Family Violence Prevention and Services/Grants for Domestic Violence Shelters/Grants to Native American Tribes (Including Alaska Native Villages) and Tribal Organizations, 15280-15287 [E9-7503]

Download as PDF 15280 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 Program Office .................................................... Funding Opportunity Number ............................. Announcement Title ............................................ sroberts on PROD1PC70 with NOTICES CFDA Number .................................................... Due Date for Applications ................................... 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). VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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) lllllllllllllllllllll lllllllllllllllllllll 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. E9–7504 Filed 4–2–09; 8:45 am] BILLING CODE 4184–01–P 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 Administration on Children, Youth and Families (ACYF), Family and Youth Services Bureau (FYSB). 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. 93.671. May 4, 2009. 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, PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 nonprofit 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 sroberts on PROD1PC70 with NOTICES 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 FVPSAfunded 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 VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 15281 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 nonburdensome 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 E:\FR\FM\03APN1.SGM 03APN1 15282 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 Award year (Federal Fiscal Year (FY)) 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. Project period (24 months) sroberts on PROD1PC70 with NOTICES FY 2009 ........................ 10/01/08–9/30/10 FY 2010 ........................ 10/01/09–9/30/11 VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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: Application requirements and expenditure periods 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. 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. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 reallotment. 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 nonprofit 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 sroberts on PROD1PC70 with NOTICES 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 online at http://www.dnb.com. VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 15283 (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 nonprofit 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. E:\FR\FM\03APN1.SGM 03APN1 15284 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 sroberts on PROD1PC70 with NOTICES 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 governmentwide 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 VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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 subgrantee 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 nonresidential programs funded. Volunteers—The total number of volunteers working in FVPSAsupported 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 nonresidential clients who are women, men, PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 (nongovernmental) 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 email at shena.williams@acf.hhs.gov. sroberts on PROD1PC70 with NOTICES 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 VerDate Nov<24>2008 17:05 Apr 02, 2009 Jkt 217001 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. lllllllllllllllllllll Chief Program Official lllllllllllllllllllll Title lllllllllllllllllllll Organization 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 15285 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. lllllllllllllllllllll Signature lllllllllllllllllllll Title lllllllllllllllllllll Organization 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 E:\FR\FM\03APN1.SGM 03APN1 15286 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 sroberts on PROD1PC70 with NOTICES 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 VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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; PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 (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) lllllllllllllllllllll lllllllllllllllllllll 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 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 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 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, nonprofit Coalitions to conduct activities to promote domestic violence intervention and prevention and to increase public awareness of domestic violence issues. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families sroberts on PROD1PC70 with NOTICES 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, nonprofit 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). VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 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. 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 15287 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 E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15280-15287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7503]


-----------------------------------------------------------------------

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


[[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.

-----------------------------------------------------------------------
Chief Program Official

-----------------------------------------------------------------------
Title

-----------------------------------------------------------------------
Organization

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.

-----------------------------------------------------------------------
Signature

-----------------------------------------------------------------------
Title

-----------------------------------------------------------------------
Organization

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)
-----------------------------------------------------------------------
-----------------------------------------------------------------------

    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