[Federal Register: April 3, 2009 (Volume 74, Number 63)]
[Notices]
[Page 15280-15287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap09-36]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[HHS-2009-ACF-ACYF-FVPS-0032]
Family Violence Prevention and Services/Grants for Domestic
Violence Shelters/Grants to Native American Tribes (Including Alaska
Native Villages) and Tribal Organizations
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Program Office............... Administration on Children, Youth and
Families (ACYF), Family and Youth
Services Bureau (FYSB).
Funding Opportunity Number... HHS-2009-ACF-ACYF-FVPS-0032.
Announcement Title........... Family Violence Prevention and Services/
Grants for Domestic Violence Shelters/
Grants to Native American Tribes
(including Alaska Native Villages) and
Tribal Organizations.
CFDA Number.................. 93.671.
Due Date for Applications.... May 4, 2009.
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Executive Summary: This announcement governs the proposed award of
formula grants under the Family Violence Prevention and Services Act
(FVPSA) to Native American Tribes (including Alaska Native Villages)
and Tribal organizations. The purpose of these grants is to assist
Tribes in establishing, maintaining, and expanding programs and
projects to prevent family violence and to provide immediate shelter
and related assistance for victims of family violence and their
dependents (42 U.S.C. 10401).
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in Fiscal Year (FY) 2009. Grantees are to be mindful that
although the expenditure period for grants is a two-year period, an
application is required every year to provide continuity in the
provision of services. (See Section II. Award Information, Expenditure
Periods.)
I. Description
Legislative Authority: The Family Violence Prevention and Services
Act, 42 U.S.C. 10401 through 10421, as extended by the Department of
Health and Human Services Appropriations Act, 2009, Public Law 111-8.
Background
The purpose of this legislation is to assist Tribes Tribal
organizations, nonprofit private organizations approved by Tribes and
States in supporting the establishment, maintenance, and expansion of
programs and projects to prevent incidents of family violence and to
provide immediate shelter and related
[[Page 15281]]
assistance for victims of family violence and their dependents.
Tribes face unique circumstances and obstacles when responding to
family violence. The particular legal relationship of the United States
to Indian Tribes creates a Federal trust responsibility to assist
Tribal governments in safeguarding the lives of Indian victims of
family violence.
During FY 2008, the Department of Health and Human Services (HHS)
made 257 grants to States and Tribes or Tribal organizations. HHS also
made 53 family violence grant awards to non-profit State Domestic
Violence Coalitions. In addition, HHS supports the Sacred Circle,
National Resource Center to End Violence Against Native Women.
General Grant Program Requirements for Tribes or Tribal Organizations
Client Confidentiality
FVPSA programs must establish or implement policies and protocols
for maintaining the safety and confidentiality of the adult victims of
domestic violence and their children whom they serve. It is essential
that the confidentiality of individuals receiving FVPSA services be
protected. Consequently, when providing statistical data on program
activities and program services, individual identifiers of client
records will not be used by Tribes, Tribal organizations, the State, or
other FVPSA grantees or subgrantees. The address or location of any
FVPSA-funded shelter facility will, except with written authorization
of the person or persons responsible for the operation of such shelter,
not be made public and the confidentiality of records pertaining to any
individual provided family violence prevention and treatment services
by any FVPSA-funded program will be strictly maintained (42 U.S.C.
10402(a)(2)(E)).
Confidentiality requirements have been strengthened and clarified
with the passage of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Pub. L. 109-162). In the interest
of establishing a consistent Federal standard for domestic violence
programs, HHS follows the confidentiality provisions and definition of
``personally identifying information'' in sections 40002(b)(2) and
40002(a)(18) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(b)(2) and 42 U.S.C. 13925(a)(18)) as a more detailed guidance for
grantees about how to comply with the FVPSA confidentiality
obligations, and requires FVPSA-funded programs to comply with the VAWA
confidentiality provisions.
In FY 2009 guidance, FYSB requires that grantees only collect
unduplicated data for each program, and that information not be
unduplicated across programs or statewide. No client-level data may be
shared with a third party, regardless of encryption, hashing or other
data security measures, without a written, time-limited release as
described in section 40002(b)(2) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(b)(2)).
The Importance of Coordinated, Accessible Services
The impacts of family violence may include physical injury and
death of primary or secondary victims, psychological trauma, isolation
from family and friends, harm to children living with a parent or
caretaker who is either experiencing or perpetrating family violence,
increased fear, reduced mobility, damaged credit, employment and
financial instability, homelessness, substance abuse, chronic
illnesses, and a host of other health and related mental health
consequences. The physical and cultural obstacles existing in much of
Indian country compound the basic dynamics of family violence. Barriers
such as the isolation of vast rural areas, the concern for safety in
isolated settings, lack of housing and shelter options, and the
transportation requirements over long distances heighten the need for
the coordination of the services through an often limited delivery
system.
To help bring about a more effective response to the problem of
family violence, HHS urges Tribes and Tribal organizations receiving
funds under this grant announcement to coordinate activities funded
under this grant with other new and existing resources for the
prevention of family violence and related issues.
To serve victims most in need and to comply with Federal law,
services must be widely accessible. Services must not discriminate on
the basis of age, handicap, sex, race, color, national origin or
religion (42 U.S.C. 10406). The HHS Office for Civil Rights provides
guidance to grantees in complying with these requirements. Services
must also be provided on a voluntary basis; receipt of shelter or
housing must not be conditioned on participation in supportive
services.
National Data Collection and Outcomes Measurement
In collaboration with partners at the State FVPSA programs, State
Domestic Violence Coalitions (Coalitions), Tribes and Tribal
organizations, Sacred Circle, the National Resource Center on Domestic
Violence, and experts on both data collection and domestic violence
issues, FYSB continues to develop informative, succinct, and non-
burdensome reporting formats that safely measure quantifiable outputs
and outcomes. During FY 2007, FYSB revised and defined the program
services reporting components for recipients of FVPSA State Formula
Grant funds. In FY 2008, FYSB worked with Tribal representatives to
assess the applicability of the proposed program reporting procedures
and outcome measures for FVPSA Tribal grantees. In FY 2009, FYSB is
requiring Tribal grantees and States to use standardized reporting
forms to facilitate the collection of uniform, aggregate data on FVPSA-
supported program services, as described in Section VI.
Annual Tribal Grantee Meeting
FVPSA grant administrators should expect to attend the annual
Tribal Grantee Meeting. Subsequent correspondence will advise the
Tribal FVPSA Administrators of the date, time, and location of the
grantee meeting.
Definitions
Tribes and Tribal organizations should use the following
definitions in carrying out their programs. The definitions are found
in 42 U.S.C. 10421.
Family Violence: Any act, or threatened act, of violence, including
any forceful detention of an individual, which (a) results or threatens
to result in physical injury and (b) is committed by a person against
another individual (including an elderly person) to whom such person
is, or was, related by blood or marriage, or otherwise legally related,
or with whom such person is, or was, lawfully residing.
Indian Tribe: ``Indian tribe'' means any Indian tribe, band,
nation, or other organized group or community, including any Alaska
Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), which is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians (25 U.S.C. 450b(e)).
Tribal Organization: ``Tribal Organization'' means the recognized
governing body of any Indian tribe; any legally established
organization of Indians which is controlled, sanctioned, or chartered
by such governing body or which is democratically elected by the adult
members of the Indian community
[[Page 15282]]
to be served by such organization and which includes the maximum
participation of Indians in all phases of its activities. In any case
where a contract is let or grant made to an organization to perform
services benefiting more than one Indian tribe, the approval of each
such Indian tribe shall be a prerequisite to the letting or making of
such contract or grant (25 U.S.C. 450b(l)).
Shelter: The provision of temporary refuge and related assistance
in compliance with applicable State law and regulation governing the
provision, on a regular basis, of shelter, safe homes, meals, and
related assistance to victims of family violence and their dependents.
Related assistance: The provision of direct assistance to victims
of family violence and their dependents for the purpose of preventing
further violence, helping such victims to gain access to civil and
criminal courts and other community services, facilitating the efforts
of such victims to make decisions concerning their lives in the
interest of safety, and assisting such victims in healing from the
effects of the violence. Related assistance includes:
(1) Prevention services such as outreach and prevention services
for victims and their children, assistance to 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;
(2) Counseling with respect to family violence, counseling or other
supportive services by peers individually or in groups, and referral to
community social services;
(3) Transportation, technical assistance with respect to obtaining
financial assistance under Federal and State programs, and referrals
for appropriate health-care services (including alcohol and drug abuse
treatment), but shall not include reimbursement for any health-care
services;
(4) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(5) Children's counseling and support services, child care services
for children who are victims of family violence or the dependents of
such victims, and children who witness domestic violence.
II. Funds Available
Subject to the availability of Federal appropriations and as
authorized by law, in FY 2009, HHS will make available to Tribes and
Tribal organizations grant funds as described in this announcement. In
separate announcements, HHS will make available funds to States for
providing immediate shelter and related assistance to victims of family
violence and their dependents and funds for State Domestic Violence
Coalitions to continue their work within the domestic violence
community by providing technical assistance and training, advocacy
services, and other activities. The FVPSA expired on September 30,
2008. Its reauthorization could introduce new statutory or
administrative requirements impacting grantees within the next few
years.
Tribal Allocations
In computing Tribal allocations, FYSB will use the latest available
population figures from the Census Bureau. To view the Census' latest
populations go to their Web site at http://www.census.gov. Where Census
Bureau data are unavailable, FYSB will use figures from the Bureau of
Indian Affairs' (BIA's) Indian Population and Labor Force Report.
The funding formula for the allocation of family violence funds is
based upon the Tribe's population. The formula has two parts, the
tribal population base allocation and a population category allocation.
The base allocations are determined by a tribe's population and a
funds allocation schedule. Tribes with populations between 1,500 to
50,000 people receive a $2,500 base allocation for the first 1,500
people. For each additional 1,000 people above the 1,500 person
minimum, a tribe's base allocation is increased $1,000. Tribes with
populations between 50,001 to 100,000 people receive base allocations
of $125,000 and Tribes with a population of 100,001 to 150,000 receive
a base allocation of $175,000.
Once the minimum amounts have been distributed to the Tribes that
have applied for FVPSA funding, the ratio of the Tribal population
category to the total of all base allocations is then considered in
allocating the remainder of the funds. By establishing base amounts
with distribution of proportional amounts for larger Tribes, the FVPSA
Program is balancing the need for basic services for all Tribes with
the greater demand for services among Tribes with larger populations.
In FY 2008, actual grant awards ranged from $26,541 to $2,219,962.
Tribes are encouraged to apply for FVPSA funding as a consortium.
Tribal consortia consist of groups of Tribes who agree to apply for and
administer a single FVPSA grant with one Tribe or Tribal organization
responsible for grant administration. In a Tribal consortium, the
population of the Tribal Trust Land for all of the Tribes involved will
be used to calculate the award amount. The allocations for each of the
Tribes included in the consortium will be combined to determine the
total grant for the consortium.
Expenditure Periods
The project period under this program announcement is 24 months.
The FVPSA funds may be used for expenditures on and after October 1 of
each fiscal year for which they are granted, and will be available for
expenditure through September 30 of the following fiscal year; i.e., FY
2009 funds may be used for expenditures from October 1, 2008 through
September 30, 2010. For example:
----------------------------------------------------------------------------------------------------------------
Project period (24
Award year (Federal Fiscal Year (FY)) months) Application requirements and expenditure periods
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FY 2009............................... 10/01/08-9/30/10 Apply for one year of grant funds in this
application. Regardless of the date the award is
received, you may begin obligating these funds on
October 1, 2008. The funds may be expended
through September 30, 2010.
FY 2010............................... 10/01/09-9/30/11 Apply for one year of grant funds in this
application. Regardless of the date the award is
received, you may begin obligating these funds on
October 1, 2009. The funds may be expended
through September 30, 2011.
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[[Page 15283]]
Re-allotted funds, if any, are available for expenditure until the end
of the fiscal year following the fiscal year that the funds became
available for re-allotment. FY 2009 grant funds that are made available
to Tribes and Tribal organizations through re-allotment must be
expended by the grantee no later than September 30, 2010.
III. Eligibility
Tribes and Tribal organizations are eligible for funding under this
program if they meet the definition of ``Indian Tribe'' or ``Tribal
organization'' set forth in section 450B of Title 25 and if they are
able to demonstrate their capacity to carry out a family violence
prevention and services program. Any Tribe or Tribal organization that
believes it meets the eligibility criteria and should be included in
the list of eligible Tribes should provide supportive documentation and
a request for inclusion in its application. (See Application Content
Requirements below.) Tribes may apply singularly or as a consortium. In
addition, a non-profit private organization or Tribal organization,
approved by a Tribe for the operation of a family violence shelter or
program on a reservation is eligible for funding.
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,
www.Grants.gov. A D-U-N-S number will be required for every application
for a new award or renewal/continuation of an award, including
applications or plans under formula, entitlement, and block grant
programs, submitted on or after October 1, 2003.
Please ensure that your organization has a D-U-N-S number. You may
acquire a D-U-N-S number at no cost by calling the dedicated toll-free
D-U-N-S number request line at 1-866-705-5711 or you may request a
number on-line at http://www.dnb.com.
IV. Application Requirements for Tribes and Tribal Organizations
Content of Application Submission
The application from the Tribe or Tribal organization must be
signed by the Chief Executive Officer or Tribal Chairperson of the
applicant organization.
The cover letter of the application should include the following
information:
(1) The name of the Tribe or Tribal organization applying for the
FVPSA grant and the mailing address.
(2) The name of the Chief Program Official designated as
responsible for administering funds under FVPSA, and the telephone
number, fax number, and if available, an e-mail address.
(3) The name of the program person designated to administer
coordination of the related programs, and the telephone number, fax
number, and if available, an e-mail address.
(4) The Employee Identification Number (EIN) of the applicant
organization submitting the application.
(5) The D-U-N-S number of the applicant organization submitting the
application. See preceding D-U-N-S Requirement section for additional
information.
The content of the application should include the following:
(1) A copy of a current resolution stating that the designated
organization or agency has the authority to submit an application on
behalf of the individuals in the Tribe(s) and to administer programs
and activities funded under this program (42 U.S.C. 10402(b)(2)).
Please Note: New applicants and Consortia applicants must submit new
resolutions. Ongoing applicants must submit a copy of active
resolutions covering FY 2009.
(2) A description of the procedures designed to involve
knowledgeable individuals and interested organizations in providing
services under FVPSA (42 U.S.C. 10402(b)(2)). For example,
knowledgeable individuals and interested organizations may include:
Tribal officials or social services staff involved in child abuse or
family violence prevention, Tribal law enforcement officials,
representatives of State Domestic Violence Coalitions, and operators of
domestic violence shelters and service programs.
(3) A description of the applicant's operation of and/or capacity
to carry out a family violence prevention and services program. This
might be demonstrated in ways such as the following:
(a) The current operation of a shelter, safe house, or family
violence prevention program;
(b) The establishment of joint or collaborative service agreements
with a local public agency or a private non-profit agency for the
operation of family violence prevention activities or services; or
(c) The operation of social services programs as evidenced by
receipt of ``638'' contracts with BIA; Title II Indian Child Welfare
grants from BIA; Child Welfare Services grants under Title IV-B of the
Social Security Act; or Family Preservation and Family Support grants
under Title IV-B of the Social Security Act.
(4) A description of the services to be provided, how the applicant
organization plans to use the grant funds to provide the direct
services, to whom the services will be provided, and the expected
results of the services.
(5) Documentation of the policies and procedures developed and
implemented, including copies of the policies and procedures to ensure
that individual identifiers of client records will not be used when
providing statistical data on program activities and program services
and that the confidentiality of records pertaining to any individual
provided domestic violence prevention or treatment services by any
FVPSA-supported program will be strictly maintained (42 U.S.C.
10402(a)(2)(E)).
(6) Documentation of the law or procedure which has been
implemented for the eviction of an abusing spouse from a shared
household (42 U.S.C. 10402(a)(F)).
(Note: As required by the Paperwork Reduction Act of 1995,
Public Law 104-13, the public reporting burden for the project
description is estimated to average 10 hours per response, including
the time for reviewing instructions, gathering and maintaining the
data needed, and reviewing the collection information. The Project
Description information collection is approved under OMB control
number 0970-0280, which expires on 12/31/2011. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.)
Assurances (See Appendix A): Each application must provide the
assurances in Appendix A.
Certifications
All applications must submit or comply with the required
certifications found in Appendices B-D as follows:
Anti-Lobbying Certification and Disclosure Form (See Appendix B):
Applicants should sign and return the certification with their
application.
[[Page 15284]]
Certification Regarding Environmental Tobacco Smoke (See Appendix
C): By signing and submitting the application, applicants are accepting
and agreeing to all terms and conditions of the certification.
Certification Regarding Drug-Free Workplace Requirements (See
Appendix D): By signing and submitting the application, applicants are
accepting and agreeing to all terms and conditions of the
certification.
These certifications can also be found at http://www.acf.hhs.gov/
programs/ofs/forms.htm.
Notification Under Executive Order 12372
The review and comment provisions of the Executive Order (E.O.) and
Part 100 do not apply. Federally recognized Tribes are exempt from all
provisions and requirements of E.O. 12372.
Applications should be sent to:
Family Violence Prevention and Services Program,
Family and Youth Services Bureau,
Administration on Children, Youth and Families,
Administration for Children and Families,
Attention: Shena Williams, 1250 Maryland Avenue, SW., Suite 8213,
Washington, DC 20024.
V. Approval/Disapproval of a Tribal or Tribal Organization Application
The Secretary of HHS will approve any application that meets the
requirements of FVPSA and this announcement. The Secretary will not
disapprove an 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 applicant to
correct any deficiencies. The notice of intention to disapprove will be
provided to the applicant within 45 days of the date of the
application.
VI. Reporting Requirements
Performance Reports
Beginning with FY 2009 awards, ACF grantees will begin submitting
Performance Progress Reports using a standardized format, the SF-PPR.
The SF-PPR is the standard government-wide performance progress
reporting format used by Federal agencies to collect performance
information from recipients. A version of the SF-PPR has been tailored
for grantees under this announcement as the ACYF-FYSB-FVPS-SF-PPR. A
Program Performance Report must be filed with HHS describing the
activities carried out, and including an assessment of the
effectiveness of those activities in achieving the purposes of the
grant. A section of this performance report must be completed by each
grantee or sub-grantee that performed the direct services contemplated
in the application certifying performance of such services. Consortia
grantees should compile performance reports into a comprehensive report
for submission. A copy of the ACYF-FYSB-FVPS-SF-PPR will be available
in the webpage publication of this announcement at http://
www.acf.hhs.gov/programs/fysb/content/familyviolence/index.html
approximately 10 business days after the publication of this
announcement in the Federal Register.
Performance Report must include the following data elements:
Funding--The total amount of the FVPSA grant award. Total domestic
violence program budgets for programs that received FVPSA grants or
subgrants. The number of domestic violence programs with residential
facilities funded. The number of non-residential programs funded.
Volunteers--The total number of volunteers working in FVPSA-
supported programs, total volunteer hours.
Narrative Questions--For services or activities supported in whole
or in part by FVPSA funding, provide examples or summaries that
describe:
Stories concerning individual clients, services, or
community initiatives;
Activities that the FVPSA grant allows grantees to do what
they wouldn't be able to do without this funding;
Describe, if applicable, any efforts supported in whole or
in part by the FVPSA grant to meet the unique needs of the community
and any on-going challenges in meeting these needs, e.g., Tribal
shelters not available; accessibility of non-Native shelters;
transportation; teen services; etc.
Describe significant prevention and outreach activities
supported in whole or in part by your FVPSA grant during the program
year.
Any additional information that the grantees would like to
share about their FVPSA-supported domestic violence programs and their
effectiveness, the unmet needs of victims in the community and what
would be required to meet those needs, or service trends that are
emerging in their communities.
People Served--
An unduplicated count (unduplicated by program) of non-
residential clients who are women, men, children, and youth who are
intimate partner violence victims.
An unduplicated count (unduplicated by program) of
residential clients who are women, men, children and youth, and youth
who are intimate partner violence victims.
Demographics--For Unduplicated Clients, include the following
demographic categories:
Race/Ethnicity: Black or African American; American
Indian/Alaska Native; Asian; Hispanic or Latino; Native Hawaiian/Other
Pacific Islander; White; Unknown/Other.
Gender: Female; Male; or Not Specified.
Age: 0-17; 18-24; 25-59; 60+; Unknown.
Residential Services--
The number of shelter nights.
Number of unmet requests for shelter.
Related services and assistance--List the related services and
assistance provided to victims and their family members by indicating
the number of hours and or number of service contacts in each of the
following categories:
Crisis/hotline calls (number of calls).
Supportive Counseling and Advocacy: Individual and Group.
Children's Services.
--Supportive Counseling and Advocacy: Individual and Group.
--Children's Activities: Individual and Group.
Batterer Intervention Services (if funded through FVPSA):
Individual and Group.
Community Education and Public Awareness--Report the number of
presentations and participants that attended presentations/training
for:
Adults/General Population.
Youth Targeted.
Community Awareness Activities (Number of events only).
Performance reports for Tribes and Tribal organizations 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,
Attn: Shena Williams, 1250 Maryland Avenue, SW., Room 8213, Washington,
DC 20024.
Financial Status Reports
Grantees must submit annual Financial Status Reports. The first SF-
269A for funding under this
[[Page 15285]]
announcement, which is due December 29, 2009, is based on the Federal
FY and will cover October 1, 2008 through September 30, 2009. The final
SF-269A for funding under this announcement, which is due December 29,
2010, will cover October 1, 2009 through September 30, 2010. The SF-
269A can be found at http://www.whitehouse.gov/omb/grants/
grantsforms.html.
Completed reports may be mailed to:
Frederick Griefer, Division of Mandatory Grants, Office of Grants
Management, Administration for Children and Families, 370 L'Enfant
Promenade, SW., 6th Floor, Washington, DC 20447.
Grantees are encouraged to submit their reports online through the
Online Data Collection (OLDC) system at the following address: https://
extranet.acf.hhs.gov/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.
VII. Administrative and National Policy Requirements
Grantees are subject to the requirements in 45 CFR Part 74 (non-
governmental) or 45 CFR Part 92 (governmental).
Direct Federal grants, sub-award funds, or contracts under this ACF
program shall not be used to support inherently religious activities
such as religious instruction, worship, or proselytization. Therefore,
organizations must take steps to separate, in time or location, their
inherently religious activities from the services funded under this
program. Regulations pertaining to the Equal Treatment for Faith-Based
Organizations, which includes the prohibition against Federal funding
of inherently religious activities, can be found at the HHS Web site at
http://www.hhs.gov/fbci/waisgate21.pdf.
VIII. Other Information
For Further Information Contact: Shena Williams at (202) 205-5932
or e-mail at shena.williams@acf.hhs.gov.
Dated: March 27, 2009.
Maiso L. Bryant,
Acting Commissioner, Administration on Children, Youth and Families.
Appendices: Required Assurances, Certifications, and Forms
A. Assurances
B. Certification Regarding Lobbying
C. Certification Regarding Environmental Tobacco Smoke
D. Drug-Free Workplace Requirements
Appendix A--Assurances of Compliance With Grant Requirements
The grantee certifies that it will comply with the following:
(1) Not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance, as defined in 42
U.S.C. 10421(4) and (5), to victims of family violence and their
dependents and not less than 25 percent of the funds distributed
shall be used to provide related assistance as defined in 42 U.S.C.
10421(5) (42 U.S.C. 10402(g)).
(2) Grant funds made available under FVPSA will not be used as
direct payment to any victim or dependent of a victim of family
violence (42 U.S.C. 10402(d)).
(3) No income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out FVPSA (42 U.S.C. 10402(e)).
(4) The address or location of any shelter or facility assisted
under FVPSA will not be made public, except with the written
authorization of the person or persons responsible for the
operations of such shelter (42 U.S.C. 10402(a)(2)(E)).
(5) The applicant will comply with FVPSA confidentiality
requirements and must provide assurances that individual identifiers
of client records will not be used when providing statistical data
on program activities and program services and that the
confidentiality of records pertaining to any individual provided
domestic violence prevention or treatment services by any FVPSA-
supported program will be strictly maintained (42 U.S.C.
10402(a)(2)(E)).
(6) That a law or procedure, such as a process for obtaining an
order of protection, has been implemented for the eviction of an
abusing spouse from a shared household (42 U.S.C. 10402(a)(2)(F)).
(7) 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 (42 U.S.C. 10406).
(8) That the applicant will comply with the applicable
Departmental recordkeeping and reporting requirements and general
requirements for the administration of grants under 45 CFR Part 92.
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Appendix B--Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL,
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions. Submission of this statement is a prerequisite for
making or entering into this transaction imposed by section 1352,
Title 31, U.S. Code. Any person who fails to file the required
statement shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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Appendix C--Certification Regarding Environmental Tobacco Smoke
Public Law 103227, Part C Environmental Tobacco Smoke, also
known as the Pro Children Act of 1994 (Act), requires that smoking
not be permitted in any portion of
[[Page 15286]]
any indoor routinely owned or leased or contracted for by an entity
and used routinely or regularly for provision of health, day care,
education, or library services to children under the age of 18, if
the services are funded by Federal programs either directly or
through State or local governments, by Federal grant, contract,
loan, or loan guarantee. The law does not apply to children's
services provided in private residences, facilities funded solely by
Medicare or Medicaid funds, and portions of facilities used for
inpatient drug or alcohol treatment. Failure to comply with the
provisions of the law may result in the imposition of a civil
monetary penalty of up to $1000 per day and/or the imposition of an
administrative compliance order on the responsible entity. By
signing and submitting this application the applicant/grantee
certifies that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the
language of this certification be included in any subawards which
contain provisions for the children's services and that all
subgrantees shall certify accordingly.
Appendix D--Certification Regarding Drug-Free Workplace Requirements
This certification is required by the regulations implementing
the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F.
Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that
a Federal agency may designate a central receipt point for state-
wide and state agency-wide certifications, and for notification of
criminal drug convictions. For the Department of Health and Human
Services, the central point is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of
Health and Human Services, Room 517-D, 200 Independence Avenue, SW.,
Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements
(Instructions for Certification)
(1) By signing and/or submitting this application or grant
agreement, the grantee is providing the certification set out below.
(2) The certification set out below is a material representation
of fact upon which reliance is placed when the agency awards the
grant. If it is later determined that the grantee knowingly rendered
a false certification, or otherwise violates the requirements of the
Drug-Free Workplace Act, the agency, in addition to any other
remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
(3) For grantees other than individuals, Alternate I applies.
(4) For grantees who are individuals, Alternate II applies.
(5) Workplaces under grants, for grantees other than
individuals, need not be identified on the certification. If known,
they may be identified in the grant application. If the grantee does
not identify the workplaces at the time of application, or upon
award, if there is no application, the grantee must keep the
identity of the workplace(s) on file in its office and make the
information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the grantee's drug-
free workplace requirements.
(6) Workplace identifications must include the actual address of
buildings (or parts of buildings) or other sites where work under
the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment
office, performers in concert halls or radio studios).
(7) If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question
(see paragraph five).
(8) Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug-Free Workplace common rule apply to
this certification. Grantees' attention is called, in particular, to
the following definitions from these rules:
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged
in the performance of work under the grant and who are on the
grantee's payroll. This definition does not include workers not on
the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on
the grantee's payroll; or employees of subrecipients or
subcontractors in covered workplaces).
Certification Regarding Drug-Free Workplace Requirements Alternate
I. (Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a
drug-free workplace by:
(1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(2) Establishing an ongoing drug-free awareness program to
inform employees about--
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(4) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(5) Notifying the agency in writing, within 10 calendar days
after receiving notice under paragraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title,
to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant;
(6) Taking one of the following actions, within 30 calendar days
of receiving notice under paragraph (d)(2), with respect to any
employee who is so convicted--
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(7) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
The grantee may insert in the space provided below the site(s) for
the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
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Check if there are workplaces on file that are not identified
here.
Alternate II. (Grantees Who Are Individuals)
(1) The grantee certifies that, as a condition of the grant, he
or she will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in
conducting any activity with the grant;
(2) If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, he or
she will report the conviction, in writing, within 10 calendar days
of the conviction, to every grant officer or other designee, unless
the
[[Page 15287]]
Federal agency designates a central point for the receipt of such
notices. When notice is made to such a central point, it shall
include the identification number(s) of each affected grant.
[FR Doc. E9-7503 Filed 4-2-09; 8:45 am]
BILLING CODE 4184-01-P
