Administrative and National Policy Requirements
Awards issued through Funding Opportunity Announcements are subject to 45 CFR Part 75 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.
An application funded with the release of federal funds through a grant award does not constitute, or imply, compliance with federal regulations. Funded organizations are responsible for ensuring that their activities comply with all applicable federal regulations.
Award Term and Condition under Title VI of the Civil Rights Act of 1964
Recipients of federal financial assistance (FFA) from HHS must administer their programs in compliance with federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age and, in some circumstances, religion, conscience, and sex. This includes ensuring programs are accessible to persons with limited English proficiency. The HHS Office for Civil Rights provides guidance on complying with civil rights laws enforced by HHS. Please see Civil Rights for Providers of Health Care and Human Services and Civil Rights for Individuals and Advocates for more information.
- Recipients of FFA must ensure that their programs are accessible to persons with limited English proficiency. HHS provides guidance to recipients of FFA on meeting their legal obligation to take reasonable steps to provide meaningful access to their programs by persons with limited English proficiency. Please review the Fact Sheet on Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient (LEP) Persons and the Limited English Proficiency (LEP), a Federal Interagency website for more information. For further guidance on providing culturally and linguistically appropriate services, recipients should review the National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care.
- Recipients of FFA also have specific legal obligations for serving qualified individuals with disabilities. Learn more about the legal obligations.
- HHS funded health and education programs must be administered in an environment free of sexual harassment. Learn more about the legal obligations. Please also review the Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties and U.S. Equal Employment Opportunity Commission Fact Sheet on Sexual Harassment.
- Recipients of FFA must also administer their programs in compliance with applicable federal religious nondiscrimination laws and applicable federal conscience protection and associated anti-discrimination laws. Collectively, these laws prohibit exclusion, adverse treatment, coercion, or other discrimination against persons or entities on the basis of their consciences, religious beliefs, or moral convictions. Please review Conscience Protections for Health Care Providers and Religious Freedom for more information.
- Religious Freedom Restoration Act (RFRA) (42 U.S.C. 2000bb et seq.). If you are a faith-based organization and feel that your exercise of religion would be substantially burdened by compliance with any of the terms and conditions of this grant award, you may contact the HHS Office for Civil Rights.
Please contact the HHS Office for Civil Rights for more information about obligations and prohibitions under federal civil rights laws or call 1-800-368-1019 or TDD 1-800-537-7697.Next: Prohibition Against Profit >
Prohibition Against Profit
Grantees are subject to the limitations set forth in 45 CFR § 75.216, Special provisions for awards to commercial organizations as recipients (45 CFR § 75.216(b)_Prohibition against profit), which states that, "...no HHS funds may be paid as profit to any recipient even if the recipient is a commercial organization. Profit is any amount in excess of allowable direct and indirect costs."Next: Award Term and Condition under the Trafficking Victims Protection Act of 2000 >
Award Term and Condition under the Trafficking Victims Protection Act of 2000
Awards issued under this announcement are subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104). View the full text of the award term.Next: Equal Treatment for Faith-Based Organizations >
Equal Treatment for Faith-Based Organizations
Grantees are also subject to the requirements of 45 CFR §87, Equal Treatment for Faith-Based Organizations. Among those regulatory provisions, §87.3(a), states, "Faith-based or religious organizations are eligible, on the same basis as any other organization, to participate in any HHS awarding agency program for which they are otherwise eligible. Neither the HHS awarding agency, nor any State or local government and other pass-through entity receiving funds under any HHS awarding agency program shall, in the selection of service providers, discriminate for or against an organization on the basis of the organization’s religious character or affiliation. As used in this section, ‘‘program’’ refers to activities supported by discretionary, formula or block grants."
Furthermore, §87.3(b), states, "Organizations that apply for or receive direct financial assistance from an HHS awarding agency may not support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), as part of the programs or services funded with direct financial assistance from the HHS awarding agency, or in any other manner prohibited by law. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded with direct financial assistance from the HHS awarding agency, and participation must be voluntary for beneficiaries of the programs or services funded with such assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HHS’s authority under applicable Federal law to fund activities, such as the provision of chaplaincy services, that can be directly funded by the Government consistent with the Establishment Clause."
Furthermore, §87.3(c), states, "A faith-based or religious organization that participates in HHS awarding agency-funded programs or services will retain 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, provided that it does not use direct financial assistance from an HHS awarding agency (including through a prime or sub-award) to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization). A faith-based or religious organization may use space in its facilities to provide programs or services funded with financial assistance from the HHS awarding agency without removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based or religious organization that receives financial assistance from the HHS awarding agency 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 all program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities."
Furthermore, §87.3(i)(1) states, "Faith-based or religious organizations providing social services in the United States to beneficiaries under an HHS program that is supported by direct Federal financial assistance must give written notice to beneficiaries or prospective beneficiaries of certain protections. This written notice must be given to beneficiaries prior to the time they enroll in the program or receive services from such programs. Notice must be given in a manner prescribed by the HHS awarding agency. This notice must state that:
(i) The organization may not discriminate against beneficiaries or prospective beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
(ii) The organization may not require beneficiaries to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by beneficiaries in such activities must be purely voluntary;
(iii) The organization must separate in time or location any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; (iv) If a beneficiary or prospective beneficiary objects to the religious character of the organization, the organization will undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection; however, the organization cannot guarantee that in every instance an alternative provider will be available; and
(v) Beneficiaries or prospective beneficiaries may report violations of these protections, including any denials of services or benefits that violate these regulations, by contacting or filing a written complaint with the HHS awarding entity.
(2) When the nature of the service provided or exigent circumstances make it impracticable to provide such written notice in advance of the actual service, service providers must advise beneficiaries of their protections at the earliest available opportunity."
Furthermore, §87.3 (j) states, "If a beneficiary or prospective beneficiary of a social service program supported by the HHS awarding agency objects to the religious character of an organization that provides services in the United States under the program, that organization must promptly undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection. A referral may be made to another faith-based or religious organization, if the beneficiary has no objection to that provider. But if the beneficiary requests a secular provider, and a secular provider is available, then a referral must be made to that provider. Except for services provided by telephone, internet, or similar means, the referral must be to an alternative provider that is in reasonable geographic proximity to the organization making the referral and that offers services that are similar in substance and quality to those offered by the organization. The alternative provider also must have the capacity to accept additional beneficiaries."
Furthermore, §87.3(k) states, "When the organization determines that it is unable to identify an alternative provider, the organization must promptly notify the prime recipient entity from which it has received funds. The prime recipient of Federal financial assistance must notify the HHS awarding agency when a sub-recipient is unable to identify an alternative provider. If the organization is successful in making a referral, it shall maintain a record of the referral."
The full set of these regulations entitled "Equal Treatment for Faith-Based Organizations," which includes the provisions identified above, can be found at: Understanding the Regulations Related to the Faith-Based and Neighborhood Partnerships Initiative.
Additional information, resources, and tools for faith-based organizations can be found at:Next: Pro-Children Act >
The Pro-Children Act of 2001, 20 U.S.C. §§ 7181 through 7184, imposes restrictions on smoking in facilities where federally funded children's services are provided. HHS grants are subject to these requirements only if they meet the Act's specified coverage. The Act specifies that smoking is prohibited in any indoor facility (owned, leased, or contracted for) used for the routine or regular provision of kindergarten, elementary, or secondary education or library services to children under the age of 18. In addition, smoking is prohibited in any indoor facility or portion of a facility (owned, leased, or contracted for) used for the routine or regular provision of federally funded health care, day care, or early childhood development, including Head Start services to children under the age of 18. The statutory prohibition also applies if such facilities are constructed, operated, or maintained with federal funds. The statute does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, portions of facilities used for inpatient drug or alcohol treatment, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in a civil monetary penalty of up to $1,000 per violation and/or the imposition of an administrative compliance order on the responsible entity.Next: Requirements for Drug-Free Workplace >
Requirements for Drug-Free Workplace
The Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106) requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. By signing the application, the Authorizing Official agrees that the grantee will provide a drug-free workplace and will comply with the requirement to notify ACF if an employee is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. Government-wide requirements for Drug-Free Workplace for Financial Assistance are found in 2 CFR Part 182; HHS implementing regulations are set forth in 2 CFR § 382.400. All recipients of ACF grant funds must comply with the requirements in Subpart B - Requirements for Recipients Other Than Individuals, 2 CFR § 382.225. View the rule.Next: Debarment and Suspension >
Debarment and Suspension
HHS regulations published in 2 CFR Part 376 implement the government-wide debarment and suspension system guidance (2 CFR Part 180) for HHS' non-procurement programs and activities. "Non-procurement transactions" include, among other things, grants, cooperative agreements, scholarships, fellowships, and loans. ACF implements the HHS Debarment and Suspension regulations as a term and condition of award. Grantees may decide the method and frequency by which this determination is made and may check the Excluded Parties List System (EPLS) located at https://www.sam.gov, although checking the EPLS is not required.Next: Stevens Amendment >
Beginning in 1989, the United States Department of Health and Human Services' (HHS) annual appropriations included a provision known as the “Stevens Amendment” to ensure transparency and accountability in federal spending. The Stevens Amendment requires all HHS grant and cooperative agreement recipients to acknowledge federal funding when publicly communicating projects or programs funded through the HHS annual appropriation.
When issuing statements, press releases, publications, requests for proposal, bid solicitations and other documents --such as tool-kits, resource guides, websites, and presentations (hereafter “statements”) -- describing the projects or programs funded in whole or in part with HHS federal funds, the recipient must clearly state:
- the percentage and dollar amount of the total costs of the program or project funded with federal money; and,
- the percentage and dollar amount of the total costs of the project or program funded by non-governmental sources.
When issuing statements resulting from activities supported by HHS financial assistance, the recipient entity must include an acknowledgement of federal assistance using one of the following or a similar statement.
If the HHS Grant or Cooperative Agreement is NOT funded with other non-governmental sources:
"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with 100 percent funded by ACF/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements."
The HHS Grant or Cooperative Agreement IS partially funded with other nongovernmental sources:
"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with XX percentage funded by ACF/HHS and $XX amount and XX percentage funded by non-government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements."
The federal award total must reflect total costs (direct and indirect) for all authorized funds (including supplements and carryover) for the total competitive segment up to the time of the public statement. Any amendments by the recipient to the acknowledgement statement must be coordinated with the HHS Awarding Agency. If the recipient plans to issue a press release concerning the outcome of activities supported by HHS financial assistance, it should notify the HHS Awarding Agency in advance to allow for coordination. For examples of applicability for the Stevens Amendment, please review Examples of Stevens Amendment Documents or Other Publications.Next: Freedom of Information Act (FOIA) >
Freedom of Information Act (FOIA)
Applications funded by federal grant programs are subject to disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Such applications are frequently requested under the FOIA, consistent with the FOIA’s requirement to proactively disclose frequently requested materials at 5 U.S.C. § 552(a)(2)(D). Each released application will receive appropriate redaction of specific information to protect personal privacy and competitively sensitive commercial information. Learn more about filing a FOIA request.Next: Award Term and Condition for Unpaid Federal Tax Liability >
Award Term and Condition for Unpaid Federal Tax Liability
Grantees are subject to the requirement contained in Section 745 of the “Consolidated Appropriations Act, 2016,” (Title VII, General Provisions – Government-Wide), which says “None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government."Next: Requirements for Grantee Electronic and Information Technology >
Requirements for Grantee Electronic and Information Technology
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794(a)), states that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. To assist grantees in these compliance obligations, HHS suggests implementing the Section 508 standards when the grantee anticipates public use of its electronic and information technology. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d(a)(1)(A)) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, individuals with disabilities have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.Next: Award Term for System Award Management and Unique Entity Identifier >
Award Term for System Award Management and Unique Entity Identifier
This award is subject to requirements as set forth in System Award Management (formerly Central Contractor Registration) and Unique Entity Identifier (formerly DUNS) Requirements. (2 CFR § 25.110).
Appendix A to Part 25
- System for Award Management (SAM) and Unique Entity Identifier Requirements
a. Requirement for SAM
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.
b. Requirement for Unique Entity Identifier Number
If you are authorized to make subawards under this award, you:
- Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its Unique Entity Identifier number to you.
- May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier number to you.
For purposes of this award term:
- System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM website.
- Unique Entity Identifier (formerly DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A Unique Entity Identifier number may be obtained from the D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).
- Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C.
- A Governmental organization, which is a State, local government, or Indian Tribe;
- A foreign public entity;
- A domestic or foreign nonprofit organization;
- A domestic or foreign for-profit organization; and
- A Federal agency, but only as subrecipient under an award or subaward to a non-Federal entity.
- This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.
- The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachments to OMB Circular A-133, “Audits of States, Local Governments, and Non-profit Organizations”).
- A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
5. Subrecipient means an entity that:
- Receives a subaward from you and under this award; and
- Is accountable to you for the use of the Federal funds provided by the subaward.
Federal Financial Accountability and Transparency Act (FFATA) Subaward and Executive Compensation Reporting Requirement
For more information, please review the Award Term for FFATA.Next: Award Term and Condition for Recipient Integrity and Performance Matters (Commonly referred to as FAPIIS) >
Award Term and Condition for Recipient Integrity and Performance Matters (Commonly referred to as FAPIIS)
For more information on FAPIIS, please review Award Term and Condition for Recipient Integrity and Peformance Matters.