[Federal Register: April 3, 2009 (Volume 74, Number 63)]
[Notices]
[Page 15273-15280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap09-35]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[HHS-2009-ACF-ACYF-FVPS-0035]
Family Violence Prevention and Services/Grants for Domestic
Violence Shelters and Related Assistance/Grants to States
------------------------------------------------------------------------
------------------------------------------------------------------------
Program Office............... Administration on Children, Youth and
Families (ACYF), Family and Youth
Services Bureau (FYSB).
Funding Opportunity Number... HHS-2009-ACF-ACYF-FVPS-0035.
Announcement Title........... Family Violence Prevention and Services/
Grants for Domestic Violence Shelters
and Related Assistance/Grants to States.
CFDA Number.................. 93.671.
Due Date for Applications.... May 4, 2009.
------------------------------------------------------------------------
Executive Summary: This announcement governs the proposed award of
mandatory grants under the Family Violence Prevention and Services Act
(FVPSA) to States (including Territories and Insular Areas). The
purpose of these grants is to assist States in establishing,
maintaining, and expanding programs and projects to prevent family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents (42 U.S.C. 10401).
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in Fiscal Year (FY) 2009. Starting in 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 purpose of this legislation is to assist States and Indian
Tribes, Tribal organizations, and non-profit private organizations
approved by an Indian Tribe in supporting the establishment,
maintenance, and expansion of programs and projects to prevent
incidents of family violence and to provide immediate shelter and
related assistance for victims of family violence and their dependents
that meet the needs of all victims, including those in underserved
communities (42 U.S.C. 10401).
During FY 2008, the Department of Health and Human Services (HHS)
made 52 grants to States. 202 grants were made to Indian Tribes, Tribal
organizations, and non-profit private organizations approved by Indian
Tribes. The Department of Health and Human Services (HHS) also made 53
family violence prevention grant awards to non-profit State Domestic
Violence Coalitions.
The National Domestic Violence Hotline (Hotline) is funded by FVPSA
to ensure that everyone has access to information and emergency
assistance wherever and whenever it is needed. The Hotline is a 24-
hour, toll-free service that provides crisis assistance, counseling,
and local shelter referrals for people across the country who need
assistance. Hotline counselors also are available for non-English
speaking persons and for people who are hearing-impaired. The Hotline
number is 1-800-799-SAFE (7233); the TTY number for the hearing-
impaired is 1-800-787-3224.
Annual State Administrators Grantee Meeting
The annual grantee meeting for the State FVPSA Administrators is a
training and technical assistance activity that FVPSA State
Administrators should expect to attend. Subsequent correspondence will
advise the State FVPSA Administrators of the date, time and location of
their grantee meeting.
Client Confidentiality
FVPSA programs 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. It is essential
that the confidentiality of individuals receiving FVPSA services be
protected. Consequently, when providing statistical data on program
activities and program services, individual identifiers of client
records will not be used by the State or other FVPSA grantees or
subgrantees. The address or location of any FVPSA-supported shelter
facility will, except with written authorization of the person or
persons responsible for the operation of such shelter, not be made
public and the confidentiality of records pertaining to any individual
provided family violence prevention and treatment services by any
FVPSA-supported program will be strictly maintained (42 U.S.C.
10402(a)(2)(E)).
[[Page 15274]]
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 for grantees about how to comply with the FVPSA
confidentiality obligations, and requires FVPSA-funded programs to
comply with the VAWA confidentiality provisions.
In FY 2009 guidance, FYSB requires that grantees only collect
unduplicated data for each program, and that information not be
unduplicated across programs or statewide. No client-level data may 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)).
The Importance of Coordinated and Accessible Services
The impacts of family violence may include physical injury and
death of primary or secondary victims, psychological trauma, isolation
from family and friends, harm to children living with a parent or
caretaker who is either experiencing or perpetrating family 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
business, medical and mental health service providers, and Federal,
State, and local public official 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 improvement of intervention and prevention
activities.
To help bring about a more effective response to the problem of
family violence, HHS urges the designated State agencies receiving
funds under this grant announcement to coordinate activities funded
under this grant with other new and existing resources for the
prevention of family 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). The HHS 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.
The FVPSA specifically makes Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) applicable to all programs and activities
conducted with any FVPSA funds. Section 504 bars organizations and
employers from excluding or denying individuals with disabilities or
denying such individuals an equal opportunity to receive program
benefits and services. Organizations may not establish eligibility
criteria for receipt of services or participation in programs or
activities that screen out or tend to screen out individuals with
disabilities, unless such criteria are necessary to meet the objectives
of the program. Under this law, individuals with disabilities are
defined as persons with a physical or mental impairment which
substantially limits one or more major life activities. Some examples
of impairments which may substantially limit major life activities,
even with the help of medication or aids/devices, are: AIDS,
alcoholism, blindness or visual impairment, cancer, deafness or hearing
impairment, diabetes, drug addiction, heart disease, and mental
illness.
Please see http://www.hhs.gov/ocr/civilrights/understanding/
disability/index.html for HHS Office of Civil Rights 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.
National Data Collection and Outcomes Measurement
In collaboration with partners at State FVPSA programs, State
Domestic Violence Coalitions (Coalitions), Tribes and Tribal
organizations, the National Resource Center on Domestic Violence, and
experts on both data collection and domestic violence prevention and
intervention 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 VI.
Definitions
States should use the following definitions in carrying out their
programs. The definitions are found in 42 U.S.C. 10421.
Family Violence: Any act or threatened act of violence, including
any forceful detention of an individual, which: (a) Results or
threatens to result in physical injury; and (b) is committed by a
person against another individual (including an elderly person) to whom
such person is or was related by blood or marriage or otherwise legally
related or with whom such person is or was lawfully residing.
Shelter: The provision of temporary refuge and related assistance
in compliance with applicable State law and regulation governing the
provision, on a regular basis, of shelter, safe homes, meals, and
related assistance to victims of family violence and their dependents.
Related Assistance: The provision of direct assistance to victims
of family violence and their dependents for the purpose of preventing
further violence, helping such victims to gain access to civil and
criminal courts and other community services, facilitating the efforts
of such victims to make decisions concerning their lives in the
interest of safety, and assisting such victims in healing from the
effects of the violence. Related assistance includes:
(1) Prevention services such as outreach and prevention services
for victims and their children, assistance for children who witness
domestic violence, employment training, parenting and other educational
services for victims and their children, preventive health services
within domestic violence programs (including services promoting
nutrition, disease prevention, exercise, and prevention of substance
abuse), domestic violence
[[Page 15275]]
prevention programs for school-age children, family violence public
awareness campaigns, and violence prevention counseling services to
abusers;
(2) Counseling with respect to family violence, counseling or other
supportive services provided by peers individually or in groups, and
referral to community social services;
(3) Transportation and technical assistance with respect to
obtaining financial assistance under Federal and State programs, and
referrals for appropriate health-care services (including alcohol and
drug abuse treatment), but shall not include reimbursement for any
health-care services;
(4) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(5) Children's counseling and support services, and child care
services for children who are victims of family violence or the
dependents of such victims, and children who witness domestic violence.
II. Funds Available
In FY 2009, FY 2010, and FY 2011, HHS will make available for
grants to the State-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, Pub. L. 111-8, and/
or any subsequent pertinent legal authorities).
State Allocation
FVPSA grants to the States, the District of Columbia, and the
Commonwealth of Puerto Rico are based on a population formula. Each
State grant shall be $600,000 with the remaining funds allotted to each
State on the same ratio as the population of the State to the
population of all States (42 U.S.C. 10403(a)(2)). State populations are
determined on the basis of the most recent census data available to the
Secretary of HHS, and the Secretary shall use for such purpose, if
available, the annual current interim census data produced by the
Secretary of Commerce pursuant to 13 U.S.C. 181 (42 U.S.C. 10403(b)).
For the purpose of computing allotments, the statute provides that
Guam, American Samoa, the Virgin Islands, and the Northern Mariana
Islands will each receive grants of not less than one-eighth of one
percent of the amounts appropriated (42 U.S.C. 10403(a)(1)).
Length of Project Periods
States 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. States 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, States 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. States 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.
----------------------------------------------------------------------------------------------------------------
Award year (federal fiscal year) Project period (24 months) Application requirements
----------------------------------------------------------------------------------------------------------------
FYSB will continue to disperse funds States will continue to This change does not affect the amount of
annually. The Federal FY is a one-year have two years to spend the grant award or the timing of the
period from September through October. the funds. grant award, only the application
process.
FY 2009................................. 10/01/08-9/30/10........... States apply for three years of grant
funds in this one application. States
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........... States 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........... States will not be required to submit an
additional application for FY 2011
unless there are material changes made
to the program.
----------------------------------------------------------------------------------------------------------------
Expenditure Period
FVPSA funds may be used for expenditures on and 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.
Re-allotted funds, if any, are available for expenditure until the
end of the fiscal year following the fiscal year that the funds became
available for re-allotment. FY 2009 grant funds that are made available
to the States through re-allotment, under 42 U.S.C. 10403(d), must be
expended by the State no later than September 30, 2010. FY 2010 grant
funds that are made available to the States through re-allotment, under
42 U.S.C. 10403(d), must be expended by the State no later than
September 30, 2011. FY 2011 grant funds that are made available to the
States through re-allotment, under 42 U.S.C. 10403(d), must be expended
by the State no later than September 30, 2012.
III. Eligibility
``States'' as defined in section 320 of FVPSA are eligible to apply
for funds. The term ``State'' means each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
In the past, Guam, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands and American Samoa have applied for funds as a
part of their consolidated grant under the Social Services Block grant.
These jurisdictions need not submit an application under this program
announcement if they choose to have their allotment included as part of
a consolidated grant application.
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
[[Page 15276]]
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.
Please ensure that the applicant's organization has a D-U-N-S
number. To acquire a D-U-N-S number at no cost, call the dedicated
toll-free D-U-N-S number request line at 1-866-705-5711 or request a
number online at http://www.dnb.com.
IV. Application Requirements
The project description is approved under the Office of Management
and Budget (OMB) control number 0970-0280, which expires on December
31, 2011.
Content of Application Submission
The State's application must be submitted by the Chief Executive of
the State and signed by the Chief Executive Officer or the Chief
Program Official designated as responsible for the administration of
FVPSA.
Each application must contain the following information or
documentation:
(1) The name of the State agency, the name and contact information
for the Chief Program Official designated as responsible for the
administration of funds under FVPSA and coordination of related
programs within the State, and the name and contact information for a
contact person if different from the Chief Program Official (42 U.S.C.
10402(a)(2)(D)).
(2) A plan describing in detail how the needs of underserved
populations will be met (42 U.S.C. 10402(a)(2)(C)). ``Underserved
populations'' include populations underserved because of geographic
location (such as rural isolation), underserved racial and ethnic
populations, populations underserved because of special needs (such as
language barriers, disabilities, immigration status, or age), and any
other population determined to be underserved by the State planning
process or the Secretary of HHS (42 U.S.C. 13925(a)(32)).
(a) Identify which populations in the State are underserved,
describe those that are being targeted for outreach and services, and
provide a brief explanation of why those populations were selected to
receive outreach and services.
(b) Describe the outreach plan, including the domestic violence
training to be provided, the means for providing technical assistance
and support, and the leadership role played by those representing and
serving the underserved populations in question.
(c) Describe the specific services to be provided or enhanced, such
as new shelters or services, improved access to shelters or services,
or new services for underserved populations such as victims from
communities of color, immigrant victims, or victims with disabilities,
etc.
(d) Describe the public information component of the State's
outreach program: The elements of your program that are used to explain
domestic violence, the most effective and safe ways to seek help, tools
to identify available resources, etc.
(3) Provide a complete description of the process and procedures
used to involve the State Domestic Violence Coalition, knowledgeable
individuals, and interested organizations, including those serving or
representing underserved communities, in the State planning process,
and provide assurances that the State grantee is in compliance with the
requirements of 42 U.S.C. 10402(a)(2)(C).
(4) Provide complete documentation of consultation with and
participation of the State Domestic Violence Coalition in the
administration and distribution of FVPSA grants and grant funds awarded
to the State as required by 42 U.S.C. 10410(a)(5) and 42 U.S.C.
10402(a)(2)(C)).
(5) Provide complete documentation of policies, procedures and
protocols that ensure individual identifiers of client records will not
be used when providing statistical data on program activities and
program services, that the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services by
any FVPSA-supported program will be strictly maintained, and the
address or location of any FVPSA-supported shelter will not be made
public without the written authorization of the person or persons
responsible for the operation of such shelter (42 U.S.C.
10402(a)(2)(E)).
(6) Describe the plan to assure an equitable distribution of grants
and grant funds within the State and between urban and rural areas
within such State (42 U.S.C. 10402(a)(2)(C)).
(7) Include a description of how the State plans to use the grant
funds; a description of the target populations; the number of shelters
to be funded; the number of non-residential programs to be funded; the
services the State will provide; and the expected results from the use
of the grant funds (42 U.S.C. 10402(a)(2)).
(8) Provide a copy of the law or procedures, such as a process for
obtaining an order of protection, that the State has implemented for
the eviction of an abusive spouse from a shared household (42 U.S.C.
10402(a)(2)(F)).
Note: As required by the Paperwork Reduction Act of 1995, Public
Law 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.
Assurances
Each application must provide the assurances in Appendix A.
Certifications
All applications must submit or comply with the required
certifications found in the Appendices as follows:
Anti-Lobbying Certification and Disclosure Form (See Appendix 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 Appendix C)
Applicants and subgrantees must 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 which
implements the smoking prohibition is included with the forms. By
signing and submitting the application, applicants are accepting and
agreeing to all terms and conditions of the certification.
[[Page 15277]]
Certification Regarding Drug-Free Workplace Requirements (See Appendix
D)
The signature on the application by the chief program official
attests to the applicant's 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
For States, this program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs,'' for State plan
consolidation and implication only--45 Code of Federal Regulations
(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: Edna James or Shannon R. Gaskins, 1250 Maryland Avenue, SW.,
Suite 8214, Washington, DC 20024.
V. Approval/Disapproval of a State Application
The Secretary of HHS will approve any application that meets the
requirements of FVPSA and this announcement and will not disapprove any
such application except after reasonable notice of the Secretary's
intention to disapprove has been provided to the applicant and after a
six-month period providing an opportunity for the applicant to correct
any deficiencies. The notice of intention to disapprove will be
provided to the applicant within 45 days of the date of the
application.
VI. 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
activities carried out, and including an assessment of the
effectiveness of those activities in achieving the purposes of the
grant. A section of this performance report must be completed by each
grantee or sub-grantee that performed the direct services contemplated
in the application certifying performance of such services. A copy of
the ACYF-FYSB-FVPS-SF-PPR will be available in the Web page 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 performance report must include the following data elements and
narrative examples of the services that were provided:
Funding--The total amount of the FVPSA grant funds awarded. Total
amount of State administrative cost. Total number of subgrants awarded.
Total domestic violence program budget for programs that received FVPSA
subgrants. The number of domestic violence programs with residential
facilities funded. The number of non-residential programs funded.
Volunteers--The total number of volunteers working in FVPSA-
supported programs; total volunteer hours.
Narrative Questions--For services or activities in the State
supported in whole or in part by FVPSA funding, provide examples or
summaries that describe:
Stories concerning individual clients, services, or
community or Statewide initiatives;
Activities that the FVPSA grant allows grantees to do that
they wouldn't be able to do without this funding.
Efforts to identify and meet the needs of underserved
populations, including populations underserved because of ethnic,
racial, cultural, or language diversity or geographic isolation.
Include the ongoing challenges in addressing these needs.
Significant prevention activities conducted during the
program year.
Any additional information that the grantee would like to
share about the State's FVPSA-supported domestic violence programs and
their effectiveness, the unmet needs of victims in the State and what
would be required to meet those needs, or service trends that are
emerging in their communities.
People Served--
An unduplicated count (unduplicated by program but not
across State) of non-residential clients who are women, men, children,
and youth who are intimate partner violence victims.
An unduplicated count (unduplicated by program but not
across State) of residential clients, including the number of shelter
nights, for women, men, children, and youth who are intimate partner
violence victims.
Demographics--For Unduplicated Clients, include the following
demographic categories:
Race/Ethnicity: Black or African American; American
Indian/Alaska Native; Asian; Hispanic or Latino; Native Hawaiian/Other
Pacific Islander; White; Unknown/Other.
Gender: Female; Male; or Not Specified.
Age: 0-17; 18-24; 25-59; 60+; Unknown.
Residential Services--
Total Shelter Nights.
Number of Unmet Requests for Shelter.
Related Services and Assistance--List the related services and
assistance provided to victims and their family members by indicating
the number of hours and or number of service contacts in each of the
following categories:
Crisis/Hotline Calls (Number of Calls).
Supportive Counseling and Advocacy: Individual and group.
Children's Services.
--Supportive Counseling and Advocacy: Individual and group.
--Children's Activities: Individual and group.
Batterer Intervention Services (if Funded through FVPSA):
Individual and group.
Community Education and Public Awareness--Report the number of
presentations and participants that attended presentations/training
for:
Adults/General Population.
Youth Targeted.
Community Awareness Activities (Number of Events Only).
Outcome Data--Report results from FVPSA outcome surveys:
Total number of domestic violence survivors who have more
strategies for enhancing their safety, and total number completing
safety outcome survey; and,
Total number of domestic violence survivors who have more
knowledge about community resources, and total number completing
resource outcome survey.
Performance Reports for the States are due on an annual basis at
the end of the calendar year (December 29). Performance Reports should
be sent to:
[[Page 15278]]
Family Violence Prevention and Services Program,
Family and Youth Services Bureau,
Administration on Children, Youth and Families,
Administration for Children and Families,
Attention: Edna James or Shannon R. Gaskins, 1250 Maryland Avenue, SW.,
Suite 8214, Washington, DC 20024.
Please note that section 42 U.S.C. 10402(a)(4) of FVPSA requires HHS to
suspend funding for an approved application if any State 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-296A 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 grant
awards is due December 29, 2011. The final SF-269A for FY 2011 is due
December 29, 2012. SF-269A can be found at http://www.whitehouse.gov/
omb/grants/grants_forms.html.
Completed reports may be mailed to: Frederick Griefer, Division of
Mandatory Grants, Office of Grants Management, Administration for
Children and Families, 370 L'Enfant Promenade, SW., 6th Floor,
Washington, DC 20447.
Grantees have the option of submitting 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. All funds reported
as unobligated after the obligation period will be recouped.
VII. 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.
VIII. Other Information
FOR FURTHER INFORMATION CONTACT: Edna James at (202) 205-7750 or e-mail
at Edna.James@acf.hhs.gov, or Shannon R. Gaskins at (202) 205-7891 or
e-mail at Shannon.Gaskins@acf.hhs.gov.
Dated: March 27, 2009.
Maiso L. Bryant,
Acting Commissioner, Administration on Children, Youth and Families.
Appendices--Required Assurances and Certifications
A. Assurances.
B. Anti-Lobbying and Disclosure.
C. Environmental Tobacco Smoke.
D. Drug-Free Workplace Requirements.
Appendix A
Assurances of Compliance With Grant Requirements
The undersigned certifies that:
(1) Grant funds under FVPSA will be distributed to local public
agencies and non-profit private organizations (including religious
and charitable organizations and voluntary associations) for
programs and projects within the State to prevent incidents of
family violence and to provide immediate shelter and related
assistance for victims of family violence and their dependents in
order to prevent future violent incidents (42 U.S.C.
10402(a)(2)(A)).
(2) Not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance, as defined in 42
U.S.C. 10421(4) and (5), to victims of family violence and their
dependents and not less than 25 percent of the funds distributed
shall be used to provide related assistance as defined in 42 U.S.C.
10421(5) (42 U.S.C. 10402(g)).
(3) Not more than five percent of the funds will be used for
State administrative costs (42 U.S.C. 10402(a)(2)(B)(i)).
(4) In distributing the funds, the States will give special
emphasis to the support of community-based projects of demonstrated
effectiveness carried out by non-profit, private organizations,
particularly for those projects where the primary purpose is to
operate shelters for victims of family violence and their dependents
and those which provide counseling, advocacy, and self-help services
to victims and their children (42 U.S.C. 10402(a)(2)(B)(ii)).
(5) The State grantee is in compliance with the requirements of
42 U.S.C. 10402(a)(2)(C), as described in this program announcement
(Program Announcement Number HHS-2009-ACF-ACYF-FVPS-0035) under
Section IV, Application Requirements, Content of Application
Submission, paragraphs (2), (3), (4), and (6).
(6) Grants funded by the States will meet the matching
requirements in 42 U.S.C. 10402(f); i.e., not less than 20 percent
of the total funds provided for a project under 42 U.S.C. 110 with
respect to an existing program, and with respect to an entity
intending to operate a new program under 42 U.S.C. 110, not less
than 35 percent. The local share will be cash or in-kind, and the
local share will not include any Federal funds provided under any
authority other than this chapter (42 U.S.C. 10402(f)).
(7) Grant funds made available under this program by the State
will not be used as direct payment to any victim or dependent of a
victim of family violence (42 U.S.C. 10402(d)).
(8) No income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out FVPSA (42 U.S.C. 10402(e)).
(9) The address or location of any shelter or facility assisted
under FVPSA will not be made public, except with the written
authorization of the person or persons responsible for the
operations of such shelter (42 U.S.C. 10402(a)(2)(E)).
(10) The applicant will comply with FVPSA confidentiality
requirements and has established policies, procedures and protocols
that ensure individual identifiers of client records will not be
used when providing statistical data on program activities and
program services and that the confidentiality of records pertaining
to any individual provided domestic violence prevention or treatment
services by any FVPSA-supported program will be strictly maintained
(42 U.S.C. 10402(a)(2)(E)).
[[Page 15279]]
(11) All grants, programs or other activities funded by the
State in whole or in part with funds made available under FVPSA will
prohibit discrimination on the basis of age, handicap, sex, race,
color, national origin or religion (42 U.S.C. 10406).
(12) Funds made available under the FVPSA will be used to
supplement and not supplant other Federal, State and local public
funds expended to provide services and activities that promote the
purposes of the FVPSA (42 U.S.C. 10402 (a)(4).
-----------------------------------------------------------------------
Signature
-----------------------------------------------------------------------
Title
-----------------------------------------------------------------------
Organization
Appendix 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 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.
-----------------------------------------------------------------------
Signature
-----------------------------------------------------------------------
Title
-----------------------------------------------------------------------
Organization
Appendix 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.
Appendix 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;
[[Page 15280]]
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
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)
-----------------------------------------------------------------------
-----------------------------------------------------------------------
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. E9-7504 Filed 4-2-09; 8:45 am]
BILLING CODE 4184-01-P