Improving the Community Services Block Grant Act of 2003
IMPROVING THE COMMUNITY SERVICES BLOCK GRANT ACT OF 2003 -- (House of Representatives - February 04, 2004)
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AMENDMENT NO. 4 IN THE NATURE OF A SUBSTITUTE OFFERED BY MS. WOOLSEY
Ms. WOOLSEY. Mr. Chairman, I offer an amendment in the nature of a substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of a substitute.
The text of the amendment in the nature of a substitute is as follows:
Amendment No. 4 in the nature of a substitute offered by Ms. Woolsey:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Improving the Community Services Block Grant Act of 2003".
SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS.
(a) PURPOSES AND GOALS.-Section 672 of the Community Services Block Grant Act (42 U.S.C. 9901 note) is amended to read as follows:
"SEC. 672 PURPOSES AND GOALS.
"The purpose of this subtitle is to reduce poverty-
"(1) by strengthening and coordinating local efforts to expand opportunities for individuals and families to become economically self-sufficient and to improve and revitalize low-income communities in urban and rural areas, by providing resources to States for support of local eligible entities, including community action agencies and other community-based organizations-
"(A) to plan, coordinate, and mobilize a broad range of Federal, State, local, and private assistance or investment in such a manner as to use these resources effectively to reduce poverty and in initiatives that are responsive to specific local needs and conditions;
"(B) to coordinate a range of services that meet the needs of low-income families and individuals, that support strong and healthy families, and that assist them in developing the skills needed to become self sustaining while ensuring that these services are provided effectively and efficiently; and
"(C) to design and implement comprehensive approaches to assist eligible individuals in gaining employment and achieving economic self-sufficiency;
"(2) by improving and revitalizing the low-income communities in urban and rural areas by providing resources to States for support of local eligible entities and their partners-
"(A) to broaden the resource base of initiatives and projects directed to the elimination of poverty and the redevelopment of the low-income community, including partnerships with nongovernmental and governmental institutions to develop the community assets and services that reduce poverty, such as-
"(i) other private, religious, charitable, and community-based organizations;
"(ii) individual citizens, and business, labor, and professional groups, that are able to influence the quantity and quality of opportunities and services for the poor; and
"(iii) local government leadership; and
"(B) to coordinate community-wide resources and services that will have a significant, measurable impact on the causes of poverty in the community and that will help families and individuals to achieve economic self-sufficiency and to test innovative, community-based approaches to attacking the causes and effects of poverty and of community breakdown, including-
"(i) innovative initiatives to prevent and reverse loss of investment, jobs, public services, and infrastructure in low- and moderate-income communities; and
"(ii) innovative partnerships to leverage the assets and services that reduce poverty, as provided in subparagraph (A); and
"(3) by ensuring maximum participation of residents of low-income communities and of members of the groups served by grants made under this subtitle in guiding the eligible entities and in their programs funded under this subtitle, to ameliorate the particular problems and needs of low-income residents and to develop the permanent social and economic assets of the low-income community in order to reduce the incidence of poverty.".
(b) DEFINITIONS.-Section 673(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended-
(1) in clause (i) by striking "and" at the end;
(2) in clause (ii) by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(iii) that successfully develops and meets the locally determined goals described in section 678E(b)(1), as determined by the State, and meets State goals, standards, and performance requirements as provided for in section 678B(a).".
(c) AUTHORIZATION OF APPROPRIATIONS.-Section 674 of the Community Services Block Grant Act (42 U.S.C. 9903) is amended-
(1) in subsection (a) by striking "1999 through 2003" and inserting "2004 through 2009"; and
(2) in subsection (b)(2)--
(A) by striking "678F" and inserting "678E to assist States, eligible entities, and their partners in projects supported by this subtitle"; and
(B) in subparagraph (B) by striking "monitoring (to correct programmatic deficiencies of eligible entities)" and inserting "monitoring (including technical assistance and training to correct programmatic deficiencies of eligible entities)".
(d) USES OF FUNDS.-Section 675C of the Community Services Block Grant Act (42 U.S.C. 9907) is amended-
(1) in subsection (a)(3)(A) by striking "Beginning on October 1, 2000, a" and inserting "A"; and
(2) in subsection (b)(1)(F) by striking "neighborhood-based" and inserting "community-based".
(e) APPLICATION AND PLAN.-Section 676 of the Community Services Block Grant Act (42 U.S.C. 9908) is amended-
(1) in subsection (b)--
(A) by striking "Beginning with fiscal year 2000, to" and inserting "To";
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking "youth development programs that support" and inserting "youth development programs, which may include mentoring programs, that support"; and
(II) by striking "and" at the end;
(ii) in subparagraph (c) by adding "and" at the end; and
(iii) by adding at the end the following:
"(D) initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities;";
(C) in paragraph (2) by striking "community and neighborhood-based" and inserting "community-based";
(D) in paragraph (3)--
(1) in the matter preceding subparagraph (A) by striking "information provided by eligible entities in the State, containing" and inserting "an assurance that the State will provide information, including"; and
(ii) in subparagraph (D) by striking "community and neighborhood-based" and inserting "community-based";
(E) in paragraph (9) by striking "and community organizations" and inserting "and community-based organizations";
(F) in paragraph (10) by striking "community organization" and inserting "community-based organization";
(G) in paragraph (12) by striking "and" at the end;
(H) by redesignating paragraph (13) as paragraph (15); and
(I) by inserting after paragraph (12) the following:
"(13) an assurance that the State will take swift action to improve performance or, when appropriate, to terminate the funding under this subtitle of low-performing eligible entities that do not meet the applicable locally determined goals described in section 678E(b)(1) or do not meet the State goals, standards, and requirements as provided for in section 678B(a);
"(14) an assurance that the State will provide a justification to the Secretary if it continues to fund persistently low-performing eligible entities; and";
(2) in subsection (c)(2) by striking "plan, or" and all that follows through the period at the end, and inserting "plan, to meet a State requirement, as described in section 678C(a), or to meet the locally determined goals as described in section 678E(b)(1)."; and
(3) by striking subsection (f).
(f) TRAINING, TECHNICAL ASSISTANCE, AND OTHER ACTIVITIES.-Section 678A(a)(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9913(a)(1)(A)) is amended-
(1) by inserting "dissemination regarding best practices," after "technical assistance,"; and
(2) by inserting "(including to assist in the development of reporting systems and electronic data systems)" after "collection activities".
(g) MONITORING OF ELIGIBLE ENTITIES.-Section 678B of the Community Services Block Grant Act (42 U.S.C. 9914) is amended-
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by inserting "and the locally determined performance goals described in section 678E(b)(1)" after "a State"; and
(B) in paragraph (3)--
(i) by inserting "appropriate" before "goals"; and
(ii) by striking "established by the State"; and
(2) in the last sentence of subsection © by striking "Chairperson of the Committee on Education" and all that follows through "Human Resources of the Senate" and inserting "appropriate congressional committees".
(h) CORRECTIVE ACTION; TERMINATION AND REDUCTION OF FUNDING.-Section 678C(a) of the Community Services Block Grant Act (42 U.S.C. 9915(a)) is amended in the matter preceding paragraph (1) by striking "established by the State".
(i) ACCOUNTABILITY AND REPORTING REQUIREMENTS.-Section 678E of the Community Services Block Grant Act (42 U.S.C. 9917) is amended-
(1) in subsection (a)--
(A) in paragraph (1)(A) by striking "By October 1, 2001, each" and inserting "Each"; and
(B) in paragraph (2)--
(i) in the 1st sentence by inserting "including any activities under section 678C" before the period at the end;
(ii) by striking the 2d sentence;
(iii) in the 3d sentence by striking "also"; and
(iv) in the 3d sentence by inserting "information on the timeliness of the distribution of block grant funds to eligible
entities as provided in section 675C(a)," after "including";
(2) in subsection (b)--
(A) in paragraph (2) in the matter preceding subparagraph (A) by striking "beginning after September 30, 1999";
(B) in paragraph (3) by striking "Committee on Education" and all that follows through "Human Resources of the Senate" and inserting "appropriate congressional committees";
(C) by adding at the end the following:
"(5) COORDINATION OF REPORTING REQUIREMENTS.-To the maximum extent possible, the Secretary shall coordinate reporting requirements for all programs of the Department of Health and Human Services managed by eligible entities so as to consolidate and reduce the number of reports required about individuals, families, and uses of grant funds."; and
(D) by redesignating such subsection as subsection ©; and
(3) by inserting after subsection (a) the following:
"(b) LOCAL ACCOUNTABILITY AND REPORTING REQUIREMENTS.-
"(1) LOCALLY DETERMINED GOALS.-In order to be designated as an eligible entity and to receive a grant under this subtitle, an eligible entity shall establish locally determined goals for reducing poverty in the community, including goals for-
"(A) leveraging and mobilizing community resources;
"(B) fostering coordination of Federal, State, local, private, and other assistance; and
"(C) promoting community involvement.
"(2) DEMONSTRATION THAT GOALS WERE MET.-In order for an eligible entity to receive a second or subsequent grant made under this subtitle after the effective date of this paragraph, such entity shall demonstrate to the State that it has met the goals described in paragraph (1).".
(j) NONDISCRIMINATION.-Section 678F(c)(1) of the Community Services Block Grant Act (42 U.S.C. 9918(c)(1)) is amended by inserting "religion," after "color,".
(k) TREATMENT OF BENEFICIARIES.-Section 679 of the Community Services Block Grant Act (42 U.S.C. 9920) is amended to read as follows:
"SEC. 679. OPERATIONAL RULE.
"(a) RELIGIOUS ORGANIZATIONS INCLUDED AS NONGOVERNMENTAL PROVIDERS.-For any program carried out by the Federal Government, or by a State or local government under this subtitle, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this subtitle shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this subtitle, on the basis that the organization has a religious character.
"(b) RELIGIOUS CHARACTER AND INDEPENDENCE.-
"(1) IN GENERAL.-A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs.
"(2) ADDITIONAL SAFEGUARDS.-Neither the Federal Government nor a State or local government shall require a religious organization-
"(A) to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in section 676B; or
"(B) to remove religious art, icons, scripture, or other symbols; in order to be eligible to provide assistance under a program described in subsection (a).
"(C) LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.-No funds provided directly to a religious organization to provide assistance under any program described in subsection (a) shall be expended for sectarian worship, instruction, or proselytization.
"(d) FISCAL ACCOUNTABILITY.-
"(1) IN GENERAL.-Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program.
"(2) LIMITED AUDIT.-Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government.
"(e) TREATMENT OF ELIGIBLE ENTITIES AND OTHER INTERMEDIATE ORGANIZATIONS.-If an eligible entity or other organization (referred to in this subsection as an "intermediate organization"), acting under a contract, or grant or other agreement, with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government.
"(f) TREATMENT OF BENEFICIARIES.-In providing assistance under a program described in subsection (a), a religious organization shall not discriminate against a beneficiary, or a potential beneficiary, of such assistance on the basis of religion or of a religious belief.
"(g) OPERATIONAL REQUIREMENT.-Notwithstanding any other provision of this section, each entity that carries out a program, or provides assistance, under this subtitle shall carry out such program, or shall provide such assistance, in a lawful and secular manner.".
(l) DISCRETIONARY AUTHORITY OF SECRETARY.-Section 680 of the Community Services Block Grant Act (42 U.S.C. 9921) is amended-
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A) by inserting "(including financial assistance for construction or substantial rehabilitation of buildings and facilities, and for loans or investments in private business enterprises owned by community development corporations)" after "assistance";
(ii) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F), and (G), respectively; and
(iii) by inserting after subparagraph (A) the following:
"(B) FEDERAL INTEREST.-The Secretary shall establish procedures that permit funds provided under a grant made under this paragraph, or intangible assets acquired with such funds, to become the sole property of the grantee before the expiration of the 12-year period beginning after the fiscal year for which such grant is made if such grantee agrees to use such funds or such property for purposes and uses consistent with the purposes and uses for which such grant is made.
"(C) REPLACEMENT ACTIVITIES.-The Secretary shall establish procedures to allow a grant made under this paragraph to be used by a grantee to carry out activities substantially similar to the activities for which such grant is made if, due to no fault of such grantee, such grantee cannot carry out the activities for which such grant is made. Such procedures shall require that the substantially similar activities serve the same impact area and have the same goals, objectives, and outcomes as the activities for which such grant is made.";
(B) in paragraph (3)(B) by inserting "water and wastewater" after "community"; and
(C) in paragraph (4) by striking "neighborhood-based" and inserting "community-based"; and
(2) in subsection (c) by striking "Chairperson of the Committee on Education" and all that follows through "Human Resources of the Senate" and inserting "appropriate congressional committees".
(m) COMMUNITY FOOD AND NUTRITION PROGRAMS.-Section 681 of the Community Services Block Grant Act (42 U.S.C. 9922) is amended-
(1) in subsection (c) in the matter preceding paragraph (1) by striking "Committee on Education" and all that follows through "Human Resources of the Senate" and inserting "appropriate congressional committees"; and
(2) in subsection (d) by striking "1999 through 2003" and inserting "2004 through 2009".
(n) NATIONAL OR REGIONAL PROGRAMS DESIGNED TO PROVIDE INSTRUCTIONAL ACTIVITIES FOR LOW-INCOME YOUTH.-Section 682 of the Community Services Block Grant Act (42 U.S.C. 9923) is amended-
(1) in subsection (b)(5)--
(A) by inserting "(which may be accomplished through mentoring)" after "youth"; and
(B) by inserting "to improve academic achievement" after "study practices"; and
(2) in subsection (g) by striking "1999 through 2003" and inserting "2004 through 2009".
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning after the date of the enactment of this Act.
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Ms. LORETTA SANCHEZ of California. Mr. Chairman, I rise in support of this substitute to H.R. 3030, which will improve the Community Services Block Grant.
In the Republican version of H.R. 3030, a church could decide that an individual is not qualified to work in a federally funded community services program, simply because that individual does not hold the same religious beliefs.
There is no question that this is a clear violation of civil rights. It must be amended.
Religious organizations provide essential community services around the country. However, we must not allow these organizations to discriminate against people who want to work in federally funded social service programs. The Democratic substitute would forbid such discriminatory practices.
Don't misunderstand me. I absolutely support the amazing work that local religious organizations do to help poor and disadvantaged families. In Orange County, the Orange County Rescue mission provides food and shelter to disadvantaged men and women. This work is necessary, and appreciated.
Indeed, this good work should continue. Religious organizations should receive funding for community programs. The Democratic amendment would allow churches and other religious organizations to receive federal funds for community programs.
But religious groups should follow the same civil rights protections secular organizations are required by law to follow in order to receive Federal dollars.
Religious and civil rights groups support this effort, too, because they understand that discrimination based on religion has no place in the Community Services Block Grant program.
These groups also know that Democrats support programs that help poverty-stricken individuals, whether those programs are operated by secular or religious organizations.
The Democratic amendment will preserve Federal support to religious organizations providing critical community services. It only serves to strengthen those programs by holding them to the same standard of civil rights in employment practices that all other organizations must follow.
Please join me in supporting this amendment.
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