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pdfOffice of Grants Management
Division of Mandatory Grants
330 C Street, SW Mailstop 3127
Washington, DC 20201
GENERAL TERMS AND CONDITIONS
MANDATORY FORMULA, BLOCK and ENTITLEMENT GRANT PROGRAMS
Except as noted otherwise, these Terms and Conditions apply to all mandatory grant programs administered
by the Administration for Children and Families (ACF), see Appendix A. Please also review the separate
program-specific Addendum to these Terms and Conditions applicable to each program.
By acceptance of the individual awards, each grantee agrees to comply with these requirements. Failure to
comply may result in the loss of Federal funds and may be considered grounds for the suspension or
termination of the grant.
ADMINISTRATIVE REQUIREMENTS
1. These programs are governed by the following Federal regulations:
2 CFR Part 376 – Nonprocurement Debarment and Suspension;
2 CFR Part 382 – Requirements for Drug-Free Workplace (Financial Assistance);
45 CFR Part 16 – Procedures of the Departmental Grant Appeals Board;
45 CFR Part 30 – Claims Collection;
45 CFR Part 75 – Uniform Administrative Requirements, Cost Principles and Audit Requirements
for HHS Awards;
45 CFR Part 80 – Nondiscrimination Under Programs Receiving Federal Assistance through the
Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964;
45 CFR Part 81 – Practice and Procedure for Hearings Under Part 80 of this Title;
45 CFR Part 84 – Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving Federal Financial Assistance;
45 CFR Part 86 – Nondiscrimination on the Basis of Sex in Education Programs and Activities
Receiving or Benefiting from Federal Financial Assistance;
45 CFR Part 87 – Equal Treatment for Faith-Based Organizations;
45 CFR Part 91 – Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving
Federal Financial Assistance;
45 CFR Part 93 – New Restrictions on Lobbying;
45 CFR Part 95 – General Administration – Grant Programs;
45 CFR Part 100 – Intergovernmental Review of Department of Health and Human Services
Programs and Activities.
2. In accordance with Public Law 103-333, the “Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act of 1995,” the following provisions are applicable to
the mandatory grant programs:
Section 507: “Purchase of American-Made Equipment and Products - It is the sense of the
Congress that, to the greatest extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.”
Section 508: “When issuing statements, press releases, requests for proposals, bid solicitations
and other documents describing projects or programs funded in whole or in part with Federal
General Terms and Conditions
Mandatory Grant Programs
money, all States receiving Federal funds, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of
the program or project which will be financed with Federal money, (2) the dollar amount of Federal
funds for the project or program, and (3) percentage and dollar amount of the total costs of the
project or program that will be financed by nongovernmental sources.”
3. Drug-Free Workplace Requirements. In accordance with provisions of Title V, Subtitle D of Public Law
100-690 (41 USC 701 et. seq.), the “Drug-Free Workplace Act of 1988,” all grantees must maintain a
drug-free workplace and must publish a statement informing employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and
establishing the actions that will be taken against employees violating these prohibitions. The grantee
must notify ACF if an employee is convicted of violating a criminal drug statute. Failure to comply with
these requirements may be cause for debarment. (See 2 CFR Part 382)
4. Smoking Prohibitions. In accordance with Title XII of Public Law 103-227, the “PRO-KIDS Act of 1994,”
smoking may not be permitted in any portion of any indoor facility owned or regularly used for the
provision of health, day care, education, or library services to children under the age of 18, if the services
are funded by Federal programs wither directly or through State or local governments. Federal programs
include grants, cooperative agreements, loans and loan guarantees, and contracts. The law does not
apply to children’s services provided in private residences, facilities funded solely by Medicare or Medicaid
funds, and portions or facilities and used for inpatient drug and alcohol treatment.
The above language must be included in any subawards that contain provisions for children’s services
and that all sub-grantees shall certify compliance accordingly. Failure to comply with the provisions of this
law may result in the imposition of a civil monetary penalty of up to $1,000 per day.
5. Religious Activity Prohibitions. Direct Federal grants, sub-awards, or contracts under these programs
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 these programs. (See 45 CFR Part 87)
6. Lobbying Prohibitions. Federal grant funds provided under these awards may not be used by the grantee
or any sub-grantee to support lobbying activities to influence proposed or pending Federal or State
legislation or appropriations. This prohibition is related to the use of Federal grant funds and is not
intended to affect an individual’s right or that of any organization, to petition Congress, or any other level
of Government, through the use of other resources. (See 45 CFR Part 93.)
7. Same-Sex Marriage Provisions. In accordance with the decision in United States v. Windsor (133 S. Ct.
2675 (June 26, 2013); Section 3 of the Defense of Marriage Act, codified at 1 USC 7, in any grant-related
activity in which family, marital, or household considerations are, by statute or regulation, relevant for
purposes of determining beneficiary eligibility or participation, grantees must treat same-sex spouses,
marriages, and households on the same terms as opposite sex spouses, marriages, and households,
respectively. By "same-sex spouses," HHS means individuals of the same sex who have entered into
marriages that are valid in the jurisdiction where performed, including any of the 50 states, the District of
Columbia, or a U.S. territory or in a foreign country, regardless of whether or not the couple resides in a
jurisdiction that recognizes same-sex marriage. By "same-sex marriages," HHS means marriages
between two individuals validly entered into in the jurisdiction where performed, including any of the 50
States, the District of Columbia, or a U.S. territory or in a foreign country, regardless of whether or not the
couple resides in a jurisdiction that recognizes same-sex marriage. By "marriage," HHS does not mean
registered domestic partnerships, civil unions or similar formal relationships recognized under the law of
the jurisdiction of celebration as something other than a marriage.
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8. Human Trafficking Provisions. These awards are subject to the requirements of Section 106(g) of the
“Trafficking Victims Protection Act of 2000” (22 USC 7104). The full text of this requirement is found at
http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons .
9. Transparency Act Requirements. Awards under these programs are included under the provisions of P.L.
109-282, the “Federal Funds Accountability and Transparency Act of 2006” (FFATA). Under this statute,
the State is required to report information regarding executive compensation and all subgrants, contracts
and subcontracts in excess of $25,000 through the Federal Subaward Reporting System
(https://www.fsrs.gov/) and in accordance with the terms found in Federal regulations at 2 CFR Part 170,
including Appendix A. (NOTE: This requirement became applicable to all mandatory grant programs July
1, 2011.)
10. Federal Awarding Agency Review of Risk Posed by Applicants
As required by 2 CFR 200 of the Uniform Guidance, effective January 1, 2016, ACF is required to review
and consider any information about the applicant that is in the Federal Awardee Performance and Integrity
Information System (FAPIIS), https://www.fapiis.gov, before making any award in excess of the simplified
acquisition threshold (currently $150,000) over the period of performance. An applicant may review and
comment on any information about itself that a federal awarding agency has previously entered into
FAPIIS. ACF will consider any comments by the applicant, in addition to other information in FAPIIS, in
making a judgment about the applicant's integrity, business ethics, and record of performance under
federal awards when completing the review of risk posed by applicants as described in 2 CFR § 200.205
Federal Awarding Agency Review of Risk Posed by Applicants (http://www.ecfr.gov/cgi-bin/textidx?node=se2.1.200_1205&rgn=div8).
11. Construction Prohibitions. Unless superseded by program-specific regulations, these awards may not be
used for construction or the purchase of land.
SUB-RECIPIENTS UNDER GRANTS
12. Grantees are required to determine recipient type when sub-granting or contracting using Federal funds.
In accordance with the standards set in 45 CFR 75.351, the determination is based on the substance of
the relationship with the grantee, rather than the form of the agreement.
The presence of one or more of the following conditions would indicate that the sub-recipient should
be considered a subgrantee and is subject to the provisions of 45 CFR Part 75 Subpart F:
a. Determines who is eligible to receive what Federal financial assistance;
b. Has its performance measured against whether the objectives of the Federal program are met;
c. Has responsibility for programmatic decision making;
d. Has responsibility for adherence to applicable Federal program compliance requirements;
e. Uses the Federal funds to carry out a program of the organization as compared to providing
goods or services for a program of the pass-through entity;
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The presence of one or more of the following conditions would indicate that the sub-recipient should
be considered a vendor or contractor and is not subject to the provisions of 45 CFR Part 75 Subpart
F:
a. Provides the goods and services within normal business operations;
b. Provides similar goods or services to many different purchasers;
c. Operates in a competitive environment;
d. Provides goods or services that are ancillary to the operation of the Federal program;
e. Is not subject to compliance requirements of the Federal program.
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13. No organization may participate in these programs in any capacity or be a recipient of Federal funds
designated for these programs if the organization has been debarred or suspended or otherwise found to
be ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment
and Suspension.” (See 45 CFR 75.212.) Grantees must include a similar term and/or condition for all subawards or contracts awarded under these programs. Prior to issuing subawards or contracts under this
grant, the grantee must consult the ineligible parties list to ensure that organizations under funding
consideration are not ineligible. The list is available on the System for Award Management website:
https://www.sam.gov.
14. Each grantee is responsible for monitoring grant, sub-recipient and contract supported activities to assure
compliance with Federal requirements and that performance goals are being achieved. Grantee
monitoring must cover each program, function and activity. (See 45 CFR 75.342.)
15. Each grantee is required to advise sub-recipients of requirements imposed on them by Federal laws,
regulations, and the provisions of grant agreements or contracts as well as any supplemental
requirements imposed by the grantee. These include grant administrative and audit requirements (where
applicable) under 45 CFR Part 75
Cost principles for non-profit organization and educational institution sub recipients are found
at 45 CFR Part 75 Subpart E.
Cost principles for commercial vendor or subcontractor sub recipients are found at 48 CFR
Part 31.
16. Grantees must ensure that any non-Federal sub-recipient that expends Federal funds totaling $750,000 or
more during the course of its fiscal year must arrange for a financial audit in compliance with the
requirements of 45 CFR Part 75 Subpart F.
NON-FEDERAL SHARE OF PROGRAM FUNDING
5B
17. For some mandatory grant programs, the grantee is required to provide a portion of program funding, as
specified in Federal law.
In most instances, all of the non-Federal share of funding for these programs will be appropriated
specifically for that purpose by a State legislature or provided through other grantee funding sources;
Third party in-kind contributions may not be used as the non-Federal share of any program
expenditure, unless specifically allowed for that purpose in the Federal statute applicable to that
program
Donated funds may be used as the non-Federal share under the following conditions:
a. The donor may specify the activities to be supported by the donation, but may not be a sponsor
or operator of the specified activity. Any specified activity must be an allowable expense under
all applicable laws, regulations and policies governing these programs;
b. The donor may specify the geographic area in which the specified activity is to be provided;
FINANCIAL REPORTING
17. Periodic Reports. Grantees are required to file periodic financial reports either quarterly, semiannually or
annually for each program, in accordance with specific program requirements.
18. Required On-Line Reporting. All periodic financial reports for all mandatory grant programs must be
submitted electronically through the ACF On Line Data Collection (OLDC) system. Grantees must not
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submit duplicate copies either by mail, by fax or as an email attachment of any reports submitted through
OLDC. (NOTE: See ACF Office of Grants Management Action Transmittal, OGM-AT-13-01, issued
September 25, 2013.) Beginning FY 2016, the ACF requires submitting financial reports SF-425 only,
through PMS in a consolidated single reporting system. Both, the cash transaction (Lines 10 a, b and c)
and the expenditures, obligations and liquidations (Lines 10 d through 10 o).
19. Obligation Deadline. Unless superseded by program-specific statute or regulations or by other ACF
program-specific policies, it is Office of Grants Management policy that the deadline for obligating Federal
funds for mandatory grant programs is last day of the fiscal year following the fiscal year for which the
award is issued. Example: Funds for an award issued for Fiscal Year 1 must be obligated no later than
the final day (September 30) of Fiscal Year 2.
20. Liquidation Deadline. Unless superseded by program-specific statute or regulations or by ACF policy, in
accordance with 45 CFR 75.309(b), the deadline for liquidating Federal funds is 90 days after the end of
the funding (project) period. For awards issued on an annual fiscal year basis, this deadline will be
December 30 – 90 days following the end of the fiscal year on September 30.
21. Report Submission Deadline. Unless superseded by program-specific statute or regulations or by ACF
policy, in accordance with 45 CFR 75.341, the deadline for submitting the required Federal reporting form
varies based on the frequency of the award. For programs with awards issued on a quarterly basis, the
deadline is 30 days after the end of each quarter (i.e., by January 30, April 30, July 30 and October 30).
For programs with awards issued on an annual fiscal year basis, the deadline is 90 days after the end of
each fiscal year (i.e., by December 30). (See “Required On-Line Reporting” above.)
GRANT PAYMENTS
22. Payments under these grants will be made through the Department of Health and Human Services’
Payment Management System (PMS). The State must comply with requirements imposed by the PMS
on-line system. Please direct any questions concerning grant payments to the payment office. (See
“Important Addresses,” below).
IMPORTANT ADDRESSES
Financial Office:
Administration for Children and Families
Office of Grants Management
Division of Mandatory Grants
330 C Street, SW Mailstop 3127
Washington, DC 20201
Fax: (202) 401-5644
Payment Office:
U.S. Department of Health and Human Services
Payment Management Services
Payment Management System (PMS)
P.O. Box 6021
Rockville, Maryland 20852
Contact:
PMS Help Desk
Phone: (877) 614-5533
Internet site: http://www.dpm.psc.gov
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IMPORTANT NOTE: The Office of the Inspector General of the U.S. Department of Health and Human
Services maintains the OIG Hotline, a system for reporting allegations of fraud, waste, abuse and
mismanagement In Department of Health and Human Services’ programs. Your information will be reviewed
by a professional staff member and will remain confidential; you need not provide your name. Information
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provided through the Internet web site is secure and all information is safeguarded against unauthorized
disclosure. Report the possible misuse of federal funds by phone or online. Please provide as much detailed
information as possible in your report.
OIG Hotline
Appendix A
Phone:
Online:
1-800-HHS-TIPS
oig.hhs.gov/report-fraud
Mandatory Grant Programs – Administration for Children and Families
Administration of Children, Youth and Families
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Abstinence Education
Adoption Assistance
Adoption Incentive Payments
Chafee Education and State Vouchers
Chafee Foster Care Independence
Child Abuse and Neglect
Children's Justice Act
Community-Based Family Resource and Support
Family Violence Prevention and Services
Foster Care
Guardianship Assistance
Personal Responsibility Education
Promoting Safe and Stable Families
PSSF Caseworker Visitation
State Court Improvement – Basic
State Court Improvement - Data
State Court Improvement – Training
Statewide Domestic Violence Coalition
Stephanie Tubbs Jones Child Welfare Social Services
(Title V of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-B of the Social Security Act)
(CAPTA - Child Abuse Prevention and Treatment Act)
(CAPTA - Child Abuse Prevention and Treatment Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title V of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(FVPSA - Family Violence Prevention and Services Act)
(Title IV-B of the Social Security Act)
Office of Child Care
20. Child Care Development Fund – Mandatory and Matching
21. Child Care Development Fund – Discretionary
22. Tribal Construction
Office of Community Service
23.
24.
25.
26.
27.
Community Service Block Grant
Low Income Home Energy Assistance
Low Income Home Energy Assistance - Leveraging
Low Income Home Energy Assistance – Residential Energy Assist Challenge
Social Services Block Grant
Office of Child Support Enforcement
28. Child Support Enforcement – States
29. Child Support Enforcement – Tribes
30. State Access and Visitation
(Title IV-D of the Social Security Act)
(Title IV-D of the Social Security Act)
(Title IV-D of the Social Security Act)
Office of Family Assistance
31. Native Employment Works
32. Temporary Assistance for Needy Families - States
33. Temporary Assistance for Needy Families - Territories
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(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
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General Terms and Conditions
34. Temporary Assistance for Needy Families – Tribes
35. Temporary Assistance for Needy Families - Contingency
Mandatory Grant Programs
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
Office of Refugee Resettlement
36.
37.
38.
39.
40.
Cash and Medical Assistance
Social Services
Cuban / Haitian Entrants
Services to Elderly Refugees
Targeted Assistance
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