CSBG IM #110 Recovery Act - Tribes
Transmittal No. 110 Date: April 9, 2009
TO: Indian Tribes and Tribal Organizations
SUBJECT: Application for Fiscal Year (FY) 2009 CSBG Appropriation of American Recovery and Reinvestment Act (Recovery Act) Funds
PURPOSE: To provide guidance on application procedures, spending, and reporting requirements for 2009 CSBG Recovery Act Funds
RELATED
REFERENCES: Community Services Block Grant Act; OMB Circular A-122; OMB Circular A-133; OMB M-09-10, Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009.
This Information Memorandum (IM) is intended to clarify various aspects of the Recovery Act regarding Community Services Block Grant (CSBG) services, use of funds, and reporting requirements. This information is based on current guidance from the Executive Office of the President and the Office of Management and Budget (OMB) and will be updated as necessary.
Background
On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act (Recovery Act) of 2009. This legislation authorized “…supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization….” [Public Law 111-5] The Recovery Act provides for $1 billion in additional funds to the Community Services Block Grant program for Fiscal Year (FY) 2009. Indian Tribes and Tribal organizations have until September 30, 2010, to expend the additional funds.
The specific language from the Recovery Act related to Community Services Block Grant
states:
$1,000,000,000 for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, of which no part shall be subject to section 674(b)(3) of such Act: Provided, That notwithstanding section 675C(a)(1) and 675C(b) of such Act, 1 percent of the funds made available to each State from this additional amount shall be used for benefits enrollment coordination activities relating to the identification and enrollment of eligible individuals and families in Federal, State, and local benefit programs: Provided further, That all funds remaining available to a State from this additional amount after application of the previous proviso shall be distributed to eligible entities as defined in section 673(1) of such Act: Provided further, That for services furnished under such Act during fiscal years 2009 and 2010, States may apply the last sentence of section 673(2) of such Act by substituting "200 percent" for "125 percent."
Indian Tribes and Tribal organizations that currently receive direct CSBG funding from OCS pursuant to Section 677 of the CSBG Act and 45 CFR Part 96, Subpart D, are eligible for Recovery Act funds. Tribes and Tribal Organizations receiving additional funds under the Recovery Act are encouraged to focus their efforts on creating sustainable economic resources in communities. Tribes and Tribal organizations should work to: 1) provide a wide range of innovative employment-related services and activities tailored to the specific needs of their community; 2) use funds in a manner that meets the short-term and long-term economic and employment needs of individuals, families and communities; and 3) make meaningful and measurable progress toward the reform goals of the Recovery Act with special attention to creating and sustaining economic growth and employment opportunities.
Under the CSBG program, Tribes and Tribal organizations use funds to provide services and activities addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health to combat the central causes of poverty. Such services continue to be supportable under the CSBG Recovery Act funds.
Application Procedures
Indian Tribes and Tribal organizations that receive CSBG Recovery Act Funds are required to submit to Office of Community Services (OCS) a Plan for Recovery Act (ARRA) funds by
May 29, 2009. This requirement is in accordance with Section 676(e) of the CSBG Act which requires submission of revised plans to the Secretary. Indian Tribes and Tribal organizations that directly applied for and received 2009 regular annual CSBG allotments should submit the Plan for Recovery Act funds.
The U.S. Department of Health and Human Services (HHS) will make funds immediately available to eligible Tribes and Tribal organizations, with the caveat that those that fail to submit timely plans for Recovery Act funds may have funding placed on hold.
Distribution of Funds
Indian Tribes and Tribal organizations will receive CSBG Recovery Act funds, as a separate allotment, under the same formula used for grants allocated under the regular annual CSBG appropriations. Indian Tribes and Tribal organizations that applied for and received funding in FFY 2009 will receive a proportion of the $985 million in CSBG Recovery Act funds.
Use of Funds
Recovery Act funds may be used “…for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act …” which includes the CSBG program assurances as stated in Section 676(b) of the CSBG Act. Indian Tribes and Tribal organizations are to ensure that the use of CSBG Recovery funds is consistent with all applicable laws and procedures, including the Indian Tribe and Tribal organization’s provisions for obligations and expenditures under its policies, and in accordance with applicable Federal regulations. [45 CFR 96.30(a) and 45 CFR 96.42(a)]
Under the regular CSBG program, eligible entities use funds to provide services and activities addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health to combat the central causes of poverty. Such services continue to be supportable under the CSBG Recovery Act fund. In recognition of the intent of Recovery Act funds, Tribes and Tribal organizations are encouraged to support employment-related services and activities that create and sustain economic growth, and in a manner that best addresses the needs of the Tribe or Tribal organization’s individuals, families and communities.
Income Eligibility Requirements
The Recovery Act allows recipient organizations the ability to increase individual eligibility for services furnished by the program during fiscal years 2009 and 2010 up to 200 percent of the official poverty guidelines as set by the U.S. Department of Health and Human Services. Current poverty guidelines can be accessed online.
This eligibility adjustment reflects an increase from 125 percent of poverty as provided in Section 673(2) of the CSBG Act, and applies to CSBG services furnished by Tribes and Tribal organizations during FY 2009 and 2010, including those provided pursuant to other CSBG appropriations.
Reporting Requirements
There are supplemental reporting requirements for all Recovery Act funds. HHS is working to clarify and streamline the Recovery Act reporting needs, and OCS will issue specific guidance on these requirements, including necessary adaptations to current data collection efforts, to Tribes and Tribal organizations, when available.
“Not later than 10 days after the end or each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains—
- the total amount of recovery funds received from that agency;
- the amount of recovery funds received that were expended or obligated to projects or activities; and
- a detailed list of all projects or activities for which recovery funds were expended or obligated, including--
- the name of the project or activity;
- a description of the project or activity;
- an evaluation of the completion status of the project or activity;
- an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
- for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-262), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.”
The reporting requirements under the Recovery Act do not modify the requirements of Section 676(b)(12)of the CSBG Act, which states:
“…the State and all eligible entities in the State will…participate in the Results-Oriented Management and Accountability (ROMA), another performance measure system…, or an alternative system for measuring performance and results that meets the requirements…” [Section 676(b)(12) of the CSBG Act]
Recipients of CSBG funds must continue to fulfill all reporting requirements in the CSBG Act in addition to those required by the Recovery Act.
As part of the efforts to ensure transparency and accountability, the ARRA requires Federal agencies and grantees to track and report separately on expenditures from funds made available by the stimulus bill.
Obligating and Expending Funds
If using an accrual accounting system, services must be provided on or before September 30, 2010, and liquidated on or before December 29, 2010. A final report is due on or before December 29, 2010. If using a cash accounting system, services must be provided on or before September 30, 2010 and final report is due on or before December 29, 2010.
Unobligated or unexpended Recovery Funds must be reported on the Federal Financial Status Report form, SF-269. In addition to completing the SF-269, States, Territories and Indian Tribes and Tribal Organizations must return the remaining balance of these funds to the U. S. Department of Health and Human Services, Division of Payment Management (DPM), at the end of the grant period. According to 45 CFR 92.50(d)(2), “The grantee must immediately return to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants.”
Fiscal Accountability
Additional accountability measures for CSBG Recovery Act funds will be outlined in the terms and conditions of the grant award. Existing accountability measures remain applicable and include compliance with OMB Circular A-133, the Single Audit Act of 1984 and compliance with CSBG regulations. This information will be transmitted to the Indian Tribe or Tribal organization with the issuance of the grant awards.
Cost Principles of allowable and unallowable expenditures for Indian Tribes or Tribal Organization are provided in the OMB Circular A-87, A-110 and A-122. [Section 678D(a)(1)(B) of the CSBG Act]
Any Indian Tribe or Tribal organization that expends $500,000 or more (during the fiscal year) in all types of Federal financial assistance must conduct an audit in accordance with the Single Audit Act, P.L. 98-502 (31 U.S.C. 75 and OMB Circular A-133 Subpart B). [Section 678D(a)(2)(B) of the CSBG Act]
Indian Tribes and Tribal organizations are expected to establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the Tribe or Tribal Organization under this subtitle, including procedures for monitoring the funds provided under this program. [Section 678D(a)(1)(A) of the CSBG Act]
Indian Tribes or Tribal organizations may also refer to 45 CFR Part 96 Subpart C — Financial Management for other Fiscal and administrative requirements.
Inquiries
Questions pertaining to the draw down of CSBG Recovery Funds should be directed to:
HHS Division of Payment Management
P.O. Box 6021
Rockville, MD 20852
Telephone: (877) 614-5533
Questions regarding the fiscal reporting on CSBG Recovery Funds, and the SF 269, should be directed to:
Ms. Lydia Peele
Office of Mandatory Grants
Administration for Children and Families
U.S. Department of Health and Human Services
370 L’Enfant Promenade, S.W., 6th Floor East
Washington, D.C. 20447
Telephone: (202) 401-6493
Email: lydia.peele@acf.hhs.gov
Program-related questions regarding CSBG Recovery Funds should be directed to:
Ms. Brandy RayNor-Hill
Division of State Assistance
Office of Community Services
Administration for Children and Families
U.S. Department of Health and Human Services
370 L’Enfant Promenade, S.W., 5th Floor West
Washington, D.C. 20447
Telephone: (202) 205-5926
Email: braynor@acf.hhs.gov
Amended Applications should be mailed to:
U.S. Department of Health and Human Services
Administration for Children and Families
Office of Community Services
Division of State Assistance
Attention: Community Services Block Grant Program
370 L'Enfant Promenade S.W., 5th Floor West
Washington, D.C. 20447
Please send an original and one copy of the Indian Tribe or Tribal organization’s amended FY 2009 CSBG application. Current program and fiscal staff contact information should be included with the Tribal application. If you need additional information, contact your assigned Office of Community Services’ CSBG Program Services - Regional Contacts (Attachment). This contact information is also available on the CSBG program website.
Yolanda J. Butler, Ph.D.
Acting Director
Office of Community Services
Attachment:
- CSBG Program Services — Regional Contacts
Division of State Assistance
CSBG Program Services — Regional Contacts
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Region I — BOSTON Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont |
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Region II - NEW YORK New Jersey, New York, Puerto Rico, and the Virgin Islands |
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Region III - PHILADELPHIA Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia |
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Region IV — ATLANTA Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee |
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Region V — CHICAGO Illinois, Indiana, Michigan (Maria Rogers) Minnesota, Ohio, and Wisconsin (Toya Joyner) |
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Region VI — DALLAS Arkansas, Louisiana, New Mexico, Oklahoma, and Texas |
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Region VII - KANSAS CITY Iowa, Kansas, Missouri, and Nebraska |
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Region VIII — DENVER Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming |
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Region IX - SAN FRANCISCO Arizona, California, Hawaii, Nevada, American Samoa,Northern Mariana Islands and Guam. |
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Region X — SEATTLE Alaska, Idaho, Oregon, and Washington Email: Maria.Rogers@acf.hhs.gov |
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Seth Hassett, Director |
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Mailing Address: |
CSBG State Assessment Services
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Program Specialist: Isaac Davis |
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Financial Management Specialist: Michael Pope |
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Auditor: Emmanuel Djokou* |
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Auditor: Renee Michelle Harris* |
SSBG Program Services
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Program Specialist: Marsha Werner |
DSA Discretionary Services
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Grants Administration Specialist: Danielle Williams* |
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Grants Program Assistant: Jane Golden NOTE: For questions regarding programmatic activities of the project, including programmatic guidelines, requests for technical assistance or training, and project performance, please contact your assigned Program Specialist as listed above under CSBG Program Services - Regional Contacts. |
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* Contractor |