§9902. Definitions

For purposes of this chapter:

(1) The term "eligible entity" means any organization which was officially designated as a community action agency or a community action program under the provisions of section 210 of the Economic Opportunity Act of 1964 [42 U.S.C. 2790] for fiscal year 1981, or which came into existence during fiscal year 1982 as a direct successor in interest to such a community action agency or community action program and meets all the requirements under section 9904(c)(3) of this title with respect to the composition of the board, unless such community action agency or a community action program lost its designation under section 210 of such Act as a result of a failure to comply with the provisions of such Act [42 U.S.C. 2701 et seq.]. The term "eligible entity" also includes any limited purpose agency designated under title II of the Economic Opportunity Act of 1964 [42 U.S.C. 2781 et seq.] for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, unless such designated agency lost its designation under title II of such Act as a result of a failure to comply with the provisions of such Act, any grantee which received financial assistance under section 222(a)(4) of the Economic Opportunity Act of 1964 [42 U.S.C. 2809(a)(4)] in fiscal year 1981, and any organization to which a State which applied for and received a waiver from the Secretary under Public Law 98–139 made a grant under this Act in fiscal year 1984. If any geographic area of a State is not, or ceases to be, served by an eligible entity, the chief executive officer of the State may decide to serve such a new area by-

(A) requesting an existing eligible entity which is located and provides services in an area contiguous to the new area to serve the new area;

(B) if no existing eligible entity is located and provides services in an area contiguous to the new area, requesting the eligible entity located closest to the area to be served or an existing eligible entity serving an area within reasonable proximity of the new area to provide services in the new area; or

(C) where no existing eligible entity requested to serve the new area decides to do so, designating any existing eligible entity, any organization which has a board meeting the requirements of section 9904(c)(3) of this title or any political subdivision of the State to serve the new area. In making a designation under this subparagraph, such chief executive officer shall give priority to such organization. Such officer's designation of an organization which has a board meeting the requirements of section 9904(c)(3) of this title or a political subdivision of the State to serve the new area shall qualify such organization as an eligible entity under this Act.

(2) The term "poverty line" means the official poverty line defined by the Office of Management and Budget based on Bureau of the Census data. The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary deems feasible and desirable) which shall be used as a criterion of eligibility in community service block grant programs. The required revision shall be accomplished by multiplying the official poverty line by the percentage 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 the State determines that it serves the objectives of the block grant established by 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) The term "Secretary" means the Secretary of Health and Human Services.

(4) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

( 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 .)

References in Text

The Economic Opportunity Act of 1964, referred to in par. (1), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508 , as amended, which was classified generally to chapter 34 (§2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519 . Title II of the Economic Opportunity Act of 1964 was classified generally to subchapter II (§2781 et seq.) of chapter 34 of this title. Titles VIII and X of the Act are classified generally to subchapters VIII (§2991 et seq.) and X (§2996 et seq.) of chapter 34 of this title. Sections 210 and 222(a)(4) of the Act were classified to sections 2790 and 2809(a)(4) of this title, respectively, prior to repeal by section 683(a) of Pub. L. 97–35. For complete classification of this Act to the Code, see Tables.

Public Law 98–139, referred to in par. (1), is Pub. L. 98–139, Oct. 31, 1983, 97 Stat. 871 , known as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1984. Provisions relating to a waiver by the Secretary of Health and Human Services are set out at 97 Stat. 885. For complete classification of this Act to the Code, see Tables.

This Act, referred to in par. (1), is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357 , as amended, known as the Omnibus Budget Reconciliation Act of 1981. For complete classification of this Act to the Code, see Tables.

Amendments

1993-Par. (4). Pub. L. 103–171 substituted "Virgin Islands of the United States" for "Virgin Islands".

1990-Par. (1). Pub. L. 101–501, §402(1)–(3), substituted, in third sentence, "If" for "In", "is not, or ceases to be," for "not presently", and "chief executive officer" for "Governor".

Par. (1)(C). Pub. L. 101–501, §402(4), (5), inserted before last sentence "In making a designation under this subparagraph, such chief executive officer shall give priority to such organization." and substituted "Such officer's" for "The Governor's" in last sentence.

Par. (2). Pub. L. 101–501, §408, which directed that "For All Urban" be substituted for "for all Urban", could not be executed, because the phrase already appears in text as "For All Urban". See 1984 Amendment note below.

1986-Par. (1). Pub. L. 99–425 inserted ", or which came into existence during fiscal year 1982 as a direct successor in interest to such a community action agency or community action program and meets all the requirements under section 675(c)(3) of this Act with respect to the composition of the board" after "1981".

1984-Par. (1). Pub. L. 98–558, §202(a), inserted provision relating to any organization to which a State which applied for and received a waiver from the Secretary under Public Law 98–139 made a grant under this Act in fiscal year 1984, and inserted provisions authorizing Governors to serve new areas and relating to qualification as eligible entities under this chapter.

Par. (2). Pub. L. 98–558, §202(b), inserted at end "Whenever the State determines that it serves the objectives of the block grant established by 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."

Pub. L. 98–288 substituted "defined by the Office of Management and Budget based on Bureau of the Census data" for "established by the Director of the Office of Management and Budget" and inserted "For All Urban Consumers" after "Consumer Price Index".

1981-Par. (1). Pub. L. 97–115 inserted provisions that the term eligible entity includes any limited purpose agency designated under title II of the Economic Opportunity Act of 1964 for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, unless such designated agency lost its designation under title II of such act as a result of a failure to comply with the provisions of such Act, and any grantee which received financial assistance under section 221 or section 222(a)(4) of such Act in fiscal year 1981.

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 247b–5, 247c–1, 256, 256a, 290bb–1, 290ff–3, 300n, 300dd–12, 300ff–76, 701, 1396a, 1396d, 1396o, 1396r–5, 1396r–6, 1758, 3002, 4955, 5011, 5061, 8622, 8626b, 9904, 9910b, 9912, 11462, 12618, 13791 of this title; title 7 sections 1927, 2014, 3175; title 8 section 1154; title 20 sections 1078–10, 1085; title 29 sections 1503, 1602, 1642.