[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1738-1743]
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 to State Domestic
Violence Coalitions
Program Office: Administration on Children, Youth, and Families
(ACYF), Family and Youth Services Bureau (FYSB)
Program Announcement Number: HHS-2007-ACF-ACYF-SDVC-0122
Announcement Title: Family Violence Prevention and Services/Grants
to State Domestic Violence Coalitions
CFDA Number: 93.591
Due Date for Applications: February 15, 2007.
Executive Summary: This announcement governs the proposed award of
formula grants under the Family Violence Prevention and Services Act
(FVPSA) to private, non-profit State Domestic Violence Coalitions
(Coalitions). The purpose of these grants is to assist in the conduct
of activities to promote domestic violence intervention and prevention
and to increase public awareness of domestic violence issues.
This notice for family violence prevention and services grants to
Coalitions serves two purposes. The first is to confirm a Federal
commitment to reducing domestic violence; and the second purpose is to
urge States, localities, cities, and the private sector to become
involved in State and local planning towards an integrated service
delivery approach.
I. Description
Legislative Authority: Title III of the Child Abuse Amendments of
1984 (Pubic 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 Fiscal Year (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.''
Background
Section 311 of FVPSA authorizes the U.S. Department of Health and
Human Services (HHS) Secretary to award grants to statewide, private,
non-profit Coalitions to conduct activities to promote domestic
violence intervention and prevention and to increase public awareness
of domestic violence issues.
Annual State Domestic Violence Coalition Grantee Conference
Coalitions should plan to send one or more representatives to the
annual grantee conference. A subsequent Program Instruction and/or
Information Memorandum will advise Coalition 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
[[Page 1739]]
will not be used (see Section 303(a)(2)(E)).
The confidentiality provisions described at 42 U.S.C., 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 in
FY2005 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: 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 improvements of
intervention and prevention activities.
To help bring about a more effective response to the problem of
domestic violence, HHS urges the designated Coalitions receiving funds
under this grant announcement to continue to coordinate activities
funded under this grant with other new and existing resources for the
prevention of family and intimate violence and related issues.
National Data Collection and Outcomes Measurement
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 Coalitions
with tools for self-assessment continues as the Documenting our Work
(DOW) Initiative. In collaboration with our partners at the State FVPSA
programs, 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, Coalitions and
local service providers, four 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
In FY 2007, HHS will make 10 percent of the amount appropriated
under section 310(a)(1) of the FVPSA, which is not reserved under
section 310(a)(2), available for grants to the State-designated,
statewide, domestic violence Coalitions. One grant will be available
for each of the Coalitions in the 50 States, the Commonwealth of Puerto
Rico, and the District of Columbia. The Coalitions of the U.S.
Territories (Guam, U.S. Virgin Islands, Northern Mariana Islands,
American Samoa, and Trust Territory of the Pacific Islands) are also
eligible for grant awards under this announcement.
Expenditure Period
FVPSA funds may be used for expenditures on or after October 1 of
each fiscal year for which they are granted and will be available for
expenditure through September 30 of the following fiscal year, i.e., FY
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.
III. Eligibility
To be eligible for grants under this program announcement, an
organization shall be designated as a statewide, private, non-profit
domestic violence coalition meeting the following criteria:
(1) The membership of the Coalition includes representatives from a
majority of the programs for victims of domestic violence operating
within the State (a Coalition may include representatives of Indian
Tribes and Tribal organizations as defined in the Indian Self-
Determination and Education Assistance Act);
(2) The Board membership of the Coalition is representative of such
programs;
(3) The purpose of the Coalition is to provide services, community
education, and technical assistance to domestic violence programs in
order to establish and maintain shelter and related services for
victims of domestic violence and their children; and
(4) In the application submitted by the Coalition for the grant,
the Coalition provides assurances satisfactory to the Secretary that
the Coalition:
(a) Has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial entities in the
preparation of the application; and
(b) Will actively seek and encourage the participation of such
entities in the activities carried out with the grant (Section
311(b)(4)).
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
[[Page 1740]]
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
on-line at http://www.dnb.com.
Survey for Private Non-Profit Grant Applicants
Private, non-profit organizations are encouraged to submit with
their applications the survey located under ``Grant Related Documents
and Forms,'' ``Survey for Private, Non-Profit Grant Applicants,''
titled, ``Survey on Ensuring Equal Opportunity for Applicants,'' at:
http://www.acf.hhs.gov/programs/ofs/forms.htm.
IV. Application Requirements For State Domestic Violence Coalition
(Coalitions) Applications
This section includes application requirements for family violence
prevention and services grants for Coalitions, as follows:
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 Coalition application must be signed by the Executive Director
of the Coalition or the official designated as responsible for the
administration of the grant. The application must contain the following
information:
(We have cited each requirement to the specific section of the
law.)
(1) A description of the process and anticipated outcomes of
utilizing these Federal funds to work with local domestic violence
programs and providers of direct services to encourage appropriate
responses to domestic violence within the State, including--Training
and technical assistance for local programs and professionals working
in the field:
(a) Planning and conducting State needs assessments and planning
for comprehensive services;
(b) Serving as an information clearinghouse and resource center for
the State; and
(c) Collaborating with other governmental systems that affect
battered women (Section 311(a)(1)).
(2) A description of the public education campaign regarding
domestic violence to be conducted by the Coalition through the use of
public service announcements and informative materials that are
designed for print media; billboards; public transit advertising;
electronic broadcast media; and other forms of information
dissemination that inform the public about domestic violence, including
information aimed at underserved racial, ethnic or language-minority
populations (Section 311(a)(4)).
(3) The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with judicial and law
enforcement agencies concerning appropriate responses to domestic
violence cases and an examination of related issues as set forth in
Section 311(a)(2) of the FVPSA.
(4) The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with Family Law Judges,
Criminal Court Judges, Child Protective Services agencies, Child
Welfare agencies, Family Preservation and Support Service agencies, and
children's advocates to develop appropriate responses to child custody
and visitation issues in domestic violence cases and in cases where
domestic violence and child abuse are both present. Appropriate
responses identified in section 311(a)(3) of the FVPSA should be
included. The anticipated outcomes and a description of other
activities in support of the general purpose of furthering domestic
violence intervention and prevention (Section 311(a)(3)).
(5) The following documentation will certify the status of the
Coalition and must be included in the grant application:
(a) A description of the procedures developed between the State
domestic violence agency and the statewide Coalition that allow for
implementation of the following cooperative activities:
(i) The participation of the Coalition in the planning and
monitoring of the distribution of grants and grant funds provided in
the State (Section 311(a)(5)); and
(ii) The participation of the Coalition in compliance activities
regarding the State's family violence prevention and services program
grantees (Sections 303(a)(2)(C) and (a)(3)).
(b) Unless already on file at HHS, a copy of a currently valid
501(c)(3) certification letter from the IRS stating private, non-profit
status; or a copy of the applicant's listing in the IRS' most recent
list of tax-exempt organizations described in Section 501(c)(3) of the
IRS code; or
(c) A copy of the articles of incorporation bearing the seal of the
State in which the corporation or association is domiciled;
(d) A current list of the organizations operating programs for
victims of domestic violence programs in the State and the applicant
Coalition's current membership list by organization;
(e) A list of the applicant Coalition's current Board of Directors,
with each individual's organizational affiliation and the Chairperson
identified;
(f) A copy of the resume of any Coalition or contractual staff to
be supported by funds from this grant and/or a statement of
requirements for staff or consultants to be hired under this grant; and
(g) A budget narrative that clearly describes the planned
expenditure of funds under this grant.
(6) Required Documentation and Assurances (included in the
application as an appendix):
(a) The applicant Coalition must provide documentation in the form
of support letters, memoranda of agreement, or jointly signed
statements, that the Coalition:
(i) Has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial organizations in the
preparation of the grant application (Section 311(b)(4)(A)); and
(ii) Will actively seek and encourage the participation of such
organizations in grant funded activities (Section 311(b)(4)(B)).
(b) The applicant Coalition must provide a signed statement that
the Coalition will not use grant funds, directly or indirectly, to
influence the issuance, amendment, or revocation of any Executive Order
or similar legal document by any Federal, State or local agency, or to
undertake to influence the passage or defeat of any legislation by the
Congress, or any State, or local legislative body, or State proposals
by
[[Page 1741]]
initiative petition, except where representatives of the Coalition are
testifying, or making other appropriate communications, or when
formally requested to do so by a legislative body, a committee, or a
member of such organization (Section 311(d)(1)); or in connection with
legislation or appropriations directly affecting the activities of the
Coalition or any member of the Coalition (Section 311(d)(2)).
(c) The applicant Coalition must provide a signed statement that
the Coalition will prohibit discrimination on the basis of age,
handicap, sex, race, color, national origin or religion (Section 307).
(d) The applicant will comply with Departmental requirements for
the administration of grants under 45 CFR Part 74--Uniform
Administrative Requirements for Awards and Subawards to Institutions of
Higher Education, Hospitals, Other Non-profit Organizations and
Commercial Organizations.
Certifications
All applicants must submit or comply with the required
certifications found in the Appendices, as follows:
Certification Regarding Lobbying (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 that 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 program official
attests to the applicants' 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
This program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs'' for State plan
consolidation and simplification only--45 CFR 100.12. The review and
comment provisions of the Executive Order and Part 100 do not apply.
Applications should be sent to: Family 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.
V. Reporting Requirements
Performance Reports
The Coalition grantee must submit an annual report of activities
describing the coordination, training and technical assistance, needs
assessment, and comprehensive planning activities carried out.
Additionally, the Coalition must report on the public information and
education services provided; the activities conducted in conjunction
with judicial and law enforcement agencies; the actions conducted in
conjunction with other agencies such as the State child welfare agency;
and any other activities undertaken under this grant award. The annual
report also must provide an assessment of the effectiveness of the
grant-supported activities.
The annual report is due 90 days after the end of the fiscal year
in which the grant is awarded, i.e., December 29. Annual reports should
be sent to: Family 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 HHS may suspend funding for an approved
application if any applicant fails to submit an annual performance
report or if the funds are expended for purposes other than those set
forth under this announcement.
Financial Status Reports
Grantees must submit annual Financial Status Reports. The first SF-
269A 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 the following URL: http://www.whitehouse.gov/omb/grants/
grants_forms.html
.
Completed reports should be sent to: Rachel Hickson, Division of
Mandatory Grants, Office of Grants Management, Office of
Administration, Administration for Children and Families, 370 L'Enfant
Promenade, SW., Washington, DC 20447.
Grantees have the option to submit their reports online through the
Online Data Collection (OLDC) system at the following address: https://
extranet.acf.hhs.gov/ssi.
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. In addition, all funds reported after the obligation period will
be recouped.
VI. Administrative and National Policy Requirements
Grantees are subject to the requirements in 45 CFR Part 74.
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
.
VII. Other Information
For Further Information Contact: William D. Riley at (202) 401-5529
or e-mail at WRiley@acf.hhs.gov.
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
[[Page 1742]]
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; consultants or independent contractors not on
the grantee's payroll; or employees of subrecipients or
subcontractors in covered workplaces).
[[Page 1743]]
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. E7-374 Filed 1-12-07; 8:45 am]
BILLING CODE 4184-01-P