200% FPL Eligibility for CSBG • Affordable Connectivity Program • New Proposed Public Charge Rule • EHS Services for Pregnant Individuals • Phishing Scams and Copyright Takedown Notices

2022 Appropriations Act Maintains 200% FPL Eligibility for CSBG 

On March 15, 2022, the President signed the Consolidated Appropriations Act for Fiscal Year 2022 into law. Since the end of federal fiscal year 2021 on September 30, 2021, the federal government has been operating under four sequential continuing resolutions, which maintained appropriations at FY2021 levels. Each continuing resolution extended the flexibility granted by the CARES Act for states to use an income eligibility threshold for all CSBG funding of 200% of the Federal Poverty Level (FPL). Thus, the 200% income eligibility flexibility for CSBG applies to all FY2022 regular and CARES CSBG funds, including funding appropriated under the continuing resolutions. CAAs should check state-level guidance to confirm that their state is allowing programs to calculate eligibility at 200% of the FPL. 

Upgrading Access to Broadband:
The Affordable Connectivity Program 

Connecting to faster, more reliable internet just became more affordable for low-income households. Starting March 16, 2022, the Affordable Connectivity Program (ACP), a new program created by the Infrastructure Investment and Jobs Act, offers subsidies to eligible low-income households for broadband service and connected devices.

New Proposed Public Charge Rule Codifies 1999 Guidance 

On February 24, 2022, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking for determining immigrant admissibility on public charge grounds under the Immigration and Nationality Act (INA). The proposed rule codifies the 1999 Field Guidance currently used to conduct public charge determinations by U.S. Citizenship and Immigration Services (USCIS). Members of the public may submit comments on the proposed rule on or before April 25, 2022.

Guidance on Tracking Early Head Start Services
for Pregnant Individuals  

On February 24, 2022 the Office of Head Start (OHS) issued an Information Memorandum (ACF-IM-HS-22-02) outlining best practices for tracking services provided to enrolled pregnant individuals by both Early Head Start (EHS) programs as well as through community partnerships established by EHS programs.  

Identifying Phishing Scams Disguised as DMCA Takedown Notices

Beware of a new wave of phishing emails targeting nonprofit organizations and disguised as legitimate Digital Millenium Copyright Act (DMCA) Takedown Notices. These emails accuse the targeted nonprofit organization of violating copyright law to coerce them into downloading malicious content that can disrupt organization IT systems and jeopardize sensitive data and information. Read more to learn about the distinguishing characteristics of legitimate DMCA Takedown Notices, the ways in which phishing scams attempt to emulate these characteristics, and some of the strategies that nonprofit organizations can use to respond to them.

This Legal Update is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Award Number 90ET0482-02. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this publication are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.