15280 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices 

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 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) 

lllllllllllllllllllll

lllllllllllllllllllll

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. E9–7504 Filed 4–2–09; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

[HHS–2009–ACF–ACYF–FVPS–0032] 

Family Violence Prevention and 

Services/Grants for Domestic Violence 

Shelters/Grants to Native American 

Tribes (Including Alaska Native 

Villages) and Tribal Organizations 

Program Office .................................................... Administration on Children, Youth and Families (ACYF), Family and Youth Services Bureau 

(FYSB). 

Funding Opportunity Number ............................. HHS–2009–ACF–ACYF–FVPS–0032. 

Announcement Title ............................................ Family Violence Prevention and Services/Grants for Domestic Violence Shelters/Grants to Native American Tribes (including Alaska Native Villages) and Tribal Organizations. 

CFDA Number .................................................... 93.671. 

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 Native 

American Tribes (including Alaska 

Native Villages) and Tribal 

organizations. The purpose of these 

grants is to assist Tribes in establishing, 

maintaining, and expanding programs 

and projects to prevent family violence 

and to provide immediate shelter and 

related assistance for victims of family 

violence and their dependents (42 

U.S.C. 10401). 

This announcement sets forth the 

application requirements, the 

application process, and other 

administrative and fiscal requirements 

for grants in Fiscal Year (FY) 2009. 

Grantees are to be mindful that although 

the expenditure period for grants is a 

two-year period, an application is 

required every year to provide 

continuity in the provision of services. 

(See Section II. Award Information, 

Expenditure Periods.) 

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 purpose of this legislation is to 

assist Tribes Tribal organizations, 

nonprofit private organizations 

approved by Tribes and States in 

supporting the establishment, 

maintenance, and expansion of 

programs and projects to prevent 

incidents of family violence and to 

provide immediate shelter and related 


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assistance for victims of family violence 

and their dependents. 

Tribes face unique circumstances and 

obstacles when responding to family 

violence. The particular legal 

relationship of the United States to 

Indian Tribes creates a Federal trust 

responsibility to assist Tribal 

governments in safeguarding the lives of 

Indian victims of family violence. 

During FY 2008, the Department of 

Health and Human Services (HHS) 

made 257 grants to States and Tribes or 

Tribal organizations. HHS also made 53 

family violence grant awards to nonprofit State Domestic Violence 

Coalitions. In addition, HHS supports 

the Sacred Circle, National Resource 

Center to End Violence Against Native 

Women. 

General Grant Program Requirements 

for Tribes or Tribal Organizations 

Client Confidentiality 

FVPSA programs must establish or 

implement policies and protocols for 

maintaining the safety and 

confidentiality of the adult victims of 

domestic violence and their children 

whom they serve. It is essential that the 

confidentiality of individuals receiving 

FVPSA services be protected. 

Consequently, when providing 

statistical data on program activities and 

program services, individual identifiers 

of client records will not be used by 

Tribes, Tribal organizations, the State, 

or other FVPSA grantees or subgrantees. 

The address or location of any FVPSAfunded shelter facility will, except with 

written authorization of the person or 

persons responsible for the operation of 

such shelter, not be made public and the 

confidentiality of records pertaining to 

any individual provided family violence 

prevention and treatment services by 

any FVPSA-funded program will be 

strictly maintained (42 U.S.C. 

10402(a)(2)(E)). 

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 

follows 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 for grantees about how to 

comply with the FVPSA confidentiality 

obligations, and requires FVPSA-funded 

programs to comply with the VAWA 

confidentiality provisions. 

In FY 2009 guidance, FYSB requires 

that grantees only collect unduplicated 

data for each program, and that 

information not be unduplicated across 

programs or statewide. No client-level 

data may 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)). 

The Importance of Coordinated, 

Accessible Services 

The impacts of family violence may 

include physical injury and death of 

primary or secondary victims, 

psychological trauma, isolation from 

family and friends, harm to children 

living with a parent or caretaker who is 

either experiencing or perpetrating 

family violence, increased fear, reduced 

mobility, damaged credit, employment 

and financial instability, homelessness, 

substance abuse, chronic illnesses, and 

a host of other health and related mental 

health consequences. The physical and 

cultural obstacles existing in much of 

Indian country compound the basic 

dynamics of family violence. Barriers 

such as the isolation of vast rural areas, 

the concern for safety in isolated 

settings, lack of housing and shelter 

options, and the transportation 

requirements over long distances 

heighten the need for the coordination 

of the services through an often limited 

delivery system. 

To help bring about a more effective 

response to the problem of family 

violence, HHS urges Tribes and Tribal 

organizations receiving funds under this 

grant announcement to coordinate 

activities funded under this grant with 

other new and existing resources for the 

prevention of family 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). The 

HHS Office for Civil Rights provides 

guidance to grantees in complying with 

these requirements. Services must also 

be provided on a voluntary basis; 

receipt of shelter or housing must not be 

conditioned on participation in 

supportive services. 

National Data Collection and Outcomes 

Measurement 

In collaboration with partners at the 

State FVPSA programs, State Domestic 

Violence Coalitions (Coalitions), Tribes 

and Tribal organizations, Sacred Circle, 

the National Resource Center on 

Domestic Violence, and experts on both 

data collection and domestic violence 

issues, FYSB continues to develop 

informative, succinct, and nonburdensome 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. In FY 2008, FYSB worked 

with Tribal representatives to assess the 

applicability of the proposed program 

reporting procedures and outcome 

measures for FVPSA Tribal grantees. In 

FY 2009, FYSB is requiring Tribal 

grantees and States to use standardized 

reporting forms to facilitate the 

collection of uniform, aggregate data on 

FVPSA-supported program services, as 

described in Section VI. 

Annual Tribal Grantee Meeting 

FVPSA grant administrators should 

expect to attend the annual Tribal 

Grantee Meeting. Subsequent 

correspondence will advise the Tribal 

FVPSA Administrators of the date, time, 

and location of the grantee meeting. 

Definitions 

Tribes and Tribal organizations 

should use the following definitions in 

carrying out their programs. The 

definitions are found in 42 U.S.C. 

10421. 

Family Violence: Any act, or 

threatened act, of violence, including 

any forceful detention of an individual, 

which (a) results or threatens to result 

in physical injury and (b) is committed 

by a person against another individual 

(including an elderly person) to whom 

such person is, or was, related by blood 

or marriage, or otherwise legally related, 

or with whom such person is, or was, 

lawfully residing. 

Indian Tribe: ‘‘Indian tribe’’ means 

any Indian tribe, band, nation, or other 

organized group or community, 

including any Alaska Native village or 

regional or village corporation as 

defined in or established pursuant to the 

Alaska Native Claims Settlement Act (43 

U.S.C. 1601 et seq.), which is recognized 

as eligible for the special programs and 

services provided by the United States 

to Indians because of their status as 

Indians (25 U.S.C. 450b(e)). 

Tribal Organization: ‘‘Tribal 

Organization’’ means the recognized 

governing body of any Indian tribe; any 

legally established organization of 

Indians which is controlled, sanctioned, 

or chartered by such governing body or 

which is democratically elected by the 

adult members of the Indian community 


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to be served by such organization and 

which includes the maximum 

participation of Indians in all phases of 

its activities. In any case where a 

contract is let or grant made to an 

organization to perform services 

benefiting more than one Indian tribe, 

the approval of each such Indian tribe 

shall be a prerequisite to the letting or 

making of such contract or grant (25 

U.S.C. 450b(l)). 

Shelter: The provision of temporary 

refuge and related assistance in 

compliance with applicable State law 

and regulation governing the provision, 

on a regular basis, of shelter, safe 

homes, meals, and related assistance to 

victims of family violence and their 

dependents. 

Related assistance: The provision of 

direct assistance to victims of family 

violence and their dependents for the 

purpose of preventing further violence, 

helping such victims to gain access to 

civil and criminal courts and other 

community services, facilitating the 

efforts of such victims to make decisions 

concerning their lives in the interest of 

safety, and assisting such victims in 

healing from the effects of the violence. 

Related assistance includes: 

(1) Prevention services such as 

outreach and prevention services for 

victims and their children, assistance to 

children who witness domestic 

violence, employment training, 

parenting, and other educational 

services for victims and their children, 

preventive health services within 

domestic violence programs (including 

services promoting nutrition, disease 

prevention, exercise, and prevention of 

substance abuse), domestic violence 

prevention programs for school-age 

children, family violence public 

awareness campaigns, and violence 

prevention counseling services to 

abusers; 

(2) Counseling with respect to family 

violence, counseling or other supportive 

services by peers individually or in 

groups, and referral to community social 

services; 

(3) Transportation, technical 

assistance with respect to obtaining 

financial assistance under Federal and 

State programs, and referrals for 

appropriate health-care services 

(including alcohol and drug abuse 

treatment), but shall not include 

reimbursement for any health-care 

services; 

(4) Legal advocacy to provide victims 

with information and assistance through 

the civil and criminal courts, and legal 

assistance; or 

(5) Children’s counseling and support 

services, child care services for children 

who are victims of family violence or 

the dependents of such victims, and 

children who witness domestic 

violence. 

II. Funds Available 

Subject to the availability of Federal 

appropriations and as authorized by 

law, in FY 2009, HHS will make 

available to Tribes and Tribal 

organizations grant funds as described 

in this announcement. In separate 

announcements, HHS will make 

available funds to States for providing 

immediate shelter and related assistance 

to victims of family violence and their 

dependents and funds for State 

Domestic Violence Coalitions to 

continue their work within the domestic 

violence community by providing 

technical assistance and training, 

advocacy services, and other activities. 

The FVPSA expired on September 30, 

2008. Its reauthorization could 

introduce new statutory or 

administrative requirements impacting 

grantees within the next few years. 

Tribal Allocations 

In computing Tribal allocations, FYSB 

will use the latest available population 

figures from the Census Bureau. To view 

the Census’ latest populations go to 

their Web site at http://www.census.gov. 

Where Census Bureau data are 

unavailable, FYSB will use figures from 

the Bureau of Indian Affairs’ (BIA’s) 

Indian Population and Labor Force 

Report. 

The funding formula for the allocation 

of family violence funds is based upon 

the Tribe’s population. The formula has 

two parts, the tribal population base 

allocation and a population category 

allocation. 

The base allocations are determined 

by a tribe’s population and a funds 

allocation schedule. Tribes with 

populations between 1,500 to 50,000 

people receive a $2,500 base allocation 

for the first 1,500 people. For each 

additional 1,000 people above the 1,500 

person minimum, a tribe’s base 

allocation is increased $1,000. Tribes 

with populations between 50,001 to 

100,000 people receive base allocations 

of $125,000 and Tribes with a 

population of 100,001 to 150,000 

receive a base allocation of $175,000. 

Once the minimum amounts have 

been distributed to the Tribes that have 

applied for FVPSA funding, the ratio of 

the Tribal population category to the 

total of all base allocations is then 

considered in allocating the remainder 

of the funds. By establishing base 

amounts with distribution of 

proportional amounts for larger Tribes, 

the FVPSA Program is balancing the 

need for basic services for all Tribes 

with the greater demand for services 

among Tribes with larger populations. 

In FY 2008, actual grant awards ranged 

from $26,541 to $2,219,962. 

Tribes are encouraged to apply for 

FVPSA funding as a consortium. Tribal 

consortia consist of groups of Tribes 

who agree to apply for and administer 

a single FVPSA grant with one Tribe or 

Tribal organization responsible for grant 

administration. In a Tribal consortium, 

the population of the Tribal Trust Land 

for all of the Tribes involved will be 

used to calculate the award amount. The 

allocations for each of the Tribes 

included in the consortium will be 

combined to determine the total grant 

for the consortium. 

Expenditure Periods 

The project period under this program 

announcement is 24 months. The 

FVPSA funds may be used for 

expenditures on and 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. For example: 

Award year (Federal 

Fiscal Year (FY)) 

Project period 

(24 months) Application requirements and expenditure periods 

FY 2009 ........................ 10/01/08–9/30/10 Apply for one year of grant funds in this application. Regardless of the date the award is received, you may begin obligating these funds on October 1, 2008. The funds may be expended through September 30, 2010. 

FY 2010 ........................ 10/01/09–9/30/11 Apply for one year of grant funds in this application. Regardless of the date the award is received, you may begin obligating these funds on October 1, 2009. The funds may be expended through September 30, 2011. 


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Re-allotted funds, if any, are available 

for expenditure until the end of the 

fiscal year following the fiscal year that 

the funds became available for reallotment. FY 2009 grant funds that are 

made available to Tribes and Tribal 

organizations through re-allotment must 

be expended by the grantee no later than 

September 30, 2010. 

III. Eligibility 

Tribes and Tribal organizations are 

eligible for funding under this program 

if they meet the definition of ‘‘Indian 

Tribe’’ or ‘‘Tribal organization’’ set forth 

in section 450B of Title 25 and if they 

are able to demonstrate their capacity to 

carry out a family violence prevention 

and services program. Any Tribe or 

Tribal organization that believes it 

meets the eligibility criteria and should 

be included in the list of eligible Tribes 

should provide supportive 

documentation and a request for 

inclusion in its application. (See 

Application Content Requirements 

below.) Tribes may apply singularly or 

as a consortium. In addition, a nonprofit private organization or Tribal 

organization, approved by a Tribe for 

the operation of a family violence 

shelter or program on a reservation is 

eligible for funding. 

Additional Information on Eligibility 

D–U–N–S Requirement 

All applicants must have a D&B Data 

Universal Numbering System (D–U–N– 

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

of Management and Budget (OMB) 

published in the Federal Register a new 

Federal policy applicable to all Federal 

grant applicants. The policy requires 

Federal grant applicants to provide a D– 

U–N–S number when applying for 

Federal grants or cooperative 

agreements on or after October 1, 2003. 

The D–U–N–S number will be required 

whether an applicant is submitting a 

paper application or using the 

government-wide electronic portal, 

www.Grants.gov. A D–U–N–S number 

will be required for every application 

for a new award or renewal/ 

continuation of an award, including 

applications or plans under formula, 

entitlement, and block grant programs, 

submitted on or after October 1, 2003. 

Please ensure that your organization 

has a D–U–N–S number. You 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 online at http://www.dnb.com. 

IV. Application Requirements for 

Tribes and Tribal Organizations 

Content of Application Submission 

The application from the Tribe or 

Tribal organization must be signed by 

the Chief Executive Officer or Tribal 

Chairperson of the applicant 

organization. 

The cover letter of the application 

should include the following 

information: 

(1) The name of the Tribe or Tribal 

organization applying for the FVPSA 

grant and the mailing address. 

(2) The name of the Chief Program 

Official designated as responsible for 

administering funds under FVPSA, and 

the telephone number, fax number, and 

if available, an e-mail address. 

(3) The name of the program person 

designated to administer coordination of 

the related programs, and the telephone 

number, fax number, and if available, an 

e-mail address. 

(4) The Employee Identification 

Number (EIN) of the applicant 

organization submitting the application. 

(5) The D–U–N–S number of the 

applicant organization submitting the 

application. See preceding D–U–N–S 

Requirement section for additional 

information. 

The content of the application should 

include the following: 

(1) A copy of a current resolution 

stating that the designated organization 

or agency has the authority to submit an 

application on behalf of the individuals 

in the Tribe(s) and to administer 

programs and activities funded under 

this program (42 U.S.C. 10402(b)(2)). 

Please Note: New applicants and 

Consortia applicants must submit new 

resolutions. Ongoing applicants must 

submit a copy of active resolutions 

covering FY 2009. 

(2) A description of the procedures 

designed to involve knowledgeable 

individuals and interested organizations 

in providing services under FVPSA (42 

U.S.C. 10402(b)(2)). For example, 

knowledgeable individuals and 

interested organizations may include: 

Tribal officials or social services staff 

involved in child abuse or family 

violence prevention, Tribal law 

enforcement officials, representatives of 

State Domestic Violence Coalitions, and 

operators of domestic violence shelters 

and service programs. 

(3) A description of the applicant’s 

operation of and/or capacity to carry out 

a family violence prevention and 

services program. This might be 

demonstrated in ways such as the 

following: 

(a) The current operation of a shelter, 

safe house, or family violence 

prevention program; 

(b) The establishment of joint or 

collaborative service agreements with a 

local public agency or a private nonprofit agency for the operation of family 

violence prevention activities or 

services; or 

(c) The operation of social services 

programs as evidenced by receipt of 

‘‘638’’ contracts with BIA; Title II Indian 

Child Welfare grants from BIA; Child 

Welfare Services grants under Title IV– 

B of the Social Security Act; or Family 

Preservation and Family Support grants 

under Title IV–B of the Social Security 

Act. 

(4) A description of the services to be 

provided, how the applicant 

organization plans to use the grant 

funds to provide the direct services, to 

whom the services will be provided, 

and the expected results of the services. 

(5) Documentation of the policies and 

procedures developed and 

implemented, including copies of the 

policies and procedures to ensure that 

individual identifiers of client records 

will not be used when providing 

statistical data on program activities and 

program services and that the 

confidentiality of records pertaining to 

any individual provided domestic 

violence prevention or treatment 

services by any FVPSA-supported 

program will be strictly maintained (42 

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

(6) Documentation of the law or 

procedure which has been implemented 

for the eviction of an abusing spouse 

from a shared household (42 U.S.C. 

10402(a)(F)). 

(Note: As required by the Paperwork 

Reduction Act of 1995, Public Law 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.) 

Assurances (See Appendix A): Each 

application must provide the assurances 

in Appendix A. 

Certifications 

All applications must submit or 

comply with the required certifications 

found in Appendices B–D as follows: 

Anti-Lobbying Certification and 

Disclosure Form (See Appendix B): 

Applicants should sign and return the 

certification with their application. 


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Certification Regarding 

Environmental Tobacco Smoke (See 

Appendix C): 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 Appendix 

D): 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 

The review and comment provisions 

of the Executive Order (E.O.) and Part 

100 do not apply. Federally recognized 

Tribes are exempt from all provisions 

and requirements of E.O. 12372. 

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: Shena Williams, 1250 

Maryland Avenue, SW., Suite 8213, 

Washington, DC 20024. 

V. Approval/Disapproval of a Tribal or 

Tribal Organization Application 

The Secretary of HHS will approve 

any application that meets the 

requirements of FVPSA and this 

announcement. The Secretary will not 

disapprove an application except after 

reasonable notice of the Secretary’s 

intention to disapprove has been 

provided to the applicant and after a 

six-month period providing an 

opportunity for applicant to correct any 

deficiencies. The notice of intention to 

disapprove will be provided to the 

applicant within 45 days of the date of 

the application. 

VI. 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 activities carried out, and 

including an assessment of the 

effectiveness of those activities in 

achieving the purposes of the grant. A 

section of this performance report must 

be completed by each grantee or subgrantee that performed the direct 

services contemplated in the application 

certifying performance of such services. 

Consortia grantees should compile 

performance reports into a 

comprehensive report for submission. 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. 

Performance Report must include the 

following data elements: 

Funding—The total amount of the 

FVPSA grant award. Total domestic 

violence program budgets for programs 

that received FVPSA grants or 

subgrants. The number of domestic 

violence programs with residential 

facilities funded. The number of nonresidential programs funded. 

Volunteers—The total number of 

volunteers working in FVPSAsupported programs, total volunteer 

hours. 

Narrative Questions—For services or 

activities supported in whole or in part 

by FVPSA funding, provide examples or 

summaries that describe: 

• Stories concerning individual 

clients, services, or community 

initiatives; 

• Activities that the FVPSA grant 

allows grantees to do what they 

wouldn’t be able to do without this 

funding; 

• Describe, if applicable, any efforts 

supported in whole or in part by the 

FVPSA grant to meet the unique needs 

of the community and any on-going 

challenges in meeting these needs, e.g., 

Tribal shelters not available; 

accessibility of non-Native shelters; 

transportation; teen services; etc. 

• Describe significant prevention and 

outreach activities supported in whole 

or in part by your FVPSA grant during 

the program year. 

• Any additional information that the 

grantees would like to share about their 

FVPSA-supported domestic violence 

programs and their effectiveness, the 

unmet needs of victims in the 

community and what would be required 

to meet those needs, or service trends 

that are emerging in their communities. 

People Served— 

• An unduplicated count 

(unduplicated by program) of nonresidential clients who are women, men, 

children, and youth who are intimate 

partner violence victims. 

• An unduplicated count 

(unduplicated by program) of residential 

clients who are women, men, children 

and youth, and youth who are intimate 

partner violence victims. 

Demographics—For Unduplicated 

Clients, include the following 

demographic categories: 

• Race/Ethnicity: Black or African 

American; American Indian/Alaska 

Native; Asian; Hispanic or Latino; 

Native Hawaiian/Other Pacific Islander; 

White; Unknown/Other. 

• Gender: Female; Male; or Not 

Specified. 

• Age: 0–17; 18–24; 25–59; 60+; 

Unknown. 

Residential Services— 

• The number of shelter nights. 

• Number of unmet requests for 

shelter. 

Related services and assistance—List 

the related services and assistance 

provided to victims and their family 

members by indicating the number of 

hours and or number of service contacts 

in each of the following categories: 

• Crisis/hotline calls (number of 

calls). 

• Supportive Counseling and 

Advocacy: Individual and Group. 

• Children’s Services. 

—Supportive Counseling and 

Advocacy: Individual and Group. 

—Children’s Activities: Individual 

and Group. 

• Batterer Intervention Services (if 

funded through FVPSA): Individual and 

Group. 

Community Education and Public 

Awareness—Report the number of 

presentations and participants that 

attended presentations/training for: 

• Adults/General Population. 

• Youth Targeted. 

• Community Awareness Activities 

(Number of events only). 

Performance reports for Tribes and 

Tribal organizations are due on an 

annual basis at the end of the calendar 

year (December 29). Performance 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, 

Attn: Shena Williams, 1250 Maryland 

Avenue, SW., Room 8213, 

Washington, DC 20024. 

Financial Status Reports 

Grantees must submit annual 

Financial Status Reports. The first SF– 

269A for funding under this 


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announcement, which is due December 

29, 2009, is based on the Federal FY and 

will cover October 1, 2008 through 

September 30, 2009. The final SF–269A 

for funding under this announcement, 

which is due December 29, 2010, will 

cover October 1, 2009 through 

September 30, 2010. The SF–269A can 

be found at http://www.whitehouse.gov/ 

omb/grants/grantsforms.html. 

Completed reports may be mailed to: 

Frederick Griefer, Division of 

Mandatory Grants, Office of Grants 

Management, Administration for 

Children and Families, 370 L’Enfant 

Promenade, SW., 6th Floor, 

Washington, DC 20447. 

Grantees are encouraged to submit their 

reports online through the Online Data 

Collection (OLDC) system at the 

following address: https:// 

extranet.acf.hhs.gov/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. 

VII. 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. 

VIII. Other Information 

For Further Information Contact: 

Shena Williams at (202) 205–5932 or email at shena.williams@acf.hhs.gov. 

Dated: March 27, 2009. 

Maiso L. Bryant, 

Acting Commissioner, Administration on 

Children, Youth and Families. 

Appendices: Required Assurances, 

Certifications, and Forms 

A. Assurances 

B. Certification Regarding Lobbying 

C. Certification Regarding Environmental 

Tobacco Smoke 

D. Drug-Free Workplace Requirements 

Appendix A—Assurances of 

Compliance With Grant Requirements 

The grantee certifies that it will comply 

with the following: 

(1) Not less than 70 percent of the funds 

distributed shall be used for immediate 

shelter and related assistance, as defined in 

42 U.S.C. 10421(4) and (5), to victims of 

family violence and their dependents and not 

less than 25 percent of the funds distributed 

shall be used to provide related assistance as 

defined in 42 U.S.C. 10421(5) (42 U.S.C. 

10402(g)). 

(2) Grant funds made available under 

FVPSA will not be used as direct payment to 

any victim or dependent of a victim of family 

violence (42 U.S.C. 10402(d)). 

(3) No income eligibility standard will be 

imposed on individuals receiving assistance 

or services supported with funds 

appropriated to carry out FVPSA (42 U.S.C. 

10402(e)). 

(4) The address or location of any shelter 

or facility assisted under FVPSA will not be 

made public, except with the written 

authorization of the person or persons 

responsible for the operations of such shelter 

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

(5) The applicant will comply with FVPSA 

confidentiality requirements and must 

provide assurances that individual identifiers 

of client records will not be used when 

providing statistical data on program 

activities and program services and that the 

confidentiality of records pertaining to any 

individual provided domestic violence 

prevention or treatment services by any 

FVPSA-supported program will be strictly 

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

(6) That a law or procedure, such as a 

process for obtaining an order of protection, 

has been implemented for the eviction of an 

abusing spouse from a shared household (42 

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

(7) That all grants, programs or other 

activities funded by the State in whole or in 

part with funds made available under FVPSA 

will prohibit discrimination on the basis of 

age, handicap, sex, race, color, national 

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

(8) That the applicant will comply with the 

applicable Departmental recordkeeping and 

reporting requirements and general 

requirements for the administration of grants 

under 45 CFR Part 92. 

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Chief Program Official 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Organization 

Appendix 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 

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 

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Organization 

Appendix 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 


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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 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 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) 

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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 


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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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