1738 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 

consultants or independent contractors not 

on the grantee’s payroll; or employees of 

subrecipients or subcontractors in covered 

workplaces). 

Certification Regarding Drug-Free Workplace 

Requirements 

Alternate I. (Grantees Other Than 

Individuals) 

The grantee certifies that it will or will 

continue to provide a drug-free workplace by: 

(a) Publishing a statement notifying 

employees that the unlawful manufacture, 

distribution, dispensing, possession, or use of 

a controlled substance is prohibited in the 

grantee’s workplace and specifying the 

actions that will be taken against employees 

for violation of such prohibition; 

(b) Establishing an ongoing drug-free 

awareness program to inform employees 

about—

(1) The dangers of drug abuse in the 

workplace; 

(2) The grantee’s policy of maintaining a 

drug-free workplace; 

(3) Any available drug counseling, 

rehabilitation, and employee assistance 

programs; and 

(4) The penalties that may be imposed 

upon employees for drug abuse violations 

occurring in the workplace; 

(c) Making it a requirement that each 

employee to be engaged in the performance 

of the grant be given a copy of the statement 

required by paragraph (a); 

(d) Notifying the employee in the statement 

required by paragraph (a) that, as a condition 

of employment under the grant, the employee 

will—

(1) Abide by the terms of the statement; 

and 

(2) Notify the employer in writing of his or 

her conviction for a violation of a criminal 

drug statute occurring in the workplace no 

later than five calendar days after such 

conviction; 

(e) Notifying the agency in writing, within 

10 calendar days after receiving notice under 

paragraph (d)(2) from an employee or 

otherwise receiving actual notice of such 

conviction. Employers of convicted 

employees must provide notice, including 

position title, to every grant officer or other 

designee on whose grant activity the 

convicted employee was working, unless the 

Federal agency has designated a central point 

for the receipt of such notices. Notice shall 

include the identification number(s) of each 

affected grant; 

(f) Taking one of the following actions, 

within 30 calendar days of receiving notice 

under paragraph (d)(2), with respect to any 

employee who is so convicted—

(1) Taking appropriate personnel action 

against such an employee, up to and 

including termination, consistent with the 

requirements of the Rehabilitation Act of 

1973, as amended; or 

(2) Requiring such employee to participate 

satisfactorily in a drug abuse assistance or 

rehabilitation program approved for such 

purposes by a Federal, State, or local health, 

law enforcement, or other appropriate 

agency; 

(g) Making a good faith effort to continue 

to maintain a drug-free workplace through 

implementation of paragraphs (a), (b), (c), (d), 

(e) and (f). 

(B) The grantee may insert in the space 

provided below the site(s) for the 

performance of work done in connection 

with the specific grant: 

Place of Performance (Street address, city, 

county, state, zip code) 

lllllllllllllllllllll

lllllllllllllllllllll

Check if there are workplaces on file that 

are not identified here. 

Alternate II. (Grantees Who Are Individuals) 

(a) The grantee certifies that, as a condition 

of the grant, he or she will not engage in the 

unlawful manufacture, distribution, 

dispensing, possession, or use of a controlled 

substance in conducting any activity with the 

grant; 

(b) If convicted of a criminal drug offense 

resulting from a violation occurring during 

the conduct of any grant activity, he or she 

will report the conviction, in writing, within 

10 calendar days of the conviction, to every 

grant officer or other designee, unless the 

Federal agency designates a central point for 

the receipt of such notices. When notice is 

made to such a central point, it shall include 

the identification number(s) of each affected 

grant. 

[FR Doc. E7–373 Filed 1–12–07; 8:45 am] 

BILLING CODE 4184–01–P 

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, nonprofit 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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 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.’’ Sixtyfive (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 nonburdensome 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 SelfDetermination 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 


sroberts on PROD1PC70 with NOTICES
1740 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 

applicant is submitting a paper 

application or using the governmentwide electronic portal, Grants.gov. A 

D–U–N–S number will be required for 

every application for a new award or 

renewal/continuation of an award, 

including applications or plans under 

formula, entitlement, and block grant 

programs, submitted on or after October 

1, 2003. 

Please ensure that the applicant’s 

organization has a D–U–N–S number. 

To acquire a D–U–N–S number at no 

cost call the dedicated toll-free 

D–U–N–S number request line at 1–

866–705–5711 or request a number online at http://www.dnb.com. 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 1741 

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 FaithBased 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 email at WRiley@acf.hhs.gov. 

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 


sroberts on PROD1PC70 with NOTICES
1742 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 

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. 

lllllllllllllllllllll

Signature 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

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 AGENCYWIDE 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). 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Notices 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) . 

lllllllllllllllllllll

lllllllllllllllllllll

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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. 2007N–0005] 

Prescription Drug User Fee Act; Public 

Meeting 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of public meeting. 

SUMMARY: The Food and Drug 

Administration (FDA, we) is publishing 

proposed recommendations for the 

reauthorization of the Prescription Drug 

User Fee program for the process of 

human drug application review for 

fiscal years (FY) 2008 to 2012. These 

proposed recommendations were 

developed after discussions with 

regulated industry and consultation 

with appropriate scientific and 

academic experts, healthcare 

professionals, and representatives of 

patient and consumer advocacy groups. 

Section 505 of the Public Health 

Security and Bioterrorism Preparedness 

and Response Act of 2002, enacted June 

12, 2002, directs FDA to publish these 

proposed recommendations in the 

Federal Register; hold a meeting at 

which the public may present its views 

on such recommendations; and provide 

for a period of 30 days for the public to 

provide written comments on such 

recommendations. 

DATES: The public meeting will be held 

on February 16, 2007, from 9 a.m. to 5 

p.m. Submit written comments by 

February 23, 2007. Registration to attend 

the meeting must be received by 

February 2, 2007. 

ADDRESSES: The meeting will be held at 

the Grand Hyatt Washington at 

Washington Center, 1000 H St. NW., 

Washington, DC 20001. Located at the 

Metro Center metro stop. Follow 11th 

St. exit to the lobby of the Grand Hyatt. 

For additional directions, see the hotel 

Web site at: http:// 

grandwashington.hyatt.com/hyatt/ 

hotels/. 

Submit written comments to the 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. Submit electronic comments 

to http://www.fda.gov/dockets/ 

ecomments. 

FOR FURTHER INFORMATION CONTACT: 

For information regarding this 

document, contact: Ann Sullivan, 

Office of Policy and Planning (HFP–

20), Food and Drug Administration, 

5600 Fishers Lane, Rockville, MD 

20857, 301–827–5887, FAX: 301–

827–5225, e-mail: 

Ann.Sullivan@fda.hhs.gov. 

For information regarding registration, 

contact: Bernadette Kawaley, Office 

of Communication, Training and 

Manufacturers Assistance (HFM–

49), Food and Drug Administration, 

Center for Biologics Evaluation and 

Research, 1401 Rockville Pike, suite 

200N, Rockville, MD 20852, 301–

827–2000, FAX: 301–827–3079. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Prescription Drug User Fee Act 

(PDUFA I), first enacted in 1992 (Public 

Law 102–571, October 29, 1992), 

authorized FDA to collect user fees from 

regulated industry that were to be 

dedicated to expediting the review of 

human drug applications in accordance 

with certain performance goals 

identified in letters from the Secretary 

of Health and Human Services to the 

Chairman of the Energy and Commerce 

Committee of the House of 

Representatives and the Chairman of the 

Labor and Human Resources Committee 

of the Senate (138 Cong. Rec. H9099–

H9100 (daily ed. September 22, 1992)). 

In 1997, as PDUFA I expired, Congress 

passed the Food and Drug 

Administration Modernization Act 

(FDAMA, Public Law 105–115). 

FDAMA included, among other things, 

an extension of PDUFA (PDUFA II) for 

an additional 5 years. In 2002, Congress 

extended PDUFA again for 5 years 

(PDUFA III) through the Public Health 


sroberts on PROD1PC70 with NOTICES