[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74297-74303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25335]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Family Violence Prevention and Services/Grants to State Domestic 
Violence Coalitions; Notice of Grant

    Program Office: Administration on Children, Youth and Families 
(ACYF), Family and Youth Services Bureau (FYSB).
    Program Announcement Number: HHS-2008 ACF-ACYF-SDVC-0122.
    Announcement Title: Family Violence Prevention and Services/Grants 
to State Domestic Violence Coalitions.
    CFDA Number: 93.591.
    Due Date for Applications: January 30, 2008.
    Executive Summary: This announcement governs the proposed award of 
formula grants under the Family Violence Prevention and Services Act 
(FVPSA) to private, non-profit State Domestic Violence Coalitions 
(Coalitions). The purpose of these grants is to assist in the conduct 
of activities to promote domestic violence intervention and prevention 
and to increase public awareness of domestic violence issues.
    This notice for family violence prevention and services grants to 
Coalitions serves two purposes. The first is to confirm a Federal 
commitment to reducing domestic violence; and the second purpose is to 
urge States, localities, cities, and the private sector to become 
involved in State and local planning towards an integrated service 
delivery approach.

I. Description

    Legislative Authority: Title III of the Child Abuse Amendments of 
1984 (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 Fiscal Year (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, the ``Child Abuse, Domestic Violence, Adoption, and Family 
Services Act;'' 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);'' 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'' as amended by Public Law 109-271, which was enacted on August 
17, 2006.

Background

    Section 311 of FVPSA authorizes the U.S. Department of Health and 
Human Services (HHS) Secretary to award grants to statewide, private, 
non-profit State Domestic Violence Coalitions (Coalitions) to conduct 
activities to promote domestic violence intervention and prevention and 
to increase public awareness of domestic violence issues.

Annual State Domestic Violence Coalition Grantee Conference

    Coalitions should plan to send one or more representatives to the 
annual grantee conference. Subsequent correspondence will advise 
Coalition

[[Page 74298]]

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 of 
domestic violence and their children. 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 (see Section 303(a)(2)(E)).
    The confidentiality provisions described at 42 U.S.C. Sec. 13701, 
apply to programs funded by 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, Public Law 109-162, as amended by Public 
Law 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 Public Law 107-62, the 
``Stamp Out Domestic Violence Act of 2001'' (the Act) 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 2007, $3.2 million has been transferred and made 
available in support of grants for ``Demonstration Programs for 
Enhanced Services to Children and Youth Who Have Been Exposed to 
Domestic Violence.'' Projects in nine States and communities have been 
funded to develop and test new intervention models for children who 
witness domestic violence and their parents, and to increase direct 
services for these families in domestic violence and other community-
based programs. ACF anticipates developing a collection of promising 
practices emerging from these demonstration projects.

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 Coalitions receiving funds 
under this grant announcement to continue to coordinate activities 
funded under this grant with other new and existing resources 
(including community and faith-based organizations) that focus on the 
prevention of domestic violence and related issues.

National Data Collection and Outcomes Measurement

    The need to accurately communicate reliable and appropriate data 
that captures the impact of domestic violence prevention and 
intervention efforts and to provide shelters, States, State Domestic 
Violence Coalitions, Tribes, and Tribal organizations with tools for 
self-assessment continues through FVPSA Program participation in the 
Documenting our Work (DOW) Initiative, a collaboration among the 
National Resource Center on Domestic Violence, and selected 
representatives from the coalitions and national domestic violence 
organizations. In collaboration with our partners at the State FVPSA 
programs, State Domestic Violence Coalitions, Tribes, and Tribal 
organizations, 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 
2007, in concert with State FVPSA administrators, State Domestic 
Violence Coalitions, and local service providers, the FVPSA Program 
revised and defined the program services reporting components for 
recipients of FVPSA State Formula Grant funds and piloted outcome data 
collection in four States. Throughout FY 2008, grantee workshops, 
teleconferences, and information memoranda will provide further 
guidance on future performance reporting requirements for these 
grantees.

II. Funds Available

    In FY 2008, HHS will make 10 percent of the amount appropriated 
under section 310(a)(1) of the FVPSA, which is not reserved under 
section 310(a)(2), available for grants to the State-designated, 
statewide, domestic violence Coalitions. One grant will be available 
for each of the Coalitions in the 50 States, the Commonwealth of Puerto 
Rico, and the District of Columbia. The Coalitions of the U.S. 
Territories (Guam, U.S. Virgin Islands, Northern Mariana Islands, 
American Samoa, and Trust Territory of the Pacific Islands) are also 
eligible for grant awards under this announcement.

Expenditure Period

    FVPSA funds may be used for expenditures on or after October 1 of 
each fiscal year for which they are granted and will be available for 
expenditure through September 30 of the following fiscal year, i.e., FY 
2008 funds may be used for expenditures from October 1, 2007, through 
September 30, 2009. Funds are available for obligation only through 
September 30, 2008, and must be liquidated by September 30, 2009.

III. Eligibility

    To be eligible for grants under this program announcement, an 
organization shall be designated as a statewide, private, non-profit 
Domestic Violence Coalition meeting the following criteria (section 
311(b)):
    (1) The membership of the Coalition includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the State (a Coalition may include representatives of Indian 
Tribes and Tribal organizations as defined in the Indian Self-
Determination and Education Assistance Act) (section 311(f));
    (2) The Board membership of the Coalition is representative of such 
programs;
    (3) The purpose of the Coalition is to provide services, community 
education, and technical assistance to domestic violence programs in 
order to establish and maintain shelter and related services for 
victims of domestic violence and their children; and
    (4) In the application submitted by the Coalition for the grant, 
the Coalition provides assurances satisfactory to the Secretary that 
the Coalition:
    (a) Has actively sought and encouraged the participation of law

[[Page 74299]]

enforcement agencies and other legal or judicial entities in the 
preparation of the application; and
    (b) Will actively seek and encourage the participation of such 
entities in the activities carried out with the grant.

Additional Information on Eligibility

D-U-N-S Requirement
    All applicants must have a D&B Data Universal Numbering System (D-
U-N-S) number. On June 27, 2003, the Office of Management and Budget 
(OMB) published in the Federal Register a new Federal policy applicable 
to all Federal grant applicants. The policy requires Federal grant 
applicants to provide a D-U-N-S number when applying for Federal grants 
or cooperative agreements on or after October 1, 2003. The D-U-N-S 
number will be required whether an applicant is submitting a paper 
application or using the government-wide electronic portal, 
www.Grants.gov. A D-U-N-S number will be required for every application 
for a new award or renewal/continuation of an award, including 
applications or plans under formula, entitlement, and block grant 
programs, submitted on or after October 1, 2003.
    Please ensure that the applicant organization has a D-U-N-S number. 
To acquire a D-U-N-S number, call the dedicated toll-free D-U-N-S 
number request line at 1-866-705-5711 or request a number on-line at: 
http://www.dnb.com. There is no cost to request or acquire a D-U-N-S 
number.

Survey for Private Non-Profit Grant Applicants

    Private, non-profit organizations are encouraged to submit with 
their applications the survey titled ``Survey on Ensuring Equal 
Opportunity for Applicants'' found under the ``Survey'' heading at: 
http://www.acf.hhs.gov/grants/grants_resources.html.

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

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

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 of 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 Coalition application must be signed by the Executive Director 
of the Coalition or the official designated as responsible for the 
administration of the grant. The application must contain the following 
information: (We have cited each requirement to the specific section of 
the law.)
    (1) A description of the process and anticipated outcomes of 
utilizing these Federal funds to work with local domestic violence 
programs and providers of direct services to encourage appropriate 
responses to domestic violence within the State, including--
    Training and technical assistance for local programs and 
professionals working in the field:
    (a) Planning and conducting State needs assessments and planning 
for comprehensive services;
    (b) Serving as an information clearinghouse and resource center for 
the State; and
    (c) Collaborating with other governmental systems that affect 
battered women (Section 311(a)(1)).
    (2) A description of the public education campaign regarding 
domestic violence to be conducted by the Coalition through the use of 
public service announcements and informative materials that are 
designed for print media; billboards; public transit advertising; 
electronic broadcast media; and other forms of information 
dissemination that inform the public about domestic violence, including 
information aimed at underserved racial, ethnic or language-minority 
populations (Section 311(a)(4)).
    (3) The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with judicial and law 
enforcement agencies concerning appropriate responses to domestic 
violence cases and an examination of related issues as set forth in 
Section 311(a)(2) of the FVPSA.
    (4) The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with Family Law Judges, 
Criminal Court Judges, Child Protective Services agencies, Child 
Welfare agencies, Family Preservation and Support Service agencies, and 
children's advocates to develop appropriate responses to child custody 
and visitation issues in domestic violence cases and in cases where 
domestic violence and child abuse are both present including the 
appropriate responses identified in section 311(a)(3) of the FVPSA. The 
anticipated outcomes and a description of other activities in support 
of the general purpose of furthering domestic violence intervention and 
prevention (Section 311(a)(3)).
    (5) The following documentation will certify the status of the 
Coalition and must be included in the grant application:
    (a) A description of the procedures developed between the State 
domestic violence agency and the statewide Coalition that allow for 
implementation of the following cooperative activities:
    (i) The participation of the Coalition in the planning and 
monitoring of the distribution of grants and grant funds provided in 
the State (Section 311(a)(5)); and

The participation of the Coalition in compliance activities regarding 
the State's family violence prevention and services program grantees 
(Sections 303(a)(2)(C) and (a)(3)).
    Unless already on file at HHS, a copy of a currently valid 
501(c)(3) certification letter from the IRS stating private, non-profit 
status; or a copy of the applicant's listing in the IRS' most recent 
list of tax-exempt organizations described in Section 501(c)(3) of the 
IRS code; or a copy of the articles of incorporation bearing the seal 
of the State in which the corporation or association is domiciled;
    (c) A current list of the organizations operating programs for 
victims of domestic violence programs in the State and the applicant 
Coalition's current membership list by organization;
    (d) A list of the applicant Coalition's current Board of Directors, 
with each individual's organizational affiliation and the Chairperson 
identified;
    (e) A list of any Coalition or contractual staff to be supported by 
funds from this grant; and
    (f) A budget narrative that clearly describes the planned 
expenditure of funds under this grant.
    (6) Required Documentation and Assurances (included in the 
application as an attachment):
    (a) The applicant Coalition must provide documentation in the form 
of support letters, memoranda of agreement, or jointly signed 
statements, that the Coalition:
    (i) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial organizations in the 
preparation

[[Page 74300]]

of the grant application (Section 311(b)(4)(A)); and
    (ii) Will actively seek and encourage the participation of such 
organizations in grant funded activities (Section 311(b)(4)(B)).
    (b) The applicant Coalition must provide a signed statement that 
the Coalition will not use grant funds, directly or indirectly, to 
influence the issuance, amendment, or revocation of any Executive Order 
or similar legal document by any Federal, State or local agency, or to 
undertake to influence the passage or defeat of any legislation by the 
Congress, or any State, or local legislative body, or State proposals 
by initiative petition, except where representatives of the Coalition 
are testifying, or making other appropriate communications, either when 
formally requested to do so by a legislative body, a committee, or a 
member of such organization (Section 311(d)(1)); or in connection with 
legislation or appropriations directly affecting the activities of the 
Coalition or any member of the Coalition (Section 311(d)(2)).
    (c) The applicant Coalition must provide a signed statement that 
the Coalition will prohibit discrimination on the basis of age, 
handicap, sex, race, color, national origin or religion (Section 307).
    (d) The applicant will comply with Departmental requirements for 
the administration of grants under 45 CFR Part 74--Uniform 
Administrative Requirements for Awards and Subawards to Institutions of 
Higher Education, Hospitals, Other Non-profit Organizations and 
Commercial Organizations.

Certifications

    All applicants must submit or comply with the required 
certifications found in the Appendices, as follows:
    Anti-Lobbying Certification and Disclosure Form must be signed and 
submitted with the application (See Appendix A): Applicants must 
furnish prior to award an executed copy of the Standard Form (SF) LLL, 
Certification Regarding Lobbying, when applying for an award in excess 
of $100,000. Applicants who have used non-Federal funds for lobbying 
activities in connection with receiving assistance under this 
announcement shall complete a disclosure form, if applicable, with 
their applications (approved by OMB under control number 0348-0046). 
Applicants should sign and return the certification with their 
application.
    Certification Regarding Environmental Tobacco Smoke (See Appendix 
B): The Pro-Children Act of 1994, 20 U.S.C. 7183, imposes restrictions 
on smoking in facilities where federally funded children's services are 
provided. HHS grants are subject to these requirements only if they 
meet the Act's specified coverage. The Act specifies that smoking is 
prohibited in any indoor facility (owned, leased, or contracted for) 
used for the routine or regular provision of kindergarten, elementary, 
or secondary education or library services to children under the age of 
18. In addition, smoking is prohibited in any indoor facility or 
portion of a facility (owned, leased, or contracted for) used for the 
routine or regular provision of federally funded health care, day care, 
or early childhood development, including Head Start services to 
children under the age of 18. The statutory prohibition also applies if 
such facilities are constructed, operated, or maintained with Federal 
funds. The statute does not apply to children's services provided in 
private residences, facilities funded solely by Medicare or Medicaid 
funds, portions of facilities used for inpatient drug or alcohol 
treatment, or facilities where WIC coupons are redeemed. Failure to 
comply with the provisions of the law may result in the imposition of a 
civil monetary penalty of up to $1,000 per violation and/or the 
imposition of an administrative compliance order on the responsible 
entity.
    Certification Regarding Drug-Free Workplace Requirements (See 
Appendix C): The signature on the application by the program official 
attests to the applicants' intent to comply with the Drug-Free 
Workplace requirements and compliance with the Debarment Certification. 
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/grants/grants_resources.html.

Notification Under Executive Order 12372

    This program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs'' for State plan 
consolidation and simplification only--45 CFR 100.12. The review and 
comment provisions of the Executive Order and Part 100 do not apply.
    Applications should be sent to: Family Violence Prevention and 
Services Program, Family and Youth Services Bureau, Administration on 
Children, Youth and Families, Administration for Children and Families, 
Attention: Marylouise Kelley, 1250 Maryland Avenue, SW., Room 8215, 
Washington, DC 20024.

V. Reporting Requirements

Performance Reports

    The Coalition grantee must submit an annual report of activities 
describing the coordination, training and technical assistance, needs 
assessment, and comprehensive planning activities carried out. 
Additionally, the Coalition must report on the public information and 
education services provided; the activities conducted in conjunction 
with judicial and law enforcement agencies; the actions conducted in 
conjunction with other agencies such as the State child welfare agency; 
and any other activities undertaken under this grant award. The annual 
report also must provide an assessment of the effectiveness of the 
grant-supported activities. The annual report is due 90 days after the 
end of the fiscal year in which the grant is awarded, i.e., December 
29. Annual reports should be sent to: Family Violence Prevention and 
Services Program, Family and Youth Services Bureau, Administration on 
Children, Youth and Families, Administration for Children and Families, 
Attention: Marylouise Kelley, 1250 Maryland Avenue, SW., Room 8215, 
Washington, DC 20024.
    Please note that HHS may suspend funding for an approved 
application if any applicant fails to submit an annual performance 
report or if the funds are expended for purposes other than those set 
forth under this announcement.

Financial Status Reports

    Grantees must submit annual Financial Status Reports. The first SF-
269A 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 should be sent to: Manolo Salgueiro, Division of 
Mandatory Grants, Office of Grants Management, Office of 
Administration, 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: https://extranet.acf.hhs.gov/ssi. 
Failure to submit reports on time may be a basis for withholding grant 
funds, suspension or termination of the grant. In addition, all funds 
reported after the obligation period will be recouped.

[[Page 74301]]

VI. Administrative and National Policy Requirements

    Grantees are subject to the requirements in 45 CFR part 74 (non-
governmental) or 45 CFR part 92 (governmental).
    Direct Federal grants, sub-award funds, or contracts under this ACF 
program shall not be used to support inherently religious activities 
such as religious instruction, worship, or proselytization. Therefore, 
organizations must take steps to separate, in time or location, their 
inherently religious activities from the services funded under this 
program. Regulations pertaining to the Equal Treatment for Faith-Based 
Organizations, which includes the prohibition against Federal funding 
of inherently religious activities, can be found at the HHS Web site 
at: http://www.hhs.gov/fbci/waisgate21.pdf.
    A faith-based organization receiving HHS funds retains its 
independence from Federal, State, and local governments and may 
continue to carry out its mission, including the definition, practice, 
and expression of its religious beliefs. For example, a faith-based 
organization may use space in its facilities to provide secular 
programs or services funded with Federal funds without removing 
religious art, icons, scriptures, or other religious symbols. In 
addition, a faith-based organization that receives Federal funds 
retains its authority over its internal governance, and it may retain 
religious terms in its organization's name, select its board members on 
a religious basis, and include religious references in its 
organization's mission statements and other governing documents in 
accordance with program requirements, statutes, and other applicable 
requirements governing the conduct of HHS funded activities.
    Faith-based and community organizations may reference the 
``Guidance to Faith-Based and Community Organizations on Partnering 
with the Federal Government'' at: http://www.whitehouse.gov/government/fbci/guidance/index.html.

VII. Other Information

FOR FURTHER INFORMATION CONTACT: Marylouise Kelley at (202) 401-5756 or 
e-mail at [email protected].

    Dated: December 20, 2007.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.

Appendices: Required Certifications

    A. Anti-Lobbying and Disclosure
    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.

[[Page 74302]]

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 
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:


[[Page 74303]]


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. E7-25335 Filed 12-28-07; 8:45 am]
BILLING CODE 4184-01-P