 (1) DEVELOP AND IMPLEMENT PROGRAMS AND PROJECTS DESIGNED
25 IN ACCORDANCE WITH FEDERAL REGULATIONS ESTABLISHED UNDER THE
26 OMNIBUS BUDGET RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35,
27 95 STAT. 357) TO SERVE THE POOR OR LOW-INCOME AREAS WITH
28 MAXIMUM FEASIBLE PARTICIPATION OF RESIDENTS OF THE AREAS AND
29 MEMBERS OF THE GROUPS SERVED, SO AS TO BEST STIMULATE AND
30 TAKE FULL ADVANTAGE OF CAPABILITIES FOR SELF-ADVANCEMENT AND
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1 ASSURE THAT THOSE PROGRAMS AND PROJECTS ARE OTHERWISE
2 MEANINGFUL TO AND WIDELY UTILIZED BY THEIR INTENDED
3 BENEFICIARIES. PARTICIPATION IN ANY COMMUNITY SERVICE BLOCK
4 GRANT PROGRAM IS LIMITED TO PERSONS WHOSE INCOME IN RELATION
5 TO FAMILY SIZE DOES NOT EXCEED 125% OF THE OFFICIAL POVERTY
6 LINE ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND
7 BUDGET.
8 * * *
9 (B) FUNCTIONS OF AGENCY.--IN EXERCISING ITS POWERS AND
10 CARRYING OUT ITS OVERALL RESPONSIBILITY FOR A COMMUNITY ACTION
11 PROGRAM, A COMMUNITY ACTION AGENCY SHALL HAVE, SUBJECT TO THE
12 PURPOSES OF THIS ACT, AT LEAST THE FOLLOWING FUNCTIONS:
13 * * *
14 (6) UTILIZING A COMPREHENSIVE CASE MANAGEMENT APPROACH
15 TO THE PROVISION OF SERVICES PROVIDED TO ELIGIBLE LOW-INCOME
16 INDIVIDUALS AS DEFINED IN SECTION 3.
17 (C) PROHIBITION OF ACTIVITIES.--NO COMMUNITY ACTION AGENCY
18 OR LIMITED PURPOSE AGENCY RECEIVING FUNDS PURSUANT TO THIS ACT
19 MAY ENGAGE IN ORGANIZED POLITICAL ACTIVITY, INCLUDING, BUT NOT
20 LIMITED TO, ENDORSEMENT OF CANDIDATES FOR PUBLIC OFFICE,
21 POLITICAL FUNDRAISING OR PROVIDE SIMILAR ASSISTANCE IN
22 CONNECTION WITH AN ELECTION; NOR SHALL FUNDS RECEIVED PURSUANT
23 TO THIS ACT BE EXPENDED FOR PROVIDING TRANSPORTATION OF VOTERS
24 OR PROSPECTIVE VOTERS TO THE POLLS ON A NONPARTISAN BASIS, FOR
25 PROVIDING ANY NONPARTISAN VOTER REGISTRATION ACTIVITY OR
26 LOBBYING EFFORTS AT THE LOCAL, STATE OR FEDERAL LEVEL.
27 SECTION 5. SECTION 6(A)(7) AND (D) OF THE ACT ARE AMENDED
28 AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
29 SECTION 6. FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES BLOCK
30 GRANT PROGRAM.
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1 (A) APPORTIONMENT OF APPROPRIATIONS.--TO HELP MEET THE
2 DEPARTMENT'S OBJECTIVE OF ESTABLISHING COMMUNITY ACTION AGENCIES
3 TO PROVIDE SERVICES TO ALL COUNTIES WITHIN THIS COMMONWEALTH,
4 THE SUM APPROPRIATED UNDER THE COMMUNITY SERVICES BLOCK GRANT
5 SHALL BE DISTRIBUTED AS FOLLOWS:
6 * * *
7 [(7) (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
8 SECTION, IF THE TOTAL AMOUNT OF FEDERAL AND STATE FUNDS
9 AVAILABLE FOR DISTRIBUTION TO COMMUNITY ACTION AGENCIES
10 FOR THE FISCAL YEAR BEGINNING JULY 1, 1989, AND
11 THEREAFTER, IS THE SAME OR GREATER THAN THE TOTAL AMOUNT
12 OF FEDERAL AND STATE FUNDS AVAILABLE FOR DISTRIBUTION
13 DURING THE 1988-1989 FISCAL YEAR, NO COMMUNITY ACTION
14 AGENCY SHALL RECEIVE AN ALLOCATION THAT IS LESS THAN THE
15 AMOUNT IT RECEIVED DURING THE 1988-1989 FISCAL YEAR.
16 (II) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
17 SECTION, IF THE TOTAL AMOUNT OF FEDERAL AND STATE FUNDS
18 AVAILABLE FOR DISTRIBUTION TO COMMUNITY ACTION AGENCIES
19 FOR THE FISCAL YEAR BEGINNING JULY 1, 1989, AND
20 THEREAFTER, IS LESS THAN THE TOTAL AMOUNT OF FEDERAL AND
21 STATE FUNDS AVAILABLE FOR DISTRIBUTION DURING THE 1988-
22 1989 FISCAL YEAR, EACH COMMUNITY ACTION AGENCY SHALL
23 RECEIVE THE SAME PERCENTAGE REDUCTION IN ITS ALLOCATION,
24 EXCEPT THAT NO COMMUNITY ACTION AGENCY SHALL RECEIVE LESS
25 THAN $150,000.]
26 (A.1) REDUCTION OR TERMINATION OF FUNDING.--
27 (1) ANY COMMUNITY ACTION AGENCY OR MIGRANT AND SEASONAL
28 FARMWORKER ORGANIZATION WHICH RECEIVED FUNDING IN THE
29 PREVIOUS FISCAL YEAR UNDER THIS ACT WILL NOT HAVE ITS PRESENT
30 OR FUTURE FUNDING TERMINATED UNDER THIS ACT OR REDUCED BELOW
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1 THE PROPORTIONAL SHARE OF FUNDING IT RECEIVED IN THE PREVIOUS
2 FISCAL YEAR UNLESS AFTER NOTICE, AND OPPORTUNITY FOR HEARING
3 ON THE RECORD, THE COMMONWEALTH DETERMINES THAT CAUSE EXISTED
4 FOR SUCH TERMINATION OR SUCH REDUCTION, SUBJECT HOWEVER TO
5 REVIEW UNDER SECTION 676A OF THE OMNIBUS BUDGET
6 RECONCILIATION ACT OF 1981 (PUBLIC LAW 97-35, 95 STAT. 357).
7 (2) FOR PURPOSES OF MAKING A DETERMINATION WITH RESPECT
8 TO A FUNDING REDUCTION, THE TERM 'CAUSE' INCLUDES:
9 (I) A STATEWIDE REDISTRIBUTION OF FUNDS UNDER THIS
10 ACT TO RESPOND TO:
11 (A) THE RESULTS OF THE MOST RECENTLY AVAILABLE
12 CENSUS OR OTHER APPROPRIATE DATA;
13 (B) THE ESTABLISHMENT OF A NEW ELIGIBLE ENTITY;
14 (C) SEVERE ECONOMIC DISLOCATION; AND
15 (II) THE FAILURE OF AN ELIGIBLE ENTITY TO COMPLY
16 WITH THE TERMS OF ITS AGREEMENT TO PROVIDE SERVICES UNDER
17 THIS ACT.
18 * * *
19 (D) DETERMINATION OF LOCAL SERVICES.--TO PROMOTE LOCAL
20 RESPONSIBILITY AND INITIATIVES, DECISIONS REGARDING WHICH OF THE
21 QUALIFIED SERVICES SHALL BE PROVIDED SHALL BE ESTABLISHED
22 THROUGH A LOCAL PLANNING PROCESS ADMINISTERED BY THE LOCAL
23 AGENCY. THE PLAN SHOULD BE BASED ON THE RECOMMENDATIONS OF THE
24 LOCAL BOARD OF DIRECTORS AND THE PUBLIC AT LARGE AND THE
25 STATEWIDE PRIORITIES ESTABLISHED BY THE SECRETARY. EACH LOCAL
26 AGENCY SHALL SUBMIT ITS PLAN TO THE DEPARTMENT FOR REVIEW TO
27 ENSURE ELIGIBILITY OF PROPOSED SERVICES UNDER THE PROVISION OF
28 FEDERAL LAW AND REGULATIONS AND CONSISTENCY, TO THE EXTENT
29 POSSIBLE, WITH THE STATEWIDE PRIORITIES.
30 SECTION 6. SECTION 11 OF THE ACT, AMENDED JULY 10, 1989
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1 (P.L.287, No.49), is amended to read:
2 Section 11. Expiration.
3 This act shall expire December 31, [1992] 1995, unless
4 extended by statute.
5 Section 2 7. This act shall take effect immediately. <--
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