[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1732-1738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Family Violence Prevention and Services/Grants for Battered
Women's Shelters/Grants to States
Program Office: Administration on Children, Youth and Families
(ACYF), Family and Youth Services Bureau (FYSB).
Program Announcement Number: HHS-2007-ACF-ACYF-FVPS-0123.
Announcement Title: Family Violence Prevention and Services/
Grants for Battered Women's Shelters/Grants to States.
CFDA Number: 93.671.
Due Date for Applications: February 15, 2007.
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.
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in Fiscal Year (FY) 2007.
I. Description
Legislative Authority: Title III of the Child Abuse Amendments of
1984 (Public Law (Pub. L.) 98-457, 42 United States Code (U.S.C.) 10401
et seq.) is entitled the ``Family Violence Prevention and Services
Act'' (FVPSA). FVPSA was first implemented in FY 1986. The statute was
subsequently amended by Pub. L. 100-294, the ``Child Abuse Prevention,
Adoptions, and Family Services Act of 1988;'' further amended in 1992
by Pub. L. 102-295; and then amended in 1994 by Pub. L. 103-322, the
``Violent Crime Control and Law Enforcement Act.'' FVPSA was amended
again in 1996 by Pub. L. 104-235, the ``Child Abuse Prevention and
Treatment Act (CAPTA) of 1996;'' in 2000 by Pub. L. 106-386, the
``Victims of Trafficking and Violence Protection Act,'' and amended
further by Pub. L. 108-36, the ``Keeping Children and Families Safe Act
of 2003.'' FVPSA was most recently amended by Pub. L. 109-162, the
``Violence Against Women Reauthorization Act of 2005'' and by Pub. L.
109-271, which was enacted on August 17, 2006.'' FVPSA may be found at
42 U.S.C. 10401 et seq.
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.
During FY 2006, 241 grants were made to States and Indian Tribes,
Tribal organizations, and non-profit private organizations approved by
Indian Tribes. The U.S. Department of Health and Human Services (HHS)
also made 53 family violence prevention grant U.S. awards to non-profit
State domestic violence coalitions.
In addition, HHS supports the National Resource Center for Domestic
Violence (NRC) and four Special Issue Resource Centers (SIRCs). The
four SIRCs are the Battered Women's Justice Project, the Resource
Center on Child Custody and Protection, Sacred Circle Resource Center
for the Elimination of Domestic Violence Against Native Women, and the
Health Resource Center on Domestic Violence. The purpose of NRC and
SIRCs is to provide resource information, training, and technical
assistance to Federal, State, and Native American agencies, local
domestic violence prevention programs, and other professionals who
provide services to victims of domestic violence. In February 1996, HHS
funded the National Domestic Violence Hotline (Hotline) to ensure that
every woman and man 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 to women across the country. 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.
General Grant Program Requirements Applicable to States
Definitions
States should use the following definitions in carrying out their
programs. The definitions are found in section 320 of FVPSA.
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
[[Page 1733]]
healing from the effects of the violence. Related assistance includes:
(a) 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 prevention programs for school-age children,
family violence public awareness campaigns, and violence prevention
counseling services to abusers;
(b) Counseling with respect to family violence, counseling or other
supportive services provided by peers individually or in groups, and
referral to community social services;
(c) 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;
(d) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(e) 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.
Annual State Administrators Grantee Conference
The annual grantee conference for the State FVPSA Administrators is
a training and technical assistance activity. A subsequent Program
Instruction and/or Information Memorandum will advise the State FVPSA
Administrators of the date, time and location of their grantee
conference.
Client Confidentiality
FVPSA programs must establish or implement policies and protocols
for maintaining the safety and confidentiality of the adult victims and
their children of domestic violence, sexual assault, and stalking. 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 (section 303(a)(2)(E)).
The confidentiality provisions described at 42 U.S.C., section
13701, apply to programs funded under the Violence Against Women Act,
as amended, including certain awards made under the Family Violence
Prevention and Services Act. These confidentiality requirements were
strengthened and clarified with the passage of the Violence Against
Women Reauthorization Act of 2005, Pub. L. 109-162, as recently amended
by Pub. L. 109-271. The revised confidentiality provisions impose
conditions regarding the disclosure of personally identifying
information, confidentiality, information sharing, and compulsory
release of information.
Stop Family Violence Postal Stamp
The U.S. Postal Service was directed by the ``Stamp Out Domestic
Violence Act of 2001'' (the Act), Pub. L. 107-62, to make available a
``semipostal'' stamp to provide funding for domestic violence programs.
Funds raised in connection with sales of the stamp, less reasonable
costs, have been transferred to HHS in accordance with the Act for
support of services to children and youth affected by domestic
violence.
As of FY 2006, $2.3 million has been transferred and made available
in support of grants for ``Demonstration Programs for The Enhanced
Services to Children and Youth Who Have Been Exposed to Domestic
Violence.'' Sixty-five (65) applications were received and reviewed and
nine (9) successful applicants are in the second year of their
projects. The project sites are in Castle Rock, CO; Harrisburg, PA;
Oklahoma City, OK; Eugene, OR; Oakland, CA; Albany, NY; Lansing, MI;
Richmond, VA; and Washington, DC. ACF anticipates information on the
progress and activities of the successful applicants and their programs
in FY 2007.
The Importance of Coordination of Services
The impacts of domestic violence include physical injury and death
of primary or secondary victims, psychological trauma, isolation from
family and friends, harm to children witnessing or experiencing
violence in homes in which the violence occurs, increased fear, reduced
mobility and employability, homelessness, substance abuse, and a host
of other health and related mental health consequences.
Coordination and collaboration among the police, prosecutors, the
courts, victim services providers, child welfare and family
preservation services, and medical and mental health service providers
is needed to provide more responsive and effective services to victims
of domestic violence and their families. It is essential that all
interested parties are involved in the design and improvement of
intervention and prevention activities.
To help bring about a more effective response to the problem of
domestic 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 domestic violence and related issues.
National Data Collection and Outcomes Measurement (DOW)
The need to accurately communicate reliable and appropriate data
that capture the impact of domestic violence prevention and
intervention efforts, and to provide shelters, States and State
domestic violence coalitions with tools for self-assessment, continues
as the Documenting Our Work (DOW) Initiative. In collaboration with
partners at the State FVPSA programs, State domestic violence
coalitions, and experts on both data collection and domestic violence
prevention issues, the effort to develop informative, succinct and non-
burdensome reporting formats continues. During FY 2006 and in concert
with State FVPSA administrators, State domestic violence coalitions,
and local service providers, four (4) States have volunteered as pilot
sites to assess proposed program reporting procedures and test the
reliability of the outcome measures for FVPSA programs. Any recommended
changes for information and reporting formats will be accompanied by
specifically designated workshops or adjunctive discussions to
regularly occurring meetings.
II. Funds Available
For FY 2007, HHS will make available for grants to designated State
agencies 70 percent of the amount appropriated under section 310(a)(1)
of FVPSA, which is not reserved under section 310(a)(2). In separate
announcements, HHS will allocate 10 percent of the foregoing
appropriation to Tribes and Tribal organizations for the establishment
and operation of shelters, safe houses, and the provision of related
services; and 10 percent to the State Domestic Violence Coalitions to
continue their work within the domestic violence community by providing
technical assistance and training, and advocacy services among other
activities with local domestic violence programs and to encourage
appropriate responses to domestic violence within the States.
[[Page 1734]]
Five percent of the amount appropriated under section 310(a)(1) of
FVSPA, which is not reserved under section 310(a)(2), will be available
in FY 2007 to continue the support for the NRC and the four SIRCs.
Additional funds appropriated under FVPSA will be used to support other
activities, including training and technical assistance, collaborative
projects with advocacy organizations and service providers, data
collection efforts, public education activities, research and other
demonstration projects, as well as the ongoing operation of the
Hotline.
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 has to the
population of all States (section 304(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 section 181 of Title 13.
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 (section 304(a)(1)).
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
2007 funds may be used for expenditures from October 1, 2006, through
September 30, 2008. Funds are available for obligation through
September 30, 2008, and must be liquidated by September 30, 2009.
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 2007 grant funds that are made available
to the States through re-allotment, under section 304(d)(2), must be
expended by the State no later than September 30, 2008.
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 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, 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 Paperwork Reduction Act of 1995 (Pub. L. 104-13)
Public reporting burden for this collection of information is
estimated to average six hours per response, including the time for
reviewing instructions, gathering and maintaining the data needed and
reviewing the collection information.
The project description is approved under the Office of Management
and Budget (OMB) control number 0970-0280, which expires October 31,
2008. 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.
Form and 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 of 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 of a contact person if different from the Chief Program
Official (section 303(a)(2)(D)).
(2) A plan describing in detail how the needs of underserved
populations will be met. ``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, alienage status, or age), and any other population
determined to be underserved by the State planning process in
consultation with the Attorney General (section 303(a)(2)(C)).
(a) Identify the underserved populations that are being targeted
for outreach and services.
(b) In meeting the needs of the underserved population, describe
the domestic violence training that will be provided to the individuals
who will do the outreach and intervention to these populations.
Describe the specific service environment, e.g., new shelters; services
for the battered, elderly, women of color, etc.
(c) Describe the public information component of the State's
outreach program; the elements of the 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 State domestic violence coalitions, knowledgeable
individuals, and interested organizations, and assure whether a grantee
is in compliance with section 303(a)(2) as required by sections 303
(a)(2)(C) and 311(a)(5).
(4) Provide a complete description of the process and procedures to
be implemented that allow for the participation of the State domestic
violence coalition in planning and monitoring the distribution of grant
funds and determining whether a
[[Page 1735]]
grantee is in compliance with section 303(a)(2) as required by sections
303(a)(2)(C) and 311(a)(5).
(5) Provide a copy of the procedures developed and implemented that
assure the confidentiality of records pertaining to any individual who
has been provided family violence prevention or treatment services by
any program assisted under FVPSA (section 303(a)(2)(E)).
(6) Include a description of how the State plans to use the grant
funds; a description of the target population; the number of shelters
to be funded; the services the State will provide; and the expected
results from the use of the grant funds (section 303(a)(2)).
(7) Provide a copy of the law or procedures that the State has
implemented for the eviction of an abusive spouse from a shared
household (section 303 (a)(2)(F)).
Assurances
Each application must provide the following assurances:
(1) That 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 (section 303(a)(2)(A)).
(2) That not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance, as defined in
section 320(5)(A), to the victims of family violence and their
dependents and not less than 25 percent of the funds distributed shall
be used to provide related assistance (section 303(g)).
(3) That not more than five percent of the funds will be used for
State administrative costs (section 303(a)(2)(B)(i)).
(4) That 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 (section 303(a)(2)(B)(ii)).
(5) That grants funded by the States will meet the matching
requirements in section 303(f), i.e., not less than 20 percent of the
total funds provided for a project under Chapter 110 of Title 42 of the
U.S.C. with respect to an existing program, and with respect to an
entity intending to operate a new program under this Title, 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 (section 303(f)).
(6) That 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 (section 303(d)).
(7) That no income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out FVPSA (section 303(e)).
(8) That the address or location of any shelter-facility assisted
under FVPSA will not be made public, except with the written
authorization of the person or persons responsible for the operation of
such shelter (section 303(a)(2)(E)).
(9) That 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 (section 307).
(10) That 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 (section 303(a)(4).
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 A):
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
B): Applicants must also understand they will be held accountable for
the smoking prohibition included within Pub. L. 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 providing the certification
and need not mail back the certification with the application.
Certification Regarding Drug-Free Workplace Requirements (See
Appendix C): 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.
The Drug-Free Workplace certification does not have to be returned with
the application. These certifications also may 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 and Youth Services Bureau,
Administration on Children, Youth and Families, Administration for
Children and Families, Attention: Ms. Sunni Knight, 1250 Maryland
Avenue, SW., Room 8240, 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
Section 303(a)(4) requires that States file a performance report
with HHS describing the activities carried out, and inclusion of an
assessment of the effectiveness of those activities in achieving the
purposes of the grant. Section 303(a)(5) requires that the State file a
report that contains a description of the activities carried out with
funds expended for State administrative costs.
A section of this performance report must be completed by each
grantee or sub-grantee that performed the direct services contemplated
in the State's
[[Page 1736]]
application certifying performance of such services. State grantees
should compile performance reports into a comprehensive report for
submission.
The Performance Report should include the following data elements
as well as narrative examples of success stories about the services
that were provided. The Performance Report should include the following
data elements:
Funding--The total amount of the FVPSA grant funds awarded. The
percentage of FVPSA funds as a portion of total funding. The percentage
of FVPSA funding used for shelters, and the percentage of funding used
for related assistance and services.
Shelters--The total number of shelters and shelter alternatives
(safe homes/motels, etc.) assisted by FVPSA program funding. Data
elements should include:
The number of women sheltered.
The number of shelters in the State.
The number of safe houses and shelter alternatives in the
State.
The number of non-residential programs assisted by FVPSA
in the State.
The number of young children sheltered (birth-12 years of
age).
The number of teenagers and young adults sheltered (13-18
years of age).
The number of men sheltered.
The number of elderly sheltered (greater than 55 years of
age).
The number of elderly individuals provided non-residential
services.
The average length of shelter stay.
The number of women, children, teens, and others who at
were referred to other shelters due to a lack of space.
Types of individuals served--Record information by numbers and
percentages of the total population served. Individuals and special
populations served should include:
Elderly; and
Individuals with physical challenges.
Related assistance and services--List the types of related
assistance and services provided to victims and their family members by
indicating the number of women, children and men who have received
services. Services and assistance may include, but are not limited to,
the following:
Individual counseling;
Group counseling;
Crisis intervention hotline;
Information and referral;
Batterers' support services;
Legal advocacy services;
Transportation;
Services to teenagers;
Emergency child care;
Training and technical assistance; and
Housing advocacy.
Volunteers--List the total number of volunteers and hours worked.
Service referrals--List the number of women, children and men
referred for the following service reasons:
Physical abuse;
Alcohol abuse;
Drug abuse;
Batterer intervention services;
Emergency medical intervention; and
Law enforcement intervention.
Narratives of success stories--Provide narratives of success
stories of services provided and the positive impact on the lives of
children and families. Examples may include the following:
An explanation of the activities carried out, including an
assessment of the major activities supported by the family violence
funds, what particular priorities within the State were addressed and
what special emphases were placed on these activities;
A description of the specific services and facilities that
the applicant's agency funded, contracted with, or otherwise used in
the implementation of its program (e.g., shelters, safe-houses, related
assistance, programs for batterers);
An assessment of the effectiveness of the direct service
activities contemplated in the application;
A description of how the needs of under-served
populations, including populations under-served because of ethnic,
racial, cultural, language diversity or geographic isolation were
addressed;
A description and assessment of the prevention activities
supported during the program year, e.g., community education events,
and public awareness efforts; and
A discussion of exceptional issues or problems arising,
but not addressed, in the application.
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: Family Violence Prevention and Services Program, Family and
Youth Services Bureau, Administration on Children, Youth and Families,
Administration for Children and Families, Attention: William D. Riley,
1250 Maryland Avenue, SW., Room 8402, Washington, DC 20024.
Please note that section 303(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 is due December 29, 2007. It covers expenditures from date of
award through September 30, 2007. The interim SF-269A is due December
29, 2008. The final SF-269A is due December 29, 2009. SF-269A can be
found at http://www.whitehouse.gov/omb/grants/grants_forms.html.
Completed reports may be mailed to: Rachel Hickson, Division of
Mandatory Grants, Office of Grants Management, Administration for
Children and Families, 370 L'Enfant Promenade, SW., 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. The Division of Mandatory Grants can
assist grantees with access to OLDC.
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
States will comply with the applicable HHS recordkeeping and
reporting requirements and general requirements for the administration
of grants under 45 CFR Part 92.
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 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/regs.html.
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: William D. Riley at (202) 401-5529
or e-mail at WRiley@acf.hhs.gov, or Sunni Knight at (202) 401-5319 or
e-mail at GKnight@acf.hhs.gov.
[[Page 1737]]
Dated: January 4, 2007.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.
Appendices--Required Certifications
A. Certification Regarding Lobbying
B. Environmental Tobacco Smoke
C. Drug-Free Workplace Requirements
Appendix A--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.
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Appendix B--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 C--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 pint 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;
[[Page 1738]]
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:
(a) 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;
(b) Establishing an ongoing drug-free awareness program to
inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) 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);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
(1) Abide by the terms of the statement; and
(2) 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;
(e) 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;
(f) 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--
(1) 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
(2) 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;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
(B) 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)
(a) 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;
(b) 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. E7-373 Filed 1-12-07; 8:45 am]
BILLING CODE 4184-01-P