[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20403-20409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5906]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Family Violence Prevention and Services/Grants for Battered 
Women's 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-2006-ACF-ACYF-FVPS-0124.
    CFDA Number: 93.671.
    Due Date for Applications: May 22, 2006.
    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.
    This announcement sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in Fiscal Year (FY) 2006. 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: Title III of the Child Abuse Amendments of 
1984 (Public Law (Pub. L.) 98-457, 42 U.S.C. 10401 et seq.) is entitled 
the ``Family Violence Prevention and Services Act'' (FVPSA). FVPSA was 
first implemented in FY 1986. The statute was subsequently amended by 
Public Law 100-294, the ``Child Abuse Prevention, Adoptions, and Family 
Services Act of 1988;'' further amended in 1992 by Public Law 102-295; 
and then amended in 1994 by Public Law 103-322, the ``Violent Crime 
Control and Law Enforcement Act.'' FVPSA was amended again in 1996 by 
Public Law 104-235, the ``Child Abuse Prevention and Treatment Act 
(CAPTA) of 1996''; in 2000 by Public Law 106-386, the ``Victims of 
Trafficking and Violence Protection Act,'' and amended further by 
Public Law 108-36, the ``Keeping Children and Families Safe Act of 
2003.'' FVPSA was most recently amended by Public Law 109-162, the 
``Violence Against Women and Department of Justice Reauthorization Act 
of 2005.''
    FVPSA may be found at 42 U.S.C. 10401 et seq.

Background

    The purpose of this legislation is to assist States and Tribes or 
Tribal organizations 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.

[[Page 20404]]

    During FY 2005, the Department of Health and Human Services (HHS) 
made 237 grants to States and Tribes or Tribal organizations. HHS also 
made 53 family violence prevention grant awards to non-profit State 
domestic violence coalitions.
    In addition, HHS supports the Domestic Violence Resource Center 
Network (DVRN). DVRN consists of the National Resource Center for 
Domestic Violence (NRC) and four Special Issue Resource Centers 
(SIRCs). The four SIRCs are: the Battered Women's Justice Project, the 
Resource Center on Child Custody and Protection, the Resource Center 
for the Elimination of Domestic Violence Against Native Women (Sacred 
Circle), and the Health Resource Center on Domestic Violence. The 
purpose of NRC and the SIRCs are to provide resource information, 
training, and technical assistance to Federal, State, and Native 
American agencies; local domestic violence prevention programs; and 
other professionals who provide services to victims of domestic 
violence.
    In February, 1996, HHS funded the National Domestic Violence 
Hotline (Hotline) to ensure that every woman has access to information 
and emergency assistance wherever and whenever she needs it. The 
Hotline is a 24-hour, toll-free service that provides crisis 
assistance, counseling, and local shelter referrals to women across the 
country. Hotline counselors also are available for non-English speaking 
persons and for people who are hearing-impaired. The hotline number is 
1-800-799-SAFE (7233); the TTY number for the hearing-impaired is 1-
800-787-3224.

General Grant Program Requirements for Tribes or Tribal Organizations

Definitions
    Tribes and Tribal organizations should use the following 
definitions in carrying out their programs. The definitions are found 
in section 320 of FVPSA.
    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 and Tribal organization: Have the same meanings given 
such terms in section 450b of Title 25.
    Shelter: The provision of temporary refuge and related assistance 
in compliance with applicable State law and regulation governing the 
provision, on a regular basis, which includes 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:
    (a) 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;
    (b) Counseling with respect to family violence, counseling or other 
supportive services by peers individually or in groups, and referral to 
community social services;
    (c) 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;
    (d) Legal advocacy to provide victims with information and 
assistance through the civil and criminal courts, and legal assistance; 
or
    (e) 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.

The Importance of Coordination of Services

    The impact of family and intimate violence includes physical injury 
and death of primary or secondary victims, psychological trauma, 
isolation from family and friends, harm to children witnessing or 
experiencing violence in homes in which the violence occurs, increased 
fear, reduced mobility and employability, homelessness, substance 
abuse, and a host of other health and related mental health 
consequences.
    The physical and cultural obstacles existing in much of Indian 
country compound the basic dynamics of domestic violence. Barriers such 
as the isolation of vast rural areas, the concern for safety in 
isolated settings, and the transportation requirements over long 
distances heighten the need for the coordination of the services 
through an often limited delivery system.
    It is estimated that between 12 percent and 35 percent of injured 
women visiting emergency rooms are there because of battery. In a 
project intended to broaden the reach of the Native American domestic 
violence community, the Indian Health Service (IHS) and FVPSA have 
collaborated to oversee the development of domestic violence community 
projects. These projects are designed to develop improved health care 
responses to domestic violence and to facilitate collaboration between 
the local health care system and local American Indian and Alaskan 
Native domestic violence advocacy programs. In this effort, IHS also is 
collaborating with representatives of Mending the Sacred Hoop, 
Cangleska, Inc., and the Family Violence Prevention Fund to provide 
training, technical assistance, and oversight to the pilot projects.
    To help bring about a more effective response to the problem of 
domestic violence, HHS urges Tribes and Tribal organizations receiving 
funds under this grant announcement to coordinate activities under this 
grant with other new and existing resources for the prevention of 
family and intimate violence.

Annual Tribal Grantee Conference

    FVPSA administrators should plan to attend the annual Tribal 
Grantee Conference. A subsequent Program Instruction and/or Information 
Memorandum will advise the Tribal FVPSA Administrators of the date, 
time, and location of the grantee conference.

Client Confidentiality

    FVPSA programs must establish or implement policies and protocols 
for maintaining the safety and confidentiality of the victims of 
domestic violence, sexual assault, and stalking. It is essential that 
the confidentiality of adult victims and their children receiving FVPSA 
services be protected. Consequently, when providing statistical data on 
program activities, individual identifiers of client

[[Page 20405]]

records will not be used (section 303(a)(2)(E)).

II. Funds Available

    For FY 2006, HHS will make available for grants to designated State 
agencies 70 percent of the amount appropriated under section 310(a)(1) 
of the FVPSA, which is not reserved under section 310(a)(2). In this 
separate announcement, HHS will allocate 10 percent of the foregoing 
appropriation to the Tribes and Tribal organizations for the 
establishment and operation of shelters, safe houses, and the provision 
of related services. HHS also plans to make 10 percent of the foregoing 
appropriation available to State domestic violence coalitions to 
continue their work within the domestic violence community by providing 
technical assistance and training and advocacy services, among other 
activities, with local domestic violence programs to encourage 
appropriate responses to domestic violence within the States.
    Five percent of the amount appropriated under section 310(a)(1) of 
the FVPSA, which is not reserved under section 310(a)(2), will be 
available in FY 2006 to continue the support for the NRC and the four 
SIRCs. Additional funds appropriated under FVPSA will be used to 
support other activities, including training and technical assistance, 
collaborative projects with advocacy organizations and service 
providers, data collection efforts, public education activities, 
research and other demonstration projects, as well as the ongoing 
operation of the NDVH.

Native American Tribal Allocations

    Native American Tribes and Tribal organizations are eligible for 
funding under this program if they meet the definition of ``Indian 
Tribe'' or ``Tribal organization'' at 25 U.S.C. 450b, and if they are 
able to demonstrate their capacity to carry out family violence 
prevention and services programs.
    Any Tribe that believes it meets the eligibility criteria should 
provide supportive documentation in its application and a request for 
inclusion on the list of eligible Tribes. (See Section IV. Application 
Requirements for Tribes or Tribal Organizations.)
    In computing Tribal allocations, we will use the latest available 
population figures from the Census Bureau. Where Census Bureau data are 
unavailable, we will use figures from the Bureau of Indian Affairs' 
(BIA's) Indian Population and Labor Force Report.
    Because section 304 of FVPSA specifies a minimum base amount for 
State allocations, we have set a base amount for Tribal allocations. 
Since FY 1986, we have found, in practice, that the establishment of a 
base amount has facilitated our efforts to make a fair and equitable 
distribution of limited grant funds.
    Due to the expanded interest in the prevention of family violence 
and in the provision of services to victims of family violence and 
their dependents, we have received an increasing number of Tribal 
applications over the past several years. In order to ensure the 
continuance of an equitable distribution of family violence prevention 
and services funding in response to the increased number of Tribes that 
apply, we have adjusted the funding formula for the allocation of 
family violence funds.
    Tribes that meet the application requirements and whose reservation 
and surrounding Tribal Trust Lands' population is:
     Less than or equal to 1,500 will receive a minimum base 
amount of $1,500;
     Between 1,500 and 3,001 will receive a minimum base amount 
of $3,000;
     Between 3,001 and 4,000 will receive a minimum base amount 
of $4,000; and,
     Between 4,001 and 5,000 will receive a minimum base amount 
of $5,000.
    The minimum base amounts are computed in relation to the Tribe's 
population and the progression of an additional $1,000 per 1,000 
persons if the population range continues until the Tribe's population 
reaches 50,000.
    Tribes with a population of 50,000 to 100,000 will receive a 
minimum of $50,000 and Tribes with a population of 100,001 to 150,000 
will receive a minimum of $100,000.
    Once the base amounts have been distributed to the Tribes that have 
applied for FVPSA funding, the ratio of the Tribe's population to the 
total population of all the applicant Tribes is then considered in 
allocating the remainder of the funds. We have accounted for the 
variance in actual population and scope of the FVPSA programs with the 
distribution of a proportional amount plus a base amount to the Tribes. 
Under the previous allocation plan, we did not have a method by which 
to consider the variance in Tribal census counts. As in previous years, 
Tribes are encouraged to apply as consortia for the FVPSA funding.

Expenditure Periods

    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 2006 funds may be used for expenditures from October 1, 2005 
through September 30, 2007. Funds are available for obligation only 
through September 30, 2006 and must be liquidated by September 30, 
2007.
    Reallotted 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 2006 grant funds that are made available 
to Tribes and Tribal organizations through reallotment must be expended 
by the grantee no later than September 30, 2007.

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.)
    As in previous years, Tribes may apply singularly or as a 
consortium. In addition, a non-profit private 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, 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

[[Page 20406]]

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

The Paperwork Reduction Act of 1995 (Pub. L. 104-13)

    Public reporting burden for this collection of information is 
estimated to average six hours per response, including the time for 
reviewing instructions, gathering and maintaining the data needed, and 
reviewing the collection information. The project description is 
approved under OMB control number 0970-0280, which expires October 31, 
2008.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.

Form and Content of Application Submission

    The application from the Tribe or Tribal organization must be 
signed by the Chief Executive Officer or Tribal Chairperson of the 
applicant organization.
    1. The name of the organization or agency and the Chief Program 
Official designated as responsible for administering funds under FVPSA 
and coordinating related programs, and the name, telephone number, and 
fax number, if available, of a contact person in the designated 
organization or agency.
    2. 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 (section 303(b)(2)).
    3. A description of the procedures designed to involve 
knowledgeable individuals and interested organizations in providing 
services under FVPSA (section 303(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 
coalitions against domestic violence, and operators of family violence 
shelters and service programs.
    4. 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.
    5. 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.
    6. Documentation of the procedures that assure the confidentiality 
of records pertaining to any individual provided family violence 
prevention or treatment services by any program assisted under FVPSA 
(section 303(a)(2)(E)).
    7. The Employee Identification Number (EIN) of the applicant 
organization submitting the application.

Assurances

    Each application must contain the following assurances:
    (a) That not less than 70 percent of the funds shall be used for 
immediate shelter and related assistance for victims of family violence 
and their dependents and not less than 25 percent of the funds 
distributed shall be used to provide related assistance (section 
303(g)).
    (b) That any grants made to an entity other than a State or Tribe 
will meet the matching requirements in section 303(f), i.e., not less 
than 20 percent of the total funds provided for a project under Chapter 
110 of Title 42 of the U.S. Code with respect to an existing program, 
and with respect to an entity intending to operate a new program under 
this title, not less than 35 percent. The local share will be cash or 
in-kind; and the local share will not include any Federal funds 
provided under any authority other than this chapter (section 303(f)).
    (c) That grant funds made available under FVPSA will not be used as 
direct payment to any victim or dependent of a victim of family 
violence (section 303(d)).
    (d) That no income eligibility standard will be imposed on 
individuals receiving assistance or services supported with funds 
appropriated to carry out FVPSA (section 303(e)).
    (e) That 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 (section 303(a)(2)(E)).
    (f) That a law or procedure has been implemented for the eviction 
of an abusing spouse from a shared household (section 303(a)(2)(F)).
    (g) 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 (section 307).
    (h) 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.

Certifications

    All applications must submit or comply with the required 
certifications found in the Appendices as follows:
    Anti-Lobbying Certification and Disclosure Form (See Appendix A): 
Applicants must furnish prior to award an executed copy of the SF-LLL, 
Certification Regarding Lobbying, when applying for an award in excess 
of $100,000. Applicants who have used non-Federal funds for lobbying 
activities in connection with receiving assistance under this 
announcement shall complete a disclosure form, if applicable, with 
their applications (approved by OMB under control number 0348-0046). 
Applicants should sign and return the certification with their 
application.
    Certification Regarding Environmental Tobacco Smoke (See Appendix 
B): Applicants must also understand they will be held accountable for 
the smoking prohibition included within Public Law 103-227, Title XII 
Environmental Tobacco Smoke (also known as the PRO-KIDS Act of 1994). A 
copy of the Federal Register notice which implements the smoking 
prohibition is included with forms. By signing and submitting the 
application, applicants are providing the certification and need not 
mail back the certification with the application.
    Certification Regarding Drug-Free Workplace Requirements (See 
Appendix C): The signature on the application by the chief program 
official attests to the applicant's intent to comply with the

[[Page 20407]]

Drug-Free Workplace requirements and compliance with the Debarment 
Certification. The Drug-Free Workplace certification does not have to 
be returned with the application.
    These certifications also may be found at http://www.acf.hhs.gov/programs/ofs/forms.htm.

Notification Under Executive Order 12372

    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 and Youth Services Bureau, 
Administration on Children, Youth, and Families, Administration for 
Children and Families, Attention: William D. Riley, Portals One, 1250 
Maryland Avenue, SW., Room 8239, 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

    A 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.
    The Performance Report should include the following data elements:
    Funding--The total amount of the FVPSA grant funds awarded; the 
percentage of funding used for shelters, and the percentage of funding 
used for related services and assistance.
    Shelters--The number of shelters and shelter programs (safe homes/
motels, etc.) assisted by FVPSA program funding. Data elements should 
include:
     The number of shelters.
     The number of women sheltered.
     The number of young children sheltered (birth-12 years of 
age).
     The number of teenagers and young adults (13-17 years of 
age).
     The number of men sheltered.
     The number of the elderly serviced.
     The average length of stay.
     The number of women, children, teens, and others that were 
turned away because shelter was unavailable.
     The number of women, children, teens, and others that were 
referred to other shelters due to lack of space.
    Types of individuals served (including special populations)--Record 
information by numbers and percentages against the total population 
served. Individuals and special populations served should include:
     The elderly.
     Individuals with physical challenges.
     Other special needs populations.
    Related services and assistance--List the types of related services 
and assistance provided to victims and their family members by 
indicating the number of women, children, and men that have received 
services. Services and assistance may include, but are not limited to, 
the following:
     Individual counseling.
     Services to children.
     Crisis intervention/hotline.
     Information and referral.
     Batterers support services.
     Legal advocacy services.
     Transportation.
     Services to teenagers.
     Emergency child care.
     Training and technical assistance.
     Housing advocacy.
     Other innovative program activities.
    Volunteers--List the total number of volunteers and hours worked.
    Service referrals--List the number of women, children, and men 
referred for the following services: (Note: If the individual was 
identified as a batterer please indicate.)
     Physical abuse.
     Alcohol abuse.
     Drug abuse.
     Batterer intervention services.
     Child abuse.
     Witnessed abuse.
     Emergency medical intervention.
     Law enforcement intervention.
    The performance report should include narratives of success stories 
about services provided and the positive impact on the lives of 
children and families. Examples may include the following:
     An explanation of the activities carried out including an 
assessment of the major activities supported by the family violence 
funds; what particular priorities within the Tribe or Tribal 
organization were addressed; and what special emphases were placed on 
these activities;
     A description of the specific services and facilities that 
your program funded, contracted with, or otherwise used in the 
implementation of your program, e.g., shelters, safe houses, related 
assistance, programs for batterers;
     An assessment of the effectiveness of the direct service 
activities contemplated in the application;
     A description of how the needs of under-served 
populations, including those persons geographically isolated were 
addressed; and
     A description and assessment of the prevention activities 
supported during the program year, e.g., community education events, 
and public awareness efforts.
    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 and Youth Services 
Bureau, Administration on Children, Youth and Families, Administration 
for Children and Families, Attn: William Riley, Portals One, 1250 
Maryland Avenue, SW., Room 8238, Washington, DC 20024.

Financial Status Reports

    Grantees must submit annual Financial Status Reports. The first SF-
269A is due December 29, 2006. The final SF-269A is due December 29, 
2007. SF 269A can be found at http://www.whitehouse.gov/omb/grants/grantsforms.html.
    Completed reports may be mailed to: Rachel Hickson, Division of 
Mandatory Grants, Office of Grants Management, Administration for 
Children and Families, 370 L'Enfant Promenade, SW., Washington, DC 
20447.
    Grantees have the option to submit their reports online through the 
Online Data Collection (OLDC) system at the following address: http://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

    Tribes and Tribal Organizations will comply with the applicable 
Departmental recordkeeping and reporting requirements and general 
requirements for the administration of grants under 45 CFR part 92.

[[Page 20408]]

    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.os.dhhs.gov/fbci/waisgate21.pdf. Faith-based and community 
organizations may reference the ``Guidance to Faith-Based and Community 
Organizations on Partnering with the Federal Government'' at http://
www.whitehouse.gov/government/fbci/guidance/index.html.

VIII. Other Information

FOR FURTHER INFORMATION CONTACT: Shena Williams at (202) 205-9532 or e-
mail at [email protected]; William D. Riley at (202) 401-5529 or 
e-mail at [email protected]; or Sunni Knight at (202) 401-5319 or e-
mail at [email protected].

    Dated: April 12, 2006.
Joan E. Ohl,
Commissioner, Administration on Children, Youth, and Families.
Appendices: Required Certifications:
    A. Certification Regarding Lobbying.
    B. Certification Regarding Environmental Tobacco Smoke.
    C. Drug-Free Workplace Requirements.

Appendix A--Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

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

Statement for Loan Guarantees and Loan Insurance

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

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

Appendix C--Certification Regarding Drug-Free Workplace Requirements

    This certification is required by the regulations implementing 
the Drug-Free Workplace Act of 1988: 45 CFR part 76, subpart F, 
sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that 
a Federal agency may designate a central receipt point for STATE-
WIDE AND STATE AGENCY-WIDE certifications, and for notification of 
criminal drug convictions. For the Department of Health and Human 
Services, the central 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

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

Alternate II. (Grantees Who Are Individuals)

    (a) The grantee certifies that, as a condition of the grant, he 
or she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in 
conducting any activity with the grant;
    (b) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or 
she will report the conviction, in writing, within 10 calendar days 
of the conviction, to every grant officer or other designee, unless 
the Federal agency designates a central point for the receipt of 
such notices. When notice is made to such a central point, it shall 
include the identification number(s) of each affected grant.

[FR Doc. E6-5906 Filed 4-19-06; 8:45 am]
BILLING CODE 4184-01-P