[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Notices]
[Pages 1732-1738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-373]


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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 States

    Program Office: Administration on Children, Youth and Families 
(ACYF), Family and Youth Services Bureau (FYSB).
    Program Announcement Number: HHS-2007-ACF-ACYF-FVPS-0123.
    Announcement Title: Family Violence Prevention and Services/
Grants for Battered Women's Shelters/Grants to States.
    CFDA Number: 93.671.
    Due Date for Applications: February 15, 2007.

    Executive Summary: This announcement governs the proposed award of 
mandatory grants under the Family Violence Prevention and Services Act 
(FVPSA) to States (including Territories and Insular Areas). The 
purpose of these grants is to assist States 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) 2007.

I. Description

    Legislative Authority: Title III of the Child Abuse Amendments of 
1984 (Public Law (Pub. L.) 98-457, 42 United States Code (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 Pub. L. 100-294, the ``Child Abuse Prevention, 
Adoptions, and Family Services Act of 1988;'' further amended in 1992 
by Pub. L. 102-295; and then amended in 1994 by Pub. L. 103-322, the 
``Violent Crime Control and Law Enforcement Act.'' FVPSA was amended 
again in 1996 by Pub. L. 104-235, the ``Child Abuse Prevention and 
Treatment Act (CAPTA) of 1996;'' in 2000 by Pub. L. 106-386, the 
``Victims of Trafficking and Violence Protection Act,'' and amended 
further by Pub. L. 108-36, the ``Keeping Children and Families Safe Act 
of 2003.'' FVPSA was most recently amended by Pub. L. 109-162, the 
``Violence Against Women Reauthorization Act of 2005'' and by Pub. L. 
109-271, which was enacted on August 17, 2006.'' FVPSA may be found at 
42 U.S.C. 10401 et seq.

Background

    The purpose of this legislation is to assist States and Indian 
Tribes, Tribal organizations, and non-profit private organizations 
approved by an Indian Tribe 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.
    During FY 2006, 241 grants were made to States and Indian Tribes, 
Tribal organizations, and non-profit private organizations approved by 
Indian Tribes. The U.S. Department of Health and Human Services (HHS) 
also made 53 family violence prevention grant U.S. awards to non-profit 
State domestic violence coalitions.
    In addition, HHS supports 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, Sacred Circle Resource Center 
for the Elimination of Domestic Violence Against Native Women, and the 
Health Resource Center on Domestic Violence. The purpose of NRC and 
SIRCs is 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 and man has access to information and emergency assistance 
wherever and whenever it is needed. 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 Applicable to States

Definitions
    States 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.
    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

[[Page 1733]]

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 for 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 provided by peers individually or in groups, and 
referral to community social services;
    (c) Transportation and 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, and child care 
services for children who are victims of family violence or the 
dependents of such victims, and children who witness domestic violence.

Annual State Administrators Grantee Conference

    The annual grantee conference for the State FVPSA Administrators is 
a training and technical assistance activity. A subsequent Program 
Instruction and/or Information Memorandum will advise the State FVPSA 
Administrators of the date, time and location of their grantee 
conference.

Client Confidentiality

    FVPSA programs must establish or implement policies and protocols 
for maintaining the safety and confidentiality of the adult victims and 
their children of domestic violence, sexual assault, and stalking. 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 (section 303(a)(2)(E)).
    The confidentiality provisions described at 42 U.S.C., section 
13701, apply to programs funded under the Violence Against Women Act, 
as amended, including certain awards made under the Family Violence 
Prevention and Services Act. These confidentiality requirements were 
strengthened and clarified with the passage of the Violence Against 
Women Reauthorization Act of 2005, Pub. L. 109-162, as recently amended 
by Pub. L. 109-271. The revised confidentiality provisions impose 
conditions regarding the disclosure of personally identifying 
information, confidentiality, information sharing, and compulsory 
release of information.

Stop Family Violence Postal Stamp

    The U.S. Postal Service was directed by the ``Stamp Out Domestic 
Violence Act of 2001'' (the Act), Pub. L. 107-62, to make available a 
``semipostal'' stamp to provide funding for domestic violence programs. 
Funds raised in connection with sales of the stamp, less reasonable 
costs, have been transferred to HHS in accordance with the Act for 
support of services to children and youth affected by domestic 
violence.
    As of FY 2006, $2.3 million has been transferred and made available 
in support of grants for ``Demonstration Programs for The Enhanced 
Services to Children and Youth Who Have Been Exposed to Domestic 
Violence.'' Sixty-five (65) applications were received and reviewed and 
nine (9) successful applicants are in the second year of their 
projects. The project sites are in Castle Rock, CO; Harrisburg, PA; 
Oklahoma City, OK; Eugene, OR; Oakland, CA; Albany, NY; Lansing, MI; 
Richmond, VA; and Washington, DC. ACF anticipates information on the 
progress and activities of the successful applicants and their programs 
in FY 2007.

The Importance of Coordination of Services

    The impacts of domestic violence include 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.
    Coordination and collaboration among the police, prosecutors, the 
courts, victim services providers, child welfare and family 
preservation services, and medical and mental health service providers 
is needed to provide more responsive and effective services to victims 
of domestic violence and their families. It is essential that all 
interested parties are involved in the design and improvement of 
intervention and prevention activities.
    To help bring about a more effective response to the problem of 
domestic violence, HHS urges the designated State agencies receiving 
funds under this grant announcement to coordinate activities funded 
under this grant with other new and existing resources for the 
prevention of domestic violence and related issues.

National Data Collection and Outcomes Measurement (DOW)

    The need to accurately communicate reliable and appropriate data 
that capture the impact of domestic violence prevention and 
intervention efforts, and to provide shelters, States and State 
domestic violence coalitions with tools for self-assessment, continues 
as the Documenting Our Work (DOW) Initiative. In collaboration with 
partners at the State FVPSA programs, State domestic violence 
coalitions, and experts on both data collection and domestic violence 
prevention issues, the effort to develop informative, succinct and non-
burdensome reporting formats continues. During FY 2006 and in concert 
with State FVPSA administrators, State domestic violence coalitions, 
and local service providers, four (4) States have volunteered as pilot 
sites to assess proposed program reporting procedures and test the 
reliability of the outcome measures for FVPSA programs. Any recommended 
changes for information and reporting formats will be accompanied by 
specifically designated workshops or adjunctive discussions to 
regularly occurring meetings.

II. Funds Available

    For FY 2007, HHS will make available for grants to designated State 
agencies 70 percent of the amount appropriated under section 310(a)(1) 
of FVPSA, which is not reserved under section 310(a)(2). In separate 
announcements, HHS will allocate 10 percent of the foregoing 
appropriation to Tribes and Tribal organizations for the establishment 
and operation of shelters, safe houses, and the provision of related 
services; and 10 percent to the 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 and to encourage 
appropriate responses to domestic violence within the States.

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    Five percent of the amount appropriated under section 310(a)(1) of 
FVSPA, which is not reserved under section 310(a)(2), will be available 
in FY 2007 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 
Hotline.

State Allocation

    FVPSA grants to the States, the District of Columbia, and the 
Commonwealth of Puerto Rico are based on a population formula. Each 
State grant shall be $600,000 with the remaining funds allotted to each 
State on the same ratio as the population of the State has to the 
population of all States (section 304(a)(2)). State populations are 
determined on the basis of the most recent census data available to the 
Secretary of HHS and, the Secretary shall use for such purpose, if 
available, the annual current interim census data produced by the 
Secretary of Commerce pursuant to section 181 of Title 13.
    For the purpose of computing allotments, the statute provides that 
Guam, American Samoa, the Virgin Islands, and the Northern Mariana 
Islands will each receive grants of not less than one-eighth of one 
percent of the amounts appropriated (section 304(a)(1)).

Expenditure Period

    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 
2007 funds may be used for expenditures from October 1, 2006, through 
September 30, 2008. Funds are available for obligation through 
September 30, 2008, and must be liquidated by September 30, 2009.
    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 2007 grant funds that are made available 
to the States through re-allotment, under section 304(d)(2), must be 
expended by the State no later than September 30, 2008.

III. Eligibility

    ``States'' as defined in section 320 of FVPSA are eligible to apply 
for funds. The term ``State'' means each of the 50 States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 
In the past, Guam, the Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, and American Samoa have applied for funds as a part of 
their consolidated grant under the Social Services Block grant. These 
jurisdictions need not submit an application under this program 
announcement if they choose to have their allotment included as part of 
a consolidated grant application.

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 programs, submitted on or 
after October 1, 2003.
    Please ensure that the applicant's organization has a D-U-N-S 
number. To acquire a D-U-N-S number at no cost call the dedicated toll-
free D-U-N-S number request line at 1-866-705-5711 or request a number 
online at http://www.dnb.com.

IV. Application Requirements

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 the Office of Management 
and Budget (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 State's application must be submitted by the Chief Executive of 
the State and signed by the Chief Executive Officer or the Chief 
Program Official designated as responsible for the administration of 
FVPSA.
    Each application must contain the following information or 
documentation:
    (1) The name of the State agency, the name of the Chief Program 
Official designated as responsible for the administration of funds 
under FVPSA and coordination of related programs within the State, and 
the name of a contact person if different from the Chief Program 
Official (section 303(a)(2)(D)).
    (2) A plan describing in detail how the needs of underserved 
populations will be met. ``Underserved populations'' include 
populations underserved because of geographic location (such as rural 
isolation), underserved racial and ethnic populations, populations 
underserved because of special needs (such as language barriers, 
disabilities, alienage status, or age), and any other population 
determined to be underserved by the State planning process in 
consultation with the Attorney General (section 303(a)(2)(C)).
    (a) Identify the underserved populations that are being targeted 
for outreach and services.
    (b) In meeting the needs of the underserved population, describe 
the domestic violence training that will be provided to the individuals 
who will do the outreach and intervention to these populations. 
Describe the specific service environment, e.g., new shelters; services 
for the battered, elderly, women of color, etc.
    (c) Describe the public information component of the State's 
outreach program; the elements of the program that are used to explain 
domestic violence, the most effective and safe ways to seek help; tools 
to identify available resources, etc.
    (3) Provide a complete description of the process and procedures 
used to involve State domestic violence coalitions, knowledgeable 
individuals, and interested organizations, and assure whether a grantee 
is in compliance with section 303(a)(2) as required by sections 303 
(a)(2)(C) and 311(a)(5).
    (4) Provide a complete description of the process and procedures to 
be implemented that allow for the participation of the State domestic 
violence coalition in planning and monitoring the distribution of grant 
funds and determining whether a

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grantee is in compliance with section 303(a)(2) as required by sections 
303(a)(2)(C) and 311(a)(5).
    (5) Provide a copy of the procedures developed and implemented that 
assure the confidentiality of records pertaining to any individual who 
has been provided family violence prevention or treatment services by 
any program assisted under FVPSA (section 303(a)(2)(E)).
    (6) Include a description of how the State plans to use the grant 
funds; a description of the target population; the number of shelters 
to be funded; the services the State will provide; and the expected 
results from the use of the grant funds (section 303(a)(2)).
    (7) Provide a copy of the law or procedures that the State has 
implemented for the eviction of an abusive spouse from a shared 
household (section 303 (a)(2)(F)).

Assurances

    Each application must provide the following assurances:
    (1) That grant funds under FVPSA will be distributed to local 
public agencies and non-profit private organizations (including 
religious and charitable organizations and voluntary associations) for 
programs and projects within the State to prevent incidents of family 
violence and to provide immediate shelter and related assistance for 
victims of family violence and their dependents in order to prevent 
future violent incidents (section 303(a)(2)(A)).
    (2) That not less than 70 percent of the funds distributed shall be 
used for immediate shelter and related assistance, as defined in 
section 320(5)(A), to the 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)).
    (3) That not more than five percent of the funds will be used for 
State administrative costs (section 303(a)(2)(B)(i)).
    (4) That in distributing the funds, the States will give special 
emphasis to the support of community-based projects of demonstrated 
effectiveness carried out by non-profit, private organizations, 
particularly for those projects where the primary purpose is to operate 
shelters for victims of family violence and their dependents and those 
which provide counseling, advocacy, and self-help services to victims 
and their children (section 303(a)(2)(B)(ii)).
    (5) That grants funded by the States 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.C. 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)).
    (6) That grant funds made available under this program by the State 
will not be used as direct payment to any victim or dependent of a 
victim of family violence (section 303(d)).
    (7) 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)).
    (8) That the address or location of any shelter-facility assisted 
under FVPSA will not be made public, except with the written 
authorization of the person or persons responsible for the operation of 
such shelter (section 303(a)(2)(E)).
    (9) 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).
    (10) That funds made available under the FVPSA will be used to 
supplement and not supplant other Federal, State and local public funds 
expended to provide services and activities that promote the purposes 
of the FVPSA (section 303(a)(4).

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 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 Pub. L. 103-227, Title XII 
Environmental Tobacco Smoke (also known as the Pro Children Act of 
1994). A copy of the Federal Register notice which implements the 
smoking prohibition is included with the 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 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

    For States, this program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' for State plan 
consolidation and implication only--45 Code of Federal Regulations 
(CFR) 100.12. The review and comment provisions of the Executive Order 
and Part 100 do not apply.
    Applications should be sent to: Family and Youth Services Bureau, 
Administration on Children, Youth and Families, Administration for 
Children and Families, Attention: Ms. Sunni Knight, 1250 Maryland 
Avenue, SW., Room 8240, Washington, DC 20024.

V. Approval/Disapproval of a State Application

    The Secretary of HHS will approve any application that meets the 
requirements of FVPSA and this announcement and will not disapprove any 
such 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 the 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

    Section 303(a)(4) requires that States file a performance report 
with HHS describing the activities carried out, and inclusion of an 
assessment of the effectiveness of those activities in achieving the 
purposes of the grant. Section 303(a)(5) requires that the State file a 
report that contains a description of the activities carried out with 
funds expended for State administrative costs.
    A section of this performance report must be completed by each 
grantee or sub-grantee that performed the direct services contemplated 
in the State's

[[Page 1736]]

application certifying performance of such services. State grantees 
should compile performance reports into a comprehensive report for 
submission.
    The Performance Report should include the following data elements 
as well as narrative examples of success stories about the services 
that were provided. The Performance Report should include the following 
data elements:
    Funding--The total amount of the FVPSA grant funds awarded. The 
percentage of FVPSA funds as a portion of total funding. The percentage 
of FVPSA funding used for shelters, and the percentage of funding used 
for related assistance and services.
    Shelters--The total number of shelters and shelter alternatives 
(safe homes/motels, etc.) assisted by FVPSA program funding. Data 
elements should include:
     The number of women sheltered.
     The number of shelters in the State.
     The number of safe houses and shelter alternatives in the 
State.
     The number of non-residential programs assisted by FVPSA 
in the State.
     The number of young children sheltered (birth-12 years of 
age).
     The number of teenagers and young adults sheltered (13-18 
years of age).
     The number of men sheltered.
     The number of elderly sheltered (greater than 55 years of 
age).
     The number of elderly individuals provided non-residential 
services.
     The average length of shelter stay.
     The number of women, children, teens, and others who at 
were referred to other shelters due to a lack of space.
    Types of individuals served--Record information by numbers and 
percentages of the total population served. Individuals and special 
populations served should include:
     Elderly; and
     Individuals with physical challenges.
    Related assistance and services--List the types of related 
assistance and services provided to victims and their family members by 
indicating the number of women, children and men who have received 
services. Services and assistance may include, but are not limited to, 
the following:
     Individual counseling;
     Group counseling;
     Crisis intervention hotline;
     Information and referral;
     Batterers' support services;
     Legal advocacy services;
     Transportation;
     Services to teenagers;
     Emergency child care;
     Training and technical assistance; and
     Housing advocacy.
    Volunteers--List the total number of volunteers and hours worked.
    Service referrals--List the number of women, children and men 
referred for the following service reasons:
     Physical abuse;
     Alcohol abuse;
     Drug abuse;
     Batterer intervention services;
     Emergency medical intervention; and
     Law enforcement intervention.
    Narratives of success stories--Provide narratives of success 
stories of 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 State were addressed and 
what special emphases were placed on these activities;
     A description of the specific services and facilities that 
the applicant's agency funded, contracted with, or otherwise used in 
the implementation of its 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 populations under-served because of ethnic, 
racial, cultural, language diversity or geographic isolation were 
addressed;
     A description and assessment of the prevention activities 
supported during the program year, e.g., community education events, 
and public awareness efforts; and
     A discussion of exceptional issues or problems arising, 
but not addressed, in the application.
    Performance Reports for the States 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: William D. Riley, 
1250 Maryland Avenue, SW., Room 8402, Washington, DC 20024.
    Please note that section 303(a)(4) of FVPSA requires HHS to suspend 
funding for an approved application if any State applicant fails to 
submit an annual Performance Report or if the funds are expended for 
purposes other than those set forth under this announcement.

Financial Status Reports

    Grantees must submit annual Financial Status Reports. The first SF-
269A is due December 29, 2007. It covers expenditures from date of 
award through September 30, 2007. The interim SF-269A is due December 
29, 2008. The final SF-269A is due December 29, 2009. SF-269A can be 
found at http://www.whitehouse.gov/omb/grants/grants_forms.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 of submitting their reports online through 
the Online Data Collection (OLDC) system at the following address: 
https://extranet.acf.hhs.gov/ssi. The Division of Mandatory Grants can 
assist grantees with access to OLDC.
    Failure to submit reports on time may be a basis for withholding 
grant funds, suspension or termination of the grant. All funds reported 
as unobligated after the obligation period will be recouped.

VII. Administrative and National Policy Requirements

    States will comply with the applicable HHS recordkeeping and 
reporting requirements and general requirements for the administration 
of grants under 45 CFR Part 92.
    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 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/regs.html.
    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: 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].


[[Page 1737]]


    Dated: January 4, 2007.
 Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.

Appendices--Required Certifications

    A. Certification Regarding Lobbying
    B. 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 pint 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;

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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. E7-373 Filed 1-12-07; 8:45 am]
BILLING CODE 4184-01-P