[Federal Register: April 3, 2009 (Volume 74, Number 63)]
[Notices]
[Page 15287-15293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap09-37]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Family Violence Prevention and Services/Grants to State Domestic
Violence Coalitions
Program Office: Administration on Children, Youth, and Families
(ACYF), Family and Youth Services Bureau (FYSB).
Funding Opportunity Title: HHS-2009 ACF-ACYF-SDVC-0030.
Announcement Title: Family Violence Prevention and Services/Grants
to State Domestic Violence Coalitions.
CFDA Number: 93.591.
Due Date for Applications: May 4, 2009.
Executive Summary: This announcement governs the proposed award of
formula grants under the Family Violence Prevention and Services Act
(FVPSA) to private, non-profit State Domestic Violence Coalitions
(Coalitions). The purpose of these grants is to assist in the conduct
of activities to promote domestic violence intervention and prevention
and to increase public awareness of family violence issues (42 U.S.C.
10410(a)).
This notice for family violence prevention and services grants to
Coalitions serves four purposes: The first purpose is to confirm a
Federal commitment to reducing domestic violence; the second is to urge
States, localities, cities, and the private sector to become involved
in State and local planning towards an integrated service delivery
approach that meets the needs of all victims, including those in
underserved communities; the third is to provide for technical
assistance and training relating to domestic violence programs; and the
fourth is to increase public awareness about and prevention of domestic
violence and increase the quality and availability of immediate shelter
and related assistance for victims of domestic violence and their
dependents (42 U.S.C. 10401). Starting in Fiscal Year (FY) 2009,
applications should cover FYs 2009, 2010 and 2011 (see Section II,
Funds Available, Length of Project Period).
I. Description
Legislative Authority: The Family Violence Prevention and Services
Act, 42 U.S.C. 10401 through 10421, as extended by the Department of
Health and Human Services Appropriations Act, 2009, Public Law 111-8.
Background
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) authorizes the Department of Health and Human Services (HHS)
Secretary to award grants to statewide, private, non-profit Coalitions
to conduct activities to promote domestic violence intervention and
prevention and to increase public awareness of domestic violence
issues.
Annual State Domestic Violence Coalition Grantee Meeting
Coalitions should plan to send one or more representatives to the
annual grantee meeting. Subsequent correspondence will advise
Coalitions of the date, time, and location of their grantee meeting.
Role of State Coalitions
FVPSA directs Coalitions to work with local domestic violence
programs to encourage appropriate responses to domestic violence within
the States, specifically including training and technical assistance
for local programs (42 U.S.C. 10410(a)(1) and (a)(1)(A)). Coalitions
must also participate in planning and monitoring the distribution of
FVPSA grants awarded to their States (42 U.S.C. 10410(a)(5)).
Coalitions thus play an important role in helping local programs
develop and continue practices consistent with FVPSA guidance.
Coalitions are urged to include activities intended to ensure that
local programs maintain confidentiality, to provide widely accessible
services consistent with best practices in the field and applicable
Federal, State, Tribal and local requirements, and to help local
programs comply with the new FVPSA data collection and outcome
measurement requirements. Each of these issues is further discussed
below.
a. Client Confidentiality
FVPSA directs Coalitions to work with local domestic violence
programs to encourage appropriate responses to domestic violence within
the States, specifically including training and technical assistance
for local programs (42 U.S.C. 10410(a)(1)(A)). Coalitions must also
participate in planning and monitoring the distribution of FVPSA grants
awarded to their States (42 U.S.C. 10410(a)(5)). Coalitions thus play
an important role in helping local programs develop and continue
practices consistent with FVPSA guidance. Local domestic violence
programs funded by FVPSA under 42 U.S.C. 10402 must establish or
implement policies and protocols for maintaining the safety and
confidentiality of the adult victims of domestic violence and their
children whom they serve. See 42 U.S.C. 10402(a)(2)(E). Because it is
essential that the confidentiality of individuals receiving FVPSA
services be protected, Coalitions are urged to include activities
intended to ensure that local programs maintain confidentiality
consistent with best practices in the field and applicable Federal,
State, Tribal and local requirements.
The FVPSA statute requires that local domestic violence programs
maintain confidentiality of records pertaining to any individual
provided family violence prevention and treatment services (42 U.S.C.
10402(a)(2)(E)). As a result, individual identifiers of client records
may not be used when providing statistical data on program activities
and program services. Confidentiality requirements have been
strengthened and clarified with the passage of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Pub. L.
109-162). In the interest of establishing a consistent Federal standard
for domestic violence programs, HHS intends to follow the
confidentiality provisions and definition of ``personally identifying
information'' in sections 40002(b)(2) and 40002(a)(18) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(2) and 42 U.S.C.
13925(a)(18)) as a more detailed guidance about how States, Tribes and
their subgrantees funded under 42 U.S.C. 10402 should comply with the
FVPSA confidentiality obligations, and requires such programs to comply
with the VAWA confidentiality provisions. In the FY 2009 Performance
Progress Report (SF-PPR), States, Tribes and their subgrantees must
collect unduplicated data for each program rather than unduplicated
across programs or statewide. No client-level data should be shared
with a third party, regardless of encryption, hashing or other data
security measures, without a written, time-limited release as described
in section 40002(b)(2) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(2)).
b. Coordinated, Accessible Services
The impacts of domestic violence may include physical injury and
death of primary or secondary victims, psychological trauma, isolation
from family and friends, harm to children
[[Page 15288]]
living with a parent or caretaker who is either experiencing or
perpetrating domestic violence, increased fear, reduced mobility,
damaged credit, unemployment, financial instability, homelessness,
substance abuse, chronic illnesses and a host of other health and
related mental health consequences.
Coordination and collaboration among victim services providers,
community-based, culturally specific, and faith-based service
providers, housing providers and homeless services providers, the
police, prosecutors, the courts, child welfare services, employers and
businesses, medical and mental health service providers, and Federal,
State, and local public officials and agencies is needed to provide
more responsive and effective services to victims of domestic violence
and their families. It is essential that community service providers,
including those serving or representing underserved communities, are
involved in the design and improvements of intervention and prevention
activities.
To help bring about a more effective response to the problem of
domestic violence, HHS urges the designated Coalitions receiving funds
under this grant announcement to continue to coordinate activities
funded under this grant with other new and existing resources for the
prevention of domestic violence and related issues.
To serve victims most in need and to comply with Federal law,
services must be widely accessible. Services must not discriminate on
the basis of age, handicap, sex, race, color, national origin or
religion (42 U.S.C. 10406). HHS Services Office for Civil Rights
provides guidance to grantees in complying with these requirements.
Please see http://www.hhs.gov/ocr/civilrights/resources/specialtopics/
origin/domesticviolencefactsheet.html for HHS Office of Civil Rights
guidance on serving immigrant victims and http://www.hhs.gov/ocr/
civilrights/resources/factsheets/504ada.pdf for guidance on the
Americans with Disabilities Act and the Rehabilitation Act of 1973.
Services must also be provided on a voluntary basis; receipt of shelter
or housing must not be conditioned on participation in supportive
services.
c. National Data Collection and Outcomes Measurement
In collaboration with partners at the State FVPSA programs,
Coalitions, Tribes and Tribal organizations, the National Resource
Center on Domestic Violence, and experts on both data collection and
domestic violence issues, FYSB continues to develop informative,
succinct, and non-burdensome reporting formats that safely measure
quantifiable outputs and outcomes. During FY 2007, FYSB revised and
defined the program services reporting components for recipients of
FVPSA State Formula Grant funds. Throughout FY 2008, grantee workshops,
teleconferences, and information memoranda provided further guidance on
performance reporting requirements for these grantees. In FY 2009, FYSB
is requiring States and their subgrantees, and Tribal grantees to use
standardized reporting forms to facilitate the collection of uniform,
aggregate data on FVPSA-supported program services and client outcomes,
as described in Section V.
II. Funds Available
In FY 2009, FY 2010, and FY 2011, HHS will make available for
grants to the States-designated, Statewide, Domestic Violence
Coalitions the funds described in this announcement. These grant awards
are subject to the availability of Federal appropriations, and as
authorized by the Family Violence Prevention and Services Act, 42
U.S.C. sections 10401 through 10421, (extended by the Department of
Health and Human Services Appropriations Act, 2009, Public Law 111-8,
and/or any subsequent pertinent legal authorities). Each year, one
grant each will be available for each of the Coalitions in the 50
States, the Commonwealth of Puerto Rico, and the District of Columbia.
The Coalitions of the U.S. Territories (Guam, U.S. Virgin Islands,
Northern Mariana Islands, American Samoa, and Trust Territory of the
Pacific Islands) are also eligible for grant awards under this
announcement. The FVPSA (42 U.S.C. 10401 et seq.) expired on September
30, 2008. Reauthorization of the FVPSA could include new statutory or
administrative requirements impacting grantees within the next few
years.
Length of Project Periods
Coalitions now apply for three years of grant funds in this one
application. The project period under this program announcement
continues to be 24 months for each award. FYSB will continue to
disperse funds annually. Coalitions will not be required to submit
additional applications for the years FY 2010 through FY 2011 unless
there are material changes made to the program. Therefore, Coalitions
must address their anticipated activities not only for the FY 2009
project period; i.e., October 2008 through September 2010, but also for
the project periods covered by FYs 2010 through 2011; i.e., October
2009 through September 2012. Coalitions will have the opportunity to
amend their applications for each of the fiscal years FY 2010 and FY
2011 if their anticipated activities materially change. This change
does not affect the amount of the grant award or the timing of the
grant award, only the application process.
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Award year (federal fiscal year) Project period (24 months) Application requirements
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FYSB will continue to disperse funds Coalitions will continue This change does not affect the amount of
annually. The Federal FY is a one-year to have two years to the grant award or the timing of the grant
period from September through October. spend the funds. award, only the application process.
FY 2009................................ 10/01/08-9/30/10.......... Coalitions apply for three years of grant
funds in this one application. Coalitions
must address their anticipated activities
for the FY 2009 project period, and also
for the project periods covered by FYs
2010 and 2011.
FY 2010................................ 10/01/09--9/30/11......... Coalitions will not be required to submit
an additional application for FY 2010
unless there are material changes made to
the program.
FY 2011................................ 10/01/10--9/30/12......... Coalitions will not be required to submit
an additional application for FY 2011
unless there are material changes made to
the program.
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[[Page 15289]]
Expenditure Period
The FVPSA funds may be used for expenditures on or after October 1
of each fiscal year for which they are granted and will be available
for expenditure through September 30 of the following fiscal year;
i.e., FY 2009 funds may be used for expenditures from October 1, 2008,
through September 30, 2010.
III. Eligibility
In accordance with 42 U.S.C. 10410(b), to be eligible for grants
under this program announcement an organization shall be designated as
a statewide, private, non-profit domestic violence coalition meeting
the following criteria:
(1) The membership of the Coalition includes representatives from a
majority of the programs for victims of domestic violence operating
within the State (a Coalition may include representatives of Indian
Tribes and Tribal organizations as defined in the Indian Self-
Determination and Education Assistance Act);
(2) The Board membership of the Coalition is representative of such
programs;
(3) The purpose of the Coalition is to provide services, community
education, and technical assistance to domestic violence programs in
order to establish and maintain shelter and related services for
victims of domestic violence and their children; and
(4) In the application submitted by the Coalition for the grant,
the Coalition provides assurances satisfactory to the Secretary that
the Coalition has actively sought and encouraged the participation of
law enforcement agencies and other legal or judicial entities in the
preparation of the application and will actively seek and encourage the
participation of such entities in the activities carried out with the
grant.
Additional Information on Eligibility
D-U-N-S Requirement
All applicants must have a D&B Data Universal Numbering System (D-
U-N-S) number. On June 27, 2003, the Office of Management and Budget
(OMB) published in the Federal Register a new Federal policy applicable
to all Federal grant applicants. The policy requires Federal grant
applicants to provide a D-U-N-S number when applying for Federal grants
or cooperative agreements on or after October 1, 2003. The D-U-N-S
number will be required whether an applicant is submitting a paper
application or using the government-wide electronic portal, http://
www.Grants.gov. A D-U-N-S number will be required for every application
for a new award or renewal/continuation of an award, including
applications or plans under formula, entitlement, and block grant
programs, submitted on or after October 1, 2003.
Applicants must ensure that their organization has a D-U-N-S
number. Applicants may acquire a D-U-N-S number at no cost by calling
the dedicated toll-free D-U-N-S number request line at 1-866-705-5711
or you may request a number on-line at http://www.dnb.com.
Survey for Private Non-Profit Grant Applicants
Private, non-profit organizations are encouraged to submit with
their applications the survey located under ``Grant Related Documents
and Forms,'' ``Survey for Private, Non-Profit Grant Applicants,''
titled, ``Survey on Ensuring Equal Opportunity for Applicants,'' at:
http://www.acf.hhs.gov/programs/ofs/forms.htm.
IV. Application Requirements for State Domestic Violence Coalition
(Coalitions) Applications
This section includes application requirements for FVPSA grants for
Coalitions, as follows:
Content of Application Submission
The Coalition application must be signed by the Executive Director
of the Coalition or the official designated as responsible for the
administration of the grant. The application must contain the following
information:
(Each requirement is cited to the specific section of the law.)
(1) A description of the process and anticipated outcomes of
utilizing these Federal funds to work with local domestic violence
programs and providers of direct services to victims of domestic
violence and their families to encourage appropriate responses to
domestic violence within the State, including (42 U.S.C. 10410(a)(1))--
(a) Training and technical assistance for local programs and
professionals, including those representing underserved communities,
working with victims of domestic violence and their families;
(b) Planning and conducting State needs assessments and planning
for comprehensive services, including the needs of and services for
underserved communities;
(c) Serving as an information clearinghouse and resource center for
the State; and
(d) Collaborating with other governmental systems that affect
victims of domestic violence.
(2) A description of the public education campaign regarding
domestic violence to be conducted by the Coalition through the use of
public service announcements and informative materials that are
designed for print media; billboards; public transit advertising;
electronic broadcast media; and other forms of information
dissemination that inform the public about domestic violence, including
information aimed at underserved racial, ethnic or language-minority
populations (42 U.S.C. 10410(a)(4)).
(3) The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with judicial and law
enforcement agencies concerning appropriate responses to domestic
violence cases and an examination of related issues set forth in 42
U.S.C. 10402(a)(2).
(4) The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with Family Law Judges,
Criminal Court Judges, Child Protective Services agencies, Child
Welfare agencies, Family Preservation and Support Service agencies, and
children's advocates to develop appropriate responses (including the
responses set forth in 42 U.S.C. 10410(a)(3)) to child custody and
visitation issues in domestic violence cases and in cases where
domestic violence and child abuse are both present (42 U.S.C.
10410(a)(3)).
(5) The anticipated outcomes and a description of other activities
in support of the general purpose of furthering domestic violence
intervention and prevention (42 U.S.C. 10410(a)).
(6) Documentation in the form of support letters, memoranda of
agreement, or jointly signed statements, that the Coalition has
actively sought and encouraged the participation of law enforcement
agencies and other legal or judicial organizations in the preparation
of the grant application (42 U.S.C. 10410(b)(4)(A)), and will actively
seek and encourage the participation of such organizations in grant
funded activities (42 U.S.C. 10410(b)(4)(B)).
(7) The following documentation that certifies the status of the
Coalition and must be included in the grant application:
(a) A description of the procedures developed between the State
domestic violence agency and the Coalition that provide for the
required implementation of the following cooperative activities:
(i) The participation of the Coalition in the planning and
monitoring of the distribution of grants and grant funds provided in
the State (42 U.S.C. 10410(a)(5)); and
[[Page 15290]]
(ii) The participation of the Coalition in compliance activities
regarding the State's family violence prevention and services program
grantees 42 U.S.C. 10402(a)(2)(C) and (a)(3) (42 U.S.C. 10410(a)(5)).
(b) Unless already on file at HHS, a copy of a currently valid
501(c)(3) certification letter from the IRS stating private, non-profit
status; or a copy of the applicant's listing in the IRS' most recent
list of tax-exempt organizations described in section 501(c)(3) of the
IRS code; or a copy of the articles of incorporation bearing the seal
of the State in which the corporation or association is domiciled;
(c) To demonstrate compliance with 42 U.S.C. 10410(b)(1) and
(b)(2):
(i) A current list of the organizations operating programs for
victims of domestic violence in the State and the applicant Coalition's
current membership list by organization (see Section III, Eligibility);
(ii) A list of the applicant Coalition's current Board of
Directors, with each individual's organizational affiliation and the
Chairperson identified (see Section III, Eligibility);
(d) A list of any Coalition or contractual positions to be
supported by funds from this grant; and
(e) A budget narrative that clearly describes the planned
expenditure of funds under this grant.
(8) Required Assurances (included in the application as Attachment
A):
(a) The applicant Coalition will not use grant funds, directly or
indirectly, to influence the issuance, amendment, or revocation of any
Executive Order or similar legal document by any Federal, State or
local agency, or to undertake to influence the passage or defeat of any
legislation by the Congress, or any State, or local legislative body,
or State proposals by initiative petition, except where representatives
of the Coalition are testifying, or making other appropriate
communications, either when formally requested to do so by a
legislative body, a committee, or a member of such organization (42
U.S.C. 10410(d)(1)); or in connection with legislation or
appropriations directly affecting the activities of the Coalition or
any member of the Coalition (42 U.S.C. 10410(d)(2)).
(b) The applicant Coalition will prohibit discrimination on the
basis of age, handicap, sex, race, color, national origin or religion,
as described in 42 U.S.C. 10406.
(Note:
As required by the Paperwork Reduction Act of 1995, Pub. L. 104-
13, the public reporting burden for the project description is
estimated to average 10 hours per response, including the time for
reviewing instructions, gathering and maintaining the data needed,
and reviewing the collection information. The Project Description
information collection is approved under OMB control number 0970-
0280, which expires on 12/31/2011. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control
number.)
Certifications
All applicants must submit or comply with the required
certifications found in the Attachments, as follows:
Anti-Lobbying Certification and Disclosure Form must be signed and
submitted with the application (See Attachment B): Applicants must
furnish prior to award an executed copy of the Standard Form (SF) LLL,
Certification Regarding Lobbying, when applying for an award in excess
of $100,000. Applicants who have used non-Federal funds for lobbying
activities in connection with receiving assistance under this
announcement shall complete a disclosure form, if applicable, with
their applications (approved by OMB under control number 0348-0046).
Applicants should sign and return the certification with their
application.
Certification Regarding Environmental Tobacco Smoke (See Attachment
C): Applicants must also understand they will be held accountable for
the smoking prohibition included within Public Law 103-227, Title XII
Environmental Tobacco Smoke (also known as the PRO-Children Act of
1994). A copy of the Federal Register notice that implements the
smoking prohibition is included with forms. By signing and submitting
the application, applicants are accepting and agreeing to all terms and
conditions of the certification.
Certification Regarding Drug-Free Workplace Requirements (See
Attachment D): The signature on the application by the program official
attests to the applicants' intent to comply with the Drug-Free
Workplace requirements and compliance with the Debarment Certification.
By signing and submitting the application, applicants are accepting and
agreeing to all terms and conditions of the certification.
These certifications can also be found at http://www.acf.hhs.gov/
programs/ofs/forms.htm.
Notification Under Executive Order 12372
This program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs'' for State plan
consolidation and simplification only--45 CFR 100.12. The review and
comment provisions of the Executive Order and Part 100 do not apply.
Applications should be sent to: Family Violence Prevention and
Services Program, Family and Youth Services Bureau, Administration on
Children, Youth and Families, Administration for Children and Families,
Attention: Allison Randall, 1250 Maryland Avenue, SW., Room 8220,
Washington, DC 20024.
V. Reporting Requirements
Performance Reports
Beginning with FY 2009 awards, ACF grantees will begin submitting
Performance Progress Reports using a standardized format, the SF-PPR.
The SF-PPR is the standard government-wide performance progress
reporting format used by Federal agencies to collect performance
information from recipients. A version of the SF-PPR has been tailored
for grantees under this announcement as the ACYF-FYSB-FVPS-SF-PPR. A
Program Performance Report must be filed with HHS describing the
coordination, training and technical assistance, needs assessment, and
comprehensive planning activities carried out. Additionally, the
Coalition must report on the public information and education services
provided; the activities conducted in conjunction with judicial and law
enforcement agencies; the actions conducted in conjunction with other
agencies such as the State child welfare agency; activities conducted
in conjunction with community-based, culturally specific service
providers or organizations serving or representing underserved
communities; and any other activities undertaken under this grant
award. The annual report also must provide an assessment of the
effectiveness of the grant-supported activities. A copy of the ACYF-
FYSB-FVPS-SF-PPR will be available in the webpage publication of this
announcement at http://www.acf.hhs.gov/programs/fysb/content/
familyviolence/index.html approximately 10 business days after the
publication of this announcement in the Federal Register.
The annual report is due 90 days after the end of the fiscal year
in which the grant is awarded; i.e., December 29. Annual reports should
be sent to: Family Violence Prevention and Services Program, Family and
Youth Services Bureau, Administration on Children, Youth and Families,
Administration for Children and Families, Attention: Allison Randall,
[[Page 15291]]
1250 Maryland Avenue, SW., Room 8220, Washington, DC 20024.
Please note that HHS may suspend funding for an approved
application if any applicant fails to submit an annual performance
report or if the funds are expended for purposes other than those set
forth under this announcement.
Financial Status Reports
Grantees must submit annual Financial Status Reports. The first SF-
269A for FY 2009 grant awards is due December 29, 2009. The final SF-
269A for FY 2009 is due December 29, 2010. The first SF-269A for FY
2010 grant awards is due December 29, 2010. The final SF-269A for FY
2010 is due December 29, 2011. The first SF-269A for FY 2011 grants
awards is due December 29, 2011. The final SF-269A for FY 2011 is due
December 29, 2012. SF-269A can be found at the following URL: http://
www.whitehouse.gov/omb/grants/grants_forms.html.
Completed reports should be sent to: Frederick Griefer, Division of
Mandatory Grants, Office of Grants Management, Office of
Administration, Administration for Children and Families, 370 L'Enfant
Promenade, SW., 6th Floor, Washington, DC 20447.
Grantees have the option to submit their reports online through the
Online Data Collection (OLDC) system at the following address: https://
extranet.acf.hhs.gov/ssi. Failure to submit reports on time may be a
basis for withholding grant funds, suspension or termination of the
grant. In addition, all funds reported after the obligation period will
be recouped.
VI. Administrative and National Policy Requirements
Grantees are subject to the requirements in 45 CFR Part 74 (non-
governmental) or 45 CFR Part 92 (governmental).
Direct Federal grants, sub-award funds, or contracts under this ACF
program shall not be used to support inherently religious activities
such as religious instruction, worship, or proselytization. Therefore,
organizations must take steps to separate, in time or location, their
inherently religious activities from the services funded under this
program. Regulations pertaining to the Equal Treatment for Faith-Based
Organizations, which includes the prohibition against Federal funding
of inherently religious activities, can be found at the HHS Web site at
http://www.hhs.gov/fbci/waisgate21.pdf.
A faith-based organization receiving HHS funds retains its
independence from Federal, State, and local governments and may
continue to carry out its mission, including the definition, practice,
and expression of its religious beliefs. For example, a faith-based
organization may use space in its facilities to provide secular
programs or services funded with Federal funds without removing
religious art, icons, scriptures, or other religious symbols. In
addition, a faith-based organization that receives Federal funds
retains its authority over its internal governance, and it may retain
religious terms in its organization's name, select its board members on
a religious basis, and include religious references in its
organization's mission statements and other governing documents in
accordance with program requirements, statutes, and other applicable
requirements governing the conduct of HHS funded activities.
Faith-based and community organizations may reference the
``Guidance to Faith-Based and Community Organizations on Partnering
with the Federal Government'' at http:// www.whitehouse.gov/government/
fbci/guidance/index.html.
VII. Other Information
FOR FURTHER INFORMATION CONTACT: Allison Randall at (202) 205-7889 or
e-mail at allison.randall@acf.hhs.gov.
Dated: March 30, 2009.
Maiso L. Bryant,
Acting Commissioner, Administration on Children, Youth and Families.
Attachments: Required Assurances and Certifications:
A. Assurances
B. Anti-Lobbying and Disclosure
C. Environmental Tobacco Smoke
D. Drug-Free Workplace Requirements
Attachment A
Assurances of Compliance with Grant Requirements
The undersigned certifies that:
(1) The applicant Coalition will not use grant funds, directly or
indirectly, to influence the issuance, amendment, or revocation of any
Executive Order or similar legal document by any Federal, State or
local agency, or to undertake to influence the passage or defeat of any
legislation by the Congress, or any State, or local legislative body,
or State proposals by initiative petition, except where representatives
of the Coalition are testifying, or making other appropriate
communications, either when formally requested to do so by a
legislative body, a committee, or a member of such organization (42
U.S.C. 10410(d)(1)); or in connection with legislation or
appropriations directly affecting the activities of the Coalition (42
U.S.C. 10410(d)(2)).
(2) The applicant Coalition will prohibit discrimination on the
basis of age, handicap, sex, race, color, national origin or religion,
as described in 42 U.S.C. 10406.
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Signature
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Title
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Organization
Attachment B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly. This certification is a
material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person
[[Page 15292]]
who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, ``Disclosure
Form to Report Lobbying,'' in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required statement shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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Signature
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Organization
Attachment C
Certification Regarding Environmental Tobacco Smoke
Public Law 103227, Part C Environmental Tobacco Smoke, also known
as the Pro Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor routinely owned or leased or
contracted for by an entity and used routinely or regularly for
provision of health, day care, education, or library services to
children under the age of 18, if the services are funded by Federal
programs either directly or through State or local governments, by
Federal grant, contract, loan, or loan guarantee. The law does not
apply to children's services provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions of facilities
used for inpatient drug or alcohol treatment. Failure to comply with
the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1000 per day and/or the imposition of an
administrative compliance order on the responsible entity. By signing
and submitting this application the applicant/grantee certifies that it
will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the
language of this certification be included in any subawards which
contain provisions for the children's services and that all subgrantees
shall certify accordingly.
Attachment D
Certification Regarding Drug-Free Workplace Requirements
This certification is required by the regulations implementing the
Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart F. Sections
76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that a Federal
agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY-WIDE certifications, and for notification of criminal drug
convictions. For the Department of Health and Human Services, the
central point is: Division of Grants Management and Oversight, Office
of Management and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, SW., Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements (Instructions
for Certification)
(1) By signing and/or submitting this application or grant
agreement, the grantee is providing the certification set out below.
(2) The certification set out below is a material representation of
fact upon which reliance is placed when the agency awards the grant. If
it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free
Workplace Act, the agency, in addition to any other remedies available
to the Federal Government, may take action authorized under the Drug-
Free Workplace Act.
(3) For grantees other than individuals, Alternate I applies.
(4) For grantees who are individuals, Alternate II applies.
(5) Workplaces under grants, for grantees other than individuals,
need not be identified on the certification. If known, they may be
identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is
no application, the grantee must keep the identity of the workplace(s)
on file in its office and make the information available for Federal
inspection. Failure to identify all known workplaces constitutes a
violation of the grantee's drug-free workplace requirements.
(6) Workplace identifications must include the actual address of
buildings (or parts of buildings) or other sites where work under the
grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while
in operation, State employees in each local unemployment office,
performers in concert halls or radio studios).
(7) If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question (see
paragraph five).
(8) Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the
following definitions from these rules:
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged in
the performance of work under the grant and who are on the grantee's
payroll. This definition does not include workers not on the payroll of
the grantee (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the
grantee's payroll; or employees of subrecipients or subcontractors in
covered workplaces).
Certification Regarding Drug-Free Workplace Requirements Alternate I.
(Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a
drug-free workplace by:
(1) Publishing a statement notifying employees that the unlawful
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manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(2) Establishing an ongoing drug-free awareness program to inform
employees about--
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(4) Notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under the grant, the employee
will--
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(5) Notifying the agency in writing, within 10 calendar days after
receiving notice under paragraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
(6) Taking one of the following actions, within 30 calendar days of
receiving notice under paragraph (d)(2), with respect to any employee
who is so convicted--
(a) Taking appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements of
the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(7) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).
The grantee may insert in the space provided below the site(s) for
the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
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Check if there are workplaces on file that are not identified here.
Alternate II. (Grantees Who Are Individuals)
(1) The grantee certifies that, as a condition of the grant, he or
she will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in conducting
any activity with the grant;
(2) If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, he or she
will report the conviction, in writing, within 10 calendar days of the
conviction, to every grant officer or other designee, unless the
Federal agency designates a central point for the receipt of such
notices. When notice is made to such a central point, it shall include
the identification number(s) of each affected grant.
[FR Doc. E9-7502 Filed 4-2-09; 8:45 am]
BILLING CODE 4184-01-P