|(a) To ensure a clear understanding of the terminology
used in the context of the CSBG, LIHEAP, and DOE-WAP programs of the
Community Affairs Division, a list of terms and definitions has been
compiled as a reference. Any capitalized terms not specifically defined
in this section or any section referenced in this chapter shall have
the meaning as defined in Chapter 2306 of the Tex. Gov't Code, Chapter
1 of this title (relating to Administration), Chapter 2 of this title
(relating to Enforcement), or applicable federal regulations.
(b) The words and terms in this chapter shall have
the meanings described in this subsection unless the context clearly
indicates otherwise. Refer to Subchapters B, C, and D of this chapter
for program specific definitions.
(1) Affiliate--An entity related to an Applicant that
controls by contract or by operation of law the Applicant or has the
power to control the Applicant or a third entity that controls, or
has the power to control both the Applicant and the entity. Examples
include but are not limited to entities submitting under a common
application, or instrumentalities of a unit of government. This term
also includes any entity that is required to be reported as a component
entity under Generally Accepted Accounting Standards, is required
to be part of the same Single Audit as the Applicant, is reported
on the same IRS Form 990, or is using the same federally approved
indirect cost rate.
(2) Awarded Funds--The amount of funds or proportional
share of funds committed by the Department's Board to a Subrecipient
or Service Area.
(3) Categorical Eligible/Eligibility--A method where
a Subrecipient must deem a Household to be eligible for LIHEAP or
DOE benefits if that Household includes at least one member that receives
assistance under specific federal programs as identified in this chapter
or by Contract.
(4) Child--Household member not exceeding 18 years
(5) Code of Federal Regulations (CFR)--The codification
of the general and permanent rules and regulations of the federal
government as adopted and published in the Federal Register.
(6) Community Action Agencies (CAAs)--Private Nonprofit
Organizations and Public Organizations that carry out the Community
Action Program, which was established by the 1964 Economic Opportunity
Act to fight poverty by empowering the poor in the United States.
(7) Community Services Block Grant (CSBG)--An HHS-funded
program which provides funding for CAAs and other Eligible Entities
that seek to address poverty at the community level.
(8) Comprehensive Energy Assistance Program (CEAP)--A
LIHEAP-funded program to assist low-income Households, in meeting
their immediate home energy needs.
(9) Concern--A policy, practice or procedure that has
not yet resulted in a Finding or Deficiency, but if not changed will
or may result in a Finding or Deficiency.
(10) Contract--The executed written agreement between
the Department and a Subrecipient performing an activity related to
a program that describes performance requirements and responsibilities
assigned by the document, for which the first day of the Contract
Term is the point at which program funds may be considered by a Subrecipient
for Expenditure, unless otherwise directed in writing by the Department.
(11) Contract System--A web-based data collection platform
which allows Subrecipients of Community Services programs to sign
and view Contracts and submit performance and financial reports online.
(12) Contract Term--The period of Expenditure under
(13) Contracted Funds--The gross amount of funds Obligated
by the Department to a Subrecipient as reflected in a Contract.
(14) Cost Reimbursement--A Contract sanction whereby
reimbursement of costs incurred by the Subrecipient is made only after
the Department has conducted such review as it deems appropriate,
which may be complete or limited, such as on a sampling basis, and
approved backup documentation provided by the Subrecipient to support
such costs. Such a review and approval does not serve as a final approval
and all uses of advanced funds remain subject to review in connection
with future or pending reviews, monitoring, or audits.
(15) Declaration of Income Statement (DIS)--A Department-approved
form used only when it is not possible for an applicant to obtain
third party or firsthand verification of income.
(16) Deficiency--Consistent with the CSBG Act, a Deficiency
exists when an Eligible Entity has failed to comply with the terms
of an agreement or a State plan, or to meet a State requirement. The
Department's determination of a Deficiency may be based on the Eligible
Entity's failure to provide CSBG services, or to meet appropriate
standards, goals, and other requirements established by the State,
including performance objectives, or as provided for in §2.203(b)
of this title (relating to Termination and Reduction of Funding for
CSBG Eligible Entities). A Finding, Observation, or Concern that is
not corrected, or is repeated, may become a Deficiency.
(17) Deobligate/Deobligation--The partial or full removal
of Contracted Funds from a Subrecipient. Partial Deobligation is the
removal of some portion of the full Contracted Funds from a Subrecipient,
leaving some remaining balance of Contracted Funds to be administered
by the Subrecipient. Full Deobligation is the removal of the full
amount of Contracted Funds from a Subrecipient. This definition does
not apply to CSBG non-Discretionary funds.
(18) Department of Energy (DOE)--Federal department
that provides funding for a weatherization assistance program.
(19) Department of Health and Human Services (HHS)--Federal
department that provides funding for CSBG and LIHEAP energy assistance
(20) Discretionary Funds--CSBG funds, excluding the
90% of the state's annual allocation that is designated for statewide
allocation to CSBG Eligible Entities under §6.203 of this subchapter
(relating to Formula for Distribution of CSBG Funds) and state administrative
funds, maintained by the Department, at its discretion, for CSBG allowable
uses as authorized by the CSBG Act.
(21) Dwelling Unit--A house, including a stationary
mobile home, an apartment, a group of rooms, or a single room occupied
as separate living quarters.
(22) Elderly Person--
(A) For CSBG, a person who is 55 years of age or older;
(B) For CEAP and WAP, a person who is 60 years of age
(23) Eligible Entity--Those local organizations in
existence and designated by the federal and state government to administer
programs created under the Federal Economic Opportunity Act of 1964.
This includes CAAs, limited-purpose agencies, and units of local government.
The CSBG Act defines an Eligible Entity as an organization that was
an Eligible Entity on the day before the enactment of the Coats Human
Services Reauthorization Act of 1998 (October 27, 1998), or is designated
by the Governor to serve a given area of the state and that has a
tripartite board or other mechanism specified by the state for local
(24) Emergency--defined as:
(A) A Natural Disaster;
(B) A significant home energy supply shortage or disruption;
(C) Significant increase in the cost of home energy,
as determined by the Secretary of HHS;
(D) A significant increase in home energy disconnections
reported by a utility, a state regulatory agency, or another agency
with necessary data;
(E) A significant increase in participation in a public
benefit program such as the food stamp program carried out under the
Food Stamp Act of 1977 (7 U.S.C. §§2011, et seq.), the national
program to provide supplemental security income carried out under
Title XVI of the Social Security Act (42 U.S.C. §§1381,
et seq.) or the state temporary assistance for needy families program
carried out under Part A of Title IV of the Social Security Act (42
U.S.C. §§601, et seq.), as determined by the head of the
appropriate federal agency;
(F) A significant increase in unemployment, layoffs,
or the number of Households with an individual applying for unemployment
benefits, as determined by the Secretary of Labor; or
(G) An event meeting such criteria as the Secretary
of HHS, at the discretion of the Secretary of HHS, may determine to
(25) Expenditure--Funds that have been accrued or remitted
for purposes of the award.
(26) Extended Foster Care--The Texas Department of
Family Services program as identified in 40 TAC §700.346 or successor
(27) Families with Young Children--A Household that
includes a Child age five or younger. For LIHEAP-WAP only, a Family
with Young Children also includes a Household that has a pregnant
(28) Federal Poverty Income Guidelines--The official
poverty income guidelines as issued by HHS annually.
(29) Finding--A Subrecipient's material failure to
comply with rules, regulations, the terms of the Contract or to provide
services under each program to meet appropriate standards, goals,
and other requirements established by the Department or funding source
(including performance objectives). A Finding impacts the organization's
ability to achieve the goals of the program and jeopardizes continued
operations of the Subrecipient. Findings include the identification
of an action or failure to act that results or may result in disallowed
(30) Gross Annual Income--Defined as the total amount
of non-excluded income earned annually before taxes or any deductions
for all Household members 18 years of age and older.
(31) High Energy Burden--A Household whose energy burden
exceeds 11% of their Gross Annual Income, determined by dividing a
Household's annual home energy costs by the Household's Gross Annual
(32) High Energy Consumption--A Household that is billed
more than $1000 annually for related fuel costs for heating and cooling
their Dwelling Unit.
(33) Household--An individual or group of individuals,
excluding unborn Children, who are living together as one economic
unit. For DOE WAP this includes all persons living in the Dwelling
Unit. For CSBG/LIHEAP it includes these persons customarily purchasing
residential energy in common or making undesignated payments for energy.
In CSBG/LIHEAP a live-in aide, or a Renter with a separate lease that
includes a separate bill for utilities is not considered a Household
(34) Inverse Ratio of Population Density Factor--The
number of square miles of a county divided by the number of poverty
Households of that county.
(35) Low Income Household--Defined as:
(A) For DOE WAP, a Household whose total combined annual
income is at or below 200% of the Federal Poverty Income guidelines,
or a Household who is Categorically Eligible;
(B) For CEAP and LIHEAP-WAP, a Household whose total
combined annual income is at or below 150% of the Federal Poverty
Income guidelines, or a Household who is Categorically Eligible; and
(C) For CSBG, a Household whose total combined annual
income is at or below 125% of the Federal Poverty Income guidelines.
(36) Low Income Home Energy Assistance Program (LIHEAP)--An
HHS funded program which serves Low Income Households who seek assistance
for their home energy bills and/or weatherization services.
(37) Low Income Household Water Assistance Program
(LIHWAP)--An HHS funded temporary program.
(38) Means Tested Veterans Program--A program whereby
applicants who meet certain Veterans Affairs requirements, including
but not limited to income and net worth limits set by Congress, receive
payments from the U.S. Department of Veterans Affairs.
(39) Mixed Status Household--A Household that contains
one or more members that are U.S. Citizens, U.S. Nationals, or Qualified
Aliens, and one or more members that are Unqualified Aliens.
(40) Monthly Performance and Expenditure Report--Two
separate but linked reports indicating a Subrecipient's or Eligible
Entity's performance and financial information, due to the Department
on or before the fifteenth day of each month of the Contract Term
following the reporting month. If the fifteenth falls on a weekend
or holiday, the reports must still be entered on or before the fifteenth.
The data the Department collects is subject to change based on changes
required by DOE or HHS.
(41) Obligation--Funds become obligated upon approval
of an award to Subrecipient by the Department's Governing Board, unless
the Department does not receive sufficient funding from the cognizant
(42) Observation--A notable policy, practice or procedure
observed through the course of monitoring.
(43) Office of Management and Budget (OMB)--Office
within the Executive Office of the President of the United States
that oversees the performance of federal agencies and administers
the federal budget.
(44) OMB Circulars--Instructions and information issued
by OMB to Federal agencies that set forth principles and standards
for determining costs for federal awards and establish consistency
in the management of grants for federal funds. Uniform cost principles
and administrative requirements for local governments and for nonprofit
organizations, as well as audit standards for governmental organizations
and other organizations expending federal funds are set forth in 2
CFR Part 200, unless different Cont'd...