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FFY 2023 Standard Administrative Terms for ACL Mandatory/Formula Awards

Department of Health and Human Services (HHS) grant recipients must comply with all terms and 

conditions outlined in their grant awards, and requirements imposed by program statutes and regulations, 

executive orders, and HHS grant administration regulations, as applicable; as well as any requirements or 

limitations in any applicable appropriations acts.

45 CFR Part 75—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 

HHS Awards

Prohibition on certain telecommunications and video surveillance services or 

equipment

Effective August 13, 2020, HHS issued new provisions to loan, grant or cooperative agreement awards 

(does not apply to non-competing continuation awards):

As described in CFR 200.216, (a) recipients and subrecipients are prohibited to obligate or spend grant 

funds (to include direct and indirect expenditures as well as cost share and program) to:

(1) Procure or obtain,

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into contract (or extend or renew contract) to procure or obtain equipment, services, or systems 

that use covered telecommunications equipment or services as a substantial or essential component of 

any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, 

covered telecommunications equipment is telecommunications equipment produced by Huawei 

Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For the purpose of public safety, security of government facilities, physical security surveillance of 

critical infrastructure, and other national security purposes, video surveillance and telecommunications 

equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology 

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

ii. Telecommunications or video surveillance services provided by such entities or using such equipment.

iii. Telecommunications or video surveillance equipment or services produced or provided by an entity 

that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director 

of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or 

otherwise, connected to the government of a covered foreign country.

SAM.gov / UEI Requirement

Effective April 4, 2022, HHS has transitioned from the use of the DUNS Number to the Unique Entity 

Identifier (UEI) as the primary means of entity identification for Federal awards government-wide. HHS 

requires all entities that plan to apply for and ultimately receive federal grant funds from any HHS 

Operating/Staff Division (OPDIV/STAFFDIV) or receive subawards directly from the recipients of those 

grant funds to:

1. Register in SAM.gov prior to submitting an application or plan.
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2. Maintain an active SAM.gov registration with current information at all times during which it has an 

active award or an application or plan under consideration by an OPDIV; and

3. Provide its UEI number in each application or plan to submit to the OPDIV.

Please visit SAM.gov for the details including an instructional video and FAQs on registration.

Consolidated Appropriations Act, 2023, Public Law 117-328

Salary Limitation

The General Provisions in the Consolidated Appropriations Act, 2023 (Public Law 117-328), signed into 

law on December 29, 2022, includes provisions for a salary rate limitation. The law limits the salary 

amount that may be awarded and charged to ACL grants and cooperative agreements. Award funds may 

not be used to pay the salary of an individual at a rate in excess of Executive Level II. This amount 

reflects an individual’s base salary exclusive of fringe and any income that an individual may be permitted 

to earn outside of the duties to the applicant organization. This salary limitation also applies to 

subawards/subcontracts under an ACL grant or cooperative agreement. Note that these or other salary 

limitations will apply in FY 2023, as required by law.

Gun Control (Section 210)

“None of the funds made available in this title may be used, in whole or in part, to advocate or promote 

gun control.”

Restriction on Distribution of Sterile Needles (Section 526)

" Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to 

purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided, That such 

limitation does not apply to the use of funds for elements of a program other than making such purchases 

if the relevant State or local health department, in consultation with the Centers for Disease Control and 

Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a 

significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program 

is operating in accordance with State and local law.”

Anti-Lobbying (Section 503)

a. No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 

111–148 shall be used, other than for normal and recognized executive legislative relationships, for 

publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, electronic communication, radio, television, or video presentation designed to support or 

defeat the enactment of legislation before the Congress or any state or local legislature or legislative 

body, except in presentation to the Congress or any state or local legislature itself, or designed to support 

or defeat any proposed or pending regulation, administrative action, or order issued by the executive 

branch of any state or local government, except in presentation to the executive branch of any state or 

local government itself.

b. No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 

111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for 

such recipient, related to any activity designed to influence the enactment of legislation, appropriations, 

regulation, administrative action, or Executive order proposed or pending before the Congress or any 

state government, state legislature or local legislature or legislative body, other than for normal and 

recognized executive-legislative relationships or participation by an agency or officer of a state, local or 

tribal government in policy-making and administrative processes within the executive branch of that 

government.
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c. The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any 

proposed, pending or future federal, state or local tax increase, or any proposed, pending, or future 

requirement or restriction on any legal consumer product, including its sale or marketing, including but not 

limited to the advocacy or promotion of gun control."

Trafficking Victims Protection Act

ACL awards are subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 

2000, as amended (22 U.S.C. 7104(g)). 

A. Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, sub-recipients under this award, and sub-recipients’ 

employees may not —

i. Engage in severe forms of trafficking in persons during the period of time that the award is in 

effect;

ii. Procure a commercial sex act during the period of time that the award is in effect; or

iii. Use forced labor in the performance of the award or subawards under the award.

2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you 

or a sub-recipient that is a private entity –

i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or

ii. Has an employee who is determined by the agency official authorized to terminate the award to 

have violated a prohibition in paragraph a.1 of this award term through conduct that is either —

a. Associated with performance under this award; or

b. Imputed to you or the sub-recipient using the standards and due process for imputing the 

conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB 

Guidelines to Agencies on Government wide Debarment and Suspension 

(Nonprocurement),” as implemented by our agency at 2 CFR part 376.

B. Provision applicable to a recipient other than a private entity. We as the Federal awarding 

agency may unilaterally terminate this award, without penalty, if a sub-recipient that is a private 

entity —

1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to 

have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is 

either —

i. Associated with performance under this award; or

ii. Imputed to the sub-recipient using the standards and due process for imputing the conduct of 

an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to 
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Agencies on Government wide Debarment and Suspension (Nonprocurement),” as 

implemented by our agency at 2 CFR part 376

C. Provisions applicable to any recipient. 

1. You must inform us immediately of any information you receive from any source alleging a 

violation of a prohibition in paragraph of this award term.

2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as 

amended (22 U.S.C. 7104(g)), and

ii. Is in addition to all other remedies for noncompliance that are available to us under this award

3. You must include the requirements of paragraph a.1 of this award term in any subaward you 

make to a private entity

D. Definitions. For purposes of this award term:

1. “Employee” means either:

i. An individual employed by you or a sub-recipient who is engaged in the performance of the 

project or program under this award; or

ii. Another person engaged in the performance of the project or program under this award and not 

compensated by you including, but not limited to, a volunteer or individual whose services are 

contributed by a third party as an in-kind contribution toward cost sharing or matching 

requirements

2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, 

transportation, provision, or obtaining of a person for labor or services, through the use of force, 

fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, 

or slavery

3. “Private entity”:

i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as 

those terms are defined in 2 CFR 175.25.

ii. Includes:

a. A nonprofit organization, including any nonprofit institution of higher education, hospital, or 

tribal organization other than one included in the definition of Indian tribe at 2 CFR 

175.25(b)

b. A for-profit organization

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings 

given at section 103 of the TVPA, as amended (22 U.S.C. 7102)
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Security and Privacy

Should the collection of information require the use of an information technology system (2 CFR 200.58), 

the grant recipient and subrecipient(s) will be expected to adhere to the NIST Cybersecurity Framework to 

help ensure the security of any system used or developed by the grant recipient or subrecipient(s). In 

particular, if the data to be collected includes Personally Identifiable Information (PII, 2CFR 200.79) or

Protected PII (2 CFR 200.82), the grant recipient and subrecipient(s) must apply the appropriate security 

controls required to protect the privacy and security of the collected PII and/or Protected PII.

Whistleblower Protections

As a recipient of ACL award, you must comply with the National Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2013 (Pub. L. 112-239, 41 U.S.C. § 4712) “Enhancement of contractor protection from 

reprisal for disclosure of certain information,” and 48 CFR part 3 subpart 3.9, “Whistleblower Protections 

for Contractor Employees.” For more information see: https://oig.hhs.gov/fraud/whistleblower/.

DOMA: Implementation of Same-Sex Spouses/Marriages

Obergefell v. Hodges, 576 U.S. 644 (2015) – Pursuant to the Supreme Court’s 2015 decision in 

Obergefell v. Hodges, which held that States may not deny same-sex couples the right to marry, all 

recipients are expected to recognize same-sex marriage, including one of the 50 states, the District of 

Columbia, a U.S. territory, or in a foreign country given that marriage is also recognized by a U.S. 

jurisdiction. Accordingly, recipients must review and revise, as needed, any policies and procedures 

which interpret or apply Federal statutory or regulatory references to such terms as “marriage,” “spouse,” 

family,” “household member’” or similar references to familial relationships to reflect inclusion of same-sex 

spouse and marriages. Any similar familial terminology references in HHS statutes, regulations, or policy 

transmittals will be interpreted to include same-sex spouses and marriages legally entered into as 

described herein.

Stevens Amendment 

In accordance with the Stevens Amendment, all HHS grant and cooperative agreement recipients are 

required to acknowledge federal funding when publicly communicating projects or programs funded 

through HHS federal financial assistance. You must use the following language when issuing statements, 

press releases, requests for proposals, bid solicitations, and other ACL supported publications and 

forums describing projects or programs funded in whole or in part with ACL funding.

• HHS Grant or Cooperative Agreement is NOT funded with other non-governmental 

sources:

"This [project/publication/program/website, etc.] [is/was] supported by the Administration for 

Community Living (ACL), U.S. Department of Health and Human Services (HHS) as part of a 

financial assistance award totaling $XX with 100 percent funding by ACL/HHS. The contents are 

those of the author(s) and do not necessarily represent the official views of, nor an endorsement, 

by ACL/HHS, or the U.S. Government.

• The HHS Grant or Cooperative Agreement IS partially funded with other nongovernmental 

sources:

"This [project/publication/program/website, etc.] [is/was] supported by the Administration for 

Community Living (ACL), U.S. Department of Health and Human Services (HHS) as part of a 

financial assistance award totaling $XX with XX percentage funded by ACL/HHS and $XX 

amount and XX percentage funded by non-government source(s). The contents are those of the 

author(s) and do not necessarily represent the official views of, nor an endorsement, by 

ACL/HHS, or the U.S. Government.
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Antidiscrimination

This project must be administered in compliance with federal civil rights laws that prohibit discrimination 

on the basis of race, color, national origin, disability, age and, in some circumstances, religion, 

conscience, and sex (including gender identity, sexual orientation, and pregnancy). This includes taking 

reasonable steps to provide meaningful access to persons with limited English proficiency and providing 

programs that are accessible to and usable by persons with disabilities. The HHS Office for Civil Rights 

provides guidance on complying with civil rights laws enforced by HHS. See https://www.hhs.gov/civilrights/for-providers/provider-obligations/index.html and https://www.hhs.gov/civil-rights/forindividuals/nondiscrimination/index.html.

• Reasonable steps must be taken to ensure that the project provides meaningful access to 

persons with limited English proficiency. For guidance on meeting your legal obligation to take 

reasonable steps to ensure meaningful access to your programs or activities by limited English 

proficient individuals, see https://www.hhs.gov/civil-rights/for-individuals/special-topics/limitedenglish-proficiency/fact-sheet-guidance/index.html and https://www.lep.gov.

• For information on your specific legal obligations for serving qualified individuals with disabilities, 

including providing program access, reasonable modifications, and taking appropriate steps to 

provide effective communication, 

see http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html.

• HHS funded health and education programs must be administered in an environment free of 

sexual harassment, see https://www.hhs.gov/civil-rights/for-individuals/sexdiscrimination/index.html.

• For guidance on administering your project in compliance with applicable federal religious 

nondiscrimination laws and applicable federal conscience protection and associated antidiscrimination laws, see https://www.hhs.gov/conscience/conscienceprotections/index.html and https://www.hhs.gov/conscience/religious-freedom/index.html.

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