Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 15287 

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. E9–7503 Filed 4–2–09; 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). 

Funding Opportunity Title: HHS– 

2009 ACF–ACYF–SDVC–0030. 

Announcement Title: Family Violence 

Prevention and Services/Grants to State 

Domestic Violence Coalitions. 

CFDA Number: 93.591. 

Due Date for Applications: May 4, 

2009. 

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 

family violence issues (42 U.S.C. 

10410(a)). 

This notice for family violence 

prevention and services grants to 

Coalitions serves four purposes: The 

first purpose is to confirm a Federal 

commitment to reducing domestic 

violence; the second is to urge States, 

localities, cities, and the private sector 

to become involved in State and local 

planning towards an integrated service 

delivery approach that meets the needs 

of all victims, including those in 

underserved communities; the third is 

to provide for technical assistance and 

training relating to domestic violence 

programs; and the fourth is to increase 

public awareness about and prevention 

of domestic violence and increase the 

quality and availability of immediate 

shelter and related assistance for victims 

of domestic violence and their 

dependents (42 U.S.C. 10401). Starting 

in Fiscal Year (FY) 2009, applications 

should cover FYs 2009, 2010 and 2011 

(see Section II, Funds Available, Length 

of Project Period). 

I. Description 

Legislative Authority: The Family 

Violence Prevention and Services Act, 

42 U.S.C. 10401 through 10421, as 

extended by the Department of Health 

and Human Services Appropriations 

Act, 2009, Public Law 111–8. 

Background 

The Family Violence Prevention and 

Services Act (42 U.S.C. 10401 et seq.) 

authorizes the Department of Health and 

Human Services (HHS) Secretary to 

award grants to statewide, private, nonprofit 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 Meeting 

Coalitions should plan to send one or 

more representatives to the annual 

grantee meeting. Subsequent 

correspondence will advise Coalitions 

of the date, time, and location of their 

grantee meeting. 

Role of State Coalitions 

FVPSA directs Coalitions to work 

with local domestic violence programs 

to encourage appropriate responses to 

domestic violence within the States, 

specifically including training and 

technical assistance for local programs 

(42 U.S.C. 10410(a)(1) and (a)(1)(A)). 

Coalitions must also participate in 

planning and monitoring the 

distribution of FVPSA grants awarded to 

their States (42 U.S.C. 10410(a)(5)). 

Coalitions thus play an important role 

in helping local programs develop and 

continue practices consistent with 

FVPSA guidance. Coalitions are urged 

to include activities intended to ensure 

that local programs maintain 

confidentiality, to provide widely 

accessible services consistent with best 

practices in the field and applicable 

Federal, State, Tribal and local 

requirements, and to help local 

programs comply with the new FVPSA 

data collection and outcome 

measurement requirements. Each of 

these issues is further discussed below. 

a. Client Confidentiality 

FVPSA directs Coalitions to work 

with local domestic violence programs 

to encourage appropriate responses to 

domestic violence within the States, 

specifically including training and 

technical assistance for local programs 

(42 U.S.C. 10410(a)(1)(A)). Coalitions 

must also participate in planning and 

monitoring the distribution of FVPSA 

grants awarded to their States (42 U.S.C. 

10410(a)(5)). Coalitions thus play an 

important role in helping local programs 

develop and continue practices 

consistent with FVPSA guidance. Local 

domestic violence programs funded by 

FVPSA under 42 U.S.C. 10402 must 

establish or implement policies and 

protocols for maintaining the safety and 

confidentiality of the adult victims of 

domestic violence and their children 

whom they serve. See 42 U.S.C. 

10402(a)(2)(E). Because it is essential 

that the confidentiality of individuals 

receiving FVPSA services be protected, 

Coalitions are urged to include activities 

intended to ensure that local programs 

maintain confidentiality consistent with 

best practices in the field and applicable 

Federal, State, Tribal and local 

requirements. 

The FVPSA statute requires that local 

domestic violence programs maintain 

confidentiality of records pertaining to 

any individual provided family violence 

prevention and treatment services (42 

U.S.C. 10402(a)(2)(E)). As a result, 

individual identifiers of client records 

may not be used when providing 

statistical data on program activities and 

program services. Confidentiality 

requirements have been strengthened 

and clarified with the passage of the 

Violence Against Women and 

Department of Justice Reauthorization 

Act of 2005 (Pub. L. 109–162). In the 

interest of establishing a consistent 

Federal standard for domestic violence 

programs, HHS intends to follow the 

confidentiality provisions and 

definition of ‘‘personally identifying 

information’’ in sections 40002(b)(2) 

and 40002(a)(18) of the Violence 

Against Women Act of 1994 (42 U.S.C. 

13925(b)(2) and 42 U.S.C. 13925(a)(18)) 

as a more detailed guidance about how 

States, Tribes and their subgrantees 

funded under 42 U.S.C. 10402 should 

comply with the FVPSA confidentiality 

obligations, and requires such programs 

to comply with the VAWA 

confidentiality provisions. In the FY 

2009 Performance Progress Report (SF– 

PPR), States, Tribes and their 

subgrantees must collect unduplicated 

data for each program rather than 

unduplicated across programs or 

statewide. No client-level data should 

be shared with a third party, regardless 

of encryption, hashing or other data 

security measures, without a written, 

time-limited release as described in 

section 40002(b)(2) of the Violence 

Against Women Act of 1994 (42 U.S.C. 

13925(b)(2)). 

b. Coordinated, Accessible Services 

The impacts of domestic violence may 

include physical injury and death of 

primary or secondary victims, 

psychological trauma, isolation from 

family and friends, harm to children 


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living with a parent or caretaker who is 

either experiencing or perpetrating 

domestic violence, increased fear, 

reduced mobility, damaged credit, 

unemployment, financial instability, 

homelessness, substance abuse, chronic 

illnesses and a host of other health and 

related mental health consequences. 

Coordination and collaboration 

among victim services providers, 

community-based, culturally specific, 

and faith-based service providers, 

housing providers and homeless 

services providers, the police, 

prosecutors, the courts, child welfare 

services, employers and businesses, 

medical and mental health service 

providers, and Federal, State, and local 

public officials and agencies is needed 

to provide more responsive and 

effective services to victims of domestic 

violence and their families. It is 

essential that community service 

providers, including those serving or 

representing underserved communities, 

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 domestic 

violence and related issues. 

To serve victims most in need and to 

comply with Federal law, services must 

be widely accessible. Services must not 

discriminate on the basis of age, 

handicap, sex, race, color, national 

origin or religion (42 U.S.C. 10406). 

HHS Services Office for Civil Rights 

provides guidance to grantees in 

complying with these requirements. 

Please see http://www.hhs.gov/ocr/ 

civilrights/resources/specialtopics/ 

origin/domesticviolencefactsheet.html 

for HHS Office of Civil Rights guidance 

on serving immigrant victims and 

http://www.hhs.gov/ocr/civilrights/ 

resources/factsheets/504ada.pdf for 

guidance on the Americans with 

Disabilities Act and the Rehabilitation 

Act of 1973. Services must also be 

provided on a voluntary basis; receipt of 

shelter or housing must not be 

conditioned on participation in 

supportive services. 

c. National Data Collection and 

Outcomes Measurement 

In collaboration with partners at the 

State FVPSA programs, Coalitions, 

Tribes and Tribal organizations, the 

National Resource Center on Domestic 

Violence, and experts on both data 

collection and domestic violence issues, 

FYSB continues to develop informative, 

succinct, and non-burdensome reporting 

formats that safely measure quantifiable 

outputs and outcomes. During FY 2007, 

FYSB revised and defined the program 

services reporting components for 

recipients of FVPSA State Formula 

Grant funds. Throughout FY 2008, 

grantee workshops, teleconferences, and 

information memoranda provided 

further guidance on performance 

reporting requirements for these 

grantees. In FY 2009, FYSB is requiring 

States and their subgrantees, and Tribal 

grantees to use standardized reporting 

forms to facilitate the collection of 

uniform, aggregate data on FVPSAsupported program services and client 

outcomes, as described in Section V. 

II. Funds Available 

In FY 2009, FY 2010, and FY 2011, 

HHS will make available for grants to 

the States-designated, Statewide, 

Domestic Violence Coalitions the funds 

described in this announcement. These 

grant awards are subject to the 

availability of Federal appropriations, 

and as authorized by the Family 

Violence Prevention and Services Act, 

42 U.S.C. sections 10401 through 10421, 

(extended by the Department of Health 

and Human Services Appropriations 

Act, 2009, Public Law 111–8, and/or 

any subsequent pertinent legal 

authorities). Each year, one grant each 

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. 

The FVPSA (42 U.S.C. 10401 et seq.) 

expired on September 30, 2008. 

Reauthorization of the FVPSA could 

include new statutory or administrative 

requirements impacting grantees within 

the next few years. 

Length of Project Periods 

Coalitions now apply for three years 

of grant funds in this one application. 

The project period under this program 

announcement continues to be 24 

months for each award. FYSB will 

continue to disperse funds annually. 

Coalitions will not be required to submit 

additional applications for the years FY 

2010 through FY 2011 unless there are 

material changes made to the program. 

Therefore, Coalitions must address their 

anticipated activities not only for the FY 

2009 project period; i.e., October 2008 

through September 2010, but also for 

the project periods covered by FYs 2010 

through 2011; i.e., October 2009 through 

September 2012. Coalitions will have 

the opportunity to amend their 

applications for each of the fiscal years 

FY 2010 and FY 2011 if their 

anticipated activities materially change. 

This change does not affect the amount 

of the grant award or the timing of the 

grant award, only the application 

process. 

Award year 

(federal fiscal year) 

Project period (24 

months) Application requirements 

FYSB will continue to disperse funds annually. 

The Federal FY is a one-year period from September through October.

Coalitions will continue 

to have two years to 

spend the funds.

This change does not affect the amount of the grant award or the 

timing of the grant award, only the application process. 

FY 2009 ................................................................. 10/01/08–9/30/10 .......... Coalitions apply for three years of grant funds in this one application. Coalitions must address their anticipated activities for the 

FY 2009 project period, and also for the project periods covered by FYs 2010 and 2011. 

FY 2010 ................................................................. 10/01/09—9/30/11 ......... Coalitions will not be required to submit an additional application 

for FY 2010 unless there are material changes made to the 

program. 

FY 2011 ................................................................. 10/01/10—9/30/12 ......... Coalitions will not be required to submit an additional application 

for FY 2011 unless there are material changes made to the 

program. 


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Expenditure Period 

The 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 2009 

funds may be used for expenditures 

from October 1, 2008, through 

September 30, 2010. 

III. Eligibility 

In accordance with 42 U.S.C. 

10410(b), 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 has actively 

sought and encouraged the participation 

of law enforcement agencies and other 

legal or judicial entities in the 

preparation of the application and will 

actively seek and encourage the 

participation of such entities in the 

activities carried out with the grant. 

Additional Information on Eligibility 

D–U–N–S Requirement 

All applicants must have a D&B Data 

Universal Numbering System (D–U–N– 

S) number. On June 27, 2003, the Office 

of Management and Budget (OMB) 

published in the Federal Register a new 

Federal policy applicable to all Federal 

grant applicants. The policy requires 

Federal grant applicants to provide a D– 

U–N–S number when applying for 

Federal grants or cooperative 

agreements on or after October 1, 2003. 

The D–U–N–S number will be required 

whether an applicant is submitting a 

paper application or using the 

government-wide electronic portal, 

http://www.Grants.gov. A D–U–N–S 

number will be required for every 

application for a new award or renewal/ 

continuation of an award, including 

applications or plans under formula, 

entitlement, and block grant programs, 

submitted on or after October 1, 2003. 

Applicants must ensure that their 

organization has a D–U–N–S number. 

Applicants may acquire a D–U–N–S 

number at no cost by calling the 

dedicated toll-free D–U–N–S number 

request line at 1–866–705–5711 or you 

may 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 FVPSA grants for 

Coalitions, as follows: 

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: 

(Each requirement is cited 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 victims of 

domestic violence and their families to 

encourage appropriate responses to 

domestic violence within the State, 

including (42 U.S.C. 10410(a)(1))— 

(a) Training and technical assistance 

for local programs and professionals, 

including those representing 

underserved communities, working 

with victims of domestic violence and 

their families; 

(b) Planning and conducting State 

needs assessments and planning for 

comprehensive services, including the 

needs of and services for underserved 

communities; 

(c) Serving as an information 

clearinghouse and resource center for 

the State; and 

(d) Collaborating with other 

governmental systems that affect victims 

of domestic violence. 

(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 (42 U.S.C. 10410(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 set forth in 

42 U.S.C. 10402(a)(2). 

(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 (including the responses set 

forth in 42 U.S.C. 10410(a)(3)) to child 

custody and visitation issues in 

domestic violence cases and in cases 

where domestic violence and child 

abuse are both present (42 U.S.C. 

10410(a)(3)). 

(5) The anticipated outcomes and a 

description of other activities in support 

of the general purpose of furthering 

domestic violence intervention and 

prevention (42 U.S.C. 10410(a)). 

(6) Documentation in the form of 

support letters, memoranda of 

agreement, or jointly signed statements, 

that the Coalition has actively sought 

and encouraged the participation of law 

enforcement agencies and other legal or 

judicial organizations in the preparation 

of the grant application (42 U.S.C. 

10410(b)(4)(A)), and will actively seek 

and encourage the participation of such 

organizations in grant funded activities 

(42 U.S.C. 10410(b)(4)(B)). 

(7) The following documentation that 

certifies 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 Coalition that 

provide for the required 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 (42 U.S.C. 

10410(a)(5)); and 


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(ii) The participation of the Coalition 

in compliance activities regarding the 

State’s family violence prevention and 

services program grantees 42 U.S.C. 

10402(a)(2)(C) and (a)(3) (42 U.S.C. 

10410(a)(5)). 

(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 a copy of the articles of 

incorporation bearing the seal of the 

State in which the corporation or 

association is domiciled; 

(c) To demonstrate compliance with 

42 U.S.C. 10410(b)(1) and (b)(2): 

(i) A current list of the organizations 

operating programs for victims of 

domestic violence in the State and the 

applicant Coalition’s current 

membership list by organization (see 

Section III, Eligibility); 

(ii) A list of the applicant Coalition’s 

current Board of Directors, with each 

individual’s organizational affiliation 

and the Chairperson identified (see 

Section III, Eligibility); 

(d) A list of any Coalition or 

contractual positions to be supported by 

funds from this grant; and 

(e) A budget narrative that clearly 

describes the planned expenditure of 

funds under this grant. 

(8) Required Assurances (included in 

the application as Attachment A): 

(a) The applicant Coalition will not 

use grant funds, directly or indirectly, to 

influence the issuance, amendment, or 

revocation of any Executive Order or 

similar legal document by any Federal, 

State or local agency, or to undertake to 

influence the passage or defeat of any 

legislation by the Congress, or any State, 

or local legislative body, or State 

proposals by initiative petition, except 

where representatives of the Coalition 

are testifying, or making other 

appropriate communications, either 

when formally requested to do so by a 

legislative body, a committee, or a 

member of such organization (42 U.S.C. 

10410(d)(1)); or in connection with 

legislation or appropriations directly 

affecting the activities of the Coalition 

or any member of the Coalition (42 

U.S.C. 10410(d)(2)). 

(b) The applicant Coalition will 

prohibit discrimination on the basis of 

age, handicap, sex, race, color, national 

origin or religion, as described in 42 

U.S.C. 10406. 

(Note: As required by the Paperwork 

Reduction Act of 1995, Pub. L. 104–13, the 

public reporting burden for the project 

description is estimated to average 10 hours 

per response, including the time for 

reviewing instructions, gathering and 

maintaining the data needed, and reviewing 

the collection information. The Project 

Description information collection is 

approved under OMB control number 0970– 

0280, which expires on 12/31/2011. 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.) 

Certifications 

All applicants must submit or comply 

with the required certifications found in 

the Attachments, as follows: 

Anti-Lobbying Certification and 

Disclosure Form must be signed and 

submitted with the application (See 

Attachment B): Applicants must furnish 

prior to award an executed copy of the 

Standard Form (SF) LLL, Certification 

Regarding Lobbying, when applying for 

an award in excess of $100,000. 

Applicants who have used non-Federal 

funds for lobbying activities in 

connection with receiving assistance 

under this announcement shall 

complete a disclosure form, if 

applicable, with their applications 

(approved by OMB under control 

number 0348–0046). Applicants should 

sign and return the certification with 

their application. 

Certification Regarding 

Environmental Tobacco Smoke (See 

Attachment C): Applicants must also 

understand they will be held 

accountable for the smoking prohibition 

included within Public Law 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 forms. By 

signing and submitting the application, 

applicants are accepting and agreeing to 

all terms and conditions of the 

certification. 

Certification Regarding Drug-Free 

Workplace Requirements (See 

Attachment D): 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. By signing and 

submitting the application, applicants 

are accepting and agreeing to all terms 

and conditions of the certification. 

These certifications can also 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 Violence Prevention and 

Services Program, Family and Youth 

Services Bureau, Administration on 

Children, Youth and Families, 

Administration for Children and 

Families, Attention: Allison Randall, 

1250 Maryland Avenue, SW., Room 

8220, Washington, DC 20024. 

V. Reporting Requirements 

Performance Reports 

Beginning with FY 2009 awards, ACF 

grantees will begin submitting 

Performance Progress Reports using a 

standardized format, the SF–PPR. The 

SF–PPR is the standard governmentwide performance progress reporting 

format used by Federal agencies to 

collect performance information from 

recipients. A version of the SF–PPR has 

been tailored for grantees under this 

announcement as the ACYF–FYSB– 

FVPS–SF–PPR. A Program Performance 

Report must be filed with HHS 

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; activities conducted in 

conjunction with community-based, 

culturally specific service providers or 

organizations serving or representing 

underserved communities; 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. A copy of the ACYF–FYSB– 

FVPS–SF–PPR will be available in the 

webpage publication of this 

announcement at http:// 

www.acf.hhs.gov/programs/fysb/ 

content/familyviolence/index.html 

approximately 10 business days after 

the publication of this announcement in 

the Federal Register. 

The annual report is due 90 days after 

the end of the fiscal year in which the 

grant is awarded; i.e., December 29. 

Annual reports should be sent to: 

Family Violence Prevention and 

Services Program, Family and Youth 

Services Bureau, Administration on 

Children, Youth and Families, 

Administration for Children and 

Families, Attention: Allison Randall, 


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1250 Maryland Avenue, SW., Room 

8220, 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 for FY 2009 grant awards is due 

December 29, 2009. The final SF–269A 

for FY 2009 is due December 29, 2010. 

The first SF–269A for FY 2010 grant 

awards is due December 29, 2010. The 

final SF–269A for FY 2010 is due 

December 29, 2011. The first SF–269A 

for FY 2011 grants awards is due 

December 29, 2011. The final SF–269A 

for FY 2011 is due December 29, 2012. 

SF–269A can be found at the following 

URL: http://www.whitehouse.gov/omb/ 

grants/grants_forms.html. 

Completed reports should be sent to: 

Frederick Griefer, Division of 

Mandatory Grants, Office of Grants 

Management, Office of Administration, 

Administration for Children and 

Families, 370 L’Enfant Promenade, SW., 

6th Floor, 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. 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 (nongovernmental) or 45 CFR Part 92 

(governmental). 

Direct Federal grants, sub-award 

funds, or contracts under this ACF 

program shall not be used to support 

inherently religious activities such as 

religious instruction, worship, or 

proselytization. Therefore, organizations 

must take steps to separate, in time or 

location, their inherently religious 

activities from the services funded 

under this program. Regulations 

pertaining to the Equal Treatment for 

Faith-Based Organizations, which 

includes the prohibition against Federal 

funding of inherently religious 

activities, can be found at the HHS Web 

site at http://www.hhs.gov/fbci/ 

waisgate21.pdf. 

A faith-based organization receiving 

HHS funds retains its independence 

from Federal, State, and local 

governments and may continue to carry 

out its mission, including the definition, 

practice, and expression of its religious 

beliefs. For example, a faith-based 

organization may use space in its 

facilities to provide secular programs or 

services funded with Federal funds 

without removing religious art, icons, 

scriptures, or other religious symbols. In 

addition, a faith-based organization that 

receives Federal funds retains its 

authority over its internal governance, 

and it may retain religious terms in its 

organization’s name, select its board 

members on a religious basis, and 

include religious references in its 

organization’s mission statements and 

other governing documents in 

accordance with program requirements, 

statutes, and other applicable 

requirements governing the conduct of 

HHS funded activities. 

Faith-based and community 

organizations may reference the 

‘‘Guidance to Faith-Based and 

Community Organizations on Partnering 

with the Federal Government’’ at http:// 

www.whitehouse.gov/government/fbci/ 

guidance/index.html. 

VII. Other Information 

FOR FURTHER INFORMATION CONTACT: 

Allison Randall at (202) 205–7889 or 

e-mail at allison.randall@acf.hhs.gov. 

Dated: March 30, 2009. 

Maiso L. Bryant, 

Acting Commissioner, Administration on 

Children, Youth and Families. 

Attachments: Required Assurances and 

Certifications: 

A. Assurances 

B. Anti-Lobbying and Disclosure 

C. Environmental Tobacco Smoke 

D. Drug-Free Workplace Requirements 

Attachment A 

Assurances of Compliance with Grant 

Requirements 

The undersigned certifies that: 

(1) The applicant Coalition will not 

use grant funds, directly or indirectly, to 

influence the issuance, amendment, or 

revocation of any Executive Order or 

similar legal document by any Federal, 

State or local agency, or to undertake to 

influence the passage or defeat of any 

legislation by the Congress, or any State, 

or local legislative body, or State 

proposals by initiative petition, except 

where representatives of the Coalition 

are testifying, or making other 

appropriate communications, either 

when formally requested to do so by a 

legislative body, a committee, or a 

member of such organization (42 U.S.C. 

10410(d)(1)); or in connection with 

legislation or appropriations directly 

affecting the activities of the Coalition 

(42 U.S.C. 10410(d)(2)). 

(2) The applicant Coalition will 

prohibit discrimination on the basis of 

age, handicap, sex, race, color, national 

origin or religion, as described in 42 

U.S.C. 10406. 

lllllllllllllllllll

Signature 

lllllllllllllllllll

Title 

lllllllllllllllllll

Organization 

Attachment B 

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 


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15292 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 

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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Signature 

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Title 

lllllllllllllllllll

Organization 

Attachment C 

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. 

Attachment D 

Certification Regarding Drug-Free 

Workplace Requirements 

This certification is required by the 

regulations implementing the Drug-Free 

Workplace Act of 1988: 45 CFR Part 76, 

Subpart F. Sections 76.630(c) and (d)(2) 

and 76.645(a)(1) and (b) provide that a 

Federal agency may designate a central 

receipt point for STATE-WIDE AND 

STATE AGENCY-WIDE certifications, 

and for notification of criminal drug 

convictions. For the Department of 

Health and Human Services, the central 

point is: Division of Grants Management 

and Oversight, Office of Management 

and Acquisition, Department of Health 

and Human Services, Room 517–D, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

Certification Regarding Drug-Free 

Workplace Requirements (Instructions 

for Certification) 

(1) By signing and/or submitting this 

application or grant agreement, the 

grantee is providing the certification set 

out below. 

(2) The certification set out below is 

a material representation of fact upon 

which reliance is placed when the 

agency awards the grant. If it is later 

determined that the grantee knowingly 

rendered a false certification, or 

otherwise violates the requirements of 

the Drug-Free Workplace Act, the 

agency, in addition to any other 

remedies available to the Federal 

Government, may take action authorized 

under the Drug-Free Workplace Act. 

(3) For grantees other than 

individuals, Alternate I applies. 

(4) For grantees who are individuals, 

Alternate II applies. 

(5) Workplaces under grants, for 

grantees other than individuals, need 

not be identified on the certification. If 

known, they may be identified in the 

grant application. If the grantee does not 

identify the workplaces at the time of 

application, or upon award, if there is 

no application, the grantee must keep 

the identity of the workplace(s) on file 

in its office and make the information 

available for Federal inspection. Failure 

to identify all known workplaces 

constitutes a violation of the grantee’s 

drug-free workplace requirements. 

(6) Workplace identifications must 

include the actual address of buildings 

(or parts of buildings) or other sites 

where work under the grant takes place. 

Categorical descriptions may be used 

(e.g., all vehicles of a mass transit 

authority or State highway department 

while in operation, State employees in 

each local unemployment office, 

performers in concert halls or radio 

studios). 

(7) If the workplace identified to the 

agency changes during the performance 

of the grant, the grantee shall inform the 

agency of the change(s), if it previously 

identified the workplaces in question 

(see paragraph five). 

(8) Definitions of terms in the 

Nonprocurement Suspension and 

Debarment common rule and Drug-Free 

Workplace common rule apply to this 

certification. Grantees’ attention is 

called, in particular, to the following 

definitions from these rules: 

Controlled substance means a 

controlled substance in Schedules I 

through V of the Controlled Substances 

Act (21 U.S.C. 812) and as further 

defined by regulation (21 CFR 1308.11 

through 1308.15); 

Conviction means a finding of guilt 

(including a plea of nolo contendere) or 

imposition of sentence, or both, by any 

judicial body charged with the 

responsibility to determine violations of 

the Federal or State criminal drug 

statutes; 

Criminal drug statute means a Federal 

or non-Federal criminal statute 

involving the manufacture, distribution, 

dispensing, use, or possession of any 

controlled substance; 

Employee means the employee of a 

grantee directly engaged in the 

performance of work under a grant, 

including: (i) All direct charge 

employees; (ii) All indirect charge 

employees unless their impact or 

involvement is insignificant to the 

performance of the grant; and, (iii) 

Temporary personnel and consultants 

who are directly engaged in the 

performance of work under the grant 

and who are on the grantee’s payroll. 

This definition does not include 

workers not on the payroll of the grantee 

(e.g., volunteers, even if used to meet a 

matching requirement; consultants or 

independent contractors not on the 

grantee’s payroll; or employees of 

subrecipients or subcontractors in 

covered workplaces). 

Certification Regarding Drug-Free 

Workplace Requirements Alternate I. 

(Grantees Other Than Individuals) 

The grantee certifies that it will or 

will continue to provide a drug-free 

workplace by: 

(1) Publishing a statement notifying 

employees that the unlawful 


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Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 15293 

1For prescription drugs and biologics, the act 

requires advertisements to contain ‘‘information in 

brief summary relating to side effects, 

contraindications, and effectiveness’’ (21 U.S.C. 

352(n)). 

2See Swartz, L., Woloshin, S., Black, W., and 

Welch, H.G., ‘‘The role of numeracy in 

understanding the benefit of screening 

mammography,’’Annals of Internal Medicine, 

127(11), 966–72, 1997. 

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; 

(2) Establishing an ongoing drug-free 

awareness program to inform employees 

about— 

(a) The dangers of drug abuse in the 

workplace; 

(b) The grantee’s policy of 

maintaining a drug-free workplace; 

(c) Any available drug counseling, 

rehabilitation, and employee assistance 

programs; and 

(d) The penalties that may be imposed 

upon employees for drug abuse 

violations occurring in the workplace; 

(3) 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); 

(4) Notifying the employee in the 

statement required by paragraph (a) that, 

as a condition of employment under the 

grant, the employee will— 

(a) Abide by the terms of the 

statement; and 

(b) 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; 

(5) 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; 

(6) 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— 

(a) 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 

(b) 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; 

(7) Making a good faith effort to 

continue to maintain a drug-free 

workplace through implementation of 

paragraphs (a), (b), (c), (d), (e) and (f). 

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) 

lllllllllllllllllll

lllllllllllllllllll

Check if there are workplaces on file 

that are not identified here. 

Alternate II. (Grantees Who Are 

Individuals) 

(1) 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; 

(2) 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. E9–7502 Filed 4–2–09; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2008–N–0589] 

Agency Information Collection 

Activities; Submission for Office of 

Management and Budget Review; 

Comment Request; Mental Models 

Study of Health Care Providers’ 

Understanding of Prescription Drug 

Effectiveness 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that a proposed collection of 

information has been submitted to the 

Office of Management and Budget 

(OMB) for review and clearance under 

the Paperwork Reduction Act of 1995. 

DATES: Fax written comments on the 

collection of information by May 4, 

2009. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: FDA Desk Officer, FAX: 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. All 

comments should be identified with the 

OMB control number 0910–NEW and 

title ‘‘Mental Models Study of Health 

Care Providers’ Understanding of 

Prescription Drug Effectiveness.’’ Also 

include the FDA docket number found 

in brackets in the heading of this 

document. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Berbakos, Office of 

Information Management (HFA–710), 

Food and Drug Administration, 5600 

Fishers Lane, Rockville, MD 20857, 

301–796–3792. 

SUPPLEMENTARY INFORMATION: In 

compliance with 44 U.S.C. 3507, FDA 

has submitted the following proposed 

collection of information to OMB for 

review and clearance. 

Mental Models Study of Health Care 

Providers’ Understanding of 

Prescription Drug Effectiveness 

The Federal Food, Drug, and Cosmetic 

Act (the act) requires that 

manufacturers, packers, and distributors 

(sponsors) who advertise prescription 

human and animal drugs, including 

biological products for humans, disclose 

in advertisements certain information 

about the advertised product’s uses and 

risks.1 By its nature, the presentation of 

this risk information is likely to evoke 

active trade-offs by consumers and 

physicians, i.e., comparisons with the 

perceived risks of not taking a 

treatment, and comparisons with the 

perceived benefits of taking a 

treatment.2 The FDA has an interest in 

fostering safe and proper use of 

prescription drugs, which is an activity 

that necessitates understanding of both 

risks and benefits. Thus, an indepth 

understanding of physicians’ processing 

of this information, their thinking on 

relevant topics, and their informational 

needs are central to this regulatory task. 

Under the act, FDA engages in a 

variety of communication activities to 

ensure that patients and health care 

providers have the information they 

need to make informed decisions about 

treatment options, including the use of 

prescription drugs. FDA regulations (21 


sroberts on PROD1PC70 with NOTICES