[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9032-9041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3822]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. OCS 95-10]
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 for State domestic violence
coalitions for grants for family violence intervention and prevention
activities.
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SUMMARY: This announcement governs the proposed award of fiscal year
(FY) 1995 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 process and
requirements for grants to be awarded for FY 1995. It also specifies a
new expenditure period for grant awards and sets forth the application
process and requirements for grants to be awarded for FY 1996 through
FY 2000.
CLOSING DATES FOR APPLICATIONS: Applications for FY 1995 family
violence grant awards meeting the criteria specified in this
announcement must be received no later than April 17, 1995. Grant
applications for FY 1996 through FY 2000 should be received at the
address specified below by November l of each subsequent fiscal year.
ADDRESSES: Applications should be sent to: Departemnt 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 Al
M. Britt (202) 401-5453.
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 (Part I). The second purpose is to provide information on
application requirements for FY 1995 grants to State Domestic Violence
Coalitions. These funds will support coordination efforts, prevention
activities, and the efforts to 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
A person facing family or intimate violence may need more than
immediate medical care and shelter. Assured protection and effective
support are essential to end ongoing abuse.
The effects of domestic violence may manifest themselves in varying
forms, including: Substance abuse, hopelessness, arrest, felony
charges, mental health concerns, injuries, lost time at work, child
abuse, and welfare dependence. 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 protection and services 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. Coordination of Efforts
1. 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.
The interdepartmental working group also initiated a ``Cities
Project'' (now known as PACT, Pulling America's Communities Together)
to help coordinate Federal assistance to four geographic areas (Denver;
Atlanta; Washington, D.C.; and the State of Nebraska) as they develop
comprehensive plans for violence prevention and control.
Based on these coordination efforts, a new interdepartmental
strategy was developed for implementing the [[Page 9033]] programs and
activities recently enacted in the Violent Crime Control and Law
Enforcement Act of 1994 (Crime Bill). A Steering Committee on Violence
Against Women is coordinating activities among family violence-related
programs and across agencies and departments.
2. Opportunities for Coordination at the State and Local Level
The major domestic violence prevention activities funded by the
Federal government focus on law enforcement and justice system
strategies; victim protection and assistance services; and prevention
activities, including 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 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.
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 (DOJ). The Violence Against Women Act (VAWA), 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.
The Department of Justice is implementing a new formula grant
program, which makes available $26 million to States in FY 1995, to
develop, strengthen, and implement effective law enforcement,
prosecution, and victim assistance strategies. The program contemplates
coordination within and across the criminal justice and service
delivery systems, and will require the development of a coordinated,
comprehensive approach to bring about changes in the way the justice
system intervenes and responds to domestic violence and sexual assault.
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.
The Violence Against Women Act authorized a smaller discretionary
program to be implemented by Indian tribes. The Department of Justice
grant regulations and program guidelines will address the requirements
of both the formula grant and the discretionary grant programs.
In order to be eligible for funds, States must develop a plan for
implementation. As a part of the planning process, they must consult
with nonprofit, nongovernmental victims' services programs including
sexual assault and domestic violence victim services programs. DOJ
expects that States will draw into the planning process the experience
of existing family violence task forces and coordinating councils such
as the State Domestic Violence Coalitions.
(b) Family Preservation and Family Support Services Program (DHHS).
In August 1993, Congress created a new program entitled ``Family
Preservation and Support Services'' (Title IV-B of the Social Security
Act).
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.
In FY 1994, 100 percent Federal funds were available to State child
welfare agencies and Indian Tribes to develop a comprehensive five-year
Child and Family Services Plan for FYs 1995-1999 (due by June 30,
1995).
To develop the service plans, most States currently are in the
process of consulting with a wide range of public agencies and
nonprofit private and community-based organizations that have expertise
in administering services for children and families, including those
with experience and expertise in family violence.
Part II. Family Violence Prevention and Services Grants Requirements
This section includes application requirements for family violence
prevention and services grants for State Domestic Violence Coalitions
and is organized as follows:
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
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 Pub. L. 102-295, and was
reauthorized and amended for fiscal Years 1995 through 2000 by Pub. L.
103-322, the Violent Crime Control and Law Enforcement Act of 1994 (the
Crime Bill), and signed into law on September 13, 1994.
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 FY 1994, the Department made grant awards to 50 State
domestic violence coalitions, the District of Columbia, and the U.S.
Virgin Islands. In FY 1995, 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 [[Page 9034]] shall be a statewide private non-profit
domestic violence coalition meeting the following conditions:
(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 of Directors' membership is representative of a
majority of the programs for victims of domestic violence operating
within the State; and
(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 (Sec 311(b)).
D. Funds Available
The Department will make $2,500,000 available for grants to State
domestic violence coalitions. Grants of $47,170 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 $9,434 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 affect on the
status of Palau's allocation:
In FY 95, Palau will receive 100% of its allocation. Beginning in
FY 96, its share will be reduced as follows:
FY 96--not to exceed 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 FY 1995 through FY 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 1995 funds may be expended from October 1, 1994
through September 30, 1996.
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 1996 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 program report 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 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, SW., 5th
Floor West, Washington, DC 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, SW.,
7th Floor, Washington, DC 20447.
G. Application Requirements
Except for the changes made by the Crime Bill, the application
requirements are the same as last year's. The Crime Bill made the
following changes:
Added a new section 311(a)(1);
Inserted references to Judges, Court officers, and
other criminal justice professionals in section 311 (a)(2);
Revised the language on supervised visitation or
denial of visitation in section 311(a)(3)(H); and
Requires public education campaigns to include
information aimed at underserved, racial, ethnic, or language-minority
populations (section 311(a)(4)). The changes are 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 (Please note the new 1.):
We have cited each requirement to the specific section of the law.
1. A description of the process of working with local domestic
violence programs and providers of direct services to encourage
appropriate responses to domestic violence within the State,
including--
(A) Training and technical assistance for local programs and
professionals working with victims of domestics 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 (Sec. 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; [[Page 9035]]
(J) Restitution to victims;
(K) Use of training and technical assistance to law enforcement,
judges, court officers 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 (Sec. 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 (Sec. 311(a)(3)).
5. 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 (Sec. 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 (Sec. 303(a)(3)).
(B) 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 list of the organizations operating programs for victims of
domestic violence programs in the State and the applicant coalition's
membership list by organization;
(D) A copy of the applicant coalition's current Board of Directors
list, with Chairperson identified; and
(E) A copy of the resume of any coalition or contractual staff to
be supported by funds from this grant.
6. Assurances (include in application as an appendix)
(A) 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 (Sec. 311(b)(4)(A)); and
(ii) Will actively seek and encourage the participation of such
organizations in grant funded activities (Sec. 311(b)(4)(B)).
(B) 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 (Sec. 311(d)(1)); and
(ii) In connection with legislation or appropriations directly
affecting the activities of the State domestic violence coalition or
any member of the coalition (Sec. 311(d)(2)).
(C) 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 Reduction Act
Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, 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), which require that certain
information must be provided in an annual 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.
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.
Federally-recognized Native American Tribes are exempt from all
provisions and requirements of E.O. 12372.
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 [[Page 9036]] 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 93.671, Family
Violence Prevention and Services)
Dated: February 9, 1995.
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 $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,
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
[[Page 9038]]
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 Tier 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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[[Page 9040]]
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BILLING CODE 4184-01-P [[Page 9041]]
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. 95-3822 Filed 2-15-95; 8:45 am]
BILLING CODE 4184-01-P
