[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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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]
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