CSBG-DCL-2022-49 Disaster Recovery and Flexibilities FY 2022

Community Services Block Grant

 Dear Colleague Letter

DCL#: CSBG-DCL-2022-49

DATE:  September 14, 2022

TO: Community Services Block Grant (CSBG) state lead agencies and CSBG-eligible entities

SUBJECT: CSBG Disaster Recovery and Flexibilities

ATTACHMENT(S): N/A

Dear Colleague,

The Office of Community Services (OCS) is committed to ongoing partnership with Community Services Block Grant (CSBG) lead agencies[1], CSBG-eligible entities, and other agencies involved in major disaster recovery efforts that are consistent with the purpose and allowable uses of CSBG funding. The following is additional guidance for CSBG flexibilities in responding to a disaster both intermediately and long-term, and how to facilitate recovery efforts from major disasters. This Dear Colleague Letter (DCL) is a supplement to CSBG-Information Memorandum (IM)-154 Disaster Flexibilities and Waivers.

With the expected increase in natural disasters due to climate change and to help assure an efficient response to community needs, OCS supports planning for and removing barriers to recover from disasters. At all levels of the CSBG Network, a critical goal is meeting the needs of all individuals and families affected by unforeseen circumstances due to a disaster, including newly displaced children and families, loss of access to fresh food, potable water, or other immediate family needs, and/or those experiencing a loss of income.

INVOLVEMENT IN IMMEDIATE RELIEF EFFORTS

CSBG-eligible entities serve a critical role in supporting individuals and families with low-incomes before and after major disasters. In response to a disaster, areas of priority support for CSBG-eligible entities may include:

• Central Point of Services — In many communities, CSBG-eligible entities serve as a central point for community-based services. They can tap into community partnerships and resources to support relief efforts and to reach people with low-income, such as people in areas of concentrated poverty, people who may lack transportation to access emergency and short-term recovery supports, and others who may not otherwise have access to immediate services. CSBG lead agencies and CSBG-eligible entities are encouraged to support families in accessing local, state, and federal relief, including exercising the inherent block grant flexibility to address emergency needs.
• Access to Facilities for Urgent Needs — CSBG-eligible entities that have operable facilities may support supervised access to those facilities, including to kitchens, rest areas, computer labs, bathrooms, laundry, and power sources for re-charging phones and other communication devices.
• Connection and Referral — Even if facilities are inoperable or compromised for immediate support services, CBSG-eligible entity program staff can support families in meeting basic needs, including nutrition, health, and mental health support, and in sharing information regarding alternative or supplementary non-government organization (NGO) providers and non-profit organizations for immediate aid.

ADMINISTRATIVE FLEXIBILITIES

Built into CSBG is administrative flexibility for efficiently and effectively meeting the immediate needs of individuals, families, and communities with low-income following a disaster.

Eligibility Determination

Section 673(2) of the CSBG Act specifies that the Federal Poverty Line shall be used as a criterion of eligibility in CSBG and that the state may revise the poverty line to not exceed 125 percent of the official poverty line.[2] While no federal waiver exists for this requirement, states have substantial discretion in defining the procedures for determining if an individual or family meets the requirements, including the timeframes for review and the necessary documentation appropriate to the services or strategies being implemented.

In a disaster, CSBG lead agencies may consider circumstances where individuals may have been made low-income by the disaster, including disaster-related unemployment, and may establish appropriate procedures based on individual and family needs. CSBG lead agencies are encouraged to review existing procedures and to establish emergency procedures to streamline the eligibility determination process following a disaster. If a displaced individual or family does not have the eligibility documentation in-hand, emergency procedures may include flexibility in accepting signed statements from the family attesting to necessary eligibility information pending availability of the necessary documents.

Funding

Although additional funding for disasters is not readily available within CSBG appropriations, additional federal funding may be provided to support CSBG-eligible entity services through disaster supplemental appropriations. Within existing allocations, CSBG funding may be used to support disaster response, if it aligns with the statutorily allowable activities.

Given CSBG’s block grant structure, CSBG lead agencies have the flexibility to adjust current programs or implement new programs to respond to disasters without obtaining prior approval from OCS. An example may be the shifting of CSBG funds to provide mortgage assistance following a disaster to support individuals and families in retaining their homes (see Information Memorandum #163: Mortgage Payment Assistance). CSBG lead agencies can implement changes to programs, and policies to help address disasters immediately. If significant policy or program changes are required, such as a major change to use of its discretionary training and technical assistance (T/TA) funds or the voluntary relinquishment of funds by eligible entities, grant recipients may submit a revised CSBG State Plan within a reasonable amount of time after implementing the policy change and should ensure an accurate saving of documentation. 

Waiver Requests

Under the CSBG Act, Section 678F (Limitation on Use of Funds) indicates that CSBG funds may not be used for the purchase or improvement of land, or purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or facility. Concurrently, Section 678F(a)(2) of the CSBG Act allows the Secretary of the Department of Health and Human Services (HHS) to waive restrictions on the use of CSBG funds for purchase or improvement of land, or the purchase, construction, or permanent improvement of property in extraordinary circumstances and if doing so will contribute to the ability of the state to carry out the purposes of the grant.

OCS will consider expediting responses to waiver requests for emergency repairs to service facilities directly impacted by a disaster and for repairs that are not covered by other federal disaster assistance or sources such as property insurance. The responsible CSBG official must submit a waiver request describing the extraordinary circumstances that justify the waiver and how the waiver will contribute to the ability to meet and carry out the purposes of CSBG in disaster circumstances. The waiver request must be signed by the CSBG Authorizing Official and addressed to the Secretary of HHS with attention to the Director of OCS.

Prior to submission of a waiver request, CSBG lead agencies should assist CSBG-eligible entities in identifying and accessing all other available sources of support. For waiver requests, grant recipients must also establish procedures for verifying that costs associated with the activities are not reimbursable through the Federal Emergency Management Agency (FEMA) disaster assistance, a contract for insurance or are not covered by self-insurance. Use of CSBG funds under this waiver creates a reversionary federal interest in the property, and requirements for a Notice of Federal Interest will be included in a waiver approval.

RESOURCE GUIDES ON EMERGENCY PREPAREDNESS AND RESPONSE

The following resources are available from federal sources to assist programs, individuals, and families in preparing for and responding to future emergencies or disasters:

• The Federal Emergency Management Agency (FEMA) hosts a webpage to help Get Assistance After a Disaster , connecting individual citizens and public groups with assistance programs to help support disaster recovery.
• The Centers for Disease Control and Prevention’s (CDC) Natural Disasters and Severe Weather webpage provides several resource guides and tip sheets related to natural disaster and severe weather preparedness and response, including information on Coping with a Disaster or Traumatic Event .
• The Department of Homeland Security (DHS) provides a series of tip sheets and checklists for Disaster Preparedness and Response , including resources for preparing and speaking with children about natural disasters. 
• The Substance Abuse and Mental Health Services Administration (SAMHSA) provides several behavioral health resources for Disaster Preparedness, Response, and Recovery . In addition, SAMHSA’s Disaster Distress Helpline , tel:1-800-985-5990, is a 24/7, 365-day-a-year, national hotline dedicated to providing immediate crisis counseling for people who are experiencing emotional distress related to any natural or human-caused disaster. This toll-free, multilingual, and confidential crisis support service is available to all residents in the United States and its territories.
• Psychological First Aid is an evidence-informed approach for assisting children, adolescents, adults, and families in the aftermath of disaster. The field manual developed by the National Child Traumatic Stress Network (NCTSN) includes handouts for parents, caregivers, as well as children from birth to 5-years-old.

In the case of a disaster, CSBG program operations staff at the Division of Community Assistance (DCA), as well as CSBG T/TA national partners, are available to grant recipients for training and technical assistance or to answer questions regarding administrative flexibility and waiver requests. If a CSBG lead agency or CSBG-eligible entity encounters barriers to responding to individuals and families with low-income, please reach out to your assigned program specialists or your CSBG-lead agency for assistance.

Thank you for your attention to these matters. OCS looks forward to continuing to provide high-quality services to OCS partners.

/s/
Charisse Johnson
Director, Division of Community Assistance
Office of Community Services

[1] “CSBG lead agencies” refer to state CSBG lead agencies, territories, and Tribes and Tribal Organizations.