[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2856 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2856

To increase the overall economy and efficiency of Government operations 
  and enable more efficient use of Federal funding, by authorizing a 
 demonstration program that enables local governments and private, not-
for-profit organizations to use amounts available under certain Federal 
 assistance programs in accordance with approved integrated assistance 
                                 plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

  Mr. Conyers (for himself and Mr. Clinger) introduced the following 
   bill; which was referred to the Committee on Government Operations

_______________________________________________________________________

                                 A BILL


 
To increase the overall economy and efficiency of Government operations 
  and enable more efficient use of Federal funding, by authorizing a 
 demonstration program that enables local governments and private, not-
for-profit organizations to use amounts available under certain Federal 
 assistance programs in accordance with approved integrated assistance 
                                 plans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Flexibility Act of 1993''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To encourage the integration of Federal programs by 
        local governments and private, not-for-profit organizations, 
        when such integration would further the goals and objectives of 
        the grant programs integrated.
            (2) To enable more efficient use of Federal, State, and 
        local resources.
            (3) To enable local governments and private, not-for-profit 
        organizations to adapt programs of Federal assistance to the 
        particular needs of low-income citizens and the operating 
        practices of recipients, by drawing upon appropriations 
        available from more than one Federal program and by integrating 
        programs and program funds across existing Federal assistance 
        categories.

SEC. 3. PROVISION OF FEDERAL ASSISTANCE IN ACCORDANCE WITH APPROVED 
              INTEGRATED ASSISTANCE PLAN.

    (a) Payments to Local Governments.--Notwithstanding any other 
provision of law, amounts available to a local government or a 
qualified organization under a covered Federal assistance program 
included in an approved integrated assistance plan shall be provided to 
and used by the local government or organization in accordance with 
that approved integrated assistance plan.
    (b) Eligibility for Benefits.--An individual or family that is 
eligible for benefits or services under a covered Federal assistance 
program included in an approved integrated assistance plan may receive 
those benefits only in accordance with the plan.

SEC. 4. APPLICATION FOR APPROVAL OF INTEGRATED ASSISTANCE PLAN.

    (a) In General.--A local government may submit to the Interagency 
Review Council in accordance with this section an application for 
approval of an integrated assistance plan.
    (b) Contents of Application.--An application submitted under this 
section shall include--
            (1) a proposed integrated assistance plan that complies 
        with subsection (c);
            (2) certification by the chief executive of the local 
        government, and such additional assurances as may be required 
        by the Interagency Review Council, that--
                    (A) the local government has the ability and 
                authority to implement the proposed plan, either 
                directly or through contractual or other arrangements, 
                throughout the geographic area in which the proposed 
                plan is intended to apply;
                    (B) amounts are available from non-Federal sources 
                to pay the non-Federal share of all covered Federal 
                assistance programs included in the proposed plan; and
                    (C) low income individuals and families that reside 
                in that geographic area participated in the development 
                of the proposed plan;
            (3) any comments on the proposed plan submitted under 
        subsection (d) by the Governor of the State of the local 
        government; and
            (4) any other information the Interagency Review Council 
        may require to approve the proposed plan.
    (c) Contents of Plan.--An integrated assistance plan submitted by a 
local government under this section shall include the following:
            (1) Geographic area.--The geographic area to which the plan 
        applies and the rationale for so defining the area.
            (2) Recipients.--The particular groups of individuals, by 
        age, service needs, economic circumstances, or other defining 
        factors, who will receive services and benefits under the plan.
            (3) Goals and performance criteria.--Specific goals and 
        measurable performance criteria, a description of how the plan 
        is expected to attain those goals and criteria, a description 
        of how performance will be measured, and a system for the 
        comprehensive evaluation of the impact of the plan on 
        participants, the community, and program costs.
            (4) Public participation.--Elements that will assist 
        individuals and families who will receive benefits under the 
        plan to participate actively in developing both long- and 
        short-range plans for benefits provided under the plan and in 
        deciding other matters, including--
                    (A) the scope of services necessary and desired to 
                meet the full range of the individuals' or families' 
                needs,
                    (B) the choice of provider, and
                    (C) any other choices affecting the service design 
                for that individual or family.
            (5) Covered federal assistance programs.--The eligible 
        Federal assistance programs to be included in the plan as 
        covered Federal assistance programs and the specific benefits 
        that will be provided under the plan pursuant to those 
        programs, including criteria for determining eligibility for 
        benefits under the plan, the services available, the amounts 
        and form (such as cash, in-kind contributions, or financial 
        instruments) of non-service benefits, and any other descriptive 
        information the Interagency Review Council considers necessary 
        to approve the plan.
            (6) Federal requirements to be waived.--Any Federal 
        statutory or regulatory requirement applicable under a covered 
        Federal assistance program included in the plan, the waiver of 
        which is necessary to implement the plan.
            (7) Fiscal control and accountability.--Fiscal control and 
        related accountability procedures applicable under the plan.
            (8) Sources of non-federal funds.--A description of the 
        sources of all non-Federal funds that are required to carry out 
        covered Federal assistance programs included in the plan.
            (9) Consent of qualified organizations.--Written consent 
        from each qualified organization for which consent is required 
        under section 5(b)(2).
            (10) Other information.--Any other information the 
        Interagency Review Council may require to approve the plan.
    (d) Procedure for Applying.--
            (1) Submission to governor--To apply for approval of an 
        integrated assistance plan, a local government shall submit an 
        application in accordance with this section to the Governor of 
        the State in which the local government is located.
            (2) Submission by governor.--A Governor who receives an 
        application from a local government under paragraph (1) shall, 
        by not later than 30 days after the date of that receipt--
                    (A) prepare comments on the proposed integrated 
                assistance plan included in the application; and
                    (B) submit the application and comments to the 
                Interagency Review Council.

SEC. 5. REVIEW AND APPROVAL OF INTEGRATED ASSISTANCE PLANS.

    (a) Review of Applications.--Upon receipt of an application for 
approval of an integrated assistance plan under this Act, the 
Interagency Review Council shall--
            (1) approve or disapprove the plan within 45 days after 
        receipt of the application;
            (2) notify the applicant in writing of that approval or 
        disapproval by not later than 15 days after the date of that 
        approval or disapproval; and
            (3) in the case of any disapproval of a plan, include a 
        written justification of the reasons for disapproval in the 
        notice of disapproval sent to the applicant.
    (b) Approval.--
            (1) Requirements.--The Interagency Review Council may 
        approve an integrated assistance plan for which an application 
        is submitted under this Act, or any part of such a plan, if a 
        majority of members of the Council determines that--
                    (A) the plan or part will improve the effectiveness 
                and efficiency of providing benefits under covered 
                Federal programs included in the plan by reducing 
                administrative rigidity, duplication, and unnecessary 
                expenditures;
                    (B) the applicant local government has adequately 
                considered, and the plan or part appropriately 
                addresses, any effect that administration of each 
                covered Federal program under the plan or part will 
                have on administration of the other covered Federal 
                programs under that plan or part;
                    (C) the applicant local government has or is 
                developing data bases, planning, and evaluation 
                processes that are adequate for implementing the plan 
                or part;
                    (D) implementation of the plan or part will 
                adequately achieve the purposes of this Act and of each 
                covered Federal assistance program under the plan or 
                part;
                    (E) the plan and the application for approval of 
                the plan comply with the requirements of this Act;
                    (F) the plan or part is adequate to ensure that 
                individuals and families that receive benefits under 
                covered Federal assistance programs included in the 
                plan or part will continue to receive benefits that 
                meet the needs intended to be met under the program; 
                and
                    (G) the level of those benefits will not be reduced 
                for any individual or family.
            (2) Limitations.--The Interagency Review Council may not 
        approve any part of an integrated assistance plan if--
                    (A) implementation of that part would result in any 
                increase in the total amount of obligations or outlays 
                of discretionary appropriations or direct spending 
                under covered Federal assistance programs included in 
                that part, over the amounts of such obligations and 
                outlays that would occur under those programs without 
                implementation of the part; or
                    (B) in the case of a plan or part that applies to 
                assistance to a qualified organization under an 
                eligible Federal assistance program, the qualified 
                organization does not consent in writing to the receipt 
                of that assistance in accordance with the plan.
            (3) Disapproval of part of plan required.--The Interagency 
        Review Council shall disapprove a part of an integrated 
        assistance plan if a majority of the Council disapproves that 
        part of the plan based on a failure of the part to comply with 
        paragraph (1).
            (4) Period of approved plan.--In approving any part of an 
        integrated assistance plan, the Interagency Review Council 
        shall specify the period during which the part is effective. An 
        approved integrated assistance plan shall not be effective 
        after the date of the termination of effectiveness of this Act 
        under section 11(a).
            (5) Eligibility under federal programs not affected.--
        Disapproval by the Interagency Review Council of any part of an 
        integrated assistance plan submitted by a local government 
        under this Act shall not affect the eligibility of a local 
        government, a qualified organization, or any individual for 
        benefits under any Federal program.
    (c) Memoranda of Understanding.--
            (1) In general.--The Interagency Review Council may not 
        approve a part of an integrated Federal assistance plan unless 
        each local government and each qualified organization that 
        would receive assistance under the plan enters into a 
        memorandum of understanding under this subsection with the 
        Interagency Review Council.
            (2) Terms.--A memorandum of understanding under this 
        subsection shall specify all understandings that have been 
        reached by the Interagency Review Council, the local 
        government, and each qualified organization that is subject to 
        an integrated assistance plan, regarding the approval and 
        implementation of all parts of an integrated assistance plan 
        that are the subject of the memorandum, including with respect 
        to--
                    (A) all requirements under covered Federal 
                assistance programs that are to be waived by the 
                Interagency Review Council pursuant to section 6(b);
                    (B) the total amount of Federal funds that will be 
                provided as benefits under or used to administer 
                covered Federal assistance programs included in those 
                parts, or a mechanism for determining that amount, 
                including specification of the total amount of Federal 
                funds that will be provided or used under each covered 
                Federal assistance program included in those parts;
                    (C) the sources of all non-Federal funds that will 
                be provided as benefits under or used to administer 
                those parts;
                    (D) measurable performance criteria that will be 
                used during the term of those parts to determine the 
                extent to which the goals and performance levels of the 
                parts are achieved; and
                    (E) the data to be collected to make that 
                determination.
    (d) Limitation on Confidentiality Requirements.--The Interagency 
Review Council may not, as a condition of approval of any part of an 
integrated assistance plan or with respect to the implementation of any 
part of an approved integrated assistance plan, establish any 
confidentiality requirement which would--
            (1) impede the exchange of information needed for the 
        design or provision of benefits under the parts; or
            (2) conflict with existing law.

SEC. 6. IMPLEMENTATION OF APPROVED INTEGRATED ASSISTANCE PLANS; WAIVER 
              OF REQUIREMENTS.

    (a) Payments and Administration in Accordance With Plan.--
Notwithstanding any other law, any benefit which is provided under a 
covered Federal assistance program included in an approved integrated 
assistance plan shall be paid and administered in the manner specified 
in the approved integrated assistance plan.
    (b) Waiver of Requirements.--
            (1) In general.--Notwithstanding any other law and subject 
        to paragraphs (2) and (3), the Interagency Review Council may 
        waive any requirement applicable under Federal law to the 
        administration of, or provision of benefits under, any covered 
        Federal assistance program included in an approved integrated 
        assistance plan, if that waiver is--
                    (A) reasonably necessary for the implementation of 
                the plan; and
                    (B) approved by a majority of members of the 
                Interagency Review Council.
            (2) Finding required.--The Interagency Review Council may 
        not waive a requirement under this subsection unless the 
        Council finds that waiver of the requirement will not result in 
        a reduction in services or benefits for any individual or 
        family that is eligible for benefits under a covered Federal 
        assistance program.
            (3) Limitations.--The Interagency Review Council may not 
        under this subsection waive any requirement--
                    (A) that is established by statute or regulation 
                under--
                            (i) title VI of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000d et seq.);
                            (ii) section 504 of the Rehabilitation Act 
                        of 1973 (29 U.S.C. 701 et seq.);
                            (iii) title IX of the Education Amendments 
                        of 1972 (86 Stat. 373 et seq.);
                            (iv) the Age Discrimination Act of 1975 (42 
                        U.S.C. 6101 et seq.); or
                            (v) the Americans With Disabilities Act of 
                        1990; or
                    (B) for payment of a non-Federal share of funding 
                of an activity under a covered Federal assistance 
                program.
    (c) Special Assistance.--To the extent otherwise permitted by law, 
the head of each Federal agency shall seek to provide special 
assistance to a local government to support implementation of an 
approved integrated assistance plan, including expedited processing, 
priority funding, and technical assistance.
    (d) Evaluation and Termination.--
            (1) In general.--A local government, in accordance with 
        regulations issued by the Interagency Review Council, shall--
                    (A) submit such reports on and cooperate in such 
                audits of the implementation of its approved integrated 
                assistance program; and
                    (B) periodically evaluate the effect implementation 
                of the plan has had on--
                            (i) individuals who receive benefits under 
                        the plan;
                            (ii) communities where those individuals 
                        live; and
                            (iii) costs of administering covered 
                        Federal assistance programs included in the 
                        plan.
            (2) Annual reports.--Not later than 90 days after the end 
        of the 1-year period beginning on the date of the approval by 
        the Interagency Review Council of an approved integrated 
        assistance plan of a local government, and annually thereafter, 
        the local government shall submit to the Interagency Review 
        Council a report on the principal activities and achievements 
        under the plan during the period covered by the report, 
        comparing those achievements to the goals and performance 
        criteria included in the plan pursuant to section 4(c)(3).
            (3) Termination of plan.--
                    (A) In general.--If the Interagency Review Council, 
                after consultation with the head of each Federal agency 
                responsible for administering a covered Federal 
                assistance program included in an approved integrated 
                assistance plan of a local government, determines--
                            (i) the goals and performance criteria 
                        included in the plan pursuant to section 
                        4(c)(3) have not been met; and
                            (ii) after considering any experiences 
                        gained in implementation of the plan, that 
                        those goals and criteria are sound;
                the Interagency Review Council may terminate the 
                effectiveness of the plan.
                    (B) Timing.--In terminating the effectiveness of an 
                approved integrated assistance plan under this 
                paragraph, the Interagency Review Council shall allow a 
                reasonable period of time for appropriate Federal, 
                State, and local agencies, and qualified organizations 
                to resume administration of Federal programs that are 
                covered Federal assistance programs included in the 
                plan.
    (e) Final Report; Extension of Plans.--
            (1) Final report of local government.--Not later than 45 
        days after the end of the effective period of an approved 
        integrated assistance plan of a local government, or at any 
        time that the local government determines that the plan has 
        demonstrated its worth and proven to be a superior way to 
        provide benefits under covered Federal assistance programs 
        included in the plan, the local government shall submit to the 
        Interagency Review Council a final report on its implementation 
        of the plan, including a full evaluation of the successes and 
        shortcomings of the plan and the effects of that implementation 
        on individuals who receive benefits under those programs.
            (2) Extension of plan.--The Interagency Review Council may 
        extend the effective period of an approved integrated 
        assistance plan for such period as may be appropriate, based on 
        the report of a local government under paragraph (1).

SEC. 7. COMMUNITY ADVISORY COMMITTEES.

    (a) Establishment.--A local government that applies for approval of 
an integrated assistance plan under this Act shall establish a 
Community Advisory Committee in accordance with this section.
    (b) Functions.--A Community Advisory Committee shall advise a local 
government in the development and implementation of its integrated 
assistance plan, including with respect to--
            (1) conducting public hearings;
            (2) representing the interest of low income individuals and 
        families; and
            (3) reviewing and commenting on all community policies, 
        programs, and actions under the plan which affect low income 
        individuals and families, with the purpose of assuring maximum 
        coordination and responsiveness of the plan in providing 
        benefits under the plan to those individuals and families.
    (c) Membership.--The membership of a Community Advisory Committee 
shall--
            (1) consist of--
                    (A) low income individuals, who shall--
                            (i) comprise at least one-third of the 
                        membership, and
                            (ii) include minority individuals who are 
                        participants or who qualify to participate in 
                        eligible Federal assistance programs;
                    (B) representatives of low income individuals and 
                families;
                    (C) persons with leadership experience in the 
                private and voluntary sectors;
                    (D) local elected officials; and
                    (E) the general public; and
            (2) include individuals and representatives of community 
        organizations who will help to enhance the leadership role of 
        the local government in developing an integrated assistance 
        plan.
    (d) Opportunity for Review and Comment by Committee.--Before 
submitting an application for approval of a final proposed integrated 
assistance plan, a local government shall submit the final proposed 
plan for review and comment by a Community Advisory Committee 
established by the local government.

SEC. 8. TECHNICAL AND OTHER ASSISTANCE.

    (a) Technical Assistance.--
            (1) In general.--The Interagency Review Council may 
        provide, or direct that the head of a Federal agency provide, 
        technical assistance to a local government in developing 
        information necessary for the design or implementation of an 
        integrated assistance plan.
            (2) Request and assurances.--Assistance may be provided 
        under this subsection only upon receipt of a request from a 
        local government that includes, in accordance with requirements 
        established by the Interagency Review Council--
                    (A) a description of the nature of the integrated 
                assistance plan the local government proposes to 
                develop;
                    (B) the groups of individuals to whom benefits will 
                be provided under covered Federal assistance programs 
                included in the plan; and
                    (C) such assurances as the Interagency Review 
                Council may require that--
                            (i) in the development of the application 
                        to be submitted under this Act for approval of 
                        the plan, the local government will provide 
                        adequate opportunities to participate to--
                                    (I) low income individuals and 
                                families that will receive benefits 
                                under covered Federal assistance 
                                programs included in the plan; and
                                    (II) governmental agencies that 
                                administer those programs; and
                            (ii) the plan will be developed only after 
                        considering fully--
                                    (I) needs expressed by those 
                                individuals and families;
                                    (II) community priorities; and
                                    (III) available governmental 
                                resources in the geographic area to 
                                which the plan will apply.
    (b) Details to Council.--At the request of the Chairman of the 
Interagency Review Council and with the approval of the Secretary of a 
department, staff of the department may be detailed to the Interagency 
Review Council on a nonreimbursable basis.

SEC. 9. INTERAGENCY REVIEW COUNCIL.

    (a) Composition.--There is established the Interagency Review 
Council, which shall be comprised of--
            (1) the Secretary of Agriculture;
            (2) the Attorney General of the United States;
            (3) the Secretary of Education;
            (4) the Secretary of Health and Human Services;
            (5) the Secretary of Housing and Urban Development;
            (6) the Secretary of Labor;
            (7) the Secretary of the Interior;
            (8) the Secretary of Commerce;
            (9) the Secretary of Transportation;
            (10) the Administrator of the Environmental Protection 
        Agency; and
            (11) an individual appointed by the President, who shall 
        serve as Chairperson of the Interagency Review Council.
    (b) Functions.--The Interagency Review Council shall--
            (1) receive, review, and approve or disapprove integrated 
        assistance plans for which approval is applied under this Act;
            (2) upon request from an applicant for such approval, 
        direct the head of an agency which administers a covered 
        Federal assistance program under which the preponderance of 
        Federal assistance would be provided under the plan to provide 
        technical assistance to the applicant;
            (3) monitor the progress of development and implementation 
        of integrated assistance plans;
            (4) perform such other functions as are assigned to the 
        Interagency Review Council by this Act; and
            (5) issue regulations to implement this Act within 180 days 
        after the date of its enactment.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Approved integrated assistance plan.--The term 
        ``approved integrated assistance plan'' means an integrated 
        assistance plan, or any part of such a plan, that is approved 
        by the Interagency Review Council under section 5.
            (2) Community advisory committee.--The term ``Community 
        Advisory Committee'' means such a council established by a 
        local government in accordance with section 7.
            (3) Covered federal assistance program.--The term ``covered 
        Federal assistance program'' means an eligible Federal 
        assistance program that is included in an integrated assistance 
        plan of a local government.
            (4) Eligible federal assistance program.--The term 
        ``eligible Federal assistance program''--
                    (A) means any Federal program under which 
                assistance is available, directly or indirectly, to a 
                local government or a qualified organization to carry 
                out a program for--
                            (i) education,
                            (ii) employment training,
                            (iii) health,
                            (iv) housing,
                            (v) nutrition, or
                            (vi) other social services; and
                    (B) does not include any Federal program under 
                which assistance is provided by the Federal Government 
                directly to a beneficiary of that assistance.
            (5) Eligible local government.--The term ``eligible local 
        government'' means a local government that is eligible to 
        receive assistance under 1 or more covered Federal programs.
            (6) Interagency review council.--The term ``Interagency 
        Review Council'' means such council established under section 
        9.
            (7) Integrated assistance plan.--The term ``integrated 
        assistance plan'' means a comprehensive plan for the 
        integration and administration by a local government of 
        assistance provided by the Federal Government under 2 or more 
        eligible Federal assistance programs.
            (8) Local government.--The term ``local government'' means 
        any subdivision of a State that is a unit of general local 
        government (as that term is defined in section 6501 of title 
        31, United States Code);
            (9) Low income.--The term ``low income'' means having an 
        income that is not greater than 200 percent of the Federal 
        poverty income level.
            (10) Priority funding.--The term ``priority funding'' means 
        giving higher priority (including by the assignment of extra 
        points, if applicable) to applications for Federal assistance 
        submitted by a local government having an approved integrated 
        assistance program, by a person located in the jurisdiction of 
        such a government, or by a qualified organization eligible for 
        assistance under a covered Federal assistance program included 
        in such a plan.
            (11) Qualified organization.--The term ``qualified 
        organization'' means any private, not-for-profit organization 
        that is exempt from taxation under section 501(c)(3) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
            (12) State.--The term ``State'' means the 50 States, the 
        District of Columbia, Puerto Rico, American Samoa, Guam, and 
        the Virgin Islands.

SEC. 11. TERMINATION AND REPEAL; REPORT.

    (a) Termination and Repeal.--This Act shall not be effective after, 
and is repealed on, the date that is 5 years after the date of its 
enactment.
    (b) Report.--The Comptroller General of the United States shall 
submit to the Congress, by no later than 4 years after the date of the 
enactment of this Act, a report that--
            (1) describes the extent to which local governments have 
        established and implemented approved integrated assistance 
        plans,
            (2) evaluates the effectiveness of covered Federal 
        assistance programs included in approved integrated assistance 
        plans, and
            (3) includes recommendations with respect to continuing 
        integrated assistance.

                                 <all>

HR 2856 IH----2