| (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
of age.
(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
a Contract.
(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
and weatherization.
(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;
and
(B) For CEAP and WAP, a person who is 60 years of age
or older.
(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
governance.
(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
be appropriate.
(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
regulation.
(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
woman.
(28) Federal Poverty Income Guidelines--The official
poverty income guidelines as issued by HHS annually.
Cont'd... |
