42 U.S.C. § 9901 — Purposes and goals

Page 7947 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9901 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as an Effective Date of 1994 Amendment note under section 9832 of this title. COMPREHENSIVE CHILD DEVELOPMENT PROGRAM; CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 100–297, title II, part E, § 2502, Apr. 28, 1988, 102 Stat. 325, provided that it is the purpose of part E of title II of Pub. L. 100–297 to provide financial assistance to projects that target and support infants and young children from low-income families, enhance their de- velopment, and provide support for their parents and other family members, prior to repeal by Pub. L. 103–252, title I, § 112(b)(1), (2)(A), May 18, 1994, 108 Stat. 640, 641. CONSOLIDATION OF CHILD DEVELOPMENT PROGRAMS Pub. L. 103–252, title I, § 112(b)(1), May 18, 1994, 108 Stat. 640, provided that: ‘‘In recognition that the Com- prehensive Child Development Centers Act [enacting this subchapter, amending section 9833 of this title, and enacting provisions set out as notes under this section and section 9801 of this title] has demonstrated positive results, and that its purposes and functions have been consolidated into section 645A of the Head Start Act [42 U.S.C. 9840a], the Comprehensive Child Development Centers Act of 1988 (42 U.S.C. 9801 note) and the Com- prehensive Child Development Act (42 U.S.C. 9881 et seq.) are repealed.’’ CHAPTER 106—COMMUNITY SERVICES BLOCK GRANT PROGRAM Sec. 9901. Purposes and goals. 9902. Definitions. 9903. Authorization of appropriations. 9904. Establishment of block grant program. 9905. Distribution to territories. 9906. Allotments and payments to States. 9907. Uses of funds. 9908. Application and plan. 9909. Designation and redesignation of eligible en- tities in unserved areas. 9910. Tripartite boards. 9911. Payments to Indian tribes. 9912. Office of Community Services. 9913. Training, technical assistance, and other ac- tivities. 9914. Monitoring of eligible entities. 9915. Corrective action; termination and reduction of funding. 9916. Fiscal controls, audits, and withholding. 9917. Accountability and reporting requirements. 9918. Limitations on use of funds. 9919. Drug and child support services and referrals. 9920. Operational rule. 9921. Discretionary authority of Secretary. 9922. Community food and nutrition programs. 9923. National or regional programs designed to provide instructional activities for low-in- come youth. 9924. References. 9925. Demonstration partnership agreements ad- dressing needs of poor. 9926. Projects to expand the number of job opportu- nities available to certain low-income indi- viduals. Editorial Notes CODIFICATION The Community Services Block Grant Act, com- prising this chapter, was originally enacted by subtitle B of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 511, and amended by Pub. L. 97–115, Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98–288, May 21, 1984, 98 Stat. 189; Pub. L. 98–558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99–425, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101–501, Nov. 3, 1990, 104 Stat. 1222; Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359; Pub. L. 103–94, Oct. 6, 1993, 107 Stat. 1001; Pub. L. 103–171, Dec. 2, 1993, 107 Stat. 1988; Pub. L. 103–252, May 18, 1994, 108 Stat. 623. The Community Services Block Grant Act is shown herein, however, as having been added by Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2728, without reference to those intervening amendments because of the extensive revision of that Act by Pub. L. 105–285. § 9901. Purposes and goals The purposes of this chapter are— (1) to provide assistance to States and local communities, working through a network of community action agencies and other neigh- borhood-based organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-in- come families and individuals in rural and urban areas to become fully self-sufficient (particularly families who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and (2) to accomplish the goals described in para- graph (1) through— (A) the strengthening of community capa- bilities for planning and coordinating the use of a broad range of Federal, State, local, and other assistance (including private re- sources) related to the elimination of pov- erty, so that this assistance can be used in a manner responsive to local needs and condi- tions; (B) the organization of a range of services related to the needs of low-income families and individuals, so that these services may have a measurable and potentially major im- pact on the causes of poverty in the commu- nity and may help the families and individ- uals to achieve self-sufficiency; (C) the greater use of innovative and effec- tive community-based approaches to attack- ing the causes and effects of poverty and of community breakdown; (D) the maximum participation of resi- dents of the low-income communities and members of the groups served by programs assisted through the block grants made under this chapter to empower such resi- dents and members to respond to the unique problems and needs within their commu- nities; and (E) the broadening of the resource base of programs directed to the elimination of pov- erty so as to secure a more active role in the provision of services for— (i) private, religious, charitable, and neighborhood-based organizations; and (ii) individual citizens, and business, labor, and professional groups, who are able to influence the quantity and quality of opportunities and services for the poor. (Pub. L. 97–35, title VI, § 672, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2728.) Page 7948 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9901 Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 9901, Pub. L. 97–35, title VI, § 672, Aug. 13, 1981, 95 Stat. 511; Pub. L. 98–558, title II, § 201, Oct. 30, 1984, 98 Stat. 2884; Pub. L. 99–425, title IV, § 401, Sept. 30, 1986, 100 Stat. 968; Pub. L. 101–501, title IV, § 401(a), Nov. 3, 1990, 104 Stat. 1251; Pub. L. 103–252, title II, § 202(a), May 18, 1994, 108 Stat. 651, authorized the Sec- retary to make community service grants, prior to the general amendment of this chapter by Pub. L. 105–285. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–252, title II, § 201(a), May 18, 1994, 108 Stat. 651, provided that: ‘‘This title [enacting section 9910c of this title, amending this section and sections 9903, 9904, 9910, 9910a, 9910b, 9911, 9912, and 11464 of this title, and enacting provisions set out as a note under this sec- tion] may be cited as the ‘Community Services Block Grant Amendments of 1994’.’’ SHORT TITLE Pub. L. 97–35, title VI, § 671, as added by Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2728, pro- vided that: ‘‘This subtitle [subtitle B (§§ 671–683) of title VI of Pub. L. 97–35, enacting this chapter] may be cited as the ‘Community Services Block Grant Act’.’’ A prior section 671 of Pub. L. 97–35 provided that sub- title B (§§ 671–683) of title VI of Pub. L. 97–35, which en- acted prior chapter and repealed sections 2701, 2706, 2711 to 2716, 2771, 2781, 2790, 2791, 2795 to 2797, 2808 to 2815, 2823 to 2825, 2827, 2828, 2830, 2833 to 2837, 2841, 2851 to 2856, 2881, 2901 to 2906, 2921 to 2923, 2928 to 2928g, 2928h to 2928n, 2929 to 2929c, 2930 to 2930f, 2931 to 2933, 2941 to 2948, 2950, 2951, 2961 to 2970, 2971a to 2971g, 2972 to 2980, 2981 to 2981c, 2982 to 2982c, 2983 to 2983b, 2984, 2984a, 2985 to 2985c, 2985d to 2985g, and 2995 to 2995c of this title and provisions set out as a note under section 2701 of this title, could be cited as the ‘‘Community Services Block Grant Act’’, prior to the general amendment of this chapter by Pub. L. 105–285. Executive Documents EX. ORD. NO. 13969. EXPANDING EDUCATIONAL OPPORTUNITY THROUGH SCHOOL CHOICE Ex. Ord. No. 13969, Dec. 28, 2020, 86 F.R. 219, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure the education, health, safety, and well-being of America’s children, our most essential resource upon which the future of our great Nation depends, it is hereby ordered as follows: SECTION 1. Purpose. As part of their efforts to address the public health challenges and uncertainties posed by the COVID–19 pandemic, State and local officials shut down in-person learning for the vast majority of our more than 56 million elementary and secondary school students beginning in late February and early March of this year. Since then, however, our Nation has identi- fied effective measures to facilitate the safe resump- tion of in-person learning, and the Federal Government has provided more than $13 billion to States and school districts to implement those measures. The prolonged deprivation of in-person learning op- portunities has produced undeniably dire consequences for the children of this country. The Centers for Dis- ease Control and Prevention has stated that school at- tendance is negatively correlated with a child’s risk of depression and various types of abuse. States have seen substantial declines in reports of child maltreatment while school buildings have been closed, indicating that allegations are going unreported. These reductions are driven in part by social isolation from the school- teachers and support staff with whom students typi- cally interact and who have an obligation to report sus- pected child maltreatment. The American Academy of Pediatrics (AAP) has also found that school closures have a ‘‘substantial impact on food security and phys- ical activity for children and families.’’ Additionally, a recent survey of educators found student absences from school, including virtual learning, have nearly doubled during the pandemic, and as AAP has noted, chronic absenteeism is associated with alcohol and drug use, teenage pregnancy, juvenile delinquency, and suicide attempts. School closures are especially difficult for families with children with special needs. Schools provide not only academic supports for students with special needs, but they also provide much-needed in-person therapies and services, including physical and occupational therapies. A recent survey found that 80 percent of chil- dren with special needs are not receiving the services and supports to which they are entitled and that ap- proximately 40 percent of children with special needs are receiving no services or supports. Moreover, the survey found that virtual learning may not be fully ac- cessible to these students, as children with special needs are twice as likely to receive little or no remote learning and to be dissatisfied with the remote learning received. Low-income and minority children are also dis- proportionately affected by school closures. In low-in- come zip codes, students’ math progress decreased by nearly 50 percent while school buildings were closed in the spring, and the math progress of students in mid- dle-income zip codes fell by almost a third during the same period. A recent analysis projected that, if in-per- son classes do not fully resume until January 2021, His- panic, Black, and low-income students will lose 9.2, 10.3, and 12.4 months of learning, respectively. A failure to quickly resume in-person learning op- tions is likely to have long-term economic effects on children and their families. According to a recent study, if in-person classes do not fully resume until January 2021, the average student could lose $61,000 to $82,000 in lifetime earnings, or the equivalent of a year of full-time work. Additionally, in 2019, more than 90 percent of children under the age of 18 had at least one employed parent. Many employed parents do not have the option of engaging in remote work that allows them the flexibility to supervise their children during the day when in-person learning options are not avail- able. Without the resumption of in-person learning op- portunities, the economic and social harms resulting from such lost employment opportunities will continue to compound. To help mitigate these harms, the Department of Health and Human Services recently announced addi- tional relief for low-income parents by allowing States to use funds available through the Child Care and De- velopment Fund to subsidize child care services and services that supplement academic instruction for chil- dren under the age of 13 who are participating in vir- tual instruction. Nevertheless, virtual instruction is an inadequate substitute for in-person learning opportuni- ties and this aid is insufficient to meet current needs. While some families, especially those with financial means, have been able to mitigate school disruptions through in-person options such as homeschooling, pri- vate schools, charter schools, and innovative models like microschools and ‘‘learning pods,’’ for many fami- lies, their children’s residentially assigned public school remains their only financially available option. Unfortunately, more than 50 percent of all public- school students in the United States began school re- motely this fall. These children, including those with special needs, are being underserved due to the public 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—