Office of Community Services

SSBG Questions & Answers

General Information

Question:
Are “illegal aliens” eligible for services funded by SSBG?
Answer:
As you know, the process of eligibility for SSBG services is determined by the State. However, States are to ensure that their eligibility criteria are in compliance with Federal requirements for the SSBG program and that services are provided only to qualified immigrants.

First some background information to put the question of eligibility for SSBG services in context. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, was signed into law by the President on August 22, 1996. PRWORA, popularly known as the welfare reform law, established the Temporary Assistance to Needy Families (TANF) program to replace the Aid to Families with Dependence Children (AFDC) program. PRWORA restricts the access of certain categories of immigrants to specified Federal public benefits, including some benefits administered by the U. S. Department of Health and Human Services (HHS). HHS published general guidance on what constitutes a "Federal public benefit," and applicable programs for which the restrictions apply on August 26, 1997 (62 FR 45256) and August 4, 1998 (63 FR 41658).

HHS identified SSBG as one of the programs where these restrictions apply. As such, even though States set their eligibility requirements for SSBG-funded services, they are to ensure that Federal provisions related to verification of qualified immigrant status in providing services are in full compliance. States may review the U.S. Department of Justice's (DoJ) proposed rule issued on August 5, 1998 (63 FR 41662), in conjunction with the Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 published on November 17, 1997 (62 FR 61344) by DOJ and the HHS guidance referenced. You can view the relevant interim regulations at http://www.gpoaccess.gov

Question:
What costs should be included on line 31 “Administrative Costs” on the SSBG post-expenditure report form?
Answer:
States may use the SSBG for administrative costs including planning and evaluation, personnel training and retraining directly related to the provision of services, licensing activities, and the overhead costs of providing services as authorized under Title XX of the Social Security Act, as amended and codified at Section 2002 (a)(2)(B)[42 U.S.C.1397a]. States may pay for these administrative functions entirely with the SSBG. Some States include administrative costs within the expenditures reported for particular service categories.

Supplemental Emergency Funds

I. TIME LIMIT

Question:
What is the time period to expend these relief funds?
Answer:
On May 25, 2007, the deadline for expenditure of SSBG Supplemental hurricane funds was extended to September 30, 2009 by the enactment of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, Title IV-Additional Hurricane Disaster Relief and Recovery, Chapter 7, Public Law 110-28.

II. ALLOWABLE COSTS

Question:
What services can the supplemental SSBG funds cover?
Answer:
States may use the supplemental SSBG funds for the usual array of human services. In addition, the funds may be used to help meet the health care and mental health needs of people affected by the hurricanes. The funds may also be used to restore and resume operations of health care providers and centers through repairs or reconstruction. Examples of eligible institutions include: community health centers, rural hospitals and clinics, community mental health centers, public hospitals and other providers with substantial percentages of uninsured patients.

Question:
Can States use the supplemental funds for expenses incurred due to the Gulf of Mexico Hurricanes starting from October 1, 2005?
Answer:
Yes, the time period is the same as that for FY 2006 SSBG State Allotments, which began October 1, 2005. The Notice of Grant Award (which all States received) related to the SSBG Supplemental Funds (as well as the regular block grant) states the "award is available for expenditures made in accordance with the State’s plan under title XX of the Social Security Act, as amended,“and States were to submit plans outlining the use of funds for this timeframe. Supplemental funds were made available in February 2006. Federal SSBG regulations allow at 45 CFR Subtitle A, 96.14(a) that –“Amounts unobligated by the State at the end of the fiscal year in which they were first allotted shall remain available for obligation during the succeeding fiscal year...” Although Section 2002 of title XX of the Social Security Act [42U.S.C.1397a(c)] requires States to expend SSBG funds within the same fiscal year, or the succeeding fiscal year, the passage of the H.R. 2206/Public Law 110-28 has extended the deadline for expending SSBG supplemental funds to September 30, 2009.

Question:
Does all of SSBG supplemental funding have to be spent on hurricane victims?
Answer:
Yes, the statute states that these funds are for necessary expenses related to the consequences of the 2005 hurricanes affecting the Gulf of Mexico and may be used to help meet the needs of people affected by these hurricanes according to the States’ criteria and eligibility.

Question:
Can replacement of vans and equipment at nonprofits be funded with SSBG Supplemental Emergency Funds?
Answer:
Yes, these funds are for necessary expenses related to the consequences of the hurricanes. Funds may be used to help meet the needs of people affected by these hurricanes in order to access services, or obtain medical care or employment.

Question:
Can the cost of medications or durable medical equipment for an individual be covered by SSBG Supplemental Emergency Funds?
Answer:
Yes, these funds are intended to be available to help meet the health care needs of people affected by the hurricanes.

Question:
Can home repairs, repairs to septic systems and water lines, purchase of appliances and furniture, bedding, and debris removal be covered by SSBG Supplemental Emergency Funds?
Answer:
If the state determines payments for home repairs, repairs to septic systems and water lines, purchase of appliances and furniture, bedding, and debris removal are integral but subordinate to the services to help meet the health care needs of people affected by the hurricane, these repairs would be covered.

Question:
Can the SSBG Supplemental Emergency Funds be used by States for short-term rent and replacement of furniture and personal items?
Answer:
Yes, short-term rent and personal items may be paid if these activities are integral but subordinate to the services. For example, Protective Services for Adults or Children might require such activities as the provision of adequate food, clothing or shelter, or other necessary financial resources or even arranging and providing for improved living arrangements.

Question:
Can SSBG Supplemental funds be used to reimburse the State for expenditures incurred to transport and provide emergency supplies needed by evacuees in the Gulf Coast region resulting from the hurricanes?
Answer:
Yes, if the State determines that transporting and providing emergency supplies to individuals affected by the 2005 Gulf Coast Hurricanes is an acceptable use of funds as interpreted under guidance issued by the U.S. Department of Health and Human Services. SSBG Supplemental funds can be used for necessary expenses related to the consequences of the hurricanes. Funds may be used to help meet the needs of people affected by these hurricanes according to the State’s criteria and eligibility. States may use the SSBG Supplemental funds for the usual array of social services. In addition the funds may be used to help meet the health care and mental health needs of people affected by the hurricanes.

Question:
Can SSBG Supplemental funds be used to help victims relocate from one State to another State that is not their original State of origin?
Answer:
Yes, SSBG Supplemental funds can be used for the moving costs of relocating victims of Gulf Coast hurricanes. The law authorizing SSBG Supplemental funds, the Department of Defense Appropriations Act, Public Law 109-148, states, in part, that funds may be used for “necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005.” The Act also states that “in addition to other uses permitted by Title XX of the Social Security Act, funds appropriated… may be used for health services (including mental health services) and for repair, renovation and construction of health facilities…” The costs of relocating hurricane victims can be categorized as Housing Services. The Uniform Definitions of Services established in Federal Regulations for the Social Services Block Grant program at 45 CFR Subtitle A, 96.14(a) defines Housing Services as “services or activities designed to assist individuals or families in locating, obtaining, or retaining suitable housing.” These activities include “making moving arrangements.” As such, SSBG funds could be used to pay for costs to relocate hurricane victims as described.

Question:
Can the SSBG Supplemental funds be used to cover relocation expense for victims to return to Louisiana?
Answer:
Yes, SSBG Supplemental funds can be used for the moving costs of relocating victims of Gulf Coast hurricanes. As prescribed in the law authorizing SSBG Supplemental funds, monies may be used for “necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005” and may include uses permitted by Title XX of the Social Security Act. Housing Services, as defined in Federal Regulations governing the SSBG program, includes a provision to cover moving expenses. As such, SSBG funds could be used to pay for costs to relocate hurricane victims as described.

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Question:
Can the funds be used for future preparation for the next disaster? An example would be the use of Mobile Command Centers to house workers (i.e. social workers, case managers) to maintain services on a day to day basis.
Answer:
No, these funds were not allocated for future preparation for disasters. Additional SSBG funds were appropriated in the Defense Appropriations Act of 2006 (Public Law 109-148) for meeting the social services and health-care related needs of communities affected by the consequences of the hurricanes of 2005. These funds were not allocated for future preparation for disasters. Therefore funds shall not be used for this purpose.

III. CONSTRUCTION ACTIVITIES/NFI

Question:
Is prior Federal approval required to use SSBG Supplemental Emergency funds for construction or renovation of health care facilities?
Answer:
No, prior approval is not required for the State to use SSBG Supplemental Emergency funds for repair, renovation or construction of health facilities, including mental health facilities. Appropriation language included in the Department of Defense Appropriations Act (Public Law 109-148) allows the use of the supplemental funds for these purposes.

Question:
How do you calculate the dollar threshold in repairs to a property that triggers the requirement for a Notice of Federal Interest (NFI)?
Answer:
When undertaking renovations that cost more than the lesser of $150,000 or 25 percent of the approved project budget of total repairs to the property, the property owner must file an NFI. Renovation costs that fall below this threshold are not covered by the requirement. However, all real property purchases and new construction are covered regardless of dollar level.

Question:
Can SSBG Supplemental funds help with repairs to a school district?
Answer:
Unfortunately, SSBG Supplemental funds are not designated explicitly for repairs to school facilities. The law authorizing SSBG Supplemental funds, the Department of Defense Appropriations Act, Public Law 109-148, states, in part, that funds may be used for “…necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005.” The Act also states that, “…in addition to other uses permitted by title XX of the Social Security Act, funds appropriated… may be used for health services (including mental health services) and for repair, renovation and construction of health facilities (including mental health facilities).…” School district facilities repair, renovation and construction are not identified as an allowable use under this authority.

A State may request a construction waiver from the Office of Community Services under the authority at Section 2005 of Title XX of the Social Security Act to use funds for this purpose. [42 U.S.C. 1397d] If seeking such a waiver, the State should identify the extenuating circumstances that warrant the need to use SSBG funds for this purpose, and the associated social service need(s) to be impacted by granting such a waiver. A letter requesting a waiver should be submitted to Ms. Josephine B. Robinson, Director, Office of Community Services, Administration for Children and Families, Department of Health and Human Services, 370 L’Enfant Promenade, SW, Washington, DC, 20447 for consideration.

States should also note that SSBG Supplemental funds may be utilized for Education and Training Services to help meet the social service needs of affected individuals. The Uniform Definitions of Services established in Federal Regulations for the Social Services Block Grant program at 45 CFR Subtitle A, 96.14(a) defines Education and Training Services as follows: "those services provided to improve knowledge or daily living skills and to enhance cultural opportunities. Services may include instruction or training in, but are not limited to, such issues as consumer education, health education, community protection and safety education, literacy education, English as a second language, and General Educational Development (G.E.D.). Component services or activities may include screening, assessment, and testing; individual or group instruction; tutoring; provision of books, supplies, and instructional material; counseling; transportation; and referral to community resources."

Question:
Does a State follow its own administrative rules in regards to bidding as it applies to the use of SSBG Supplemental funds for construction?
Answer:
Yes, bidding is covered by the two qualifications for States to utilize when they intend to use SSBG Supplemental funding authority for private, as well as public and non-profit entities, to repair, renovate or construct health care facilities.

1. States will apply their own administrative standards when they issue sub-awards under the Emergency Supplemental Appropriations Act of 2005 (Public Law 109-148) for construction. This means State standards relating to the protection and disposition of real estate purchased or constructed with grant funds are applicable to funds awarded.

2. States must establish, as a condition of funding to all entities receiving SSBG funds under the Emergency Supplemental Appropriations Act of 2005 for construction, the requirement that a Notice of Federal Interest (NFI) is filed as a condition of the award. In this way, the NFI officially recognizes the Federal government's continuing financial interest in the property.

Question:
When the Notice of Federal Interest is completed and notarized do we have the benefiting facility just keep it on file?
Answer:
The requirement is that all entities receiving SSBG funds under the Emergency Supplemental Appropriations Act of 2005 for construction file a Notice of Federal Interest (NFI) with the State as a condition of the award. As such, the State retains the NFI and a copy is mailed to Administration for Children and Families, Division of Mandatory Grants, 370 L'Enfant Promenade, SW, 6th floor east, Washington, DC 20447.

Question:
Can a provider repay the funds in the future to satisfy the NFI? If so, are there any penalties or will the provider be required to pay any interest?
Answer:
Yes, the funds can be repaid at the appraised price of the facility which is the current market value. Funds repaid should be proportional to the initial Federal investment. For example, if 30% of the invested construction cost for a facility was from Federal government funds, then the Federal government should receive 30% of the fair market value of the facility.

If the provider pays the Federal government fair market value for its share in the facility at the time of a sale, there is no question of interest or penalties on the amount.

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Question:
Is the NFI required on county, city or state buildings?
Answer:
Yes, if Federal funds were used for facility construction, including facility construction for county, city or state buildings, then an NFI is required.

IV. Reporting Requirements

Question:
What are the reporting requirements for States for the supplemental SSBG funds?
Answer:
The ACF Grants Management Office will issue an adjusted award document to States which will include requirements for the submission of both a SF269 report and post expenditure report for these funds. The SSBG supplemental funds should be tracked separately from regular SSBG allotments funds by a State.

Question:
Can the intended use plan (pre-expenditure report) submitted in Fiscal Year (FY) 2006 be amended for SSBG Supplemental funds?
Answer:
Yes, States may submit an amendment to the intended use plan to reflect the uses of the additional SSBG funds made available in the Department of Defense Appropriations Law (L.L. 109-148) to address the social service needs of individuals affected by the 2005 Gulf Coast hurricanes. The report should be revised as may be necessary to reflect substantial changes in the activities assisted.

States should report on the intended use of the SSBG Supplemental funds, including the types of activities (or services) to be supported, and the categories or characteristics of individuals to be served (such as children, adults 59 and younger, adults 60 and older, and the disabled). While there is no designated format for the intended use report, States typically provide a summary of the proposed activities and individuals to be served in narrative or chart format by service area.

State should submit a 2008 SSBG amended pre-expenditure report (plan) for the SSBG Emergency Relief Funds. The amended report (plan) should be submitted as separate section to the previously submitted 2007 SSBG pre-expenditure report (plan) specifying uses of the supplemental funding allotment. The deadline is September 30, 2007 for the amended pre-expenditure report (plan) per Section 2004 [42U.S.C.1397c] which states "The report shall be revised throughout the year as may be necessary to reflect substantial changes in the activities assisted...."

V. MISCELLANEOUS

Question:
Have the supplemental SSBG funds been made available to States?
Answer:
Yes, Notices of Grant Awards to States were issued on February 8, 2006. Funds included in these awards have been made available through the DHHS Payment Management System.

Question:
What was the methodology used to allocate the supplemental SSBG funds to States?
Answer:
Funds were allocated to the 50 States and the District of Columbia based on their percentage of FEMA registrants for Hurricane Katrina, Rita, and Wilma. Registrants from Hurricane Katrina are double weighted. The formula also weights total FEMA registrants by the percent of individuals in poverty in each State.

QUESTION:
Could unexpended funds be redistributed to States needing additional reimbursement?
ANSWER:
Unfortunately, the answer is no. At this time there is no legislative authority that allows redistribution of unexpended funds to States requesting additional SSBG Supplemental funds. States that expend more funds than the amount allotted by HHS must utilize other available resources to compensate for expenses incurred from the impact of 2005 hurricanes in the Gulf of Mexico.