[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48974-48976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19907]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Notice of Intent To Award Patient Protection and Affordable Care 
Act Funding to Approved But Unfunded Applications (ABU) Formerly 
Received in Response to the American Recovery and Reinvestment Act of 
2009 (ARRA) Centers for Disease Control and Prevention Funding 
Opportunity DP09-912ARRA09, ``Communities Putting Prevention to Work 
(CPPW)''

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice.

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SUMMARY: This notice provides notice of CDC's intent to fund additional 
Approved but Unfunded (ABU) cooperative agreement applications 
previously received and competed in response to CDC Funding 
Opportunity, CDC-RFA-DP09-912ARRA09, ``Communities Putting Prevention 
to Work'' (CPPW). It is the intent of CDC to fund additional previously 
received applications with Patient Protection Affordable Care Act 
(PPACA), Section 4002, appropriations. To this end, CDC will remove the 
following ARRA-Specific Requirements published in the aforementioned 
funding opportunity announcement:

--Catalogue of Domestic Assistance Number 93.724
--Recovery Act-Specific Reporting Requirements

    Recipients of Federal awards from funds authorized under Division A 
of the Recovery Act must comply with all requirements specified in 
Division A of the Recovery Act (Pub. L. 111-5), including reporting 
requirements outlined in Section 1512 of the Act and designated 
Recovery Act outcome and output measures as detailed at the end of this 
section. For purposes of reporting, Recovery Act recipients must report 
on Recovery Act sub-recipient (sub-grantee and sub-contractor) 
activities as specified below.
    Not later than 10 days after the end of each calendar quarter, 
starting with the quarter ending ------------; and reporting by ------
------, the recipient must submit quarterly reports to HHS that will 
posted to Recovery.gov, containing the following information:
    a. The total amount of Recovery Act funds under this award;
    b. The amount of Recovery Act funds received under this award that 
were obligated and expended to projects or activities;
    c. The amount of unobligated award balances;
    d. A detailed list of all projects or activities for which Recovery 
Act funds under this award were obligated and expended, including
     The name of the project or activity;
     A description of the project or activity;
     An evaluation of the completion status of the project or 
activity;
     An estimate of the number of jobs created and the number 
of jobs retained by the project or activity (see OMB Guidance M-09-21, 
June 22, 2009) and;
     For infrastructure investments made by State and local 
governments, the purpose, total cost, and rationale of the agency for 
funding the infrastructure investment with funds made available under 
this Act, and the name of the person to contact at the agency if there

[[Page 48975]]

are concerns with the infrastructure investment.
    e. Detailed information on any sub-awards (sub-contracts or sub-
grants) made by the grant recipient to include the data elements 
required to comply with the Federal Funding Accountability and 
Transparency Act of 2006 (Pub. L. 109-282).
    For any sub-award equal to or larger than $25,000, the following 
information:
     The name of the entity receiving the sub-award;
     The amount of the sub-award;
     The transaction type;
     The North American Industry Classification System code or 
Catalog of Federal Domestic Assistance (CFDA) number;
     Program source;
     An award title descriptive of the purpose of each funding 
action;
     The location of the entity receiving the award;
     The primary location of performance under the award, 
including the city, State, congressional district, and county.
     A unique identifier of the entity receiving the award and 
of the parent entity of the recipient, should the entity be owned by 
another entity;
     The date the sub-award was issued;
     The term of the sub-award (start/end dates);
     The scope/activities of the sub-award;
     The amount of the total sub-award that has been obligated 
or disbursed by the sub-recipient; and
     The amount of the total sub-award that remains unobligated 
by the sub-recipient.
    f. All sub-awards less than $25,000 or to individuals may be 
reported in the aggregate, as prescribed by HHS.
    g. Recipients must account for each Recovery Act award and sub-
award (sub-grant and sub-contract) separately. Recipients will draw 
down Recovery Act funds on an award-specific basis. Pooling of Recovery 
Act award funds with other funds for drawdown or other purposes is not 
permitted.
    h. Recipients must account for each Recovery Act award separately 
by referencing the assigned CFDA number for each award.
    The definition of terms and data elements, as well as any specific 
instructions for reporting, including required formats, will be 
provided in subsequent guidance issued by HHS.

Buy American--Use of American Iron, Steel, and Manufactured Goods

    Recipients may not use any funds obligated under this award for the 
construction, alteration, maintenance, or repair of a public building 
or public work unless all of the iron, steel, and manufactured goods 
used in the project are produced in the United States unless HHS waives 
the application of this provision. (Recovery Act Sec. 1605)

Wage Rate Requirements

    [This term and condition shall not apply to tribal contracts funded 
with this appropriation. (Recovery Act Title VII--Interior, 
Environment, and Related Agencies, Department of Health and Human 
Services, Indian Health Facilities)] Subject to further clarification 
issued by the Office of Management and Budget, and notwithstanding any 
other provision of law and in a manner consistent with other provisions 
of Recovery Act, all laborers and mechanics employed by contractors and 
subcontractors on projects funded directly by or assisted in whole or 
in part by and through the Federal Government pursuant to this award 
shall be paid wages at rates not less than those prevailing on projects 
of a character similar in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chapter 31 of title 40, 
United States Code. With respect to the labor standards specified in 
this section, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code. (Recovery Act Sec. 1606)

Preference for Quick Start Activities (Recovery Act)

    In using funds for this award for infrastructure investment, 
recipients shall give preference to activities that can be started and 
completed expeditiously, including a goal of using at least 50 percent 
of the funds for activities that can be initiated not later than 120 
days after the date of the enactment of Recovery Act. Recipients shall 
also use grant funds in a manner that maximizes job creation and 
economic benefit. (Recovery Act Sec. 1602)

Limit on Funds (Recovery Act)

    None of the funds appropriated or otherwise made available in 
Recovery Act may be used by any State or local government, or any 
private entity, for any casino or other gambling establishment, 
aquarium, zoo, golf course, or swimming pool. (Recovery Act Sec. 1604)

Disclosure of Fraud or Misconduct

    Each recipient or sub-recipient awarded funds made available under 
the Recovery Act shall promptly refer to the HHS Office of Inspector 
General any credible evidence that a principal, employee, agent, 
contractor, sub-recipient, subcontractor, or other person has submitted 
a false claim under the False Claims Act or has committed a criminal or 
civil violation of laws pertaining to fraud, conflict of interest, 
bribery, gratuity, or similar misconduct involving those funds. The HHS 
Office of Inspector General can be reached at http://www.oig.hhs.gov/fraud/hotline/

Recovery Act: One-Time Funding

    Unless otherwise specified, Recovery Act funding to existent or new 
awardees should be considered one-time funding.

Schedule of Expenditures of Federal Awards

    Recipients agree to separately identify the expenditures for each 
grant award funded under Recovery Act on the Schedule of Expenditures 
of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required 
by Office of Management and Budget Circular A-133, ``Audits of States, 
Local Governments, and Non-Profit Organizations.'' This identification 
on the SEFA and SF-SAC shall include the Federal award number, the 
Catalog of Federal Domestic Assistance (CFDA) number, and amount such 
that separate accountability and disclosure is provided for Recovery 
Act funds by Federal award number consistent with the recipient reports 
required by Recovery Act Section 1512(c). (2 CFR 215.26, 45 CFR 74.26, 
and 45 CFR 92.26)

Responsibilities for Informing Sub-Recipients

    Recipients agree to separately identify to each sub-recipient, and 
document at the time of sub-award and at the time of disbursement of 
funds, the Federal award number, any special CFDA number assigned for 
Recovery Act purposes, and amount of Recovery Act funds. (2 CFR 215.26, 
45 CFR 74.26, and 45 CFR 92.26)

Reporting Jobs Creation

    HHS' recipients of Recovery Act funding who are subject to Section 
1512 reporting should report job-created data as prescribed in Section 
5 of the Office of Management and Budget (OMB) guidance M-09-21. HHS 
will not accept statistical sampling methods to estimate the number of 
jobs created and retained. All recipients must report a direct and 
comprehensive count of jobs, as specified by OMB guidance M-09-21. See 
Section 5.3 of the OMB guidance for more information on calculating 
jobs,

[[Page 48976]]

including job estimation examples. For the full OMB guidance, please 
visit: http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21.pdf.

Conclusion of Recovery Act-Specific Reporting Requirements

Recipient Reporting Requirements under PPACA

    The removal of ARRA Section 1512 Reporting Requirements does not 
absolve the applicant from reporting project status as well as the 
other terms and conditions set forth in the above-referenced CPPW FOA 
and the Notice of Cooperative Agreement Award. Recipients funded with 
PPACA appropriations will be required to report project status on a 
semi-annual basis. Specific reporting requirements will be detailed in 
the Terms and Conditions of the Notice of Cooperative Agreement Award.
    CFDA Number 93.520 is the PPACA-specific CFDA number for this 
initiative. It will replace CFDA Number 93.724 published in the above-
referenced CPPW Funding Opportunity Announcement (FOA).
    Award Information:
    Approximate Current Fiscal Year Funding: $34,000,000.
    Approximate Number of Awards: 11.
    Approximate Average Award: $3,000,000.
    Fiscal Year Funds: Patient Protection and Affordable Health Care 
Act of 2010.
    Anticipated Award Date: 30 Sep 2010.
    Budget Period: 24 months.
    Project Period: 24 months.
    Application Selection Process: CDC will apply the same selection 
methodology published in the CPPW FOA, CDC-RFA-DP09-912ARRA09.
    Applications will be funded in order by score and rank determined 
by the previously held review panel.
    In addition, as was referenced in the CPPW FOA, funding decisions 
may be made to ensure:
     Representation of tobacco and obesity/physical activity/
nutrition across communities, including a varied type of interventions 
and evidence-based strategies.
     Geographic distribution of The Communities Putting 
Prevention to Work Initiative nationwide.
     Inclusion of communities of varying sizes, including 
rural, suburban, and urban communities.
     Inclusion of populations disproportionately affected by 
chronic disease and associated risk factors.

CDC will provide justification for any decision to fund out of rank 
order.
    CDC will add the following Authority to that which is reflected in 
the published Funding Opportunity:
--Section 4002 of the Patient Protection and Affordability Care Act 
(Public Law 111-148.)


DATES: The effective date for this action is August 12, 2010 and 
remains in effect until the expiration of the project period of the 
PPACA funded applications.

FOR FURTHER INFORMATION CONTACT: Elmira Benson, Deputy Director, 
Centers for Disease Control and Prevention, 2920 Brandywine Road, 
Atlanta, GA 30341, telephone: (770) 488-2802, e-mail: [email protected]

SUPPLEMENTARY INFORMATION: On March 23, 2010, the President signed into 
law the Patient Protection and Affordable Care Act (PPACA). PPACA is 
designed to improve and expand the scope of health care coverage for 
Americans. Cost savings through disease prevention is an important 
element of this legislation and PPACA has established a Prevention and 
Public Health Fund (PPHF) for this purpose. Specifically, the 
legislation states in Section 4002 that the PPHF is to ``provide for 
expanded and sustained national investment in prevention and public 
health programs to improve health and help restrain the rate of growth 
in private and public sector health care costs''. PPACA and the 
Prevention and Public Health Fund make improving public health a 
priority with investments to improve public health.
    The PPHF states that the Secretary shall transfer amounts in the 
Fund to accounts within the Department of Health and Human Services to 
increase funding, over the fiscal year 2008 level, for programs 
authorized by the Public Health Services Act, for prevention, wellness 
and public health activities including prevention research and health 
screenings, such as the Community Transformation Grant Program, the 
Education and Outreach Campaign for Preventative Benefits, and 
Immunization Programs.
    Both ARRA and PPACA legislation affords an important opportunity to 
advance public health across the lifespan and to reduce health 
disparities by supporting an intensive community approach to chronic 
disease prevention and control. Therefore, awarding cooperative 
agreements with PPACA funds under PPHF to ABUs to carry out CPPW 
objectives is consistent with the purpose of PPHF, as stated above, to 
provide for the expanded and sustained national investment in 
prevention and public health programs. Further, the Secretary allocated 
funds to CDC, pursuant to the PPHF, for the types of activities that 
the CPPW initiative is designed to carry out.
    Therefore, the CPPW program activities CDC proposes to fund with 
PPACA appropriations are authorized by the amendment to the Public 
Health Services Act which authorized the Prevention and Wellness 
Program as embodied in CDC RFA DP09-912ARRA09.

    Dated: August 5, 2010.
Tanja Popovic,
Deputy Associate Director for Science, Centers for Disease Control and 
Prevention.
[FR Doc. 2010-19907 Filed 8-11-10; 8:45 am]
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