Frequently Asked Questions about the Stimulus:

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General/Misc

What kinds of grants are available regarding the Small Business Administration?

Provisions in the American Recovery and Reinvestment Act Associated with the Small Business Administration are as follows:

Surety Bond Guarantees Revolving Fund

ARRA provides $15 million in funding through the SBA for the Surety Bond Guarantees Revolving Fund which was authorized by the Small Business Investment Act of 1958. Funds will remain available until expended.

Business Loans Program Account

ARRA provides funding to make $6 million worth of direct loans and $630 million in guaranteed loans.

• The bill does not specify the eligible applicants
• Program funds will remain available until September 30, 2010
• $375 million of the amount of the cost of guaranteed loans must be for reimbursements, loan subsidies and loan modifications for loans to small business concerns authorized in Section 501
• $255 million must be for loan subsidies and loan modifications for loans to small business concerns authorized in Section 506
• The cost of modifying the loans must be as defined in Section 502 of the Congressional Budget Act of 1974
• The Bill’s Report contains new authorities, including fee reductions under Section 502 and temporary fee elimination for the 504 loan program; guarantees of up to 90 percent of qualifying small business loans; SBA Secondary Market Guarantee Authority; low interest refinancing under the Local Development Business Loan Program; simplification of the maximum leverage limits and aggregate investment limits required of small business investment companies; the small business stabilization program; certain revisions to the Section 508 surety bond provisions; and establishment of the SBA secondary market lending authority.

Visit http://www.sba.gov/osg/

Please define formula grants.   
Formula grant programs are noncompetitive awards based on a predetermined formula. These are funds distributed by a formula set by statute, for example the Community Development Block Grant program.

Does the Act include a formal definition for Shovel-Ready?
The precise definition of “shovel-ready” depends on the program from which funding is allocated. For example, for public transit funding, the first 50% must be obligated within 180 days.

Is there any wording in the stimulus package that would restrict stimulus dollars from being spent on products containing foreign sourced raw materials?
“Buy American” provisions apply to stimulus-funded construction projects.  The provision is aimed at ensuring that only American iron, steel, and manufactured goods are used in all stimulus-funded construction projects.  The provision states that American iron, steel, and manufactured goods must be used if it does not violate international agreements. However, there is pretty broad waiver authority.

Can you tell me the most efficient and economical way to receive up-to-date information (including solicitations) without having to visit each federal agency website?  Is there a “master” or preferred link or list serv?
eCivis: Grants Network Research. Visit www.ecivis.com.

What is Davis-Bacon?
The Davis Bacon and Related Acts (DBRA) requires all contractors and subcontractors performing work on federal or District of Columbia construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts.

Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through funds made available pursuant to the ARRA must be paid not less than prevailing wages, including benefits, as prescribed by the DBRA. The Department of Labor determines the prevailing wage for a variety of labor categories. The prevailing wage is typically based on the wage paid to the majority of a class of employees in an area. 29 C.F.R. Section 1.2 (1999). “Wages” under the terms of the DBA include the basic hourly pay rates plus fringe benefits.
Additional reference material on Davis Bacon can be found at http://www.gpo.gov/davisbacon/referencemat.html. More detailed information on Davis Bacon can be found at the Department of Labor’s Davis Bacon and Related Acts (DBRA) home page: http://www.dol.gov/esa/whd/programs/dbra/index.htm.

What are the stimulus reporting requirements?
SEC. 1512. REPORTS ON USE OF FUNDS.

(a) Short Title.—this section may be cited as the “Jobs Accountability Act”.

(b) Definitions.—In this section:

(1) RECIPIENT.—The term “recipient”—

(A) means any entity that receives recovery funds directly from the Federal Government (including recovery funds received through grant, loan, or contract) other than an individual; and

(B) Includes a State that receives recovery funds.

(2) RECOVERY FUNDS.—The term “recovery funds” means any funds that are made available from appropriations made under this Act.

(c) Recipient Reports.—Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains—

(1) The total amount of recovery funds received from that agency;

(2) The amount of recovery funds received that were expended or obligated to projects or activities; and

(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including—

(A) The name of the project or activity;

(B) A description of the project or activity;

(C) An evaluation of the completion status of the project or activity;

(D) An estimate of the number of jobs created and the number of jobs retained by the project or activity; and

(E) 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 (), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.

(d) Agency Reports.—Not later than 30 days after the end of each calendar quarter, each agency that made recovery funds available to any recipient shall make the information in reports submitted under subsection (c) publicly available by posting the information on a website.

(e) Other Reports.—The Congressional Budget Office and the Government Accountability Office shall comment on the information described in subsection (c)(3)(D) for any reports submitted under subsection (c). Such comments shall be due within 45 days after such reports are submitted.

(f) COMPLIANCE.—Within 180 days of enactment, as a condition of receipt of funds under this Act, Federal agencies shall require any recipient of such funds to provide the information required under subsection (c).

(g) GUIDANCE.—Federal agencies, in coordination with the Director of the Office of Management and Budget, shall provide for user-friendly means for recipients of covered funds to meet the requirements of this section.

(h) REGISTRATION.—Funding recipients required to report information per subsection (c)(4) must register with the Central Contractor Registration database or complete other registration requirements as determined by the Director of the Office of Management and Budget.

What proof does the federal government need to demonstrate non-supplanting?
Varies by program.

What are the Buy America provisions in the ARRA and how do they specifically apply to projects funded through the Department of Transportation and the Department of Homeland Security?

The ARRA contains broad requirements that funds under the Act being used for new public buildings and projects cannot be used to purchase any foreign iron, steel, or manufactured goods. The Act does not define “manufactured goods,” which could conceivably result in this requirement being imposed on all inputs into the “construction, alteration, maintenance, or repair of a public building or public work….” In addition, “public work” is not defined, which could mean this requirement will be imposed on clean energy projects, water projects, the construction of broadband infrastructure and other similar “public works” supported in the legislation. Expect each federal agency or department to include Buy America guidance in the overall guidance explaining requirements to access ARRA funds.

Specifically, Section 1605(a) of ARRA states the following: 

BUY AMERICAN

SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured good used in the project are produced in the United States.

(b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that—

(1) Applying subsection (a) would be inconsistent with the public interest;

(2) Iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

(3) Inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.

(c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived.

(d) This section shall be applied in a manner consistent with United States obligations under international agreements.

There are also other provisions scattered throughout the Act that require the acquisition of domestically produced goods. For example, Section 604 of the ARRA restricts the use of dollars made available through the Department of Homeland Security to textiles produced in the United States or its territories. In addition, a provision was added the legislation that restricts the use of Department of Energy funding to support the construction or upgrade of facilities designed to manufacture advanced battery systems unless those manufacturing facilities are located in the United States and will support the manufacturing of such advanced battery systems in the United States.

Department of Transportation/FHWA.—With respect to the Department of Transportation (DOT), the Federal Highway Administration (FHWA) has indicated that its existing Buy America requirements meet the Buy America requirements of the ARRA. According to FHWA:

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Clean Energy

Have the regulations for the Energy Block grants been written?
The Energy Efficiency Conservation Block Grant regulations are currently being written by the Department of Energy.

Can you provide me the specific location where I can get information on the $00 million for vehicle electrification?
Solicitation is accessible through http://www.netl.doe.gov/business/solicitations/

Can you elaborate on the submission code requirement for Energy Efficiency and Conservation Block Grants?  How does it fit in the three-step process specified on the DOE EECBG webpage (http://apps1.eere.energy.gov/wip/block_grants.cfm)?
According to a DOE staffer last week, there is no submission code requirement for EECBG applications.

When are the deadlines for "Transportation Electrification" and "Alternative Fuel Vehicles" and are these on the DOE website?
Transportation Electrification deadline (US8089 in Grants Network: Research) is 5/13/09.
Alternate Fuel Vehicles ("Clean Cities Petroleum Reduction Technologies Projects for the Transportation Sector: Alternative Fuel and Advanced Technology Vehicles Pilot Grant Program," which is US5754D in Grants Network: Research) Round 1 deadline is 5/29/09, Round 2 deadline is 9/30/09.

EECBG Program - there is a 120 day requirement. Is it 120 days from when the application was turned in or 120 days from when the funds are drawn down?
All applicants for EECBG funds must submit an Energy Efficiency and Conservation (EECS) no later than 120 days after submitting an application. Applicants that submit an EECS with their EECBG application may be rewarded the entirety of their allocation, depending upon the size of that allocation. Applications submitted without an EECS will only be awarded up to $250,000, so that they might develop an EECS, and will not receive further funding until their EECS has been submitted. To submit an EECS, use Attachment D from the grant application, accessible at:

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Education

What are some practical uses of IDEA funds?
The Department of Education provides the following ideas for uses of the IDEA, Part B funds:

• Obtain state-of-the art assistive technology devices and provide training in their use to enhance access to the general curriculum for students with disabilities.
• Provide intensive district-wide professional development for special education and regular education teachers that focuses on scaling-up, through replication, proven and innovative evidence-based school-wide strategies in reading, math, writing and science, and positive behavioral supports to improve outcomes for students with disabilities.
• Develop or expand the capacity to collect and use data to improve teaching and learning.
• Expand the availability and range of inclusive placement options for preschoolers with disabilities by developing the capacity of public and private preschool programs to serve these children.
• Hire transition coordinators to work with employers in the community to develop job placements for youths with disabilities.

The Department of Education provides the following ideas for the uses of IDEA, Part C funds:

• Provide in-service training on evidence-based practices to EIS program staff and EIS providers to ensure that infants and toddlers with disabilities and their families receive high quality early intervention services in a timely manner.
• Expand child-find activities to ensure that all states meet their performance targets related to serving infants under age one and infants and toddlers birth through age two.
• Develop intensive programs and initiatives to train and support families, including families whose primary language is not English, in working with their infants and toddlers with disabilities and effectively communicating their children's needs.
• Support development of high quality state and local data systems to collect valid and reliable data for use in improving the timely delivery of early intervention services, the transition of children receiving services under Part C to the Part B preschool program, the tracking of early childhood outcome data as children exit the program and enter preschool and school, and in meeting data reporting requirements on the state's and EIS programs' performance on early childhood priority areas.
• Obtain state-of-the art assistive technology devices and provide training to qualified personnel on the use of such devices to support the functional development of infants and toddlers with disabilities.
• Implement innovative program strategies for improving the statewide services program, such as web-based systems for developing Individualized Family Service Plans and transition plans for toddlers with disabilities as they exit the Part C program.
• Purchase equipment for use by qualified personnel such as occupational and speech therapists to increase their ability to provide effective services.

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Health

How can I determine if stimulus monies can be used to implement Public Access Defibrillation programs in a community/municipality?

The primary goal of the economic stimulus package was the preservation of jobs and the revitalization of the economy. As a result, the vast majority of the Department of Health and Human Service’s funds are dedicated to preserving healthcare jobs and enhancing existing services. There are no funds generally available for implementing a PAD program. One option available to you for accessing stimulus funds would be to collaborate with a local federally-funded community health center. The stimulus allocated $1.5 billion to these centers for construction and equipment. This money has not yet been released to these centers, and there has been no public announcement about how the funds will be distributed (competitive vs. formula), or what type of specific projects would be eligible for these funds. It is possible that HHS will require all equipment purchased with funds to be used exclusively within health centers, in which case your project would be an ineligible use of funds. However, it may be worthwhile to initiate discussions with your local community health center, to see if they would be receptive to funding this project, provided that they receive stimulus money and the project is an eligible use of funds. If you would like to pursue this option, you can find a list of community health centers in your area by searching here: http://findahealthcenter.hrsa.gov/.

Is there an expectation that there will be job creation or job retention irrespective of where the dollars are allocated, for example, Medicaid dollars?  Or could an outcome be improved service?

States will be required to document how many jobs were saved or created by the extra boost, and states may require that county or local recipients provide that data.  However, the award process (at the federal or state levels) will not be contingent upon job creation.  So you would get funds as you normally do, with the possibility of additional reporting requirements.

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Homeland

How will the monies allocated for fire station construction be distributed, modifications to the current AFG Program or through State Level Programs?
Final criteria have not yet been set.  However, fire service agencies (or units of local government that own, operate, or manage them) will be eligible.  DHS and FEMA will soon decide how they will prioritize applications.  They may elect, for instance, to prioritize capital projects that are designed to increase fire fighter wellness (e.g., installation of exercise rooms), or they might fund projects designed to decrease response times (adding an engine bay for a new truck or building a new station near a new residential or commercial center).

Will there be a supplanting prohibition?
No

Is there a non-federal matching requirement?
No

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Housing

How does a Virginia local government access these funds?
The state of Virginia is set to receive $24.8 million in Homelessness Prevention funding.  $13.4 million of the funding will be distributed to 13 entitlement communities across the state.  The smallest of the entitlement grants is $507,000 for the City of Chesapeake, the largest is $2.46 million for Fairfax County. 

The remaining $11.4 million will be used by the State of Virginia Department of Housing and Community Development for the establishment of a competitive grant program that can make grants to both entitlement and non-entitlement communities in addition to non-profit agencies in the state.  Aside from a small portion of the state agency funding to be used for administrative expenses, the majority of the money will be available through the competitive program.  The state must first present HUD with a proposal of how they plan to distribute funding.  The plan must meet HUD’s approval before the state can distribute funds.  Therefore, the solicitation for the state program has not been issued and it is not anticipated until July.  The solicitation will give a clear picture of what activities will be funded.  It is advisable for communities to begin developing their plans in preparation of the solicitation.  Officials anticipate the program to be very competitive and that the state will be looking for programs that are well thought out in addition to being implemented quickly.

What guidelines will be imposed on the Homelessness Prevention Fund money provided in the ARRA that does not go directly to entitlement communities and is administered by the State?
Although not administered by HUD, the state program will be required to meet the same program requirements.  Below is a copy of the requirements form the solicitation provided by the Virginia Coalition to End Homelessness.

PROGRAM REQUIREMENTS _____________________________________________________________

Definitions and Eligible Clients

Definition of At-Risk and Requirements:

* Client must have an initial consultation with a case manager or other staff who can determine the appropriate amount of assistance.

* Client must be at or below 50 percent of area median income (AMI).

* Client must be either homeless or at risk of losing housing and meet both of the following (1) have no appropriate subsequent housing options and (2) lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing.

Definition for Rapid Re-housing Assistance:

* Individuals and families who meet HUD’s current definition of homelessness.

The HUD Notice also explicitly lists people who are imminently discharged into homelessness from publicly funded institutions (health care facilities, foster care or other youth facilities, prison and jail) as eligible to receive assistance.

There are four main categories of eligible activities.

(1) Financial Assistance

* Short-term tenant-based rental assistance (up to 3 months)

* Medium-term tenant-based rental assistance (4-18 months)
* Security deposits

* Utility deposits

* Utility payments

* Moving cost assistance

* Motel and hotel vouchers

(2) Housing relocation and stabilization services

* Case Management

HUD further clarifies eligible uses to include the arrangement, coordination, monitoring and delivery of services related to meeting the housing needs of program participants and helping them obtain housing stability. This could include counseling; developing, securing and coordinating services; monitoring and evaluating program participant progress; developing an individualized housing and service plan including a path for permanent housing stability.

* Outreach and Engagement

This includes publicizing the availability of programs.

* Housing Search and Placement

HUD further clarifies that this could include tenant counseling, helping individuals and families to understand leases, securing utilities, making moving arrangements, payee services concerning rent and utilities, mediation and outreach to property owners to locate or retain housing.

* Legal Services

* Credit Repair

(3) Data Collection and Evaluation

Grantees and sub-grantees must use the Homeless Management Information System (HMIS) or a comparable client-level database.

The HUD Notice lists several eligible and ineligible costs related to HMIS. Only jurisdictions that do not have an HMIS already implemented may use a portion of these funds for HMIS implementation or start-up activities; however there are several eligible costs for those who already have HMIS in place including entry and analysis and staffing related to HMIS.

HUD has not yet provided requirements related to housing stability outcomes.
Grantees will be required to provide reports that will be publicly available on the Recovery.gov web site.

(4) Administrative Costs

5 percent of the total grant to the grantee can be spent on administrative costs either by the grantee or the subgrantee.

This includes:
* Pre-award administrative costs
* Accounting for the use of the grant funds
* Preparing reports for submission to HUD
* Obtaining program audits
* Other costs related to administering the grant
* Grantee or sub-grantee staff salaries for administration
* Staff training for those who will administer the program or case managers who will serve program participants

Ineligible Activities

HUD specifically lists the following as ineligible activities:
* Child care
* Employment training
* Mortgage costs
* Construction or rehabilitation
* Credit card or other consumer debt
* Car repair or other transportation costs
* Travel Costs
* Food
* Medical or dental care and medication
* Clothing and grooming
* Home furnishings
* Pet care
* Entertainment
* Work or education related materials
* Cash assistance to program participants
* Developing discharge planning programs in mainstream institutions such as hospitals, jails or prisons
* Certifications, licenses, and general training classes
* Charging fees to program participants

Match, Coordination with the Continuum of Care, and Other Program Requirements

The HUD Notice explicitly states that there is no match requirement. The HPRP must be coordinated with the local Continuum (s) of Care to ensure HPRP activities are aligned with Continuum of Care strategies and priorities. Assistance can be provided to an eligible family or individual at a maximum of 18 months.

Grantees must develop and implement discharge planning protocols for people exiting publicly funded institutions or systems of care including health care facilities, foster care or other youth facilities, or correction institutions. It is not however an eligible expense to develop these protocols. The provision of rental assistance requires initial and annual housing inspections.

When is HUD expected to announce the availability of the $1.98 billion available for the Neighborhood Stabilization competitive program?
HUD must release the NOFA on or before May 3, 2009.  The U.S. Department of Housing and Urban Development (HUD) recently approved almost $731 million for the Neighborhood Stabilization Program (NSP) for those areas of the country hardest hit by the high rate of home foreclosures (HUD Chart).  Additional funds will be made available to address home foreclosure and abandonment and for the provision of capacity building and support for NSP grantees. Rating factors will include grantee capacity to execute projects, leveraging potential, and concentration of investment to achieve neighborhood stabilization. Grantees must expend at least 50 percent of each grant within 2 years and 100 percent within 3 years of grant award. HUD may run two competitions - one addressing the provision of technical assistance (not to exceed $50 million) and one to provide programmatic funding for grantees (remainder of funding).

The funding provided can be used to provide down payment assistance to low- to moderate-income potential homeowners. Individuals receiving such assistance will also be required to receive housing counseling to prevent future foreclosures.

Funds can also be used by government agencies to buy vacant foreclosed homes in order to prevent or eliminate blight. These vacant foreclosed homes can be torn down or rehabilitated and resold. Additionally, grant recipients can create "land banks" to collect, temporarily manage, and dispose of vacant land in order to stabilize neighborhoods and to encourage re-use and redevelopment of urban property. State and local grant recipients will be required to ensure that new buyers of vacant homes and land receive mortgage loans from lenders who agree to comply with sound lending practices.

For more information see HUD's website.

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Labor

Did the funds for summer youth jobs remain in the Act?
Yes, funding remained in the final bill.  There is $1.2 billion for youth activities, which include summer employment for youth up to 24 yrs of age.

Does the stimulus bill contain any provisions relating to COBRA?
Yes. The stimulus bill establishes a 65% government subsidy for eligible workers towards their COBRA coverage for up to 9 months. The Treasury Department will administer the subsidy, providing employers or health plans (if they administer COBRA benefits) with a credit against payroll taxes for the cost of the subsidy.  Workers who were involuntarily terminated between September 1, 2008 and December 31, 2009, with annual incomes less than $125,000 (single) or $250,000 (couples) are eligible.

Workforce Investment Program

How will the funds be administered?
On March 18, 2009, the Department of Labor issued policy guidance to States for the implementation of Employment and Training Administration (ETA) funds. This letter provides direction on the eligible uses of the $3.5 billion in funding provided by the stimulus bill for ETA programs.

To read the guidance letter in .pdf format, go to: http://wdr.doleta.gov/directives/attach/TEGL/TEGL14-08.pdf

Prior to that time, on March 6, 2009, the Department of Labor announced State allotments for Employment Training Administration stimulus funds. The economic stimulus legislation included $3.5 billion for workforce investment in youth, adults, displaced workers and employment services.

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Law Enforcement

Do the Byrne grants cover facility improvements?
No, Byrne grant funding is only for programmatic use. Examples include personnel, equipment, training, technical assistance, and information systems.

What is the requirement of sustainability for the COPS program after the funding goes away?
A recipient is required to pay full salary and benefits for the fourth year.

Can we apply for transitional housing program (violence against women) and subcontract the funds to our local independent non-profit agencies to carry out the projects?
The program appears to allow this, especially if the applicant partners with those agencies in some regard.  The program announcement explicitly states that one of the areas of special interest is "Creating innovative partnerships between domestic violence, sexual assault, and/or stalking victim service providers and faith and/or community-based organizations that improve the overall value and effectiveness of transitional housing by bringing together organizations with expertise in the dynamics of domestic violence, sexual assault, or stalking to provide a broad spectrum of support services."

I saw grants for refurbishing/building fire station.  Our police department is housed in our old city hall and is next door to our old volunteer fire station.  Could there be a possibility of receiving a grant to refurbish and add on city hall to the police department & fire department?
The program will only fund such facilities if they are part of the same facility (being located adjacent to the facility will not pass scrutiny; they need to be in the same building).  And the program will only fund that portion of the building that houses the fire fighting vehicles/equipment/personnel.  The only way this sounds like it might work for you is if you were expanding city hall to make it into one larger unitary building and that “connector” piece would house the fire department.  It is difficult to determine whether your proposal fits this scenario.  But remember that this is for Fire Station Renovation and Construction.  That’s the goal and that’s the intent.  Trying to fit a police station into that will likely not pass the review process.

My question is about the SAFER Act Grant from FEMA.  I understand that there is a waiver of the local match requirement for new SAFER Act applications, however I have not found any mention of the funding cap.  In the past the cap was $108,380 over the 5 year grant period (not per year).  I was wondering if there was any talk of a waiver of the funding cap in addition to the waiver of the local match, similar to the COPS Universal Hiring Program.  I know the guidance documents will be issued in the coming months; however I wanted to know if you had any insight.  
SAFER grants were not funded in the stimulus.  They are being funded in the normal appropriations process for FY 2009 and applications are expected by mid- to late-April.  They will have all the normal requirements.  The Federal share of salaries and associated benefits is expected to remain the same for the upcoming competition.  There is no discussion about a waiver largely because it’s prescribed by federal law.  ARRA made legislative exemptions for the Fire Station Construction, COPS Hiring and few other programs.  You should not plan around a waiver of the local match.

Can we use COP Universal Hiring Program to fund currently employed officers for the purpose of preventing a potential workforce reduction because of the budget restrain we are facing?  It will help us to retain many jobs that otherwise very well possibly will be cut.
You can only use funds in this manner if the community has made preparations to cut the positions.  The community will have to certify that the positions are scheduled to be laid off as a result of budget cuts.  Grant funds may be used to “rehire” those officers, but grant funds will be limited to the salary of an entry-level officer.  So if you’re laying off a lieutenant, you can only “save” that position by funding it at the entry level salary.  The local law enforcement agency will have to pay any costs on top of the entry level salary for positions that would rank above that.  It wouldn't hurt for you to contact the program officer directly to ask about your particular situation.

One of our local officials asked if any of the funding programs could assist with equipment for fire departments. The FEMA fire grants are for construction of stations and the Bryne grant is for law enforcement-related investments.  We are not aware of any ARRA funds specifically for fire department equipment.  Please let us know if you have identified any opportunities.  (We would not be able to apply for funds to the homeland security transit or port grants).
No ARRA are available for this.  The program you need to target is the Assistance to Fire Fighters Grant Program, which funds equipment and programs for fire fighters.  They should open it up to competition sometime this month, with about a 45-day window to apply.  Grants are capped at $750,000 per grantee, and require a 25% non-federal match (which can count in-kind contributions).  Again, No ARRA funding for this type of need.

My police department is considering applying for 3 new police officer positions.   If approved, I realize we need to retain all positions for the 3 year grant period plus 1 additional year of which funding is the sole responsibility of the Village Government.  After that 4 year total commitment, if funding is not sufficiently available from the Village, can three positions be eliminated from our police department without penalty from the federal government?
Yes.  You will have fulfilled the requirement for the performance period.  With that said, applications will be reviewed and scored competitively.  Communities with a sustainability plan beyond the performance period are very likely to be scored higher than applicants without that type of plan in place at the time of the application.

100 officers (local funds) 5 officers (CHRP-funds).  If at some point during the 4-year period (3 years CHRP/1 year local) the economy worsens and we are forced to reduce our force of 105 officers, how does this affect our award?  Would we lose funding?  Would only the non-CHRP officers be affected by the force reduction?
The program office would cancel the remaining grant obligation from the USDOJ and require that your community repay all grant funds previously awarded for those federally-funded positions.  If you are forced into this position, in terms of the federal grant and the USDOJ, you would want to eliminate the locally-funded positions and not the federally-funded ones.  If you get rid of the CHRP funded positions, you will encumber a host of problems with the USDOJ and it would likely have a negative impact on any future COPS application that your community would submit.  With that said, you can apply for a retention exemption.  The granting of these is at the discretion of the COPS office.  At a minimum, you will need to demonstrate that your community is facing severe fiscal distress, natural disaster or other mitigating circumstances.

Can you tell me how do we determine the base of which hiring should occur?  Also, are we to maintain the level of police officers throughout the entire time period? 
You can apply for as many positions as your community needs.  Your statement of need will be competitively reviewed.  So asking for more than what you need with a strategy of settling for less than what you sought may not be best orientation to have in your program/project narrative and budget justification.  The program will only provide awards for entry level salaries and benefits.  It will award grants to higher level positions but only if the community will pay the cost difference.  You are not expected to maintain the same force level throughout the grant performance period.  You only have to maintain the federally-funded position.

JAG Competitive

Should We Submit One Application or Multiple JAG Applications?
You must submit one application per project. No one project can be submitted to multiple categories.

Reasonable Dollar Amount for a Large County?
FY 2008 Figures:

In FY 2008, $14.9 million in Edward Byrne Memorial Competitive Grant Program money was awarded between 40 recipients.  The average award was $370,000. Award amounts ranged from $105,000 to $1,350,000.  The FY 2009 Recovery Act provides $225 million for the Byrne Grant Program.  It is likely that the program will award larger grants to more recipients based on the additional funding.  Therefore, the County should consider making a larger request then the FY 2008 average. 

From the Edward Byrne Grant FAQ’s:  http://www.ojp.usdoj.gov/BJA/recovery/RecoveryByrneFAQ.pdf
                                                                     
Categories I-VII have no minimum/maximum funding amounts in the Byrne Competitive Program. In order to be competitive, applicants should support the amount of federal funds requested by tying the requested amount directly to the scope of the unmet need, the planned project activities, and the agency’s capacity to perform.

Category VIII: Training and Technical Assistance Partnerships in support of state administrative agencies, does have a maximum funding amount of $1 million. Other training and technical assistance projects under Category VIII have no minimum/maximum funding amounts.

If the totality of a project fits under one category, but a portion of the project also fits under another category, is it advisable to footnote that you recognize this portion also fits in another category or just ignore it?
If you apply for a specific project to be funded under Category I, the only category that you will be able to receive funding for that project under is Category I. You will not receive consideration for the project under Category II, even if a portion of that project fits into Category II. If a portion of the project is so radically different from the rest of the project that it cannot fit under Category I, it might be worth exploring if that portion is significant enough by itself to make a separate application under Category II. There is no advantage derived from mentioning multiple categories in a single application, and it is advisable that you only discuss one category per application.

COPS Hiring
What proof do you need to demonstrate non-supplanting?
Grantees must not reduce the level of state, local or Bureau of Indian Affairs funding that would have been dedicated towards sworn officer positions as a result of receiving federal funding.

If you are using money to rehire officers that otherwise were scheduled to be laid off, you must maintain documentation (for monitoring and audit, rather than application purposes) indicating:

1. The date of the lay-off;
2. Number of officers laid off;
3. Number of officers rehired with CHRP funds;
4. Date of the rehire; and
5. Reason for the lay-off, specifically indicating reasons for lay-offs.

What if there is a position that was terminated and is currently vacant, is it enough to provide the date the position was terminated to demonstrate non-supplanting?
To meet the non-supplanting requirements you must demonstrate that the vacant position is not funded by the current budget, and without COPS Hiring funds would be eliminated. There are many documents you could use to show this, including council meeting minutes or budget orders. If you are re-hiring an officer who previously occupied the vacant position, you will also need to maintain documentation showing the date the officer was laid-off and when he was re-hired, for auditing purposes.

How are our clients dealing with the issue that a governing board cannot technically approve a later funding commitment (like the fourth year of COPS Hiring) when they will not necessarily be the governing body?
To apply for COPS Hiring funds, you are required to present a plan for retention funds to be budgeted in the future, not an actual binding future budget. If a future governing board decides not to budget the required retention funds, they will be subject to program sanctions. If County does not provide a 4th year of funding under the COPS Hiring program, it will be ineligible to receive money from any COPS program for a period of 3 years (although a waiver to this requirement is available if the County is experiencing undue financial hardship). All the current governing board must do is plan to budget the required funds – a future governing board has the freedom to decide if paying the required funds is more advantageous than facing a suspension of COPS funds.  Thus the current governing board is not obligating funds in a fiscal year that it has no jurisdiction over; it is just planning to obligate funds.

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Transportation

How and when will FHWA funds be distributed?
$26.66 billion in FHWA is being apportioned to the States.  State Departments of Transportation (DOT) will receive 3% ($800,000) that must be set aside for transportation enhancements.  Half of the funds must be obligated within 120 days of apportionment, and the other half must be obligated within one year.  Funding decisions are made by State DOTs.  State DOTs will receive 67% ($17.86 billion) to use at their discretion.  Half of the funds must be obligated within 120 days of apportionment, and the other half must be obligated within one year.  30% ($8 billion) is allocated to individual areas by population.  Of that, 62.5% is distributed to MPOs with urban areas that have a population of 200,000 or more.  Funding decisions will be made by the MPOs.  The remaining 37.5% is distributed to areas with a population under 200,000.  Funding decisions will be made by State DOTs/highway divisions, and must be obligated within one year.

STIP and TIP Requirements

Are there are any exceptions to the requirement that an ARRA supported DOT project must be on the STIP or the TIP for the MPO?
All FHWA ARRA funds must be directed to projects currently on the STIP or TIP. Projects not on the STIP or TIP are eligible for FTA ARRA funding, but they must be amended into STIP or TIP after funds are applied for. Non-Amtrak FRA funding can also be applied for if a project is not on the STIP or State Rail Plan. However, to be eligible, the FRA project must demonstrate that it is “compatible with the plans developed pursuant to the transportation planning requirements under 23 U.S.C. §135.” The easiest way to do this would be by showing that the project is on the STIP.

More information about FHWA: https://ntl.custhelp.com/cgibin/ntl.cfg/php/enduser/
std_adp.php?p_faqid=448&p_created=1236888169

More information about FRA: https://ntl.custhelp.com/cgibin/ntl.cfg/php/enduser/
std_adp.php?p_faqid=447&p_created=1236888005

More information about FTA: https://ntl.custhelp.com/cgibin/ntl.cfg/php/enduser/
std_adp.php?p_faqid=440&p_created=1236883372

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Water Resources

Does the legislation address or alter the state funding allocation factors that have been used for the SRF appropriations? 
No, the formula has not been altered.

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