I
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 fund-
ing, by authorizing a demonstration program that en-
ables local governments and private, not-for-profit orga-
nizations to use amounts available under certain Federal
assistance programs in accordance with approved inte-
grated assistance plans.
Be it enacted by the Senate and House of Representa-
tives 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 pro-
grams 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-in-
come citizens and the operating practices of recipi-
ents, 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 ACCORD-
ANCE WITH APPROVED INTEGRATED ASSIST-
ANCE PLAN.
(a) PAYMENTS TO LOCAL GOVERNMENTS.—Notwith-
standing any other provision of law, amounts available to
a local government or a qualified organization under a cov-
ered 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 cov-
ered 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 AS-
SISTANCE 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 assist-
ance 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
(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 per-
formance 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 de-
veloping both long- and short-range plans for bene-
fits provided under the plan and in deciding other
matters, including—
(A) the scope of services necessary and de-
sired 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
PRO-
GRAMS.—The eligible Federal assistance programs
to be included in the plan as covered Federal assist-
ance programs and the specific benefits that will be
provided under the plan pursuant to those programs,
including criteria for determining eligibility for bene-
fits under the plan, the services available, the
amounts and form (such as cash, in-kind contribu-
tions, or financial instruments) of non-service bene-
fits, and any other descriptive information the Inter-
agency Review Council considers necessary to ap-
prove the plan.
(6) 
FEDERAL
REQUIREMENTS
TO
BE
WAIVED.—Any Federal statutory or regulatory re-
quirement applicable under a covered Federal assist-
ance 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 de-
scription 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 infor-
mation 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 accord-
ance 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 in-
tegrated assistance plan included in the applica-
tion; and
(B) submit the application and comments
to the Interagency Review Council.
SEC. 5. REVIEW AND APPROVAL OF INTEGRATED ASSIST-
ANCE 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 ap-
proval 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, in-
clude a written justification of the reasons for dis-
approval 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 effec-
tiveness and efficiency of providing benefits
under covered Federal programs included in the
plan by reducing administrative rigidity, dupli-
cation, and unnecessary expenditures;
(B) the applicant local government has
adequately considered, and the plan or part ap-
propriately addresses, any effect that adminis-
tration 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 evalua-
tion processes that are adequate for implement-
ing 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 ap-
proval 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 bene-
fits under covered Federal assistance programs
included in the plan or part will continue to re-
ceive 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 re-
sult in any increase in the total amount of obli-
gations or outlays of discretionary appropria-
tions 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 ap-
plies 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
RE-
QUIRED.—The Interagency Review Council shall dis-
approve 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 Inter-
agency Review Council shall specify the period dur-
ing which the part is effective. An approved inte-
grated 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 assist-
(B) the total amount of Federal funds that
will be provided as benefits under or used to ad-
minister covered Federal assistance programs
included in those parts, or a mechanism for de-
termining 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 REQUIRE-
MENTS.—The Interagency Review Council may not, as a
condition of approval of any part of an integrated assist-
ance 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 AS-
SISTANCE 
PLANS; 
WAIVER 
OF 
REQUIRE-
MENTS.
(a) PAYMENTS AND ADMINISTRATION IN ACCORD-
ANCE WITH PLAN.—Notwithstanding any other law, any
benefit which is provided under a covered Federal assist-
ance program included in an approved integrated assist-
ance 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 require-
ment applicable under Federal law to the adminis-
tration of, or provision of benefits under, any cov-
ered Federal assistance program included in an ap-
proved integrated assistance plan, if that waiver is—
(A) reasonably necessary for the implemen-
tation of the plan; and
(B) approved by a majority of members of
the Interagency Review Council.
(2) FINDING REQUIRED.—The Interagency Re-
view 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 re-
quirement—
(A) that is established by statute or regu-
lation 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 Amend-
ments 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 as-
sistance plan, including expedited processing, priority
funding, and technical assistance.
(d) EVALUATION AND TERMINATION.—
(1) IN GENERAL.—A local government, in ac-
cordance with regulations issued by the Interagency
Review Council, shall—
(A) submit such reports on and cooperate
in such audits of the implementation of its ap-
proved integrated assistance program; and
(B) periodically evaluate the effect imple-
mentation of the plan has had on—
(i) individuals who receive benefits
under the plan;
(ii) communities where those individ-
uals 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 Re-
view Council a report on the principal activities and
achievements under the plan during the period cov-
ered 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 Re-
view Council, after consultation with the head
of each Federal agency responsible for admin-
istering 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 effective-
ness of an approved integrated assistance plan
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 ap-
plies 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 indi-
viduals and families; and
(3) reviewing and commenting on all commu-
nity 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 partici-
pate in eligible Federal assistance pro-
grams;
(B) representatives of low income individ-
uals 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 devel-
oping an integrated assistance plan.
(d) OPPORTUNITY FOR REVIEW AND COMMENT BY
COMMITTEE.—Before submitting an application for ap-
proval 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 nec-
essary for the design or implementation of an inte-
grated assistance plan.
(2) REQUEST
AND
ASSURANCES.—Assistance
may be provided under this subsection only upon re-
ceipt of a request from a local government that in-
cludes, in accordance with requirements established
by the Interagency Review Council—
(A) a description of the nature of the inte-
grated assistance plan the local government
proposes to develop;
(B) the groups of individuals to whom ben-
efits will be provided under covered Federal as-
sistance programs included in the plan; and
(C) such assurances as the Interagency
Review Council may require that—
(i) in the development of the applica-
tion to be submitted under this Act for ap-
proval of the plan, the local government
will provide adequate opportunities to par-
ticipate to—
(I) low income individuals and
families that will receive benefits
under covered Federal assistance pro-
grams 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 indi-
viduals and families;
(II) community priorities; and
(III) available governmental re-
sources 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 Inter-
agency 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 Serv-
ices;
(5) the Secretary of Housing and Urban Devel-
opment;
(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 ap-
plied under this Act;
(2) upon request from an applicant for such ap-
proval, direct the head of an agency which admin-
isters a covered Federal assistance program under
which the preponderance of Federal assistance would
be provided under the plan to provide technical as-
sistance to the applicant;
(3) monitor the progress of development and
implementation of integrated assistance plans;
(4) perform such other functions as are as-
signed 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 Inter-
agency Review Council under section 5.
(2) COMMUNITY
ADVISORY
COMMITTEE.—The
term ‘‘Community Advisory Committee’’ means such
a council established by a local government in ac-
cordance with section 7.
(3) COVERED
FEDERAL
ASSISTANCE
PRO-
GRAM.—The term ‘‘covered Federal assistance pro-
gram’’ means an eligible Federal assistance program
that is included in an integrated assistance plan of
a local government.
(4) ELIGIBLE
FEDERAL
ASSISTANCE
PRO-
GRAM.—The term ‘‘eligible Federal assistance pro-
gram’’—
(A) means any Federal program under
which assistance is available, directly or indi-
rectly, to a local government or a qualified or-
ganization 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 Fed-
eral Government directly to a beneficiary of
that assistance.
(5) ELIGIBLE LOCAL GOVERNMENT.—The term
‘‘eligible local government’’ means a local govern-
ment 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 Fed-
eral 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 ap-
plications for Federal assistance submitted by a local
government having an approved integrated assist-
ance program, by a person located in the jurisdiction
of such a government, or by a qualified organization
eligible for assistance under a covered Federal as-
sistance 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, Amer-
ican 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 Unit-
ed 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 govern-
ments have established and implemented approved
integrated assistance plans,
(2) evaluates the effectiveness of covered Fed-
eral assistance programs included in approved inte-
grated assistance plans, and
(3) includes recommendations with respect to
continuing integrated assistance.
Æ
HR 2856 IH——2