NOTICES
1999-2000 State Plan
[28 Pa.B. 6190] By this notice, the Department of Community and Economic Development hereby publishes its Community Services Block Grant State Plan to the Department of Health and Human Services for the 1999-2000 program year.
Comments will be received at a public hearing to be held at 10 a.m., Tuesday, December 29, 1998, in Room 321 of the Forum Building, Commonwealth Avenue and Walnut Street, Harrisburg, PA 17120.
Written comments may be submitted to Dennis Darling, Director of the Community Empowerment Office, Department of Community and Economic Development, Room 352 Forum Building, Harrisburg, PA 17120, until 5 p.m. on December 29, 1998.
Persons with a disability who would like to attend this hearing and require an auxiliary aid, service or other accommodations to participate in the proceedings, should contact Dennis Darling at (717) 787-1984 to discuss how the Department of Community and Economic Development may accommodate their needs.
Copies of the State Plan are available in the Community Empowerment Office, Room 352 Forum Building, Harrisburg, PA 17120 or by calling (717) 787-1984.
SAMUEL A. MCCULLOUGH,
Secretary
Legislative Background and Purpose The Community Services Block Grant (CSBG) is a Federal block grant program administered by the United States Department of Health and Human Services, Administration for Children and Family, Office of Community Services. Created by the Omnibus Budget Reconciliation Act of 1981, the CSBG replaced eight Federal categorical programs originally authorized by the Economic Opportunity Act of 1964.
The Commonwealth of Pennsylvania accepted the CSBG for the purpose of providing a full range of services and activities having a measurable and potentially major impact on the causes of poverty in a community or those areas of a community where poverty is a particularly acute problem.
Recognizing the importance of a commitment by the state, the Pennsylvania General Assembly, as a matter of public policy, affirmed the commitment of the Commonwealth to eliminating the causes and effects of poverty by enacting and subsequently amending the Community Services Act of July 10, 1986 (P. L. 1263, No. 116) (Act). The Act is also intended to stimulate a better focusing of human and financial resources on the goal of eliminating poverty by providing for the continuity of programs which presently exist throughout the Commonwealth for this purpose, and delineates the activities for which the Federal funds can be used.
Report on 1997 Goals and Objectives A. Introduction
The Department of Community and Economic Development (DCED)has continued to emphasize outcome based management and Results Oriented Management and Accountability (ROMA) to its Community Action Agencies. During the 1997 program year, the Pennsylvania ROMA Task Force developed a new reporting document based on the six National goals and outcome measures. The Task Force selected all six National goals and two to five outcome measures for each goal. In addition, the report collects the number of people served at or below 125% of poverty and the number of people served above 125% of poverty for each of the ten service categories in the NASCSP Information Survey and the demographics that are required in the Survey. This reporting system was implemented July 1, 1998.
DCED also continued its efforts to have Community Action Agencies increase the provision of comprehensive family development/case management services so that families served have a greater opportunity to achieve self-sufficiency. During the 1997 program year, family development/case management services remained a top Statewide priority. We also continued to administer our case management demonstration project which was initiated during 1994 program year. An independent evaluation of the demonstration project indicated that as of June 30, 1998 the four agencies involved in the project had:
* leveraged additional funds for the project;
* identified and enrolled 597 families with multiple barriers such as long term dependence on subsidized programs, enrolled in public welfare and having a limited education or work history;
* obtained 116 part-time jobs and 167 full time jobs for 412 enrollees who were not employed at the time of enrollment.
* raised incomes of the families enrolled an average of 59%.
* extended case management to clients outside the original target population;
* expanded the Community Action Agency's budget for case management services; and
* expanded the Community Action Agency's capacity to measure outcomes for their self sufficiency activities, and have developed standardized process, and use standardized assessment and measurement tools
For the 1997 program year, other Statewide priorities included increased agency participation at higher levels in outcome based management, participation in Pennsylvania's Welfare Reform, business development and customized job training and the development of Community Development Financial Institutions. During the 1997 program year, DCED (through a subcontract with the CAP Directors Association), also provided training to all community action agencies concerning the utilization of outcome based objectives, and Results Oriented Management and Accountability (ROMA).
B. Progress on 1997 Program Objectives
Agencies submitted quarterly program progress reports for each category of service provided. For the purpose of this plan, the total number of persons served for the 12-month period from July 1, 1997 to June 30, 1998, is the unduplicated count of persons served in each service category. The number of persons served was determined by reviewing the quarterly reports submitted by each agency.
The following is the status of the objectives as listed in the 1997 State Plan.
Objective 1:
To increase agency participation, at higher levels, in Outcome Based Management, (OMB) that is, to increase the number of agencies at the basic and intermediate levels of progress in transition to ROMA.
Results:
The Department of Community and Economic Development through a subcontract with the Community Action Association of Pennsylvania, provided a range of training and technical assistance services to the Community Action Agencies (CAAs) during the 1997 program year. CAAs were surveyed twice. One survey sought to determine the common needs and interest for classroom or group training activities and another survey assessed the needs that were unique to individual agencies. Training was provided either as singular events in regional locations or as workshops at Statewide conferences. A major emphasis was to develop and provide a progressive curriculum of instruction in ROMA. This was followed up with on site technical assistance tailored to the unique needs of the agency. Two hundred and four individuals received ROMA training. The following is an agency outcome assessment matrix for 40 agencies for the past 2 years.
Ranking From Ranking From 1996 Assessment 1997 Assessment Process Process Advanced 0 0 Intermediate 2 Agencies, 5% 6 Agencies, 15% Basic 16 Agencies, 42% 26 Agencies 64% Elementary 19 Agencies, 50% 7 Agencies, 17% Baseline 1 Agency, 3% 1 Agency, 3% Objective 2:
To actively encourage CAA participation in Pennsylvania Welfare Reform. This will occur with the CAAs involvement in a joint Department of Public Welfare/Department of Community and Economic Development Welfare reform initiative, the Supported Work Program. The objective of this partnership is to facilitate the quick transition into the workforce of 1,000 TANF recipients who have a ninth grade education or less or who have failed at an initial job search.
Results:
Through the Supported Work Program, 2,439 TANF recipients were enrolled during the program year and approximately 932 were placed into unsubsidized employment of at least 20 hours a week.
The Department of Public Welfare (DPW) receives all of the reports and tabulates enrollment and placement information. The enrollment total is accurate but DPW has not yet finalized the placement data for 1998. The above number of placements was determined based on the percentage of enrollments/placements for the previous year.
Objective 3:
To finalize the four case management demonstration projects, initiate a final evaluation and explore considerations for Statewide implementation.
Results:
Since the beginning of the project in 1994, 597 unduplicated families received intensive case management services from the four demonstration agencies. Sixty-nine percent of all families at time of entry into the program were receiving cash assistance, food stamps or medical assistance benefits and 23% were employed either part-time or full-time.
During the 4 years of the program, 116 families found part-time jobs and 167 families obtained full-time jobs. Also, 70 families obtained unsubsidized housing, 13 acquired home ownership, 152 acquired a vehicle, 18 received a GED and 111 received a 2 year or 4 year college degree or certification.
Objective 4:
To encourage a closer linkage of CAAs to business development and to customized job training.
Results:
Discussions are underway to link the Community Action Development Commission's (Montgomery County) Supported Work Program to a new economic development project being negotiated there. It is expected that this will serve as a model for more efforts.
Objective 5:
To incorporate involvement of CAAs in CDFI (Community Development Financial Institutions) proposals and projects.
Results:
The Community Action Committee of the Lehigh Valley has been awarded a $25,000 grant to develop and expand its community based credit union.
Objective 6:
To assure compliance with all Federal and State regulations and directives through Statewide monitoring activities.
In compliance with Pennsylvania Act 116 (as amended), monitoring procedures shall be established by the Pennsylvania DCED and included in the State Plan. DCED shall monitor CSBG grantees to assure compliance with all contractual objectives and to assess the effectiveness of local agencies in meeting their stated objectives for ameliorating the causes and effects of poverty in their service areas.
In their monitoring of grantees, State monitors use a standardized CSBG Monitoring Report Form. During their visit, they review all of the agency's required quarterly reports as well as other administrative and program related aspects of the agency.
Results:
For the 1997 program year, 33 Community Action Agencies were monitored all findings, if any, were corrected. The monitoring covered a variety of agencies: large, small, urban and rural.
Services Provided
The following figures provide, by category of service, the number of unduplicated persons served by CSBG grantee agencies during the 1997-98 program year. The number of persons served was derived by reviewing and tabulating each grantee's quarterly reports.
Direct Service Other Education 11,721 3,709 Drug and Alcohol 374 7,931 Consumer Services 18,183 661 Youth Development 3,742 819 Health 1,468 2,532 Housing 19,484 9,137 Homemaker 598 592 Legal 489 1,526 Nutrition 34,872 252,327 Outreach and Referral 132,581 15,076 Recreation 2,204 770 Transportation 3,379 5,573 Weatherization/Energy 42,697 25,209 Community Organizing 10,328 0 Employment and Training 3,888 2,970 Case Management 12,712 6,238 Economic Development 99 30 298,819 335,100
Program Plan for 1999 1. Statement of Goals and Objectives
The 1999 CSBG Program will comply with all the requirements of Act 116 the Pennsylvania Community Services Act of 1986 (as amended). The intent of Act 116 (as amended) is to affirm the commitment of the Commonwealth to ameliorating the causes and effects of poverty.
The goal of the CSBG Program is to provide a range of services and activities having a measurable and potentially major impact on the causes of poverty in the community or those areas of the community where poverty is a particularly acute problem. The Commonwealth, whenever possible and appropriate, encourages the use of CSBG funds to increase the availability of low-cost housing and to promote economic development, employment and training initiatives and education programs to upgrade literacy skills that will lead to the economic self-sufficiency of low-income individuals and the chronically unemployed, including among others, Temporary Assistance to Needy Families (TANF) and General Assistance (GA) recipients. To meet these goals, Statewide priorities were established under the direction of the Pennsylvania Act 116 of 1986 (as amended). Decisions regarding which of the State priorities and qualified services shall be provided by CSBG eligible entities shall be established by the local agency. Beginning with State fiscal year 1998-99, each local agency submitted a 2 year application to the Department for review to ensure the eligibility of proposed services under the provision of Federal law and regulations and consistency with Statewide priorities. They then received a 2 year contract. For the 1999-2000 fiscal year, agencies will submit a new budget and any revisions that are necessary. Their contract will then be amended. This will allow agencies to receive their funds much faster than previously.
The following are the goals and objectives for the 1999 program:
Objective 1:
To increase agency participation, at higher levels, in Outcome Based Management (OBM), that is, to increase the number of agencies at the basic and intermediate levels of progress in transition to OBM. Included in this objective is the implementation of a data collection system that requires the Community Action Agencies to provide data on designated outcome measures for each of the six National goals. To accomplish this, DCED, through a contract with the State CAP Association, provides on-going training to the CAAs in the area of basic and intermediate levels of OBM, and is developing scales to measure their improvement.
Objective 2:
To implement a ROMA Reporting document to be used by all CAAs that reports progress on the six National goals. Working in conjuntion with the State CAP Association and the Office of Community Services, it is projected that 60% 0f the CAAs will develop scales for measuring outcomes during 1999.
Objective 3:
To continue and expand CAA participation in Pennsylvania's Welfare Reform activities. CAAs will continue to participate in a joint Department of Public Welfare/Department of Community and Economic Development Welfare Reform initiative, the Supported Work Program. The objective of this partnership is to facilitate the quick transition into the workforce of at least 1,300 TANF recipients.
Objective 4:
To continue CAA participation in case management programs utilizing a holistic approach to move low-income families and individuals toward self-sufficiency.
Objective 5:
To build upon and increase CAA participation in Pennsylvania's Individual Development Account (IDA)/Family Savings Account Program.
Objective 6:
To increase CAA involvement in comprehensive community building programs and projects such as Pennsylvania's Comprehensive Services Program.
Objective 7:
To ensure compliance with all State and Federal regulations and directives through Statewide monitoring activities. Approximately 22 (50%) will be monitored on site during 1999.
Monitoring procedures shall include:
1. A review by the Department staff of the ROMA data collection document and/or any other monitoring documents utilized by the State that each agency will complete at least twice a year. The ROMA Collection document requires all CAAs to report on designated outcome measures for each of the six National goals.
Following the review, agencies are contacted by telephone and/or letter, as appropriate, for a discussion of the report.
2. An onsite monitoring visit which shall be determined after consultation with the agency by regional or central office staff, as appropriate. Onsite visits shall be conducted for the following purposes:
* to ensure programmatic and contractual compliance through the review of agency records and interviews with agency personnel, board members and clients.
* to clarify discrepancies that cannot be resolved from the program report review.
* to follow-up on program and personnel complaints, made directly or indirectly; and
* to comply with an agency's request for an onsite visit.
Procedures following the onsite visit:
1. A report of the onsite visit shall be given to the agency during the exit interview. It shall identify strengths and weaknesses of the program and any required remedial actions.
The agency may request a conference with DCED's Community Empowerment Office (CEO) to discuss the report and/or the Office may request a conference with the agency to discuss the report and provide technical assistance.
2) In the case of violations or discrepancies of Federal and State laws governing CSBG programs discovered through the Department's monitoring and auditing activities, the agency shall be notified of the violation or discrepancy immediately. The agency shall respond in writing to the notice of violation or discrepancy within 2 weeks of receipt of such notice.
Agency Noncompliance--Noncompliance may result in probation until compliance is attained. Probationary status may include intensified monitoring, increased reporting requirements, provision of technical assistance by the Department or its designee or temporary suspension of grant payments.
Agency Violation--A violation with willful disregard of Federal and State laws governing CSBG programs may result in suspension of grant payments for a designated period of time. The agency will be required to rectify the violation and re-establish itself as competent to carry out the responsibilities governing CSBG programs, as determined by the Department of Community and Economic Development (DCED).
Termination for cause:
''Termination for cause'' shall result when the Commonwealth determines that the agency has failed to comply with the conditions of the contract and/or Federal and State laws governing CSBG programs.
When the Department proposes to terminate a CSBG program, it will notify the agency, in writing, of the action(s) to be taken, the reasons for such action(s), and the appeals procedure, including an opportunity for a hearing on the record. This notice shall be forwarded to the agency by certified mail.
Appeal Procedure:
If the agency wishes to appeal the determination, it must submit a written request by certified mail to the Secretary of DCED addressing the reasons for the proposed termination, and any corrective action that has been or will be taken.
This request must be made within 20 calendar days of receipt of the termination notice.
The appeal may also include a request by the agency that the secretary, or his/her designee, hold a public hearing before making a decision, in which case such a public hearing shall be held.
The Secretary shall make one of the following decisions on the agency's appeal, and shall so notify the agency of such decision in writing within 30 calendar days following the appeal or following a hearing on the appeal:
* The Secretary may uphold the appeal and remove the notice of intent to terminate.
* The Secretary may remove the notice of intent to terminate but provide the agency with notice of specific corrective actions that must be taken.
If the agency subsequently fails to take such corrective actions, the Secretary may reinstate the proposed termination procedures.
* The Secretary may deny the appeal, in which case the agency shall be notified of the effective date of termination. This date shall be either the date contained in the original notice of intent to terminate or a specified date at least 30 days after the Secretary sends the decision, whichever is later. The notice of the decision shall also contain all requirements pertaining to termination of CSBG related activities and return of CSBG funds.
The agency may appeal the Department's final determination to the Secretary of the United States Department of Health and Human Services in accordance with the Community Services Block Grant Act, Section 676 A (amended).
No community action agency or migrant and seasonal farm worker organization which received funding in the previous fiscal year will have its present or future funding terminated or reduced below the proportional share of funding it received in the previous fiscal year unless, after notice and opportunity for hearing on the record, the Department determines that cause exists for the termination and the review and confirmation of the Department's finding of cause by the Secretary of the United States Department of Health and Human Services.
When an agency's contract is terminated for cause, the agency shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the grantee for any completed work that the Department deems satisfactory.
II. Activities
Activities eligible for funding consideration out of the 90% grant monies, allocated to CAAs/LPAs designated as eligible entities in the CSBG Act, are those designed to assist chronically unemployed, low-income participants, including the elderly and poor:
1) To secure and retain employment, especially unsubsidized employment in the private sector;
2) To obtain an adequate education, through education initiatives and referrals that will enable low-income, chronically unemployed individuals to participate in job training programs which can include locally initiated Private Industry Council or JTPA Service Delivery Area sponsored job training programs;
3) To make better use of available income;
4) To remove obstacles and solve problems which block the achievement of self-sufficiency through the provision of support services to individuals participating in employment and training programs;
5) To obtain and maintain adequate housing and a suitable living environment;
6) To obtain emergency assistance through loans and grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment related assistance;
7) To achieve greater participation in the affairs of the community. However, in accordance with Section 675(c)(7) of the CSBG Act, any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity is prohibited;
8) To make more efficient use of other programs related to the purposes of the CSBG and activities that: a) encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community, and b) provide, on an emergency basis, for the provision of such supplies and services, nutritious food, and related services as may be necessary to counteract the conditions of starvation and malnutrition among the poor;
9) To coordinate and establish linkages among governmental employment and training agencies, educational institutions and other social service programs to assure the effective delivery of such services to low-income individuals.
Programs selected by eligible entities must relate to the problems identified and documented in the assessment of need of local service areas and included in the agency's annual application. The assessment of need shall be well defined and concisely stated, focusing on the causes of poverty and services to the number of low-income, chronically unemployed and economically disadvantaged, including the number of Temporary Assistance for Needy Families (TANF) and General Assistance (GA) recipients.
Special economic development projects, and unique programs that are consistent with the objectives of the CSBG Act may be funded from the 5% unrestricted funds included in the grant awarded to the Commonwealth.
Limit on the Use of Grants for Construction
CSBG grants may not be used by the Department or any agency with which the Department makes arrangements to carry out the purposes of the CSBG Act, for the purchase or improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility without a written waiver from the United States Department of Health and Human Services, Office of Community Services.
III. Geographic Areas to be Served
During Fiscal Year 1998, the State will allocate 90% funds to those geographic areas served by designated CAAs, LPAs, and other eligible entities. This area covers all of Pennsylvania's 67 counties.
IV. Individuals to be Served
Participation in any CSBG program will be limited to persons whose income in relation to family size does not exceed 125% of the official poverty level established by the Federal Office of Management and Budget. Included in this category will be elderly poor, migrant and seasonal farm workers, Head-Start families, and the chronically unemployed such as TANF and GA recipients.
V. Conditions and Assurances
Community Services Block Grant Statutory Assurances--As Amended by P. L. 103-252, Human Services Amendments of 1994.
The Commonwealth agrees to:
(1) Ensure that, at its discretion and consistent with agreements with the State, each recipient of funds available under this subtitle will use such funds:
(A) To provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community
(B) To provide activities designed to assist low-income participants, including homeless individuals and families, migrants, and the elderly poor--
(i) to secure and retain meaningful employment;
(ii) to attain an adequate education;
(iii) to make better use of available income;
(iv) to obtain and maintain adequate housing and a suitable living environment;
(v) to obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and employment-related assistance.
(vi) to remove obstacles and solve problems which block the achievement of self-sufficiency;
(vii) to achieve greater participation in the affairs of the community; and
(viii) to make more effective use of other programs related to the purposes of this subtitle;
(C) To provide on an emergency basis for the provision of such supplies and services, nutritious foodstuffs, and related services, as may be necessary to counteract conditions of starvation and malnutrition among the poor;
(D) To coordinate and establish linkages between governmental and other social services programs to assure the effective delivery of such services to low-income individuals; and
(E) To encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community; (675(c)(1)(A)-(E))
Implementation Plan for Assurance # 1
For Pennsylvania's 1998-99 program year, the Community Empowerment Office required local subgrantee agencies to submit applications for 2 years that address one or more of the above-referenced purposes, based on a local needs assessment. Budgets are submitted for 1 year. The applications are incorporated into legally binding contracts. Budgets for the second year of the contract will be submitted and the contract will be amended. About 50% of the contracts are monitored on a regular basis throughout the year to ensure agencies are in compliance. As can be seen from past year's objectives, as well as the Services Provided section, agencies are providing a full range of services designed to positively impact the lives of the low-income.
(2)(A) ''. . . to use not less than 90 percent of the funds allotted to the State under Section 674 to make grants for the purposes described in clause (1) to eligible entities (as defined in Section 673(1)) or to organizations serving seasonal or migrant farm workers; except that not more than seven (7) percent of the funds available for this subclause shall be granted to organizations which were not eligible entities during the previous fiscal year''. (675(c)(2)(A))
(B) if less than 100% of the allotment is expended under subparagraph (A), provide assurances that with respect to the remainder of the allotment a reasonable amount shall be used for--
(i) providing training and technical assistance to those entities in need of assistance and the activities will be considered administrative expenses;
(ii) coordinating State-operated programs and services targeted to low-income children and families with services provided by eligible entities funded under this subtitle, including out-posting appropriate State or local public employes into entities funded under this subtitle to ensure increased access to services provided by such State or local agencies;
(iii) supporting Statewide coordination and communication among eligible entities;
(iv) administrative expenses at the State level, including monitoring activities, but not more than 5% of its allotment under section 674; and
(v) considering the distribution of funds under this subtitle within the State to determine if such funds have been targeted to the areas of greatest need. (675(c)(2)(B))
Implementation Plan for Assurance # 2
During Fiscal Year 1999, the 90% grant monies under the CSBG will go to CAAs and other eligible entities. These monies will be used to fund on-going programs in a CAA/LPA service area based on needs identified at the local level and the State priorities outlined in this plan. Ninety percent monies will also be made available for Rural Opportunities Inc., which serves low-income farm workers and poor rural families in Pennsylvania.
The program year 1999 allocation for eligible entities will be based on a formula comprised of two factors: the number of persons with incomes below 125% of poverty level in each service area (from 1990 U.S. Census data), on which 75% of the allocation will be based; and the number of unemployed persons in each service area (Pennsylvania Office of Employment Security, Pennsylvania Civilian Labor Force Data by County of Residence, 1997 Annual Average) on which 25% of the allocation will be based. All agencies receive a minimum base level allocation.
Funds up to the amount of 5% of the State allocation will be utilized for state administration. Funds in the amount of 5% of the Fiscal Year 1999 CSBG funding, and any otherwise available monies not used for Departmental program administration, will be used to augment funding to eligible entities and to support special projects or unique programs that are consistent with the objectives of the CSBG Act (discretionary funds). The Department may solicit applications for these funds, but will consider unsolicited requests. Decisions as to the funding of these applications will be made under the direction of the Secretary of the Department of Community and Economic Development (DCED).
3) Provide Assurances that--
(A) in the case of a Community Action Agency or nonprofit private organization, each board will be selected by the Community Action Agency or nonprofit organization and constituted so as to assure that--
(i) one-third of the members of the board are elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement.
(ii) at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; and
(iii) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community; and
(B) in the case of a public organization receiving funds under this subtitle, such organization either establish--
(i) a board of which at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representatives of the poor in the area served; or
another mechanism specified by the State to assure low-income citizen participation in the planning, administration, and evaluation of projects for which such organization has been funded. (675(c)(3))
Implementation Plan for Assurance #3
Included with the submission of subgrantee applications is a breakout of the composition of the board, which is reviewed for compliance. Many agencies also include an updated list of board members. Additionally, as part of the monitoring process, board composition is reviewed. The Community Empowerment Office has two directives (directives are designed to provide additional guidance to subgrantees on a particular subject, and included in the contracts by reference) related to board composition: CSBG Directive 91-2: Administrative Procedures for CSBG Grants; and CSBG Directive 93-4: CSBG Advisory Committees (for subgrantees that are units of local governments).
(4) Give special consideration in the designation of local Community Action Agencies under this subtitle to any Community Action Agency which is receiving funds under any Federal anti-poverty program on the date of the enactment of this Act, except that--
(A) the State shall, before giving such special consideration, determine that the Agency involved meets program and fiscal requirements established by the State; and
(B) if there is no such Agency because of any change in the assistance furnished to programs for economically disadvantaged persons, the State shall give special consideration in the designation of Community Action Agencies to any successor agency which is operated in substantially the same manner as the predecessor agency which did receive funds in the fiscal year proceeding the fiscal year for which the determination is made. (675(c)(4))
Implementation Plan for Assurance #4
The Commonwealth of Pennsylvania will give special consideration to all community action agencies and limited purpose agencies which received Federal anti-poverty funds on the date of the enactment of the CSBG Act and its predecessor Act.
(5) Provide assurances that the State may transfer funds, but not to exceed 5% of its allotment under Section 674, for the provisions set forth in this subtitle to services under the Older Americans Act of 1965, the Head Start program under Subchapter B of Chapter 8 of Subtitle A of this title, the Energy Crisis Intervention Program under Title XXVI of this Act (relating to low-income home energy assistance) or the Temporary Emergency Food Assistance Act of 1983. (675(c)(5))
Implementation Plan for Assurance #5
The Commonwealth of Pennsylvania does not plan to transfer any CSBG monies to any other eligible program.
(6) Section 675(c)(6) is no longer applicable. It was repealed by the Hatch Act Reform Amendments of 1993, P. L. 103.94.
(7) Prohibit any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity. (675(c)(7))
Implementation Plan for Assurance #7
Article V, Section A of the standard contract with subgrantee agencies prohibits such activities.
(8) Provide for coordination between antipoverty programs in each community, where appropriate, with emergency crisis intervention programs under Title XXVI of this Act (relating to low-income home energy assistance) conducted in such community. (675(c)(8))
The Community Empowerment Office actively encourages the coordination of various programs at the local level. Additionally, as state administrators of the Weatherization Assistance Program, which half the CAA's administer locally, the CEO instituted the Crisis Intervention Project in conjunction with the Department of Public Welfare, (which administers the LIHEAP) to serve LIHEAP eligible persons in crisis emergency situations by providing utility and fuel assistance. The CEO will also coordinate its anti-poverty efforts by participating on the LIHEAP Advisory Committee.
(9) Provide that fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this subtitle, including procedures for monitoring and assistance provided under this subtitle and provide that at least every year each State shall prepare, in accordance with subsection (f), an audit of its expenditures of amounts received under this subtitle and amounts transferred to carry out the purposes of this subtitle; subsection (f) requires that at least annually each State, local government and Indian Tribe or tribal organization that receives $100,000 or more (during the fiscal year) in all types of Federal financial assistance must conduct an audit in accordance with the Single Audit Act, Public Law 98-502 (31 U.S.C. 75 and OMB Circular A-128. (675(c)(9)).
Implementation Plan for Assurance #9
As part of the monitoring procedures, a fiscal review is conducted, though not an extensive one. The Commonwealth requires audit reports as compliance with the provisions of the Single Audit Act of 1984 (P. L. 98-502) and the State's Budget and Accounting Act of 1921, as amended, and OMB Circular A-133. The Commonwealth's Auditor General's Office annually audits the Department of Community and Economic Development in compliance with the Single Audit Act, and the audit is submitted to the Commonwealth's Federal cognizant agency, the Department of Agriculture. Audits are based on the State fiscal year July 1 to June 30.
(10) Permit and cooperate with Federal investigations undertaken in accordance with Section 679 and (675(c)(10)).
Implementation Plan for Assurance #10
The Commonwealth will comply with any and all Federal investigations undertaken in accordance with the above-referenced section.
(11) Provide assurances that any community action agency or migrant and seasonal farm workers organization which received funding in the previous fiscal year under this Act will not have its present or future funding terminated under this Act or reduced below the proportional share of funding it received in the previous fiscal year unless after notice, and opportunity for hearing on the record, the State determines that cause existed for such termination or such reduction subject to review by the Secretary as provided in Section 676 A.
(A) For purposes of making a determination with respect to a funding reduction, the term ''cause'' includes:
(i) a Statewide redistribution of funds under this subtitle to respond to:
(aa) the results of the most recently available census or other appropriate data;
(bb) the establishment of a new eligible entity;
(cc) severe economic dislocation; and
(ii) the failure of an eligible entity to comply with the terms of its agreement to provide services under this subtitle, and
(B) for purposes of making a determination with respect to a termination, the term ''cause'' includes the material failure of an eligible entity to comply with the terms of its agreement and community action plan to provide services under this subtitle. (675(c)(11))
Implementation Plan for Assurance #11
In order to ensure that assurance #11 is complied with, Pennsylvania Act 116 (as amended) provides much the same language as the Federal assurance, that is,
Pennsylvania Act 116 (amended) provides that:
''As established by the formula . . . determination of annual funding levels shall be made by the Secretary based on input from local agencies and the CSBG Advisory Task Force. Any Community Action Agency or migrant and seasonal farm workers organization which received funding in the previous fiscal year under this Act will not have its present or future funding terminated under this Act or reduced below the proportional share of funding it received in the previous fiscal year unless, after notice and opportunity for hearing on the record, the Commonwealth determines that cause existed for such termination or such reduction, subject however to review under section 676 A of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, Stat. 357).
(2) For purposes of making a determination with respect to a funding reduction, the term ''cause'' includes:
(i) a Statewide redistribution of funds under this act to respond to:
(A) the results of the most recently available census or other appropriate data;
(B) the establishment of a new eligible entity;
(C) severe economic dislocation; and
(ii) ''the failure of an eligible entity to comply with the terms of its agreement to provide services under this act.''
(12) In the case of a State which applied for and received a waiver from the Secretary under Public Law 98-189, provide assurances that funds will not be provided under this subtitle by such State to an organization to which such State made a grant under this subtitle in fiscal year 1984 unless such organization allows, before expending such funds, low-income individuals to comment on the uses for which such organization proposes to expend such funds. (675(c)(12))
Implementation Plan for Assurance #12
This Assurance is not applicable to Pennsylvania.
(13) Secure from each eligible entity as a condition to its receipt of funding under this Act a community action plan (which shall be available to the Secretary for inspection) that includes--
(A) a community needs assessment (including food needs);
(B) a description of the service delivery system targeted to low-income individuals and families in the service area;
(C) a description of how linkages will be developed to fill identified gaps in service through information, referral, case management, and follow-up consultations;
(D) a description of how funding under this Act will be coordinated with other public and private resources; and
(E) a description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization; (675(c)(13))
Implementation Plan for Assurance #13
With the notification of its allocation, each agency receives instructions for submission of its 1998 application.
Applications must include a community action plan, eligible services to be provided, the methods of operation to provide the services, a description of the system by which the proposed program can be measured, the accounting and fiscal control procedures for the proposed program, and a description of the agency's board composition. The applications for special projects have the same requirements.
Grantees receiving 90% funds must include documentation that the public at large had an opportunity to review, comment and provide input into the grantee's Work Plan.
(14) Provide assurances that cost and accounting standards of the Office of Management and Budget (OMB Circular A-110 and A-122) shall apply to a recipient of funds under this subtitle. (675(c)(14))
Implementation Plan for Assurance #14
The Department's standardized contract contains the following language under Article III;
(a) Compliance with Federal Statutes and Regulations: The Contractor agrees to comply with all applicable Federal statutes and regulations to which the Department is subject including Circular A-102, as amended, entitled Uniform Administrative Requirements for Grants-In-Aid to States and Local Governments; A-110 entitled Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-profit Organizations; A-87 entitled Cost Principles for States and Local Governments; and A-122 entitled Cost Principles for Non-profit Organizations.
(15) Public Law 103-227, Part C. Environmental Tobacco Smoke, also known as the Pro Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal Programs either directly or through States or local governments by Federal grant, contract, loan or loan guarantee.
By signing and submitting these assurances the grantee certifies that it will comply with the requirements of the Act. The grantee further agrees that it will require that language of this certification be included in any sub-awards which contain provisions for children's services and that all subgrantees shall certify accordingly.
Implementation Plan for Assurance #15
Appendix C of the Department's contract, Assurances and Special Conditions for the CSBG program, contains the following language:
Pursuant to the Federal Pro-Children Act of 1994 (20 U.S.C. 6081--6084), the Contractor understands that it may not permit smoking within any indoor facility owned or leased or contracted for and utilized by Contractor, or an assignee of contractor, for provision of routine or regular kindergarten, elementary, or secondary education or library services to children; and that, in addition, it may not permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by Contractor, or an assignee of Contractor, for the provision of regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of the employees of Contractor, or an assignee of Contractor, who provides such services.''
Under subsection 675(b) the legislative hearing for the CSBG State Plan was held on February 24,1998 and March 2, 1998.
Under subsection 675(d)(2), the CSBG State Plan was published in the Pennsylvania Bulletin on December 19, 1998 and a public hearing is scheduled for December 29, 1998.
[Pa.B. Doc. No. 98-2069. Filed for public inspection December 18, 1998, 9:00 a.m.]
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