42 U.S.C. § 9903 — Authorization of appropriations

Page 7949 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9903 education system’s failure to provide in-person learn- ing options. Students whose families pay tuition for their edu- cation are also facing significant hardships due to the economic disruptions caused by the pandemic. Scores of private schools, including approximately 100 Catho- lic schools, have permanently closed since the onset of COVID–19, and more than half of our Nation’s private schools are believed to have lost enrollment due to the pandemic. These closures and declining enrollments are harmful to students, bad for communities, and likely to impose increased strain on public school systems. I am committed to ensuring that all children of our great Nation have access to the educational resources they need to obtain a high-quality education and to im- proving students’ safety and well-being, including by empowering families with emergency learning scholar- ships. SEC. 2. Providing Emergency Learning Scholarships for Students. The Secretary of Health and Human Services shall take steps, consistent with law, to allow funds available through the Community Services Block Grant program to be used by grantees and eligible enti- ties to provide emergency learning scholarships to dis- advantaged families for use by any child without access to in-person learning. These scholarships may be used for: (i) tuition and fees for a private or parochial school; (ii) homeschool, microschool, or learning-pod costs; (iii) special education and related services, including therapies; or (iv) tutoring or remedial education. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 9902. Definitions In this chapter: (1) Eligible entity; family literacy services (A) Eligible entity The term ‘‘eligible entity’’ means an enti- ty— (i) that is an eligible entity described in paragraph (1) (as in effect on the day be- fore October 27, 1998) as of the day before October 27, 1998, or is designated by the process described in section 9909 of this title (including an organization serving migrant or seasonal farmworkers that is so described or designated); and (ii) that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of section 9910 of this title. (B) Family literacy services The term ‘‘family literacy services’’ has the meaning given the term in section 9832 of this title. (2) Poverty line The term ‘‘poverty line’’ means the official poverty line defined by the Office of Manage- ment and Budget based on the most recent data available from the Bureau of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant pro- gram established under this chapter. The re- quired revision shall be accomplished by mul- tiplying the official poverty line by the per- centage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever a State determines that it serves the objectives of the block grant program established under this chapter, the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph. (3) Private, nonprofit organization The term ‘‘private, nonprofit organization’’ includes a religious organization, to which the provisions of section 9920 of this title shall apply. (4) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (5) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Pub. L. 97–35, title VI, § 673, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2729.) Editorial Notes PRIOR PROVISIONS A prior section 9902, Pub. L. 97–35, title VI, § 673, Aug. 13, 1981, 95 Stat. 511; Pub. L. 97–115, § 17(a)(1), Dec. 29, 1981, 95 Stat. 1609; Pub. L. 98–288, § 31(a), May 21, 1984, 98 Stat. 197; Pub. L. 98–558, title II, § 202, Oct. 30, 1984, 98 Stat. 2884; Pub. L. 99–425, title IV, § 402, Sept. 30, 1986, 100 Stat. 968; Pub. L. 101–501, title IV, §§ 402, 408, Nov. 3, 1990, 104 Stat. 1251, 1255; Pub. L. 103–171, § 7(c)(1), Dec. 2, 1993, 107 Stat. 1994, defined terms used in this chapter, prior to the general amendment of this chapter by Pub. L. 105–285. § 9903. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary for each of fiscal years 1999 through 2003 to carry out the provi- sions of this chapter (other than sections 9922 and 9923 of this title). (b) Reservations Of the amounts appropriated under subsection (a) for each fiscal year, the Secretary shall re- serve— (1) 1⁄2 of 1 percent for carrying out section 9905 of this title (relating to payments for ter- ritories); (2) 11⁄2 percent for activities authorized in sections 9913 through 9918 of this title, of which— Page 7950 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9904 1 See References in Text note below. (A) not less than 1⁄2 of the amount reserved by the Secretary under this paragraph shall be distributed directly to eligible entities, organizations, or associations described in section 9913(c)(2) of this title for the purpose of carrying out activities described in sec- tion 9913(c) of this title; and (B) 1⁄2 of the remainder of the amount re- served by the Secretary under this para- graph shall be used by the Secretary to carry out evaluation and to assist States in carrying out corrective action activities and monitoring (to correct programmatic defi- ciencies of eligible entities), as described in sections 9914(c) and 9913 of this title; and (3) 9 percent for carrying out section 9921 of this title (relating to discretionary activities) and section 9917(b)(2) of this title. (Pub. L. 97–35, title VI, § 674, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2730.) Editorial Notes PRIOR PROVISIONS A prior section 9903, Pub. L. 97–35, title VI, § 674, Aug. 13, 1981, 95 Stat. 512; Pub. L. 99–425, title IV, § 405(c)(1), Sept. 30, 1986, 100 Stat. 970; Pub. L. 101–501, title IV, § 403, Nov. 3, 1990, 104 Stat. 1251; Pub. L. 103–171, § 7(c)(2), Dec. 2, 1993, 107 Stat. 1994; Pub. L. 103–252, title II, § 202(b), May 18, 1994, 108 Stat. 651, related to State allo- cations for technical assistance and training, prior to the general amendment of this chapter by Pub. L. 105–285. § 9904. Establishment of block grant program The Secretary is authorized to establish a community services block grant program and make grants through the program to States to ameliorate the causes of poverty in commu- nities within the States. (Pub. L. 97–35, title VI, § 675, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2730.) Editorial Notes PRIOR PROVISIONS A prior section 9904, Pub. L. 97–35, title VI, § 675, Aug. 13, 1981, 95 Stat. 513; Pub. L. 97–115, § 17(a)(2), (b), Dec. 29, 1981, 95 Stat. 1609; Pub. L. 98–558, title II, § 203(a)–(c), Oct. 30, 1984, 98 Stat. 2885; Pub. L. 99–425, title IV, §§ 403(a)(1), (b), 404(b), Sept. 30, 1986, 100 Stat. 968, 969; Pub. L. 101–501, title IV, § 404(a), (b), Nov. 3, 1990, 104 Stat. 1252; Pub. L. 101–624, title XVII, § 1772(h)(6), Nov. 28, 1990, 104 Stat. 3809; Pub. L. 103–94, § 6, Oct. 6, 1993, 107 Stat. 1005; Pub. L. 103–252, title II, § 202(c)–(g), May 18, 1994, 108 Stat. 652–654, related to applications and re- quirements for community block grant program, prior to the general amendment of this chapter by Pub. L. 105–285. § 9905. Distribution to territories (a) Apportionment The Secretary shall apportion the amount re- served under section 9903(b)(1) of this title for each fiscal year on the basis of need among Guam, American Samoa, the United States Vir- gin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Application Each jurisdiction to which subsection (a) ap- plies may receive a grant under this section for the amount apportioned under subsection (a) on submitting to the Secretary, and obtaining ap- proval of, an application, containing provisions that describe the programs for which assistance is sought under this section, that is prepared in accordance with, and contains the information described in, section 9908 of this title. (Pub. L. 97–35, title VI, § 675A, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2730.) Editorial Notes PRIOR PROVISIONS Prior sections 9905 and 9905a were omitted in the gen- eral amendment of this chapter by Pub. L. 105–285. Section 9905, Pub. L. 97–35, title VI, § 676, Aug. 13, 1981, 95 Stat. 516, related to establishment and functions of the Office of Community Services. Section 9905a, Pub. L. 97–35, title VI, § 676A, as added Pub. L. 98–558, title II, § 203(d), Oct. 30, 1984, 98 Stat. 2885; amended Pub. L. 99–425, title IV, § 403(a)(2)–(4), Sept. 30, 1986, 100 Stat. 968, 969; Pub. L. 101–501, title IV, § 404(c), Nov. 3, 1990, 104 Stat. 1252, related to procedures for review of termination or reduction of funding. § 9906. Allotments and payments to States (a) Allotments in general The Secretary shall, from the amount appro- priated under section 9903(a) of this title for each fiscal year that remains after the Sec- retary makes the reservations required in sec- tion 9903(b) of this title, allot to each State (sub- ject to section 9911 of this title) an amount that bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 2808 1 of this title bore to the total amount received by all States for fis- cal year 1981 under such section, except— (1) that no State shall receive less than 1⁄4 of 1 percent of the amount appropriated under section 9903(a) of this title for such fiscal year; and (2) as provided in subsection (b). (b) Allotments in years with greater available funds (1) Minimum allotments Subject to paragraphs (2) and (3), if the amount appropriated under section 9903(a) of this title for a fiscal year that remains after the Secretary makes the reservations required in section 9903(b) of this title exceeds $345,000,000, the Secretary shall allot to each State not less than 1⁄2 of 1 percent of the amount appropriated under section 9903(a) of this title for such fiscal year. (2) Maintenance of fiscal year 1990 levels Paragraph (1) shall not apply with respect to a fiscal year if the amount allotted under sub- section (a) to any State for that year is less than the amount allotted under section 9903(a)(1) of this title (as in effect on Sep- tember 30, 1989) to such State for fiscal year 1990. (3) Maximum allotments The amount allotted under paragraph (1) to a State for a fiscal year shall be reduced, if necessary, so that the aggregate amount allot-