AGO 1991-024.

• Case Date: July 22, 1991
• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-024. July 22, 1991Opinion No. 1991-024Honorable Jon M. AlanderDepartment of Human Resources1049 Asylum Avenue, 3rd FloorHartford, CT 06105 Dear Commissioner Alander: Upon a recommendation of the federal government,1 your agency requested a formal opinion from the Attorney General concerning two grantees which currently receive Community Service Block Grant (CSBG) funding. The opinion concerns whether the grantees are "eligible entities" as defined in 42 U.S.C. § 9902(1).2 By way of this opinion, we advise you that the two grantees, Connecticut Association for Community Action, Inc. (CAFCA) and the Association of Training Employment Professionals, Inc. (ATEP), are each eligible entities under 42 U.S.C. § 9902(1).3A. REQUIREMENTS TO BE AN ELIGIBLE ENTITYThe term "eligible entity" was first used in OBRA '81. This Act was part of the Reagan Administration's strategy to give the States more responsibility in administering certain social services and economic assistance programs.4 To be an "eligible entity" under 42 U.S.C. § 9902(1), the organization must meet at least one of six criteria.5 Two of the criteria are relevant here. The criteria (with references to codified authority in brackets added) are that the entity:

(1) Was officially designated a community action agency or a community action program under the provisions of section 210 of the Economic Opportunity Act of 1964 for fiscal year 1981 and did not lose its designation [codified at 42 U.S.C. § 2790]: or

(2) Was a limited purpose agency under Title II of the Economic Opportunity Act of 1964 for fiscal year 1981 which served the general purposes of a community action agency under Title II of the Economic Opportunity Act and did not lose its designation [codified at 42 U.S.C. § 2781 et seq.];

The two grantees meet the second of the above two criteria found in U.S.C. § 2781 et seq. and therefore the question raised is answered affirmatively. This is discussed in more detail below. In as much as eligibility is established under 42 U.S.C. § 2781 et seq., no further analysis is required. However, it is also possible to establish eligibility under 42 U.S. C. § 2790, i.e. criterion (1) above, should your agency find certain additional facts as discussed below.B. ELIGIBILITY AS A LIMITED PURPOSE AGENCY UNDER 42 U.S.C. § 2781.There are three standards within § 2781 that a designated limited purpose agency (LPA) must meet. First, the grantee must have been a limited purpose agency under Title II. Second, The grantee must have been serving the...