42 U.S.C. § 9925 — Demonstration partnership agreements

Page 7967 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9925 ignated under title II of the Economic Oppor- tunity Act of 1964 shall be construed to be a ref- erence to an entity eligible to receive funds under the community services block grant pro- gram. (Pub. L. 97–35, title VI, § 683, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2755.) Editorial Notes REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title II of the Act was classified generally to subchapter II (§ 2781 et seq.) of chapter 34 of this title prior to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Section 625 of the Act, which was subsequently re- numbered section 624 of the Act and related to the pov- erty line, was classified to section 2971d of this title, prior to repeal by section 683(a) of Pub. L. 97–35. For complete classification of this Act to the Code, see Ta- bles. PRIOR PROVISIONS A prior section 683 of Pub. L. 97–35 was classified to section 9911 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. Another prior section 683 of Pub. L. 97–35 was renum- bered section 684, and was classified to section 9912 of this title, prior to the general amendment of this chap- ter by Pub. L. 105–285. § 9925. Demonstration partnership agreements addressing needs of poor (a) General authority (1) In order to stimulate the development of new approaches to provide for greater self-suffi- ciency of the poor, to test and evaluate such new approaches, to disseminate project results and evaluation findings so that such approaches can be replicated, and to strengthen the integration, coordination, and redirection of activities to promote maximum self-sufficiency among the poor, the Secretary may make grants from funds appropriated under subsection (e) to eligi- ble entities for the development and implemen- tation of new and innovative approaches to deal with particularly critical needs or problems of the poor which are common to a number of com- munities. Grants may be made only with respect to applications which— (A) involve activities which can be incor- porated into or be closely coordinated with el- igible entities’ ongoing programs; (B) involve significant new combinations of resources or new and innovative approaches involving partnership agreements; (C) are structured in a way that will, within the limits of the type of assistance or activi- ties contemplated, most fully and effectively promote the purposes of the Community Serv- ices Block Grant Act [42 U.S.C. 9901 et seq.]; and (D) contain an assurance that the applicant for such grants will obtain an independent, methodologically sound evaluation of the ef- fectiveness of the activities carried out with such grant and will submit such evaluation to the Secretary. (2) No grant may be made under this section unless an application is submitted to the Sec- retary at such time, in such manner, and con- taining or accompanied by such information, as the Secretary may require. (3) Initial and subsequent grant awards may fully fund projects for periods of up to 3 years. (b) Federal share; limitations (1)(A) Subject to subparagraph (B), grants awarded pursuant to this section shall be used for programs and shall not exceed 50 per centum of the cost of such programs. (B) After the first funding period for which an eligible entity receives a grant under this sec- tion to carry out a program, the amount of a subsequent grant made under this section to such entity to carry out such program may not exceed 80 percent of the amount of the grant previously received by such entity under this section to carry out such program. (2) Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. (3) Not more than one grant in each fiscal year may be made to any eligible entity, and no grant may exceed $350,000. Not more than 2 grants may be made under this section to an eli- gible entity to carry out a particular program. (4) No application may be approved for assist- ance under this section unless the Secretary is satisfied that— (A) the activities to be carried out under the application will be in addition to, and not in substitution for, activities previously carried on without Federal assistance; and (B) funds or other resources devoted to pro- grams designed to meet the needs of the poor within the community, area, or State will not be diminished in order to provide the match- ing contributions required under this section. (c) Programs directed to special populations (1) In addition to the grant programs described in subsection (a), the Secretary may make grants to community action agencies for the purpose of enabling such agencies to dem- onstrate new approaches to dealing with the problems caused by entrenched, chronic unem- ployment and lack of economic opportunities for urban youth. Demonstrations shall include such activities as peer counseling, mentoring, devel- opment of job skills, assistance with social skills, community services, family literacy, par- enting skills, opportunities for employment or entrepreneurship, and other services designed to assist such at-risk youth to continue their edu- cation, to secure meaningful employment, to perform community service, or to pursue other productive alternatives within the community. (2) Such grants may be made only with respect to applications that— (A) identify and describe the population to be served, the problems to be addressed, the overall approach and methods of outreach and recruitment to be used, and the services to be provided; (B) describe how the approach to be used dif- fers from other approaches used for the popu- lation to be served by the project; (C) describe the objectives of the project and contain a plan for measuring progress toward meeting those objectives; and (D) contain assurances that the grantee will report on the progress and results of the dem- Page 7968 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9925 1 See References in Text note below. onstration at such times and in such manner as the Secretary shall require. (3) Notwithstanding subsection (b), such grants shall not exceed 80 percent of the cost of such programs. (4) Such grants made under this subsection on a competitive basis shall be based on an annual competition determined by the Secretary. Grants made under this subsection shall not ex- ceed $500,000. (d) Dissemination of results As soon as practicable, but not later than 180 days after the end of the fiscal year in which a recipient of a grant under this section completes the expenditure of such grant, the Secretary shall prepare and make available to each State and each eligible entity a description of the pro- gram carried out with such grant, any relevant information developed and results achieved, and a summary of the evaluation of such program received under subsection (a)(1)(D) so as to pro- vide a model of innovative programs for other eligible entities. (e) Replication of programs (1) The Secretary shall annually identify pro- grams that receive grants under this section that demonstrate a significant potential for dealing with particularly critical needs or prob- lems of the poor that exist in a number of com- munities. (2) Not less than 10 percent, and not more than 25 percent, of the funds appropriated for each fiscal year to carry out this section shall be available to make grants under this section to replicate in additional geographic areas pro- grams identified under paragraph (1). (f) Omitted (g) Definitions As used in this section— (1) the term ‘‘eligible entity’’ has the same meaning given such term by section 673(1) of the Community Services Block Grant Act (42 U.S.C. 9902(1)), except that such term includes an organization that serves migrant and sea- sonal farm workers and that receives a grant under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) in the fiscal year preceding the fiscal year for which such orga- nization requests a grant under this section; and (2) the term ‘‘Secretary’’ means the Sec- retary of Health and Human Services. (h) Authorization of appropriations (1) There are authorized to be appropriated $30,000,000 for fiscal year 1995, and such sums as may be necessary for fiscal years 1996, 1997, and 1998, to carry out this section. (2) Of the amounts appropriated for this sec- tion, not less than 30 percent and not more than 40 percent shall be used to carry out the pro- grams authorized under subsection (c). (3) In addition to sums which are required to carry out the evaluation, reporting, and dis- semination of results under subsections (a), (c), (d), and (f),1 the Secretary is authorized to re- serve up to 2 percent of the amounts appro- priated pursuant to subparagraphs (1) and (2) for administration of the program as well as for planning and technical assistance. (Pub. L. 99–425, title IV, § 408, Sept. 30, 1986, 100 Stat. 972; Pub. L. 101–204, title VII, § 705, Dec. 7, 1989, 103 Stat. 1821; Pub. L. 101–501, title VI, §§ 601, 602, Nov. 3, 1990, 104 Stat. 1257, 1258; Pub. L. 103–252, title II, § 207, May 18, 1994, 108 Stat. 656.) Editorial Notes REFERENCES IN TEXT The Community Services Block Grant Act, referred to in subsecs. (a)(1)(C) and (g)(1), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to this chapter (§ 9901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. Subsection (f) of this section, referred to in subsec. (h)(3), was omitted from the Code. CODIFICATION Subsec. (f) of this section, which required the Sec- retary to submit to the Committee on Education and Labor of the House of Representatives and the Com- mittee on Labor and Human Resources of the Senate an annual report describing programs for which grants were made under this section in the most recently com- pleted fiscal year and the evaluations received under subsec. (a)(1)(D) of this section in such fiscal year, de- scribing the methods used by the Secretary to comply with subsec. (d) of this section, making recommenda- tions regarding the suitability of carrying out such programs with funds made available under other Fed- eral laws, and describing each program identified under subsec. (d)(1) of this section or replicated under subsec. (e)(2) of this section and identifying the geographical location where such program was carried out, termi- nated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. See, also, the 4th item on page 98 of House Document No. 103–7. Section was formerly classified to section 9910b of this title. Section was enacted as part of the Human Services Reauthorization Act of 1986, and not as part of the Community Services Block Grant Act which comprises this chapter. AMENDMENTS 1994—Subsec. (a)(3). Pub. L. 103–252, § 207(1), added par. (3). Subsec. (b)(1)(B). Pub. L. 103–252, § 207(2), substituted ‘‘After the first funding period’’ for ‘‘After the first fis- cal year’’. Subsec. (c)(1). Pub. L. 103–252, § 207(3)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘In addition to the grant programs described in subsection (a) of this section, the Secretary shall make grants to eligible entities for the purpose of dem- onstrating new and innovative approaches to address- ing the problems of, and providing opportunities for leadership development, community involvement, and educational success to, disadvantaged persons between the ages of 14 and 25 from populations experiencing con- ditions such as a high poverty rate, high unemploy- ment, high dropout rate, low labor force participation, low enrollment in college or participation in other post high school training classes, high incidence of involve- ment in violence, and a high rate of incarceration. Services provided through approaches funded by such grants may include assessment and development of em- ployability plans, remedial education, motivational ac- tivities, life skills instruction, community service, Page 7969 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9926 1 So in original. Probably should be ‘‘under part’’. mentoring, access to information on available financial aid, campus visits, career education, cultural enrich- ment, and employment training, placement, and fol- low-up.’’ Subsec. (c)(4). Pub. L. 103–252, § 207(3)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘Such grants shall be made annually on such terms and conditions as the Secretary shall specify to eligible entities that serve the populations described in paragraph (1) and that are located within those areas where such populations are concentrated.’’ Subsec. (h). Pub. L. 103–252, § 207(4), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: ‘‘(1) There are authorized to be appropriated $10,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992, 1993, and 1994, to carry out this section (other than subsection (c) of this section). ‘‘(2) There are authorized to be appropriated $10,000,000 for fiscal year 1991 and such sums as may be necessary in each of the fiscal years 1992 through 1994, to carry out subsection (c) of this section.’’ 1990—Subsecs. (c) to (e). Pub. L. 101–501, § 601(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 101–501, § 601(1), (2), redesignated subsec. (e) as (f) and substituted ‘‘subsection (d)’’ for ‘‘subsection (c)’’ in par. (2) and ‘‘subsection (e)(2)’’ for ‘‘subsection (d)(2)’’ in par. (4). Former subsec. (f) redes- ignated (g). Subsec. (g). Pub. L. 101–501, § 601(2), redesignated sub- sec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 101–501, §§ 601(2), 602, redesignated subsec. (g) as (h), designated existing provisions as par. (1), substituted ‘‘$10,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992, 1993, and 1994’’ for ‘‘$5,000,000 for each of the fiscal years 1987, 1988, and 1989, and $7,000,000 for fiscal year 1990’’, inserted ‘‘(other than subsection (c) of this sec- tion)’’ before period at end, and added par. (2). 1989—Subsec. (a)(1). Pub. L. 101–204, § 705(a)(1), sub- stituted ‘‘stimulate the development of new approaches to provide for greater self-sufficiency of the poor, to test and evaluate such new approaches, to disseminate project results and evaluation findings so that such ap- proaches can be replicated, and to strengthen the inte- gration, coordination, and redirection of activities to promote maximum self-sufficiency among the poor’’ for ‘‘provide for the self-sufficiency of the Nation’s poor’’. Subsec. (a)(1)(D). Pub. L. 101–204, § 705(a)(2), added subpar. (D). Subsec. (b)(1). Pub. L. 101–204, § 705(b)(1), designated existing provisions as subpar. (A), substituted ‘‘Subject to subparagraph (B), grants’’ for ‘‘Grants’’, struck out ‘‘new’’ before ‘‘programs’’ wherever appearing, and added subpar. (B). Subsec. (b)(3). Pub. L. 101–204, § 705(b)(2), inserted ‘‘in each fiscal year’’ after ‘‘than one grant’’, substituted ‘‘$350,000’’ for ‘‘$250,000’’, and inserted at end ‘‘Not more than 2 grants may be made under this section to an eli- gible entity to carry out a particular program.’’ Subsec. (c). Pub. L. 101–204, § 705(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘As soon as practicable, but no later than 90 days after the expiration of the fiscal year for which any grant is awarded under this section, the Secretary shall prepare and make available upon request to each State and eligible entity descriptions of the demonstra- tion programs assisted under this section, and any rel- evant information developed and results achieved, so as to provide models for innovative programs to other eli- gible entities.’’ Subsecs. (d), (e). Pub. L. 101–204, § 705(f)(2), added sub- secs. (d) and (e). Former subsecs. (d) and (e) redesig- nated (f) and (g), respectively. Subsec. (f). Pub. L. 101–204, § 705(d), (f)(1), redesignated subsec. (d) as (f) and inserted before semicolon in par. (1) ‘‘, except that such term includes an organization that serves migrant and seasonal farm workers and that receives a grant under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) in the fiscal year preceding the fiscal year for which such organiza- tion requests a grant under this section’’. Subsec. (g). Pub. L. 101–204, § 705(e), (f)(1), redesig- nated subsec. (e) as (g), substituted ‘‘are’’ for ‘‘is’’, and inserted ‘‘and $7,000,000 for fiscal year 1990,’’ after ‘‘1989,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 208 of Pub. L. 103–252, set out as a note under section 9901 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amend- ment note under section 8621 of this title. § 9926. Projects to expand the number of job op- portunities available to certain low-income individuals (a) In general The Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) shall enter into agreements with nonprofit orga- nizations (including community development corporations) submitting applications under this section for the purpose of conducting projects in accordance with subsection (b) to create em- ployment opportunities for certain low-income individuals. (b) Nature of project (1) Each nonprofit organization conducting a project under this section shall provide tech- nical and financial assistance to private employ- ers in the community to assist them in creating employment and business opportunities for those individuals eligible to participate in the projects as described in this subsection. (2) For purposes of this section, a nonprofit or- ganization is any organization (including a com- munity development corporation) exempt from taxation under section 501(a) of title 26 by rea- son of paragraph (3) or (4) of section 501(c) of such title. (3) A low-income individual eligible to partici- pate in a project conducted under this section is any individual eligible to receive assistance under the program funded part 1 A of title IV of the Social Security Act [42 U.S.C. 601 et seq.] of the State in which the individual resides and any other individual whose income level does not exceed 100 percent of the official poverty line as defined by the Office of Management and Budget and revised in accordance with section 9902(2) of this title. (c) Content of applications; selection priority (1) Each nonprofit organization submitting an application under this section shall, as part of such application, describe—