[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Pages 4054-4064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2013]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Program Announcement No. OCS 97-05]
Family Violence Prevention and Services Program
AGENCY: Office of Community Services, Administration for Children and
Family (ACF), Department of Health and Human Services (HHS).
ACTION: Notice of the availability of funds to State domestic violence
coalitions for grants to carry out family violence intervention and
prevention activities.
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SUMMARY: This announcement governs the proposed award of fiscal year
(FY) 1997 formula grants under the Family Violence Prevention and
Services Act (FVPSA) to private non-profit State domestic violence
coalitions. The purpose of these grants is to assist in the conduct of
activities to promote domestic violence intervention and prevention and
to increase public awareness of domestic violence issues.
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in fiscal years (FY) 1997 through FY 2000.
CLOSING DATES FOR APPLICATIONS: Applications for FY 1997 family
violence grant awards meeting the criteria specified in this
announcement must be received no later than March 31, 1997. Grant
applications for FY 1998 through FY 2000 should be received at the
address specified below by November 15 of each subsequent fiscal year.
ADDRESSES: Applications should be sent to: Department of Health and
Human Services, Office of Community Services, Administration for
Children and Families, ATTN: William D. Riley. Fifth Floor--West Wing,
370 L'Enfant Promenade SW., Washington, DC 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley, (202) 401-5529 or
Trudy Hairston (202) 401-5319.
Introduction
This notice for family violence prevention and services grants to
State domestic violence coalitions serves two purposes. The first is to
confirm a Federal commitment to reducing family and intimate violence
and to urge States, localities, cities, and the private sector to
become involved in State and local planning efforts leading to the
development of a more comprehensive and integrated service delivery
approach to services for victims of domestic violence (Part I).
The second purpose is to provide information on application
requirements for FY 1997 grants to State domestic violence coalitions.
These funds will support planning and coordination efforts,
intervention and prevention activities, and efforts to increase the
public awareness of domestic violence issues and services for battered
women and their children (Part II).
Part I. Reducing Family and Intimate Violence Through Coordinated
Prevention and Services Strategies
A. The Importance of Coordination of Services
Family and intimate violence has serious and far reaching
consequences for individuals, families and communities. A recent report
from the National Research Council, Understanding Violence Against
Women (1996) concludes that, Women are far more likely than men to be
victimized by an intimate partner (Kilpatrick, et. al.,1992; Bachman,
1994; Bachman and Saltzman, 1995) * * * It is important to note that
attacks by intimates are more dangerous to women than attacks by
strangers: 52 percent of the women victimized by an intimate sustain
injuries, compared with 20 percent of those victimized by a stranger
(Bachman and Saltzman, 1995). Women are also significantly more likely
to be killed by an intimate than are men. In 1993, 29 percent of female
homicide victims were killed by their husbands, ex-husbands, or
boyfriends; [while] only 3 percent of male homicide victims were killed
by their wives, ex-wives, or girlfriends (Federal Bureau of
Investigation, 1993).
The impacts of such family and intimate violence include physical
injury and death of primary or secondary victims, psychological
[[Page 4055]]
trauma, isolation from family and friends, harm to children witnessing
or experiencing violence in homes in which the violence occurs,
increased fear, reduced mobility and employability, homelessness,
substance abuse, and a host of other health and related mental health
consequences.
It is estimated that between 12 percent and 35 percent of women
visiting emergency rooms with injuries are there because of battering
(Randall, 1990; Abbot, et. al.,1995). Estimates of the number of women
who are homeless because of battering range from 27 percent (Knickman
and Weitzman, 1989) to 41 percent (Bassuk and Rosenberg, 1988) to 63
percent of all homeless women (D'ercole and Struening, 1990).
The significant correlation between domestic violence and child
abuse (Edelson, 1995; Stark and Flitcraft, 1988; Strauss and Gelles,
1990), and the use of welfare by battered women as an economic escape
route (Raphael, 1995) also suggest the need to coordinate domestic
violence intervention activities with those addressing child abuse and
welfare reform activities at the Federal, State and local levels.
When programs that seek to address these issues operate
independently of each other, a fragmented, and consequently less
effective, service delivery and prevention system may be the result.
Coordination and collaboration among the police, prosecutors, the
courts, victim services providers, child welfare and family
preservation services, and medical and mental health service providers
is needed to provide more responsive and effective services to victims
of domestic violence and their families. It is essential that all
interested parties are involved in the design and improvement of
intervention and prevention activities.
To help bring about a more effective response to the problem of
intimate violence, the Department of Health and Human Services (HHS)
urges State domestic violence coalitions receiving funds under this
grant announcement to coordinate activities funded under this grant
with other new and existing resources for family and intimate violence
and related issues.
B. On-Going Coordination Efforts
1. The Role and Activities of State Domestic Violence Coalitions
State domestic violence coalitions have an important role in
ensuring that these and other Federal and State initiatives are
informed by and coordinated with related intervention and prevention
efforts. It remains important that State coalition efforts to improve
the judicial, social services, and health systems response to domestic
violence continue to expand.
In 1996, the National Center for Injury Prevention and Control of
the Centers for Disease Control and Prevention (CDC) initiated a
project to compile an inventory of funding sources for domestic
violence and sexual assault coalitions and community-based programs.
This included a survey of coalitions and programs to identify the types
of funding received and the activities this funding supported. The
survey used the following categories to capture the range of activities
of many State domestic violence coalitions:
Services Advocacy includes work to support the growth and
development of community-based domestic violence programs, including
the provision of training and technical assistance to those providing
direct services (e.g., providing training and technical assistance to
hotline /shelter workers and legal advocates, developing program
standards for domestic violence programs).
Systems Advocacy is work to effect policy and procedural change in
order to improve the institutional response to domestic violence (e.g.,
developing protocols for medical or mental health providers, training
for those who work in the criminal and civil justice, welfare, child
protective services, legal services, and educational systems. The
development of coordinated community interventions, public policy
advocacy directed at changing State/local laws, policies, practices
related to domestic violence, and the development and implementation of
statewide standards for batterers intervention programs).
Statewide Planning includes needs assessment and planning
activities designed to document gaps in current response and prevention
efforts and to guide future activities.
Public Awareness/Community Education includes work designed to
inform and mobilize the general public around domestic violence issues
(e.g., education programs in elementary, middle and high schools and
expanded outreach to underserved populations).
Administration includes activities directed at supporting
organizational functioning, such as fiscal and programmatic record
keeping and reporting, state-wide management of programs, and
fundraising.
Direct Services are those provided directly to victims of domestic
violence or to their families, friends, or supporters by a State
coalition (e.g., State-wide hotline, information and referral, legal
advocacy services, etc.).
The above categories are included as an overview of the role that
State coalitions play in domestic violence intervention and prevention
and the types of activities that funding under the Family Violence
Prevention and Services Act is meant to support.
2. Federal Coordination
In the fall of 1993, a Federal Interdepartmental Work Group
(including the Departments of Health and Human Services, Justice,
Education, Housing and Urban Development, Labor, and Agriculture) began
working together to study cross-cutting issues related to violence, and
to make recommendations for action in areas such as youth development,
schools, juvenile justice, family violence, sexual assault, firearms,
and the media. The recommendations formed a framework for ongoing
policy development and coordination within and among the agencies
involved.
Based on these initial coordination efforts, a new
interdepartmental strategy was developed for implementing the programs
and activities enacted in the Violent Crime Control and Law Enforcement
Act of 1994, Public Law 103-322, (the Crime Bill). A Steering Committee
on Violence Against Women is currently coordinating activities among
family violence-related programs and across agencies and departments.
Also, in 1995 the Departments of Justice and Health and Human Services
announced the formation of a National Advisory Council on Violence
Against Women to help coordinate efforts, assist victims, and advise
the Federal Government on implementation of the Violence Against Women
Act (VAWA).
3. Opportunities for Coordination at the State and Local Level
The major domestic violence intervention and prevention activities
funded by the Federal government focus on law enforcement and justice
system strategies; victim protection and assistance services; and
prevention activities, such as public awareness and education. Federal
programs also serve related needs, such as housing, family preservation
and child welfare services, substance abuse treatment, and job
training.
We want to call to your attention two major programs, recently
enacted by Congress, that provide new funds to expand services and
which require the involvement of State agencies, Indian tribes, State
domestic violence coalitions, and others interested in prevention and
services for victims of
[[Page 4056]]
domestic violence. These programs are: Law Enforcement and Prosecution
Grants to Reduce Violent Crimes Against Women, administered by the
Department of Justice, and the Family Preservation and Support Services
program, administered by DHHS. Both programs (described in detail
below) require State agencies and Indian tribes administering them to
conduct an inclusive, broad-based, comprehensive planning process at
the State and community level.
Also outlined below are the implications of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Public
Law 104-93 (the Welfare Reform law), to those organizations providing
domestic violence intervention and prevention services.
We urge State domestic violence coalitions to participate in these
service planning and decision-making processes; we believe the
expertise and perspective of the family violence prevention and
services field will be invaluable as decisions are made on how best to
use these funds and design service delivery improvements.
(a) Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women. Enacted as part of the Violent Crime Control and Law
Enforcement Act of 1994, the Violence Against Women Act provides an
opportunity to respond to violence against women in a comprehensive
manner. It emphasizes the development of Federal, State and local
partnerships to assure that offenders are prosecuted to the fullest
extent of the law, that crime victims receive the services they need
and the dignity they deserve, and that all parts of the criminal
justice system have training and funds to respond effectively to both
offenders and crime victims.
One program under the VAWA is administered by the Office of Justice
Programs (OJP) in the Department of Justice (DOJ). Known informally as
the Stop Violence Against Women Formula Grants (Services, Training,
Officers, Prosecution), it made available $26 million to States in FY
1995, $130 million to States in FY 1996, and will make $145 million
available to States in FY 1997.
States must allocate at least 25 percent of these funds to law
enforcement activities, at least 25 percent to prosecution activities,
and at least 25 percent to non-profit nongovernmental victims services,
including services to underserved populations. These grant funds are to
develop, strengthen, and implement effective law enforcement,
prosecution, and victim assistance strategies. Eligibility for this
program is limited to the States, Territories and the District of
Columbia.
The Violence Against Women Act stipulates that four percent of the
funds appropriated each year for the STOP program will be awarded to
Indian Tribal governments. The OJP grant regulations and program
guidelines will address the requirements of both the State formula
grant and the Indian grant programs.
In order to be eligible for DOJ funds, States must develop a plan
for implementation. As a part of the planning process, the Violence
Against Women Act requires that States must consult with nonprofit,
nongovernmental victims' services programs including sexual assault and
domestic violence victim services programs. Such a coordinated approach
will require a partnership and collaboration among the police,
prosecutors, the courts, shelter and victims service providers, and
medical and mental health professionals. OJP expects that States will
draw on the experience of existing domestic violence task forces and
coordinating councils such as the State domestic violence coalitions,
as well as representatives from key components of the criminal justice
system and other professionals who interact with women who are victims
of violence.
(b) Family Preservation and Family Support Services Program. In
August 1993, Congress created a new program entitled Family
Preservation and Support Services (a new part of Title IV-B of the
Social Security Act). Funds under this program are awarded to State
child welfare agencies to provide needed services to families in crisis
and to help bring about better coordination among child and family
services programs at the state and local level. Many jurisdictions are
including domestic violence programs and advocacy organizations in
their on-going planning and services system to better address the needs
of victims of family violence and their dependents.
Family preservation services include intensive services assisting
families at-risk or in crisis, particularly in cases where children are
at risk of being placed out of the home. Victims of family violence and
their dependents are considered at-risk or in crisis.
Family support services include community-based preventive
activities designed to strengthen parents' ability to create safe,
stable, and nurturing home environments that promote healthy child
development. These services also include assistance to parents
themselves through home visiting and activities such as drop-in center
programs and parent support groups.
4. The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Welfare Reform)
On August 22, 1996 Public Law 104-193 was enacted which abolished
the Aid to Families with Dependent Children (AFDC) program and made
sweeping changes to other related programs. A new welfare program was
enacted, the Temporary Assistance to Needy Families (TANF) program.
States now have the authority and responsibility to determine which
families will receive assistance and the type and amount of assistance
that will be provided.
Under the new welfare reform law, each State must submit a State
plan to the Department of Health and Human Services in order to receive
the TANF block grant funds. The plan must certify that local government
and private sector organizations have been consulted about the plan and
have had at least 45 days in which to comment. There are two areas of
the Act which specifically refer to domestic violence: (1) States are
allowed to exempt 20 percent of their caseload from the 60-month limit
on receiving welfare benefits for ``reason of hardship or if the family
includes an individual who has been battered or subjected to extreme
cruelty'' (Section 408(a)(7)(C)(i)); and (2) the Family Violence
Amendment, (also known as the Wellstone/Murray Family Violence
Provision), gives States the option to include a certification about
victims of domestic violence in their State plans which allows States
to waive certain requirements for certain domestic violence victims
(Section 402(a)(7)).
Part II. State Coalition Grant Requirements
This section includes application requirements for family violence
prevention and services grants for State domestic violence coalitions
and is organized as follows:
Application Requirements
A. Legislative Authority
B. Background
C. Eligibility
D. Funds Available
E. Expenditure Period
F. Reporting Requirements
G. Application Requirements
H. Paperwork Reduction Act
I. Executive Order 12372
J. Certifications
[[Page 4057]]
A. Legislative Authority
Title III of the Child Abuse Amendments of 1984 (Pub. Law 98-457,
42 U.S.C. 10401 et seq.) is entitled the Family Violence Prevention and
Services Act (the Act). The Act was first implemented in FY 1986, was
reauthorized and amended in 1992 by Public Law 102-295, and was
reauthorized and amended for fiscal Years 1995 through 2000 by Public
Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994
(the Crime Bill), and signed into law on September 13, 1994.
The reauthorization of the Child Abuse Prevention and Treatment Act
(CAPTA) on October 3, 1996, contained a technical amendment affecting
the funding level for the State domestic violence coalitions. Under the
new Section 310(d) of the FVPSA, of the amounts appropriated under
Section 310(a) of the FVPSA, not less than 10 percent shall be used for
grants to State domestic violence coalitions.
B. Background
Section 311 of the Act authorizes the Secretary to award grants to
statewide private non-profit State domestic violence coalitions to
conduct activities to promote domestic violence intervention and
prevention and to increase public awareness of domestic violence
issues.
During FYs 1994, 1995 and 1996 the Department made grant awards to
50 State domestic violence coalitions, the District of Columbia, and
the U.S. Virgin Islands. In FY 1997, grant awards will be again
available to one statewide domestic violence coalition in each State,
the U.S. Territories, the District of Columbia, and the Commonwealth of
Puerto Rico.
C. Eligibility
To be eligible for grants under this program announcement an
organization shall be a statewide private non-profit domestic violence
coalition meeting the following criteria:
(1) The membership of the coalition includes representatives from a
majority of the programs for victims of domestic violence operating
within the State (a State domestic violence coalition may include
representatives of Indian Tribes and Tribal organizations as defined in
the Indian Self-Determination and Education Assistance Act);
(2) The Board membership of the coalition is representative of such
programs;
(3) The purpose of the coalition is to provide services, community
education, and technical assistance to domestic violence programs in
order to establish and maintain shelter and related services for
victims of domestic violence and their children; and
(4) In the application submitted by the coalition for the grant,
the coalition provides assurances satisfactory to the Secretary that
the coalition:
(A) Has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial entities in the
preparation of the application; and
(B) Will actively seek and encourage the participation of such
entities in the activities carried out with the grant (Section 311(b)).
D. Funds Available
The Department will make $7.2 million available for grants to State
domestic violence coalitions. Grants of approximately $137,358 each
will be available for the State domestic violence coalitions of the 50
States, the Commonwealth of Puerto Rico, and the District of Columbia.
The Coalitions of the U.S. Territories (Guam, U.S. Virgin Islands,
Northern Mariana Islands, American Samoa, and Trust Territory of the
Pacific Islands (Palau)) are eligible for domestic violence coalition
grant awards of approximately $27,472 each.
On October 1, 1994, Palau became independent and a Compact of Free
Association between the United States and Palau came into effect. This
change in the political status of Palau has the following effect on the
status of Palau's allocation:
In FY 95, Palau was entitled to receive 100% of its allocation.
Beginning in FY 96, Palau's share was reduced as follows:
FY 96--not to have exceeded 75% of the total amount appropriated
for such programs in FY 95;
FY 97--not to exceed 50% of the total amount appropriated for such
programs in FY 95;
FY 98--not to exceed 25% of the total amount appropriated for such
programs in FY 95.
E. Expenditure Period
Funds for each of FYs 1997 through 2000 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 1997 funds may be used for
expenditures from October 1, 1996 through September 30, 1998.
We strongly recommend that State domestic violence coalitions keep
a copy of this Federal Register notice for future reference. The
requirements set forth in this announcement also will apply to State
domestic violence coalition grants for FY 1998 through FY 2000.
Information regarding any changes in available funds, administrative or
reporting requirements will be provided by program announcement in the
Federal Register.
F. Reporting Requirements
1. The State domestic violence coalition grantee must submit an
annual report of activities describing the coordination, training and
technical assistance, needs assessment, and comprehensive planning
activities carried out; and the public information and education
services provided. The annual report also must provide an assessment of
the effectiveness of the grant supported activities.
The annual report is due 90 days after the end of the fiscal year,
i.e., December 30, in which the grant is awarded. The final program
report is due 90 days after the end of the two-year expenditure period.
Program Reports are to be sent to: Office of Community Services,
Administration for Children and Families, Attn: William D. Riley, 370
L'Enfant Promenade, S.W., 5th Floor West, Washington, D.C. 20447.
2. The State domestic violence coalition grantees must submit an
annual financial report, Standard Form 269 (SF-269). A financial report
is due 90 days after the end of the fiscal year in which the grant is
awarded. A final financial report is due 90 days after the end of the
expenditure period. Financial reports are to be sent to: Director for
Formula, Entitlement, and Block Grants, Office of Financial Management,
Administration for Children and Families, 370 L'Enfant Promenade, S.W.,
7th Floor, Washington, D.C. 20447.
G. Application Requirements
Except for the changes made by Public Law 103-322 (the Crime Bill),
the application requirements are the same as those for FY 1996. The
changes are highlighted and reflected in the language below.
The State domestic violence coalition application must be signed by
the Executive Director of the Coalition or the official designated as
responsible for the administration of the grant. The application must
contain the following information:
We have cited each requirement to the specific section of the law.
1. A description of the process and anticipated outcomes of
utilizing these federal funds to work with local domestic violence
programs and providers of direct services to encourage
[[Page 4058]]
appropriate responses to domestic violence within the State,
including--
(a) Training and technical assistance for local programs and
professionals working with victims of domestic violence;
(b) Planning and conducting State needs assessments and planning
for comprehensive services;
(c) Serving as an information clearinghouse and resource center for
the State; and
(d) Collaborating with other governmental systems which affect
battered women (Section 311(a)(1)).
2. A description of the public education campaign regarding
domestic violence to be conducted by the coalition through the use of
public service announcements and informative materials that are
designed for print media; billboards; public transit advertising;
electronic broadcast media; and other forms of information
dissemination that inform the public about domestic violence, including
information aimed at underserved racial, ethnic or language-minority
populations (Section 311(a)(4)).
3. The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with judicial and law
enforcement agencies concerning appropriate responses to domestic
violence cases and an examination of issues including the:
(a) Inappropriateness of mutual protection orders;
(b) Prohibition of mediation when domestic violence is involved;
(c) Use of mandatory arrests of accused offenders;
(d) Discouragement of dual arrests;
(e) Adoption of aggressive and vertical prosecution policies and
procedures;
(f) Use of mandatory requirements for pre-sentence investigations;
(g) Length of time taken to prosecute cases or reach plea
agreements;
(h) Use of plea agreements;
(i) Consistency of sentencing, including comparisons of domestic
violence crimes with other violent crimes;
(j) Restitution to victims;
(k) Use of training and technical assistance to law enforcement and
other criminal justice professionals;
(l) Reporting practices of, and the significance to be accorded to,
prior convictions (both felony and misdemeanor) and protection orders;
(m) Use of interstate extradition in cases of domestic violence
crimes; and
(n) The use of statewide and regional planning (Section 311(a)(2)).
4. The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with family law judges,
criminal court judges, Child Protective Services agencies, Child
Welfare agencies, Family Preservation and Support Service agencies, and
children's advocates to develop appropriate responses to child custody
and visitation issues in domestic violence cases and in cases where
domestic violence and child abuse are both present, including the:
(a) Inappropriateness of mutual protection orders;
(b) Prohibition of mediation when domestic violence is involved;
(c) Inappropriate use of marital or conjoint counseling in domestic
violence cases;
(d) Use of training and technical assistance for family law judges,
criminal court judges, and court personnel;
(e) The presumption of custody to domestic violence victims;
(f) Use of comprehensive protection orders to grant fullest
protection possible to victims of domestic violence, including
temporary custody support and maintenance;
(g) Development by Child Protective Services of supportive
responses that enable victims to protect their children;
(h) Implementation of supervised visitations or denial of
visitation to protect against danger to victims or their children; and
(i) The possibility of permitting domestic violence victims to
remove children from the State when the safety of the children or the
victim is at risk (Section 311(a)(3)).
5. The anticipated outcomes and a description of other activities
in support of the general purpose of furthering domestic violence
intervention and prevention (Section 311(a)).
6. The following documentation will certify the status of the
domestic violence coalition and must be included in the grant
application:
(a) A description of the procedures developed between the State
domestic violence agency and the Statewide coalition that allow for
implementation of the following cooperative activities:
(i) The applicant coalition's participation in the planning and
monitoring of the distribution of grants and grant funds provided in
its State (Section 303(a)(3)); and
(ii) The participation of the State domestic violence coalition in
compliance activities regarding the State's family violence prevention
and services program grantees (Section 303(a)(3)).
(b) Unless already on file at HHS, a copy of a currently valid
501(c)(3) certification letter from the Internal Revenue Service
stating private non-profit status; or
A copy of the applicant's listing in the Internal Revenue's
Services (IRS) most recent list of tax-exempt organizations described
in Section 501(c)(3) of the IRS code; or
A copy of the articles of incorporation bearing the seal of the
State in which the corporation or association is domiciled.
(c) A current list of the organizations operating programs for
victims of domestic violence programs in the State and the applicant
coalition's current membership list by organization;
(d) A list of the applicant coalition's current Board of Directors,
with each individual's organizational affiliation and the Chairperson
identified;
(e) A copy of the resume of any coalition or contractual staff to
be supported by funds from this grant and/or a statement of
requirements for staff or consultants to be hired under this grant; and
(f) A budget narrative which clearly describes the planned
expenditure of funds under this grant.
7. Assurances (include in the application as an appendix)
(a) The applicant coalition must provide documentation in the form
of support letters, memoranda of agreement, or jointly signed
statements, that the coalition:
(i) Has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial organizations in the
preparation of the grant application (Section 311(b)(4)(A)); and
(ii) Will actively seek and encourage the participation of such
organizations in grant funded activities (Section 311(b)(4)(B)).
(b) The applicant coalition must provide a signed statement that
the coalition will not use grant funds, directly or indirectly, to
influence the issuance, amendment, or revocation of any executive order
or similar legal document by any Federal, State or local agency, or to
undertake to influence the passage or defeat of any legislation by the
Congress, or any State or local legislative body, or State proposals by
initiative petition, except that the representatives of the State
Domestic Violence Coalition may testify or make other appropriate
communications:
(i) When formally requested to do so by a legislative body, a
committee, or a member of such organization (Section 311(d)(1)); or
(ii) In connection with legislation or appropriations directly
affecting the activities of the State domestic violence
[[Page 4059]]
coalition or any member of the coalition (Section 311(d)(2)).
(c) The applicant coalition must provide a signed statement that
the State domestic violence coalition will prohibit discrimination on
the basis of age, handicap, sex, race, color, national origin or
religion. (Sec. 307).
H. Paperwork Reproduction Act
Under the Paperwork Reduction Act of 1995 (the Act), Public Law
104-13, all Departments are required to submit to the Office of
Management and Budget (OMB) for review and approval any reporting or
record-keeping requirement inherent in a proposed or final rule, or
program announcement. This program announcement contains information
collection requirements in sections (F) and (G) of Part II which
require that certain information must be provided in an annual report,
fiscal report, and as part of a grantee's application. We estimate that
all of the information requirements for this program will take each
grantee approximately 6 hours to complete. As there are 53 projected
grantees, the total number of hours annually will be 318.
Organizations and individuals desiring to submit comments on the
information collection requirement should direct them to the Office of
Information and Regulatory Affairs, OMB, New Executive Office Building
(room 308), Washington, D.C., 20503, Attention: Desk Officer for the
Administration for Children and Families.
In accordance with the Act, the application requirements contained
in this notice have been approved by OMB under control number 0972-
0062.
I. Notification Under Executive Order 12372
This program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs'' for State plan
consolidation and simplification only--45 CFR 100.12. The review and
comment provisions of the Executive Order and Part 100 do not apply.
J. Certifications
Applicants must comply with the required certifications found at
Attachments A, B, C, and D as follows:
1. The Anti-Lobbying Certification and Disclosure Form must be
signed and submitted with the application. If applicable, a Standard
Form LLL, which discloses lobbying payments must be submitted.
2. Certification Regarding Drug-Free Workplace Requirements and
Certification Regarding Debarment: The signature on the application by
a Coalition official responsible for the administration of the program
attests to the applicant's intent to comply with the Drug-Free
Workplace Requirements and compliance with the Debarment Certification.
The Drug-Free Workplace and Debarment Certifications do not have to be
returned with the application.
3. Certification Regarding Environmental Tobacco Smoke: The
signature on the application by a Coalition official certifies that the
applicant will comply with the requirements of the Pro-Children Act of
1994 (Act). The applicant further agrees that it will require the
language of this certification be included in any subawards which
contain provisions for children's services and that all grantees shall
certify accordingly.
(Catalog of Federal Domestic Assistance Number 93.591, Family
Violence Prevention and Services: Grants to State Domestic Violence
Coalitions)
Dated: January 22, 1997.
Donald Sykes,
Director, Office of Community Services.
Attachment A--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 any
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.
State for Loan Guarantee and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
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Signature
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Title
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Organization
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Date
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BILLING CODE 4184-01-C
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Attachment B
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters--Primary Covered Transactions
By signing and submitting this proposal, the applicant, defined
as the primary participant in accordance with 45 CFR Part 76,
certifies to the best of its knowledge and believe that it and its
principals:
(a) are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal Department or agency;
(b) have not within a 3-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(c) are not presently indicted or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) have not within a 3-year period preceding this application/
proposal had one or more public transactions (Federal, State, or
local) terminated for cause or default.
The inability of a person to provide the certification required
above will not necessarily result in denial of participation in this
covered transaction. If necessary, the prospective participant shall
submit an explanation of why it cannot provide the certification.
The certification or explanation will be considered in connection
with the Department of Health and Human Services (HHS) determination
whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an
explanation shall disqualify such person from participation in this
transaction.
The prospective primary participant agrees that by submitting
this proposal, it will include the clause entitled ``Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion--Lower Tier Covered Transaction.'' provided below without
modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions (To Be
Supplied to Lower Tire Participants)
By signing and submitting this lower tier proposal, the
prospective lower tier participant, as defined in 45 CFR Part 76,
certifies to the best of its knowledge and belief that it and its
principals:
(a) are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or
agency.
(b) where the prospective lower tier participant is unable to
certify to any of the above, such prospective participant shall
attach an explanation to this proposal.
The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause entitled
``Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion--Lower Tier Covered Transactions.'' Without
modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
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Attachment D
Certification Regarding Environmental Tobacco Smoke
Public Law 103-227, 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 facility owned or
leased or contracted for by an entity and used routinely or
regularly 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 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.
[FR Doc. 97-2013 Filed 1-27-97; 8:45am]
BILLING CODE 4184-01-P
