Family Violence Prevention and Services/Grants for Domestic Violence Shelters/Grants to Native American Tribes (Including Alaska Native Villages) and Tribal Organizations, 14596-14602 [2010-6734]

Agencies

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

[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14596-14602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6734]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


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).
    Program Announcement Number: HHS-2010-ACF-ACYF-FVPS-0015.

[[Page 14597]]

    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: April 15, 2010.
    This announcement was originally published on March 16, 2010 on the 
Administration for Children and Families' (ACF) Funding Opportunities 
Web site and may be accessed in a pdf format at https://www.acf.hhs.gov/grants/open/foa/view/hhs-2010-acf-acyf-fvps-0015.
    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) 2010. 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: Fiscal Year 2010 grant awards are authorized 
by the Family Violence Prevention and Services Act, 42 U.S.C. 10401 
through 10421 (extended by the Department of Health and Human Services 
Appropriations Act, 2010, Public Law 111-117, and/or any subsequent 
pertinent legal authorities).

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 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 2009, the Department of Health and Human Services (HHS) 
made 193 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 (VAWA) 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.
    No personally identifying client-level data may be shared with a 
third party, regardless of encryption, hashing or other data security 
measures, without first obtaining a written, reasonably time-limited 
consent to release as described in section 40002(b)(2) of the Violence 
Against Women Act of 1994. A client's consent to the release of 
personal information must also be informed, which includes the client's 
receipt of information about the possible risks of releasing 
information to the third party in question. Additionally, all consents 
must be voluntary and cannot be or appear to be a precondition for 
receiving services.
    FYSB further requires that grantees only collect unduplicated data 
for each program. The count should be within a single program only. 
FYSB acknowledges the count will be duplicated across programs 
statewide. Grantees may share aggregate data and non-identifying 
demographic information.

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 
Tribal communities 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, 
programs and activities funded in whole or in part with FVPSA funds 
must not discriminate on the basis of age, handicap, sex, race, color, 
national origin or religion (See 42 U.S.C. 10406). The HHS Office for 
Civil Rights provides guidance to grantees in

[[Page 14598]]

complying with these nondiscrimination requirements. Moreover, in 
addition to being widely accessible, all assistance must be provided on 
a voluntary basis; receipt of shelter or housing must not be 
conditioned on participation in supportive services.

Annual Tribal Grantee Meeting

    At least one FVPSA grant administrator per Tribal organization 
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 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 2010, 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. These announcements are available at 74 
FR 15273 (States--https://www.acf.hhs.gov/grants/closed/HHS-2009-ACF-ACYF-FVPS-0035.html) and at 74 FR 15387 (Coalitions--https://www.acf.hhs.gov/grants/closed/HHS-2009-ACF-ACYF-SDVC-0030.html). The 
FVPSA expired on September 30, 2008. Its reauthorization could 
introduce new statutory or administrative requirements impacting 
grantees.

Tribal Allocations

    In computing Tribal allocations, FYSB will use the latest available 
population figures from the Census Bureau. The latest Census population 
counts may be viewed at https://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, which is 
available at https://www.bia.gov/WhatWeDo/Knowledge/Reports/index.htm. 
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, FYSB is 
balancing the need for basic services for all Tribes with the greater 
demand for services among Tribes with larger populations. In FY 2009, 
actual grant awards ranged from $26,592 to $2,326,834.
    Tribes are encouraged to apply for FVPSA funding as a consortium. 
Tribal

[[Page 14599]]

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 
2010 funds may be used for expenditures from October 1, 2009, through 
September 30, 2011. For example:

------------------------------------------------------------------------
   Award year (Federal      Project period (24  Application requirements
    fiscal year (FY))            Months)        and  expenditure periods
------------------------------------------------------------------------
FY 2010..................  10/01/2009--9/30/    Regardless of the date
                            2011.                the award is received,
                                                 these funds may be
                                                 expended by the grantee
                                                 for obligations
                                                 incurred since October
                                                 1, 2009. The funds may
                                                 be expended through
                                                 September 30, 2011.
FY 2011..................  10/01/2010--9/30/    Regardless of the date
                            2012.                the award is received,
                                                 these funds may be
                                                 expended by the grantee
                                                 for obligations
                                                 incurred since October
                                                 1, 2010. The funds may
                                                 be expended through
                                                 September 30, 2012.
------------------------------------------------------------------------

    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 2010 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, 2011.

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 Content of 
Application Submission in Section IV. of this announcement.) 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. A D-U-N-S number is required whether an applicant is 
submitting a paper application or using the Government-wide electronic 
portal, Grants.gov. A D-U-N-S number is 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. A D-U-N-S number may be acquired at no cost online at https://www.dnb.com. To acquire a D-U-N-S and U.S. Virgin Islands: 1-866-705-
5711; Alaska and Puerto Rico: 1-800-234-3867 (Select Option 2, then 
Option 1) Monday-Friday 7 AM to 8 PM C.S.T.

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 Tribal resolution or an equivalent document 
that verifies Tribal approval of the application being submitted. The 
resolution or other document should, at minimum, cover the entirety of 
FY 2010 and should state 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 pursuant 
to 42 U.S.C. 10402(b)(2)). A Tribe may also opt to include in its 
resolution or equivalent document an extended approval period of up to 
four years, or through fiscal year 2013.

    Note:  An applicant that received no funding in the immediately 
preceding fiscal year must submit a new Tribal resolution or its 
equivalent. An applicant funded as part of a consortium in the 
immediately preceding year that is now seeking funds as a single 
Tribe must also submit a new resolution or its equivalent. Likewise, 
an applicant funded as a single Tribe in the immediately preceding 
fiscal year that is now seeking funding as a part of a consortium 
must submit a new resolution or its equivalent.

    (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 or Tribal 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;

[[Page 14600]]

    (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 BIA contracts awarded under Public Law 93-638; 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, Pub. 
L. 104-13, the public reporting burden for the project description 
is estimated to average 10-hours-per-response, including the time 
for reviewing instructions, gathering and maintaining the data 
needed, and reviewing the collection information. The Project 
Description information collection is approved under OMB control 
number 0970-0280, which expires on December 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 Attachment A)

    Each application must provide the assurances in Attachment A. The 
assurances may be included in the body of the narrative application or 
Attachment A may be printed, signed, and included in the application as 
an attachment.

Certifications

    All applications must submit or comply with the required 
certifications found in Attachments B, C, and D as follows:
Anti-Lobbying Certification and Disclosure Form (See Attachment B): 
Applicants Should Sign and Return the Certification With Their 
Application
    Certification Regarding Environmental Tobacco Smoke (See Attachment 
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 
Attachment 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 https://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

    ACF grantees must submit 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 include 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 is available on the 
Family and Youth Services Bureau Web site at https://www.acf.hhs.gov/programs/fysb/content/forms/reportforms/fv/ACF_FYSB_FVPSA_Tribal_SF_PPR_v1_0.pdf.
    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, 
Attention: 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 announcement, which is due December 29, 
2010, is based on the Federal FY and will cover October 1, 2009, 
through September 30, 2010. The final SF-269A for funding under this 
announcement, which is due December 29, 2011, will cover October 1, 
2010, through September 30, 2011. The SF 269A can be found at https://www.whitehouse.gov/omb/assets/omb/grants/sf269.pdf.
    Completed reports may be mailed to: Kalika France, 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/ssi/.
    Failure to submit reports on time may be a basis for withholding 
grant funds, suspension, or termination of the grant. In addition, all 
funds reported after the obligation period will be recouped.

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).

[[Page 14601]]

    Direct Federal grants, sub-award funds, or contracts under this ACF 
program shall not be used to support inherently religious activities 
such as religious instruction, worship, or proselytization. Therefore, 
organizations must take steps to separate, in time or location, their 
inherently religious activities from the services funded under this 
program. Regulations pertaining to the Equal Treatment for Faith-Based 
Organizations, which includes the prohibition against Federal funding 
of inherently religious activities, can be found at the HHS Web site at 
https://www.hhs.gov/fbci/waisgate21.pdf.

VIII. Other Information

    For Further Information Contact: Shena Williams at (202) 205-5932 
or e-mail at shena.williams@acf.hhs.gov.

    Dated: March 19, 2010.
Bryan Samuels,
Commissioner, Administration on Children, Youth and Families.

Attachments: Required Assurances and Certifications:

A. Assurances
B. Certification Regarding Lobbying
C. Certification Regarding Environmental Tobacco Smoke
D. Drug-Free Workplace Requirements

Attachment 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

Attachment B--Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge 
and belief, that:
    (1) No Federal appropriated funds have been paid or will be 
paid, by or on behalf of the undersigned, to any person for 
influencing or attempting to influence an officer or employee of an 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with the awarding 
of any Federal contract, the making of any Federal grant, the making 
of any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan, or cooperative agreement, the undersigned shall complete and 
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards 
at all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all 
subrecipients shall certify and disclose accordingly. This 
certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $10,000 and not 
more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with this 
commitment providing for the United States to insure or guarantee a 
loan, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions. Submission of this statement is a prerequisite for 
making or entering into this transaction imposed by section 1352, 
Title 31, U.S. Code. Any person who fails to file the required 
statement shall be subject to a civil penalty of not less than 
$10,000 and not more than $100,000 for each such failure.
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Signature

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Title

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Organization

Attachment C--Certification Regarding Environmental Tobacco Smoke

    The Pro-Children Act of 2001, 20 U.S.C. 7181 through 7184, 
imposes restrictions on smoking in facilities where Federally funded 
children's services are provided. HHS grants are subject to these 
requirements only if they meet the Act's specified coverage. The Act 
specifies that smoking is prohibited in any indoor facility (owned, 
leased, or contracted for) used for the routine or regular provision 
of kindergarten, elementary, or secondary education or library 
services to children under the age of 18. In addition, smoking is 
prohibited in any indoor facility or portion of a facility (owned, 
leased, or contracted for) used for the routine or regular provision 
of federally funded health care, day care, or early childhood 
development, including Head Start services to children under the age 
of 18. The statutory prohibition also applies if such facilities are 
constructed, operated, or maintained with Federal funds. The statute 
does not apply to children's services provided in private 
residences, facilities funded solely by Medicare or Medicaid funds, 
portions of facilities used for inpatient drug or alcohol treatment, 
or facilities where WIC coupons are redeemed. Failure to comply with 
the provisions of the law may result in the imposition of a civil 
monetary penalty of up to $1,000 per violation and/or the imposition 
of an administrative compliance order on the responsible entity.

Attachment D--Certification Regarding Drug-Free Workplace Requirements

    This certification is required by the regulations implementing 
the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F. 
Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that 
a Federal agency may designate a central receipt point for state-
wide and state agency-wide certifications, and for notification of 
criminal drug convictions. For the Department of

[[Page 14602]]

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.
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Certification Regarding Drug-Free Workplace Requirements 
(Instructions for Certification)

    (1) By signing and/or submitting this application or grant 
agreement, the grantee is providing the certification set out below.
    (2) The certification set out below is a material representation 
of fact upon which reliance is placed when the agency awards the 
grant. If it is later determined that the grantee knowingly rendered 
a false certification, or otherwise violates the requirements of the 
Drug-Free Workplace Act, the agency, in addition to any other 
remedies available to the Federal Government, may take action 
authorized under the Drug-Free Workplace Act.
    (3) For grantees other than individuals, Alternate I applies.
    (4) For grantees who are individuals, Alternate II applies.
    (5) Workplaces under grants, for grantees other than 
individuals, need not be identified on the certification. If known, 
they may be identified in the grant application. If the grantee does 
not identify the workplaces at the time of application, or upon 
award, if there is no application, the grantee must keep the 
identity of the workplace(s) on file in its office and make the 
information available for Federal inspection. Failure to identify 
all known workplaces constitutes a violation of the grantee's drug-
free workplace requirements.
    (6) Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under 
the grant takes place. Categorical descriptions may be used (e.g., 
all vehicles of a mass transit authority or State highway department 
while in operation, State employees in each local unemployment 
office, performers in concert halls or radio studios).
    (7) If the workplace identified to the agency changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question 
(see paragraph five).
    (8) Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to 
this certification. Grantees' attention is called, in particular, to 
the following definitions from these rules:
    Controlled substance means a controlled substance in Schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812) and as 
further defined by regulation (21 CFR 1308.11 through 1308.15);
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the 
Federal or State criminal drug statutes;
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    Employee means the employee of a grantee directly engaged in the 
performance of work under a grant, including: (i) All direct charge 
employees; (ii) All indirect charge employees unless their impact or 
involvement is insignificant to the performance of the grant; and, 
(iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the grant and who are on the 
grantee's payroll. This definition does not include workers not on 
the payroll of the grantee (e.g., volunteers, even if used to meet a 
matching requirement; consultants or independent contractors not on 
the grantee's payroll; or employees of subrecipients or 
subcontractors in covered workplaces).

Certification Regarding Drug-Free Workplace Requirements

Alternate I. (Grantees Other Than Individuals)

    The grantee certifies that it will or will continue to provide a 
drug-free workplace by:
    (1) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (2) Establishing an ongoing drug-free awareness program to 
inform employees about--
    (a) The dangers of drug abuse in the workplace;
    (b) The grantee's policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (d) The penalties that may be imposed upon employees for drug 
abuse violations occurring in the workplace;
    (3) Making it a requirement that each employee to be engaged in 
the performance of the grant be given a copy of the statement 
required by paragraph (a);
    (4) Notifying the employee in the statement required by 
paragraph (a) that, as a condition of employment under the grant, 
the employee will--
    (a) Abide by the terms of the statement; and
    (b) Notify the employer in writing of his or her conviction for 
a violation of a criminal drug statute occurring in the workplace no 
later than five calendar days after such conviction;
    (5) Notifying the agency in writing, within 10 calendar days 
after receiving notice under paragraph (d)(2) from an employee or 
otherwise receiving actual notice of such conviction. Employers of 
convicted employees must provide notice, including position title, 
to every grant officer or other designee on whose grant activity the 
convicted employee was working, unless the Federal agency has 
designated a central point for the receipt of such notices. Notice 
shall include the identification number(s) of each affected grant;
    (6) Taking one of the following actions, within 30 calendar days 
of receiving notice under paragraph (d)(2), with respect to any 
employee who is so convicted--
    (a) Taking appropriate personnel action against such an 
employee, up to and including termination, consistent with the 
requirements of the Rehabilitation Act of 1973, as amended; or
    (b) Requiring such employee to participate satisfactorily in a 
drug abuse assistance or rehabilitation program approved for such 
purposes by a Federal, State, or local health, law enforcement, or 
other appropriate agency;
    (7) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c), 
(d), (e) and (f).
    The grantee may insert in the space provided below the site(s) 
for the performance of work done in connection with the specific 
grant:
    Place of Performance (Street address, city, county, state, zip 
code)
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    Check if there are workplaces on file that are not identified 
here.

Alternate II. (Grantees Who Are Individuals)

    (1) The grantee certifies that, as a condition of the grant, he 
or she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in 
conducting any activity with the grant;
    (2) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or 
she will report the conviction, in writing, within 10 calendar days 
of the conviction, to every grant officer or other designee, unless 
the 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. 2010-6734 Filed 3-25-10; 8:45 am]
BILLING CODE 4184-01-P