42 U.S.C. § 1397f — Additional grants

Page 4428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1397f be necessary or appropriate to assure that com- pliance with the requirements of this subsection will not be unduly burdensome on the States. (d) Additional accounting requirements For other provisions requiring States to ac- count for Federal grants, see section 6503 of title 31. (Aug. 14, 1935, ch. 531, title XX, § 2006, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 870; amended Pub. L. 98–369, div. B, title VI, § 2663(h)(2), July 18, 1984, 98 Stat. 1169; Pub. L. 100–485, title VI, § 607, Oct. 13, 1988, 102 Stat. 2410; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.) Editorial Notes PRIOR PROVISIONS A prior section 1397e, act Aug. 14, 1935, ch. 531, title XX, § 2006, as added Jan. 4, 1975, Pub. L. 93–647, § 2, 88 Stat. 2347, related to program evaluation and assist- ance, prior to the general revision of this subchapter by section 2352(a) of Pub. L. 97–35. A prior section 1397e–1, act Aug. 14, 1935, ch. 531, title XX, § 2007, as added Jan. 2, 1980, Pub. L. 96–178, § 4(b), 93 Stat. 1296, related to child day care services, prior to the general revision of this subchapter by section 2352(a) of Pub. L. 97–35. See section 1397f of this title. AMENDMENTS 2010—Pub. L. 111–148, which directed substitution of ‘‘this division’’ for ‘‘this subchapter’’ wherever appear- ing in subtitle 1 of title XX of act Aug. 14, 1935, was exe- cuted by making the substitution wherever appearing in this section, which is in subtitle A of title XX act Aug. 14, 1935, to reflect the probable intent of Congress. 1988—Subsec. (a). Pub. L. 100–485, § 607(1), substituted ‘‘Reports shall be prepared annually, covering the most recently completed fiscal year, and shall be in such form and contain such information (including but not limited to the information specified in subsection (c))’’ for ‘‘Reports shall be in such form, contain such infor- mation, and be of such frequency (but not less often than every two years)’’ in second sentence. Subsecs. (c), (d). Pub. L. 100–485, § 607(3), added subsec. (c) and redesignated former subsec. (c) as (d). 1984—Subsec. (c). Pub. L. 98–369 substituted ‘‘section 6503 of title 31’’ for ‘‘section 202 of the Intergovern- mental Cooperation Act of 1968 (42 U.S.C. 4212)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. § 1397f. Additional grants (a) Entitlement (1) In general In addition to any payment under section 1397a of this title, each State shall be entitled to— (A) 2 grants under this section for each qualified empowerment zone in the State; and (B) 1 grant under this section for each qualified enterprise community in the State. (2) Amount of grants (A) Empowerment grants The amount of each grant to a State under this section for a qualified empowerment zone shall be— (i) if the zone is designated in an urban area, $50,000,000, multiplied by that propor- tion of the population of the zone that re- sides in the State; or (ii) if the zone is designated in a rural area, $20,000,000, multiplied by such propor- tion. (B) Enterprise grants The amount of the grant to a State under this section for a qualified enterprise com- munity shall be 1⁄95 of $280,000,000, multiplied by that proportion of the population of the community that resides in the State. (C) Population determinations The Secretary shall make population de- terminations for purposes of this paragraph based on the most recent decennial census data available. (3) Timing of grants (A) Qualified empowerment zones With respect to each qualified empower- ment zone, the Secretary shall make— (i) 1 grant under this section to each State in which the zone lies, on the date of the designation of the zone under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; and (ii) 1 grant under this section to each such State, on the 1st day of the 1st fiscal year that begins after the date of the des- ignation. (B) Qualified enterprise communities With respect to each qualified enterprise community, the Secretary shall make 1 grant under this section to each State in which the community lies, on the date of the designation of the community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986. (4) Funding $1,000,000,000 shall be made available to the Secretary for grants under this section. (b) Program options Notwithstanding section 1397d(a) of this title: (1) In order to prevent and remedy the ne- glect and abuse of children, a State may use amounts paid under this section to make grants to, or enter into contracts with, enti- ties to provide residential or nonresidential drug and alcohol prevention and treatment programs that offer comprehensive services for pregnant women and mothers, and their children. (2) In order to assist disadvantaged adults and youths in achieving and maintaining self- sufficiency, a State may use amounts paid under this section to make grants to, or enter into contracts with— (A) organizations operated for profit or not for profit, for the purpose of training and employing disadvantaged adults and youths Page 4429 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1397f in construction, rehabilitation, or improve- ment of affordable housing, public infra- structure, and community facilities; and (B) nonprofit organizations and commu- nity or junior colleges, for the purpose of en- abling such entities to provide short-term training courses in entrepreneurism and self-employment, and other training that will promote individual self-sufficiency and the interests of the community. (3) A State may use amounts paid under this section to make grants to, or enter into con- tracts with, nonprofit community-based orga- nizations to enable such organizations to pro- vide activities designed to promote and pro- tect the interests of children and families, outside of school hours, including keeping schools open during evenings and weekends for mentoring and study. (4) In order to assist disadvantaged adults and youths in achieving and maintaining eco- nomic self-support, a State may use amounts paid under this section to— (A) fund services designed to promote com- munity and economic development in quali- fied empowerment zones and qualified enter- prise communities, such as skills training, job counseling, transportation services, housing counseling, financial management, and business counseling; (B) assist in emergency and transitional shelter for disadvantaged families and indi- viduals; or (C) support programs that promote home ownership, education, or other routes to eco- nomic independence for low-income families and individuals. (c) Use of grants (1) In general Subject to subsection (d) of this section, each State that receives a grant under this section with respect to an area shall use the grant— (A) for services directed only at the goals set forth in paragraphs (1), (2), and (3) of sec- tion 1397 of this title; (B) in accordance with the strategic plan for the area; and (C) for activities that benefit residents of the area for which the grant is made. (2) Technical assistance A State may use a portion of any grant made under this section in the manner de- scribed in section 1397a(e) of this title. (d) Remittance of certain amounts (1) Portion of grant upon termination of des- ignation Each State to which an amount is paid under this subsection during a fiscal year with respect to an area the designation of which under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986 ends before the end of the fiscal year shall remit to the Secretary an amount equal to the total of the amounts so paid with respect to the area, mul- tiplied by that proportion of the fiscal year re- maining after the designation ends. (2) Amounts paid to the States and not obli- gated within 2 years Each State shall remit to the Secretary any amount paid to the State under this section that is not obligated by the end of the 2-year period that begins with the date of the pay- ment. (e) Reallocation of remaining funds (1) Remitted amounts The amount specified in section 1397b(c) of this title for any fiscal year is hereby in- creased by the total of the amounts remitted during the fiscal year pursuant to subsection (d) of this section. (2) Amounts not paid to the States The amount specified in section 1397b(c) of this title for fiscal year 1998 is hereby in- creased by the amount made available for grants under this section that has not been paid to any State by the end of fiscal year 1997. (f) Definitions As used in this section: (1) Qualified empowerment zone The term ‘‘qualified empowerment zone’’ means, with respect to a State, an area— (A) which has been designated (other than by the Secretary of the Interior) as an em- powerment zone under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; (B) with respect to which the designation is in effect; (C) the strategic plan for which is a quali- fied plan; and (D) part or all of which is in the State. (2) Qualified enterprise community The term ‘‘qualified enterprise community’’ means, with respect to a State, an area— (A) which has been designated (other than by the Secretary of the Interior) as an enter- prise community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; (B) with respect to which the designation is in effect; (C) the strategic plan for which is a quali- fied plan; and (D) part or all of which is in the State. (3) Strategic plan The term ‘‘strategic plan’’ means, with re- spect to an area, the plan contained in the ap- plication for designation of the area under part I of subchapter U of chapter 1 of the In- ternal Revenue Code of 1986. (4) Qualified plan The term ‘‘qualified plan’’ means, with re- spect to an area, a plan that— (A) includes a detailed description of the activities proposed for the area that are to be funded with amounts provided under this section; (B) contains a commitment that the amounts provided under this section to any State for the area will not be used to sup- plant Federal or non-Federal funds for serv- Page 4430 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1397g ices and activities which promote the pur- poses of this section; (C) was developed in cooperation with the local government or governments with juris- diction over the area; and (D) to the extent that any State will not use the amounts provided under this section for the area in the manner described in sub- section (b), explains the reasons why not. (5) Rural area The term ‘‘rural area’’ has the meaning given such term in section 1393(a)(2) of the In- ternal Revenue Code of 1986. (6) Urban area The term ‘‘urban area’’ has the meaning given such term in section 1393(a)(3) of the In- ternal Revenue Code of 1986. (Aug. 14, 1935, ch. 531, title XX, § 2007, as added Pub. L. 103–66, title XIII, § 13761, Aug. 10, 1993, 107 Stat. 664; amended Pub. L. 103–432, title II, § 263, Oct. 31, 1994, 108 Stat. 4467.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- secs. (a)(3), (d)(1), and (f), is classified generally to Title 26, Internal Revenue Code. PRIOR PROVISIONS A prior section 1397f, act Aug. 14, 1935, ch. 531, title XX, § 2007, as added Aug. 13, 1981, Pub. L. 97–35, title XXIII, § 2352(a), 95 Stat. 871, related to child day care services, prior to repeal by Pub. L. 99–514, title XVIII, § 1883(e)(2), Oct. 22, 1986, 100 Stat. 2919. Another prior section 1397f, act Aug. 14, 1935, ch. 531, title XX, § 2008, formerly § 2007, as added Jan. 4, 1975, Pub. L. 93–647, § 2, 88 Stat. 2348; renumbered § 2008, Jan. 2, 1980, Pub. L. 96–178, § 4(b), 93 Stat. 1296, defined ‘‘State supplementary payment’’ and ‘‘State’’, prior to the general revision of this subchapter by section 2352(a) of Pub. L. 97–35. AMENDMENTS 1994—Subsecs. (e), (f). Pub. L. 103–432 added subsec. (e) and redesignated former subsec. (e) as (f). § 1397g. Demonstration projects to address health professions workforce needs (a) Demonstration projects to provide low-in- come individuals with opportunities for edu- cation, training, and career advancement to address health professions workforce needs (1) Authority to award grants The Secretary, in consultation with the Sec- retary of Labor, shall award grants to eligible entities to conduct demonstration projects that are designed to provide eligible individ- uals with the opportunity to obtain education and training for occupations in the health care field that pay well and are expected to either experience labor shortages or be in high de- mand. (2) Requirements (A) Aid and supportive services (i) In general A demonstration project conducted by an eligible entity awarded a grant under this section shall, if appropriate, provide eligible individuals participating in the project with financial aid, child care, case management, and other supportive serv- ices. (ii) Treatment Any aid, services, or incentives provided to an eligible beneficiary participating in a demonstration project under this section shall not be considered income, and shall not be taken into account for purposes of determining the individual’s eligibility for, or amount of, benefits under any means-tested program. (B) Consultation and coordination An eligible entity applying for a grant to carry out a demonstration project under this section shall demonstrate in the application that the entity has consulted with the State agency responsible for administering the State TANF program, the local workforce investment board in the area in which the project is to be conducted (unless the appli- cant is such board), the State workforce de- velopment board established under section 3111 of title 29, and the State Apprenticeship Agency recognized under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’) [29 U.S.C. 50 et seq.] (or if no agency has been recognized in the State, the Office of Apprenticeship of the Department of Labor) and that the project will be carried out in coordination with such entities. (C) Assurance of opportunities for Indian populations The Secretary shall award at least 3 grants under this subsection to an eligible entity that is an Indian tribe, tribal organization, or Tribal College or University. (3) Reports and evaluation (A) Eligible entities An eligible entity awarded a grant to con- duct a demonstration project under this sub- section shall submit interim reports to the Secretary on the activities carried out under the project and a final report on such activi- ties upon the conclusion of the entities’ par- ticipation in the project. Such reports shall include assessments of the effectiveness of such activities with respect to improving outcomes for the eligible individuals partici- pating in the project and with respect to ad- dressing health professions workforce needs in the areas in which the project is con- ducted. (B) Evaluation The Secretary shall, by grant, contract, or interagency agreement, evaluate the dem- onstration projects conducted under this subsection. Such evaluation shall include identification of successful activities for cre- ating opportunities for developing and sus- taining, particularly with respect to low-in- come individuals and other entry-level workers, a health professions workforce that has accessible entry points, that meets high standards for education, training, certifi-