1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 106 - COMMUNITY SERVICES BLOCK GRANT PROGRAM
Sec. 9903 - State allocations

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§9903. State allocations (a) Allocations for technical assistance and training

(1) Of the amounts appropriated for a fiscal year pursuant to section 9901(b) of this title, the Secretary may reserve not less than one-half of 1 percent and not more than 1 percent for training, technical assistance, planning, evaluation, and data collection activities related to programs or projects carried out under this chapter. Such activities may be carried out by the Secretary through grants, contracts, or cooperative agreements with eligible entities or with organizations or associations whose membership is composed of eligible entities or agencies that administer programs for eligible entities.

(2) The process for determining the technical assistance and training activities to be carried out under this section shall—

(A) ensure the needs of community action agencies and programs relating to improving program quality, including financial management practices, are addressed to the maximum extent feasible; and

(B) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the community action State and national network.

(b) Percentage apportionment; “State” defined

(1) The Secretary shall from the amount appropriated under section 9901 of this title for each fiscal year which remains after—

(A) the Secretary makes the apportionment required in subsection (b)(1) 1 of this section; and

(B) the Secretary determines the amount necessary for the purposes of section 9910(d) of this title;

allot to each State an amount which bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 2808 2 of this title bore to the total amount received by all States for fiscal year 1981 under such part,3 except that no State shall receive less than one-quarter of 1 percent of the amount appropriated under section 9901 of this title for such fiscal year.

(2)(A) Subject to subparagraphs (B) and (C), if the amount appropriated under section 9901 of this title for each fiscal year which remains after—

(i) the Secretary makes the apportionment required in subsection (b)(1) 1 of this section; and

(ii) the Secretary determines the amount necessary for the purposes of section 9910(d) of this title;

exceeds 5,000,000, the Secretary shall allot to each State not less than one-half of 1 percent of the amount appropriated under section 9901 of this title for such fiscal year.

(B) Subparagraph (A) shall not apply with respect to a fiscal year if the amount allotted under paragraph (1) to any State is less than the amount allotted under such paragraph to such State for fiscal year 1990.

(C) The amount allotted under subparagraph (A) to a State shall be reduced, if necessary, so that the aggregate amount allotted to such State under such subparagraph and paragraph (1) does not exceed 140 percent of the aggregate amount so allotted to such State for the fiscal year preceding the fiscal year for which a determination is made under this paragraph.

(3) For purposes of this subsection, the term “State” does not include Guam, American Samoa, the Virgin Islands of the United States, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(c) Special allocations to insular areas

(1) The Secretary shall apportion one-half of 1 percent of the amount appropriated under section 9901 of this title for each fiscal year on the basis of need among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(2) Each jurisdiction to which paragraph (1) applies may receive grants under this chapter upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this chapter, and which are consistent with the requirements of section 9904 of this title.

(d) Allocations to Indian tribes; amount, conditions, etc.

(1) If, with respect to any State, the Secretary—

(A) receives a request from the governing body of an Indian tribe or tribal organization within the State that assistance under this chapter be made directly to such tribe or organization; and

(B) determines that the members of such tribe or tribal organization would be better served by means of grants made directly to provide benefits under this chapter;

the Secretary shall reserve from amounts which would otherwise be allotted to such State under this chapter for the fiscal year the amount determined under paragraph (2).

(2) The Secretary shall reserve for the purpose of paragraph (1) from sums that would otherwise be allotted to such State not less than 100 percent of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all eligible Indians for whom a determination under this paragraph has been made bears to the population of all individuals eligible for assistance under this chapter in such State.

(3) The sums reserved by the Secretary on the basis of a determination under this subsection shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.

(4) In order for an Indian tribe or tribal organization to be eligible for an award for a fiscal year under this subsection, it shall submit to the Secretary a plan for such fiscal year which meets such criteria as the Secretary may prescribe by regulation.

(5) The terms “Indian tribe” and “tribal organization” mean those tribes, bands, or other organized groups of Indians recognized in the State in which they reside or considered by the Secretary of the Interior to be an Indian tribe or an Indian organization for any purpose.

(Pub. L. 97–35, title VI, §674, Aug. 13, 1981, 95 Stat. 512; Pub. L. 99–425, title IV, §405(c)(1), Sept. 30, 1986, 100 Stat. 970; Pub. L. 101–501, title IV, §403, Nov. 3, 1990, 104 Stat. 1251; Pub. L. 103–171, §7(c)(2), Dec. 2, 1993, 107 Stat. 1994; Pub. L. 103–252, title II, §202(b), May 18, 1994, 108 Stat. 651.)

References in Text

Section 2808 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 97–35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519.

Amendments

1994—Pub. L. 103–252 added subsec. (a) and redesignated former subsecs. (a) to (c) as (b) to (d), respectively.

1993—Subsec. (a)(1)(B), (2)(A)(ii). Pub. L. 103–171, §7(c)(2)(A), substituted “section 9910(d)” for “section 9910(c)”.

Subsec. (a)(3). Pub. L. 103–171, §7(c)(2)(B), substituted “Virgin Islands of the United States” for “Virgin Islands”.

1990—Subsec. (a)(2), (3). Pub. L. 101–501 added par. (2) and redesignated former par. (2) as (3).

1986—Subsec. (a)(1)(B). Pub. L. 99–425 substituted “9910(c)” for “9910(b)”.

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 of 1986 Amendment

Amendment by Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Section Referred to in Other Sections

This section is referred to in sections 9904, 9907, 9911, 11462 of this title.

1 So in original. Probably should be subsection “(c)(1)”.

2 See References in Text note below.

3 So in original. Probably should be “such section,”.