[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Notices]
[Pages 1738-1743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-374]


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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

Program Office: Administration on Children, Youth, and Families 
(ACYF), Family and Youth Services Bureau (FYSB)
Program Announcement Number: HHS-2007-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: February 15, 2007.
    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 (Pubic 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 Fiscal Year (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.''

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 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. A subsequent Program Instruction and/or 
Information Memorandum will advise Coalition 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

[[Page 1739]]

will not be used (see Section 303(a)(2)(E)).
    The confidentiality provisions described at 42 U.S.C., 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 in 
FY2005 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: 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 improvements 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 for the 
prevention of family and intimate violence and related issues.

National Data Collection and Outcomes Measurement

    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 Coalitions 
with tools for self-assessment continues as the Documenting our Work 
(DOW) Initiative. In collaboration with our partners at the State FVPSA 
programs, 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, Coalitions and 
local service providers, four 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

    In FY 2007, 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 
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.

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:
    (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);
    (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 
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 (Section 
311(b)(4)).

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

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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 
on-line at http://www.dnb.com.

Survey for Private Non-Profit Grant Applicants

    Private, non-profit organizations are encouraged to submit with 
their applications the survey located under ``Grant Related Documents 
and Forms,'' ``Survey for Private, Non-Profit Grant Applicants,'' 
titled, ``Survey on Ensuring Equal Opportunity for Applicants,'' at: 
http://www.acf.hhs.gov/programs/ofs/forms.htm.

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

    This section includes application requirements for family violence 
prevention and services 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 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. Appropriate 
responses identified in section 311(a)(3) of the FVPSA should be 
included. 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
    (ii) 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)).
    (b) 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
    (c) A copy of the articles of incorporation bearing the seal of the 
State in which the corporation or association is domiciled;
    (d) 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;
    (e) A list of the applicant Coalition's current Board of Directors, 
with each individual's organizational affiliation and the Chairperson 
identified;
    (f) A copy of the resume of any Coalition or contractual staff to 
be supported by funds from this grant and/or a statement of 
requirements for staff or consultants to be hired under this grant; and
    (g) 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 appendix):
    (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 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

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initiative petition, except where representatives of the Coalition are 
testifying, or making other appropriate communications, or 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:
    Certification Regarding Lobbying (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 that 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 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/programs/ofs/forms.htm.

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 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.

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 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 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, 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 the following URL: http://www.whitehouse.gov/omb/grants/grants_forms.html.
    Completed reports should be sent to: Rachel Hickson, 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 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. In addition, all funds reported after the obligation period will 
be recouped.

VI. Administrative and National Policy Requirements

    Grantees are subject to the requirements in 45 CFR Part 74.
    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.

VII. Other Information

    For Further Information Contact: William D. Riley at (202) 401-5529 
or e-mail at <a href="/cdn-cgi/l/email-protection#114643787d7468517072773f7979623f767e67"><span class="__cf_email__" data-cfemail="d38481babfb6aa93b2b0b5fdbbbba0fdb4bca5">[email protected]</span></a>.

    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

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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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Organization

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; consultants or independent contractors not on 
the grantee's payroll; or employees of subrecipients or 
subcontractors in covered workplaces).

[[Page 1743]]

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. E7-374 Filed 1-12-07; 8:45 am]
BILLING CODE 4184-01-P


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