Federal Register, Volume 74, Number 63, April 3, 2009, Pages 15215-15358 Page: 15,279
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Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices
(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).
Signature
Title
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 foreach 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.
Signature
Title
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
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 criminaldrug convictions. For the Department of
Health and Human Services, the central pointis: 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 themanufacture, distribution, dispensing, use, or
possession of any controlled substance;15279
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 63, April 3, 2009, Pages 15215-15358, periodical, April 3, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132925/m1/71/: accessed April 20, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.