U.S Code last checked for updates: Nov 22, 2024
§ 3056l.
Competitive requirements relating to grant awards
(a)
Program authorized
(1)
Initial approval of grant applications
(2)
Continuation of approval based on performance
(b)
Eligible applicants
(c)
Criteria
For purposes of subsection (a)(1), the Secretary shall select the eligible applicants to receive grants based on the following:
(1)
The applicant’s ability to administer a project that serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic need, individuals with greatest social need, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title.
(2)
The applicant’s ability to administer a project that provides employment for eligible individuals in the communities in which such individuals reside, or in nearby communities, that will contribute to the general welfare of the communities involved.
(3)
The applicant’s ability to administer a project that moves eligible individuals into unsubsidized employment.
(4)
The applicant’s prior performance, if any, in meeting core measures of performance under this subchapter and the applicant’s ability to address core indicators of performance under this subchapter and under other Federal or State programs in the case of an applicant that has not previously received a grant under this subchapter.
(5)
The applicant’s ability to move individuals with multiple barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title, into unsubsidized employment.
(6)
The applicant’s ability to coordinate activities with other organizations at the State and local level.
(7)
The applicant’s plan for fiscal management of the project to be administered with funds received in accordance with this section.
(8)
The applicant’s ability to administer a project that provides community service.
(9)
The applicant’s ability to minimize disruption in services for participants and in community services provided.
(10)
Any additional criteria that the Secretary considers to be appropriate in order to minimize disruption in services for participants.
(d)
Responsibility tests
(1)
In general
(2)
Review
(3)
Failure to satisfy test
(4)
Test
The responsibility tests include review of the following factors:
(A)
Unsuccessful efforts by the applicant to recover debts, after 3 demand letters have been sent, that are established by final agency action, or a failure to comply with an approved repayment plan.
(B)
Established fraud or criminal activity of a significant nature within the organization or agency involved.
(C)
Serious administrative deficiencies identified by the Secretary, such as failure to maintain a financial management system as required by Federal rules or regulations.
(D)
Willful obstruction of the audit process.
(E)
Failure to provide services to participants for a current or recent grant or to meet applicable core measures of performance or address applicable indicators of performance.
(F)
Failure to correct deficiencies brought to the grantee’s attention in writing as a result of monitoring activities, reviews, assessments, or other activities.
(G)
Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration date or receipt of the closeout package, whichever is later, unless an extension has been requested and granted.
(H)
Failure to submit required reports.
(I)
Failure to properly report and dispose of Government property as instructed by the Secretary.
(J)
Failure to have maintained effective cash management or cost controls resulting in excess cash on hand.
(K)
Failure to ensure that a subrecipient complies with its Office of Management and Budget Circular A–133 audit requirements specified at section 667.200(b) of title 20, Code of Federal Regulations.
(L)
Failure to audit a subrecipient within the required period.
(M)
Final disallowed costs in excess of 5 percent of the grant or contract award if, in the judgment of the grant officer, the disallowances are egregious.
(N)
Failure to establish a mechanism to resolve a subrecipient’s audit in a timely fashion.
(5)
Determination
(6)
Disallowed costs
(e)
Grantees serving individuals with barriers to employment
(1)
Definition
(2)
Special consideration
(f)
Minority-serving grantees
(Pub. L. 89–73, title V, § 514, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2584; amended Pub. L. 114–144, § 6(e), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116–131, title IV, § 401(a)(2), Mar. 25, 2020, 134 Stat. 266.)
cite as: 42 USC 3056l