Family Violence Prevention and Services/Grants to State Domestic Violence Coalitions, 15287-15293 [E9-7502]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Administration for Children and Families
• Children and Families Administration

[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15287-15293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7502]


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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).
    Funding Opportunity Title: HHS-2009 ACF-ACYF-SDVC-0030.
    Announcement Title: Family Violence Prevention and Services/Grants 
to State Domestic Violence Coalitions.
    CFDA Number: 93.591.
    Due Date for Applications: May 4, 2009.
    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 family violence issues (42 U.S.C. 
10410(a)).
    This notice for family violence prevention and services grants to 
Coalitions serves four purposes: The first purpose is to confirm a 
Federal commitment to reducing domestic violence; the second is to urge 
States, localities, cities, and the private sector to become involved 
in State and local planning towards an integrated service delivery 
approach that meets the needs of all victims, including those in 
underserved communities; the third is to provide for technical 
assistance and training relating to domestic violence programs; and the 
fourth is to increase public awareness about and prevention of domestic 
violence and increase the quality and availability of immediate shelter 
and related assistance for victims of domestic violence and their 
dependents (42 U.S.C. 10401). Starting in Fiscal Year (FY) 2009, 
applications should cover FYs 2009, 2010 and 2011 (see Section II, 
Funds Available, Length of Project Period).

I. Description

    Legislative Authority: The Family Violence Prevention and Services 
Act, 42 U.S.C. 10401 through 10421, as extended by the Department of 
Health and Human Services Appropriations Act, 2009, Public Law 111-8.

Background

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.) authorizes the 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 Meeting

    Coalitions should plan to send one or more representatives to the 
annual grantee meeting. Subsequent correspondence will advise 
Coalitions of the date, time, and location of their grantee meeting.

Role of State Coalitions

    FVPSA directs Coalitions to work with local domestic violence 
programs to encourage appropriate responses to domestic violence within 
the States, specifically including training and technical assistance 
for local programs (42 U.S.C. 10410(a)(1) and (a)(1)(A)). Coalitions 
must also participate in planning and monitoring the distribution of 
FVPSA grants awarded to their States (42 U.S.C. 10410(a)(5)). 
Coalitions thus play an important role in helping local programs 
develop and continue practices consistent with FVPSA guidance. 
Coalitions are urged to include activities intended to ensure that 
local programs maintain confidentiality, to provide widely accessible 
services consistent with best practices in the field and applicable 
Federal, State, Tribal and local requirements, and to help local 
programs comply with the new FVPSA data collection and outcome 
measurement requirements. Each of these issues is further discussed 
below.
a. Client Confidentiality
    FVPSA directs Coalitions to work with local domestic violence 
programs to encourage appropriate responses to domestic violence within 
the States, specifically including training and technical assistance 
for local programs (42 U.S.C. 10410(a)(1)(A)). Coalitions must also 
participate in planning and monitoring the distribution of FVPSA grants 
awarded to their States (42 U.S.C. 10410(a)(5)). Coalitions thus play 
an important role in helping local programs develop and continue 
practices consistent with FVPSA guidance. Local domestic violence 
programs funded by FVPSA under 42 U.S.C. 10402 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. See 42 U.S.C. 10402(a)(2)(E). Because it is 
essential that the confidentiality of individuals receiving FVPSA 
services be protected, Coalitions are urged to include activities 
intended to ensure that local programs maintain confidentiality 
consistent with best practices in the field and applicable Federal, 
State, Tribal and local requirements.
    The FVPSA statute requires that local domestic violence programs 
maintain confidentiality of records pertaining to any individual 
provided family violence prevention and treatment services (42 U.S.C. 
10402(a)(2)(E)). As a result, individual identifiers of client records 
may not be used when providing statistical data on program activities 
and program services. Confidentiality requirements have been 
strengthened and clarified with the passage of the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 
109-162). In the interest of establishing a consistent Federal standard 
for domestic violence programs, HHS intends to follow the 
confidentiality provisions and definition of ``personally identifying 
information'' in sections 40002(b)(2) and 40002(a)(18) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(b)(2) and 42 U.S.C. 
13925(a)(18)) as a more detailed guidance about how States, Tribes and 
their subgrantees funded under 42 U.S.C. 10402 should comply with the 
FVPSA confidentiality obligations, and requires such programs to comply 
with the VAWA confidentiality provisions. In the FY 2009 Performance 
Progress Report (SF-PPR), States, Tribes and their subgrantees must 
collect unduplicated data for each program rather than unduplicated 
across programs or statewide. No client-level data should 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)).
b. Coordinated, Accessible Services
    The impacts of domestic violence may include physical injury and 
death of primary or secondary victims, psychological trauma, isolation 
from family and friends, harm to children

[[Page 15288]]

living with a parent or caretaker who is either experiencing or 
perpetrating domestic violence, increased fear, reduced mobility, 
damaged credit, unemployment, financial instability, homelessness, 
substance abuse, chronic illnesses and a host of other health and 
related mental health consequences.
    Coordination and collaboration among victim services providers, 
community-based, culturally specific, and faith-based service 
providers, housing providers and homeless services providers, the 
police, prosecutors, the courts, child welfare services, employers and 
businesses, medical and mental health service providers, and Federal, 
State, and local public officials and agencies is needed to provide 
more responsive and effective services to victims of domestic violence 
and their families. It is essential that community service providers, 
including those serving or representing underserved communities, are 
involved in the design and 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 domestic 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). HHS Services Office for Civil Rights 
provides guidance to grantees in complying with these requirements. 
Please see https://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html for HHS Office of Civil Rights 
guidance on serving immigrant victims and https://www.hhs.gov/ocr/civilrights/resources/factsheets/504ada.pdf for guidance on the 
Americans with Disabilities Act and the Rehabilitation Act of 1973. 
Services must also be provided on a voluntary basis; receipt of shelter 
or housing must not be conditioned on participation in supportive 
services.
c. National Data Collection and Outcomes Measurement
    In collaboration with partners at the State FVPSA programs, 
Coalitions, Tribes and Tribal organizations, 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. Throughout FY 2008, grantee workshops, 
teleconferences, and information memoranda provided further guidance on 
performance reporting requirements for these grantees. In FY 2009, FYSB 
is requiring States and their subgrantees, and Tribal grantees to use 
standardized reporting forms to facilitate the collection of uniform, 
aggregate data on FVPSA-supported program services and client outcomes, 
as described in Section V.

II. Funds Available

    In FY 2009, FY 2010, and FY 2011, HHS will make available for 
grants to the States-designated, Statewide, Domestic Violence 
Coalitions the funds described in this announcement. These grant awards 
are subject to the availability of Federal appropriations, and as 
authorized by the Family Violence Prevention and Services Act, 42 
U.S.C. sections 10401 through 10421, (extended by the Department of 
Health and Human Services Appropriations Act, 2009, Public Law 111-8, 
and/or any subsequent pertinent legal authorities). Each year, one 
grant each 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. The FVPSA (42 U.S.C. 10401 et seq.) expired on September 
30, 2008. Reauthorization of the FVPSA could include new statutory or 
administrative requirements impacting grantees within the next few 
years.

Length of Project Periods

    Coalitions now apply for three years of grant funds in this one 
application. The project period under this program announcement 
continues to be 24 months for each award. FYSB will continue to 
disperse funds annually. Coalitions will not be required to submit 
additional applications for the years FY 2010 through FY 2011 unless 
there are material changes made to the program. Therefore, Coalitions 
must address their anticipated activities not only for the FY 2009 
project period; i.e., October 2008 through September 2010, but also for 
the project periods covered by FYs 2010 through 2011; i.e., October 
2009 through September 2012. Coalitions will have the opportunity to 
amend their applications for each of the fiscal years FY 2010 and FY 
2011 if their anticipated activities materially change. This change 
does not affect the amount of the grant award or the timing of the 
grant award, only the application process.

----------------------------------------------------------------------------------------------------------------
    Award year (federal fiscal year)     Project period (24 months)            Application requirements
----------------------------------------------------------------------------------------------------------------
FYSB will continue to disperse funds     Coalitions will continue    This change does not affect the amount of
 annually. The Federal FY is a one-year   to have two years to        the grant award or the timing of the grant
 period from September through October.   spend the funds.            award, only the application process.
FY 2009................................  10/01/08-9/30/10..........  Coalitions apply for three years of grant
                                                                      funds in this one application. Coalitions
                                                                      must address their anticipated activities
                                                                      for the FY 2009 project period, and also
                                                                      for the project periods covered by FYs
                                                                      2010 and 2011.
FY 2010................................  10/01/09--9/30/11.........  Coalitions will not be required to submit
                                                                      an additional application for FY 2010
                                                                      unless there are material changes made to
                                                                      the program.
FY 2011................................  10/01/10--9/30/12.........  Coalitions will not be required to submit
                                                                      an additional application for FY 2011
                                                                      unless there are material changes made to
                                                                      the program.
----------------------------------------------------------------------------------------------------------------


[[Page 15289]]

Expenditure Period

    The 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 2009 funds may be used for expenditures from October 1, 2008, 
through September 30, 2010.

III. Eligibility

    In accordance with 42 U.S.C. 10410(b), 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 has actively sought and encouraged the participation of 
law enforcement agencies and other legal or judicial entities in the 
preparation of the application and will actively seek and encourage the 
participation of such entities in the activities carried out with the 
grant.

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, https://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.
    Applicants must ensure that their organization has a D-U-N-S 
number. Applicants 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 https://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: 
https://www.acf.hhs.gov/programs/ofs/forms.htm.

IV. Application Requirements for State Domestic Violence Coalition 
(Coalitions) Applications

    This section includes application requirements for FVPSA grants for 
Coalitions, as follows:

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:

(Each requirement is cited 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 victims of domestic 
violence and their families to encourage appropriate responses to 
domestic violence within the State, including (42 U.S.C. 10410(a)(1))--
    (a) Training and technical assistance for local programs and 
professionals, including those representing underserved communities, 
working with victims of domestic violence and their families;
    (b) Planning and conducting State needs assessments and planning 
for comprehensive services, including the needs of and services for 
underserved communities;
    (c) Serving as an information clearinghouse and resource center for 
the State; and
    (d) Collaborating with other governmental systems that affect 
victims of domestic violence.
    (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 (42 U.S.C. 10410(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 set forth in 42 
U.S.C. 10402(a)(2).
    (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 (including the 
responses set forth in 42 U.S.C. 10410(a)(3)) to child custody and 
visitation issues in domestic violence cases and in cases where 
domestic violence and child abuse are both present (42 U.S.C. 
10410(a)(3)).
    (5) The anticipated outcomes and a description of other activities 
in support of the general purpose of furthering domestic violence 
intervention and prevention (42 U.S.C. 10410(a)).
    (6) Documentation in the form of support letters, memoranda of 
agreement, or jointly signed statements, that the Coalition has 
actively sought and encouraged the participation of law enforcement 
agencies and other legal or judicial organizations in the preparation 
of the grant application (42 U.S.C. 10410(b)(4)(A)), and will actively 
seek and encourage the participation of such organizations in grant 
funded activities (42 U.S.C. 10410(b)(4)(B)).
    (7) The following documentation that certifies 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 Coalition that provide for the 
required 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 (42 U.S.C. 10410(a)(5)); and

[[Page 15290]]

    (ii) The participation of the Coalition in compliance activities 
regarding the State's family violence prevention and services program 
grantees 42 U.S.C. 10402(a)(2)(C) and (a)(3) (42 U.S.C. 10410(a)(5)).
    (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 a copy of the articles of incorporation bearing the seal 
of the State in which the corporation or association is domiciled;
    (c) To demonstrate compliance with 42 U.S.C. 10410(b)(1) and 
(b)(2):
    (i) A current list of the organizations operating programs for 
victims of domestic violence in the State and the applicant Coalition's 
current membership list by organization (see Section III, Eligibility);
    (ii) A list of the applicant Coalition's current Board of 
Directors, with each individual's organizational affiliation and the 
Chairperson identified (see Section III, Eligibility);
    (d) A list of any Coalition or contractual positions to be 
supported by funds from this grant; and
    (e) A budget narrative that clearly describes the planned 
expenditure of funds under this grant.
    (8) Required Assurances (included in the application as Attachment 
A):
    (a) The applicant 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 initiative petition, except where representatives 
of the Coalition are testifying, or making other appropriate 
communications, either when formally requested to do so by a 
legislative body, a committee, or a member of such organization (42 
U.S.C. 10410(d)(1)); or in connection with legislation or 
appropriations directly affecting the activities of the Coalition or 
any member of the Coalition (42 U.S.C. 10410(d)(2)).
    (b) The applicant Coalition will prohibit discrimination on the 
basis of age, handicap, sex, race, color, national origin or religion, 
as described in 42 U.S.C. 10406.

    (Note:
    As required by the Paperwork Reduction Act of 1995, Pub. L. 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.)

Certifications

    All applicants must submit or comply with the required 
certifications found in the Attachments, as follows:
    Anti-Lobbying Certification and Disclosure Form must be signed and 
submitted with the application (See Attachment B): Applicants must 
furnish prior to award an executed copy of the Standard Form (SF) LLL, 
Certification Regarding Lobbying, when applying for an award in excess 
of $100,000. Applicants who have used non-Federal funds for lobbying 
activities in connection with receiving assistance under this 
announcement shall complete a disclosure form, if applicable, with 
their applications (approved by OMB under control number 0348-0046). 
Applicants should sign and return the certification with their 
application.
    Certification Regarding Environmental Tobacco Smoke (See Attachment 
C): Applicants must also understand they will be held accountable for 
the smoking prohibition included within Public Law 103-227, Title XII 
Environmental Tobacco Smoke (also known as the PRO-Children Act of 
1994). A copy of the Federal Register notice that implements the 
smoking prohibition is included with forms. 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 
Attachment D): 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. 
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 https://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 Violence Prevention and 
Services Program, Family and Youth Services Bureau, Administration on 
Children, Youth and Families, Administration for Children and Families, 
Attention: Allison Randall, 1250 Maryland Avenue, SW., Room 8220, 
Washington, DC 20024.

V. 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 
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; activities conducted 
in conjunction with community-based, culturally specific service 
providers or organizations serving or representing underserved 
communities; 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. A copy of the ACYF-
FYSB-FVPS-SF-PPR will be available in the webpage publication of this 
announcement at https://www.acf.hhs.gov/programs/fysb/content/familyviolence/ approximately 10 business days after the 
publication of this announcement in the Federal Register.
    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 Violence Prevention and Services Program, Family and 
Youth Services Bureau, Administration on Children, Youth and Families, 
Administration for Children and Families, Attention: Allison Randall,

[[Page 15291]]

1250 Maryland Avenue, SW., Room 8220, 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 for FY 2009 grant awards is due December 29, 2009. The final SF-
269A for FY 2009 is due December 29, 2010. The first SF-269A for FY 
2010 grant awards is due December 29, 2010. The final SF-269A for FY 
2010 is due December 29, 2011. The first SF-269A for FY 2011 grants 
awards is due December 29, 2011. The final SF-269A for FY 2011 is due 
December 29, 2012. SF-269A can be found at the following URL: https://www.whitehouse.gov/omb/grants/grants_forms.html.
    Completed reports should be sent to: Frederick Griefer, Division of 
Mandatory Grants, Office of Grants Management, Office of 
Administration, Administration for Children and Families, 370 L'Enfant 
Promenade, SW., 6th Floor, 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. 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 (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 
https://www.hhs.gov/fbci/waisgate21.pdf.
    A faith-based organization receiving HHS funds retains its 
independence from Federal, State, and local governments and may 
continue to carry out its mission, including the definition, practice, 
and expression of its religious beliefs. For example, a faith-based 
organization may use space in its facilities to provide secular 
programs or services funded with Federal funds without removing 
religious art, icons, scriptures, or other religious symbols. In 
addition, a faith-based organization that receives Federal funds 
retains its authority over its internal governance, and it may retain 
religious terms in its organization's name, select its board members on 
a religious basis, and include religious references in its 
organization's mission statements and other governing documents in 
accordance with program requirements, statutes, and other applicable 
requirements governing the conduct of HHS funded activities.
    Faith-based and community organizations may reference the 
``Guidance to Faith-Based and Community Organizations on Partnering 
with the Federal Government'' at https://www.whitehouse.gov/government/fbci/guidance/.

VII. Other Information

FOR FURTHER INFORMATION CONTACT: Allison Randall at (202) 205-7889 or 
e-mail at allison.randall@acf.hhs.gov.

    Dated: March 30, 2009.
Maiso L. Bryant,
Acting Commissioner, Administration on Children, Youth and Families.
Attachments: Required Assurances and Certifications:
A. Assurances
B. Anti-Lobbying and Disclosure
C. Environmental Tobacco Smoke
D. Drug-Free Workplace Requirements

Attachment A

Assurances of Compliance with Grant Requirements

    The undersigned certifies that:
    (1) The applicant 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 initiative petition, except where representatives 
of the Coalition are testifying, or making other appropriate 
communications, either when formally requested to do so by a 
legislative body, a committee, or a member of such organization (42 
U.S.C. 10410(d)(1)); or in connection with legislation or 
appropriations directly affecting the activities of the Coalition (42 
U.S.C. 10410(d)(2)).
    (2) The applicant Coalition will prohibit discrimination on the 
basis of age, handicap, sex, race, color, national origin or religion, 
as described in 42 U.S.C. 10406.
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Signature

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Title

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Organization

Attachment 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

[[Page 15292]]

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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Attachment C

Certification Regarding Environmental Tobacco Smoke

    Public Law 103227, Part C Environmental Tobacco Smoke, also known 
as the Pro Children Act of 1994 (Act), requires that smoking not be 
permitted in any portion of any indoor routinely owned or leased or 
contracted for by an entity and used routinely or regularly for 
provision of health, day care, education, or library services to 
children under the age of 18, if the services are funded by Federal 
programs either directly or through State or local governments, by 
Federal grant, contract, loan, or loan guarantee. The law does not 
apply to children's services provided in private residences, facilities 
funded solely by Medicare or Medicaid funds, and portions of facilities 
used for inpatient drug or alcohol treatment. Failure to comply with 
the provisions of the law may result in the imposition of a civil 
monetary penalty of up to $1000 per day and/or the imposition of an 
administrative compliance order on the responsible entity. By signing 
and submitting this application the applicant/grantee certifies that it 
will comply with the requirements of the Act.
    The applicant/grantee further agrees that it will require the 
language of this certification be included in any subawards which 
contain provisions for the children's services and that all subgrantees 
shall certify accordingly.

Attachment 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

[[Page 15293]]

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 
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. E9-7502 Filed 4-2-09; 8:45 am]
BILLING CODE 4184-01-P