[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15273-15280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7504]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[HHS-2009-ACF-ACYF-FVPS-0035]


Family Violence Prevention and Services/Grants for Domestic 
Violence Shelters and Related Assistance/Grants to States

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Program Office...............  Administration on Children, Youth and
                                Families (ACYF), Family and Youth
                                Services Bureau (FYSB).
Funding Opportunity Number...  HHS-2009-ACF-ACYF-FVPS-0035.
Announcement Title...........  Family Violence Prevention and Services/
                                Grants for Domestic Violence Shelters
                                and Related Assistance/Grants to States.
CFDA Number..................  93.671.
Due Date for Applications....  May 4, 2009.
------------------------------------------------------------------------

    Executive Summary: This announcement governs the proposed award of 
mandatory grants under the Family Violence Prevention and Services Act 
(FVPSA) to States (including Territories and Insular Areas). The 
purpose of these grants is to assist States 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. Starting in 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 purpose of this legislation is to assist States and Indian 
Tribes, Tribal organizations, and non-profit private organizations 
approved by an Indian Tribe in supporting the establishment, 
maintenance, and expansion of programs and projects to prevent 
incidents of family violence and to provide immediate shelter and 
related assistance for victims of family violence and their dependents 
that meet the needs of all victims, including those in underserved 
communities (42 U.S.C. 10401).
    During FY 2008, the Department of Health and Human Services (HHS) 
made 52 grants to States. 202 grants were made to Indian Tribes, Tribal 
organizations, and non-profit private organizations approved by Indian 
Tribes. The Department of Health and Human Services (HHS) also made 53 
family violence prevention grant awards to non-profit State Domestic 
Violence Coalitions.
    The National Domestic Violence Hotline (Hotline) is funded by FVPSA 
to ensure that everyone has access to information and emergency 
assistance wherever and whenever it is needed. The Hotline is a 24-
hour, toll-free service that provides crisis assistance, counseling, 
and local shelter referrals for people across the country who need 
assistance. Hotline counselors also are available for non-English 
speaking persons and for people who are hearing-impaired. The Hotline 
number is 1-800-799-SAFE (7233); the TTY number for the hearing-
impaired is 1-800-787-3224.

Annual State Administrators Grantee Meeting

    The annual grantee meeting for the State FVPSA Administrators is a 
training and technical assistance activity that FVPSA State 
Administrators should expect to attend. Subsequent correspondence will 
advise the State FVPSA Administrators of the date, time and location of 
their grantee meeting.

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 the State or other FVPSA grantees or 
subgrantees. The address or location of any FVPSA-supported 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-supported program will be strictly maintained (42 U.S.C. 
10402(a)(2)(E)).

[[Page 15274]]

    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 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 and 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, 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 
business, medical and mental health service providers, and Federal, 
State, and local public official 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 improvement of intervention and prevention 
activities.
    To help bring about a more effective response to the problem of 
family violence, HHS urges the designated State agencies 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. Please see 
http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html for HHS Office of Civil Rights guidance 
on serving immigrant victims.
    The FVPSA specifically makes Section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794) applicable to all programs and activities 
conducted with any FVPSA funds. Section 504 bars organizations and 
employers from excluding or denying individuals with disabilities or 
denying such individuals an equal opportunity to receive program 
benefits and services. Organizations may not establish eligibility 
criteria for receipt of services or participation in programs or 
activities that screen out or tend to screen out individuals with 
disabilities, unless such criteria are necessary to meet the objectives 
of the program. Under this law, individuals with disabilities are 
defined as persons with a physical or mental impairment which 
substantially limits one or more major life activities. Some examples 
of impairments which may substantially limit major life activities, 
even with the help of medication or aids/devices, are: AIDS, 
alcoholism, blindness or visual impairment, cancer, deafness or hearing 
impairment, diabetes, drug addiction, heart disease, and mental 
illness.
    Please see http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html for HHS Office of Civil Rights 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.

National Data Collection and Outcomes Measurement

    In collaboration with partners at State FVPSA programs, State 
Domestic Violence Coalitions (Coalitions), Tribes and Tribal 
organizations, the National Resource Center on Domestic Violence, and 
experts on both data collection and domestic violence prevention and 
intervention 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 FVPSA-supported program services and client outcomes, 
as described in Section VI.

Definitions

    States 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.
    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 for 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

[[Page 15275]]

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 provided by peers individually or in groups, and 
referral to community social services;
    (3) Transportation and 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, and 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

    In FY 2009, FY 2010, and FY 2011, HHS will make available for 
grants to the State-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, Pub. L. 111-8, and/
or any subsequent pertinent legal authorities).

State Allocation

    FVPSA grants to the States, the District of Columbia, and the 
Commonwealth of Puerto Rico are based on a population formula. Each 
State grant shall be $600,000 with the remaining funds allotted to each 
State on the same ratio as the population of the State to the 
population of all States (42 U.S.C. 10403(a)(2)). State populations are 
determined on the basis of the most recent census data available to the 
Secretary of HHS, and the Secretary shall use for such purpose, if 
available, the annual current interim census data produced by the 
Secretary of Commerce pursuant to 13 U.S.C. 181 (42 U.S.C. 10403(b)).
    For the purpose of computing allotments, the statute provides that 
Guam, American Samoa, the Virgin Islands, and the Northern Mariana 
Islands will each receive grants of not less than one-eighth of one 
percent of the amounts appropriated (42 U.S.C. 10403(a)(1)).

Length of Project Periods

    States 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. States 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, States 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. States 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      States will continue to      This change does not affect the amount of
 annually. The Federal FY is a one-year    have two years to spend      the grant award or the timing of the
 period from September through October.    the funds.                   grant award, only the application
                                                                        process.
FY 2009.................................  10/01/08-9/30/10...........  States apply for three years of grant
                                                                        funds in this one application. States
                                                                        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...........  States 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...........  States will not be required to submit an
                                                                        additional application for FY 2011
                                                                        unless there are material changes made
                                                                        to the program.
----------------------------------------------------------------------------------------------------------------

Expenditure Period

    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.
    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 re-allotment. FY 2009 grant funds that are made available 
to the States through re-allotment, under 42 U.S.C. 10403(d), must be 
expended by the State no later than September 30, 2010. FY 2010 grant 
funds that are made available to the States through re-allotment, under 
42 U.S.C. 10403(d), must be expended by the State no later than 
September 30, 2011. FY 2011 grant funds that are made available to the 
States through re-allotment, under 42 U.S.C. 10403(d), must be expended 
by the State no later than September 30, 2012.

III. Eligibility

    ``States'' as defined in section 320 of FVPSA are eligible to apply 
for funds. The term ``State'' means each of the 50 States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
    In the past, Guam, the Virgin Islands, the Commonwealth of the 
Northern Mariana Islands and American Samoa have applied for funds as a 
part of their consolidated grant under the Social Services Block grant. 
These jurisdictions need not submit an application under this program 
announcement if they choose to have their allotment included as part of 
a consolidated grant application.

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

[[Page 15276]]

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.
    Please ensure that the applicant's organization has a D-U-N-S 
number. To acquire a D-U-N-S number at no cost, call the dedicated 
toll-free D-U-N-S number request line at 1-866-705-5711 or request a 
number online at http://www.dnb.com.

IV. Application Requirements

    The project description is approved under the Office of Management 
and Budget (OMB) control number 0970-0280, which expires on December 
31, 2011.

Content of Application Submission

    The State's application must be submitted by the Chief Executive of 
the State and signed by the Chief Executive Officer or the Chief 
Program Official designated as responsible for the administration of 
FVPSA.
    Each application must contain the following information or 
documentation:
    (1) The name of the State agency, the name and contact information 
for the Chief Program Official designated as responsible for the 
administration of funds under FVPSA and coordination of related 
programs within the State, and the name and contact information for a 
contact person if different from the Chief Program Official (42 U.S.C. 
10402(a)(2)(D)).
    (2) A plan describing in detail how the needs of underserved 
populations will be met (42 U.S.C. 10402(a)(2)(C)). ``Underserved 
populations'' include populations underserved because of geographic 
location (such as rural isolation), underserved racial and ethnic 
populations, populations underserved because of special needs (such as 
language barriers, disabilities, immigration status, or age), and any 
other population determined to be underserved by the State planning 
process or the Secretary of HHS (42 U.S.C. 13925(a)(32)).
    (a) Identify which populations in the State are underserved, 
describe those that are being targeted for outreach and services, and 
provide a brief explanation of why those populations were selected to 
receive outreach and services.
    (b) Describe the outreach plan, including the domestic violence 
training to be provided, the means for providing technical assistance 
and support, and the leadership role played by those representing and 
serving the underserved populations in question.
    (c) Describe the specific services to be provided or enhanced, such 
as new shelters or services, improved access to shelters or services, 
or new services for underserved populations such as victims from 
communities of color, immigrant victims, or victims with disabilities, 
etc.
    (d) Describe the public information component of the State's 
outreach program: The elements of your program that are used to explain 
domestic violence, the most effective and safe ways to seek help, tools 
to identify available resources, etc.
    (3) Provide a complete description of the process and procedures 
used to involve the State Domestic Violence Coalition, knowledgeable 
individuals, and interested organizations, including those serving or 
representing underserved communities, in the State planning process, 
and provide assurances that the State grantee is in compliance with the 
requirements of 42 U.S.C. 10402(a)(2)(C).
    (4) Provide complete documentation of consultation with and 
participation of the State Domestic Violence Coalition in the 
administration and distribution of FVPSA grants and grant funds awarded 
to the State as required by 42 U.S.C. 10410(a)(5) and 42 U.S.C. 
10402(a)(2)(C)).
    (5) Provide complete documentation of policies, procedures and 
protocols that ensure individual identifiers of client records will not 
be used when providing statistical data on program activities and 
program services, that the confidentiality of records pertaining to any 
individual provided family violence prevention or treatment services by 
any FVPSA-supported program will be strictly maintained, and the 
address or location of any FVPSA-supported shelter will not be made 
public without the written authorization of the person or persons 
responsible for the operation of such shelter (42 U.S.C. 
10402(a)(2)(E)).
    (6) Describe the plan to assure an equitable distribution of grants 
and grant funds within the State and between urban and rural areas 
within such State (42 U.S.C. 10402(a)(2)(C)).
    (7) Include a description of how the State plans to use the grant 
funds; a description of the target populations; the number of shelters 
to be funded; the number of non-residential programs to be funded; the 
services the State will provide; and the expected results from the use 
of the grant funds (42 U.S.C. 10402(a)(2)).
    (8) Provide a copy of the law or procedures, such as a process for 
obtaining an order of protection, that the State has implemented for 
the eviction of an abusive spouse from a shared household (42 U.S.C. 
10402(a)(2)(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

    Each application must provide the assurances in Appendix A.

Certifications

    All applications must submit or comply with the required 
certifications found in the Appendices as follows:
Anti-Lobbying Certification and Disclosure Form (See Appendix 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 Appendix C)
    Applicants and subgrantees must 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 which 
implements the smoking prohibition is included with the forms. By 
signing and submitting the application, applicants are accepting and 
agreeing to all terms and conditions of the certification.

[[Page 15277]]

Certification Regarding Drug-Free Workplace Requirements (See Appendix 
D)
    The signature on the application by the chief program official 
attests to the applicant's 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

    For States, this program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' for State plan 
consolidation and implication only--45 Code of Federal Regulations 
(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: Edna James or Shannon R. Gaskins, 1250 Maryland Avenue, SW., 
Suite 8214, Washington, DC 20024.

V. Approval/Disapproval of a State Application

    The Secretary of HHS will approve any application that meets the 
requirements of FVPSA and this announcement and will not disapprove any 
such 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 the 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 government-wide 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 sub-grantee that performed the direct services contemplated 
in the application certifying performance of such services. A copy of 
the ACYF-FYSB-FVPS-SF-PPR will be available in the Web page 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 performance report must include the following data elements and 
narrative examples of the services that were provided:
    Funding--The total amount of the FVPSA grant funds awarded. Total 
amount of State administrative cost. Total number of subgrants awarded. 
Total domestic violence program budget for programs that received FVPSA 
subgrants. The number of domestic violence programs with residential 
facilities funded. The number of non-residential programs funded.
    Volunteers--The total number of volunteers working in FVPSA-
supported programs; total volunteer hours.
    Narrative Questions--For services or activities in the State 
supported in whole or in part by FVPSA funding, provide examples or 
summaries that describe:
    <bullet> Stories concerning individual clients, services, or 
community or Statewide initiatives;
    <bullet> Activities that the FVPSA grant allows grantees to do that 
they wouldn't be able to do without this funding.
    <bullet> Efforts to identify and meet the needs of underserved 
populations, including populations underserved because of ethnic, 
racial, cultural, or language diversity or geographic isolation. 
Include the ongoing challenges in addressing these needs.
    <bullet> Significant prevention activities conducted during the 
program year.
    <bullet> Any additional information that the grantee would like to 
share about the State's FVPSA-supported domestic violence programs and 
their effectiveness, the unmet needs of victims in the State and what 
would be required to meet those needs, or service trends that are 
emerging in their communities.
    People Served--
    <bullet> An unduplicated count (unduplicated by program but not 
across State) of non-residential clients who are women, men, children, 
and youth who are intimate partner violence victims.
    <bullet> An unduplicated count (unduplicated by program but not 
across State) of residential clients, including the number of shelter 
nights, for women, men, children, and youth who are intimate partner 
violence victims.
    Demographics--For Unduplicated Clients, include the following 
demographic categories:
    <bullet> Race/Ethnicity: Black or African American; American 
Indian/Alaska Native; Asian; Hispanic or Latino; Native Hawaiian/Other 
Pacific Islander; White; Unknown/Other.
    <bullet> Gender: Female; Male; or Not Specified.
    <bullet> Age: 0-17; 18-24; 25-59; 60+; Unknown.
    Residential Services--
    <bullet> Total Shelter Nights.
    <bullet> 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:
    <bullet> Crisis/Hotline Calls (Number of Calls).
    <bullet> Supportive Counseling and Advocacy: Individual and group.
    <bullet> Children's Services.

--Supportive Counseling and Advocacy: Individual and group.
--Children's Activities: Individual and group.

    <bullet> 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:
    <bullet> Adults/General Population.
    <bullet> Youth Targeted.
    <bullet> Community Awareness Activities (Number of Events Only).
    Outcome Data--Report results from FVPSA outcome surveys:
    <bullet> Total number of domestic violence survivors who have more 
strategies for enhancing their safety, and total number completing 
safety outcome survey; and,
    <bullet> Total number of domestic violence survivors who have more 
knowledge about community resources, and total number completing 
resource outcome survey.
    Performance Reports for the States are due on an annual basis at 
the end of the calendar year (December 29). Performance Reports should 
be sent to:


[[Page 15278]]


Family Violence Prevention and Services Program,
Family and Youth Services Bureau,
Administration on Children, Youth and Families,
Administration for Children and Families,
Attention: Edna James or Shannon R. Gaskins, 1250 Maryland Avenue, SW., 
Suite 8214, Washington, DC 20024.

Please note that section 42 U.S.C. 10402(a)(4) of FVPSA requires HHS to 
suspend funding for an approved application if any State 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-296A 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 grant 
awards is due December 29, 2011. The final SF-269A for FY 2011 is due 
December 29, 2012. SF-269A can be found at http://www.whitehouse.gov/omb/grants/grants_forms.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 have the option of submitting 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. All funds reported 
as unobligated after the obligation period will be recouped.

VII. Administrative and National Policy Requirements

    Grantees are subject to the requirements in 45 CFR Part 74 (non-
governmental) 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.

VIII. Other Information

FOR FURTHER INFORMATION CONTACT: Edna James at (202) 205-7750 or e-mail 
at <a href="/cdn-cgi/l/email-protection#5a1f3e343b74103b373f291a3b393c74323229743d352c"><span class="__cf_email__" data-cfemail="3c7958525d12765d51594f7c5d5f5a1254544f125b534a">[email protected]</span></a>, or Shannon R. Gaskins at (202) 205-7891 or 
e-mail at <a href="/cdn-cgi/l/email-protection#9ccff4fdf2f2f3f2b2dbfdeff7f5f2efdcfdfffab2f4f4efb2fbf3ea"><span class="__cf_email__" data-cfemail="396a515857575657177e584a5250574a79585a5f1751514a175e564f">[email protected]</span></a>.

    Dated: March 27, 2009.
Maiso L. Bryant,
Acting Commissioner, Administration on Children, Youth and Families.

Appendices--Required Assurances and Certifications

A. Assurances.
B. Anti-Lobbying and Disclosure.
C. Environmental Tobacco Smoke.
D. Drug-Free Workplace Requirements.

Appendix A

Assurances of Compliance With Grant Requirements

    The undersigned certifies that:
    (1) Grant funds under FVPSA will be distributed to local public 
agencies and non-profit private organizations (including religious 
and charitable organizations and voluntary associations) for 
programs and projects within the State to prevent incidents of 
family violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents in 
order to prevent future violent incidents (42 U.S.C. 
10402(a)(2)(A)).
    (2) 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)).
    (3) Not more than five percent of the funds will be used for 
State administrative costs (42 U.S.C. 10402(a)(2)(B)(i)).
    (4) In distributing the funds, the States will give special 
emphasis to the support of community-based projects of demonstrated 
effectiveness carried out by non-profit, private organizations, 
particularly for those projects where the primary purpose is to 
operate shelters for victims of family violence and their dependents 
and those which provide counseling, advocacy, and self-help services 
to victims and their children (42 U.S.C. 10402(a)(2)(B)(ii)).
    (5) The State grantee is in compliance with the requirements of 
42 U.S.C. 10402(a)(2)(C), as described in this program announcement 
(Program Announcement Number HHS-2009-ACF-ACYF-FVPS-0035) under 
Section IV, Application Requirements, Content of Application 
Submission, paragraphs (2), (3), (4), and (6).
    (6) Grants funded by the States will meet the matching 
requirements in 42 U.S.C. 10402(f); i.e., not less than 20 percent 
of the total funds provided for a project under 42 U.S.C. 110 with 
respect to an existing program, and with respect to an entity 
intending to operate a new program under 42 U.S.C. 110, not less 
than 35 percent. The local share will be cash or in-kind, and the 
local share will not include any Federal funds provided under any 
authority other than this chapter (42 U.S.C. 10402(f)).
    (7) Grant funds made available under this program by the State 
will not be used as direct payment to any victim or dependent of a 
victim of family violence (42 U.S.C. 10402(d)).
    (8) 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)).
    (9) 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)).
    (10) The applicant will comply with FVPSA confidentiality 
requirements and has established policies, procedures and protocols 
that ensure 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)).

[[Page 15279]]

    (11) 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).
    (12) Funds made available under the FVPSA will be used to 
supplement and not supplant other Federal, State and local public 
funds expended to provide services and activities that promote the 
purposes of the FVPSA (42 U.S.C. 10402 (a)(4).

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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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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 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;

[[Page 15280]]

    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 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


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