4054 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices

This schedule of data collection is

necessitated by the mandates of the

Government Performance and Results

Act (GPRA) of 1993 (Pub. L. 103–62),

which requires that the Head Start

Bureau move expeditiously toward

development and testing of Head Start

Performance Measures, and by the 1994

reauthorization of Head Start (Head

Start Act, as amended, May 18, 1994,

Section 649 (d)), which requires

assessment of Head Start’s quality and

effectiveness.

Respondents: Federal Government,

Individuals or Households, and Not-forprofit institutions.

ANNUAL BURDEN ESTIMATES

Instrument Number of

respondents

Number of

responses

per respondent

Average

burden

hours per

response

Total burden hours

Spring, 1997 ..................................................................................................................... 7,840 1 0.652 5,110

Fall, 1997 .......................................................................................................................... 8,400 1 .648 5,440

Spring, 1998 ..................................................................................................................... 11,460 1 .654 7,500

Estimated Total Annual Burden

Hours: 9,025.

Note: The 9,025 annual hours is based on

an average of 1997 and 1998 estimated

burden hours.

Additional Information: Copies of the

proposed collection may be obtained by

writing to The Administration for

Children and Families, Office of

Information Services, Division of

Information Resource Management

Services, 370 L’Enfant Promenade, SW.,

Washington, DC 20447, Attn: ACF

Reports Clearance Officer.

OMB Comment: OMB is required to

make a decision concerning the

collection of information between 30

and 60 days after publication of this

document in the Federal Register.

Therefore, a comment is best assured of

having its full effect if OMB receives it

within 30 days of publication. Written

comments and recommendations for the

proposed information collection should

be sent directly to the following: Office

of Management and Budget, Paperwork

Reduction Project, 725 17th Street, NW.,

Washington, DC 20503, Attn: Ms.

Wendy Taylor.

Dated: January 22, 1997.

Bob Sargis,

Acting Reports Clearance Officer.

[FR Doc. 97–1944 Filed 1–27–97; 8:45 am]

BILLING CODE 4184–01–M

[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.

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
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices 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
4056 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices

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 IVB 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 atrisk 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
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices 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
4058 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices

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 nonprofit 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
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices 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.

lllllllllllllllllllll

Signature

lllllllllllllllllllll

Title

lllllllllllllllllllll

Organization

lllllllllllllllllllll

Date

BILLING CODE 4184–01–P
4060 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices

BILLING CODE 4184–01–C
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices 4061

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.

BILLING CODE 4184–01–P
4062 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices 4063

BILLING CODE 4184–01–C
4064 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Notices

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

Food and Drug Administration

[Docket No. 96E–0355]

Determination of Regulatory Review

Period for Purposes of Patent

Extension; DIFFERIN Topical Gel

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) has determined

the regulatory review period for

DIFFERIN Topical Gel and is publishing

this notice of that determination as

required by law. FDA has made the

determination because of the

submission of an application to the

Commissioner of Patents and

Trademarks, Department of Commerce,

for the extension of a patent which

claims that human drug product.

ADDRESSES: Written comments and

petitions should be directed to the

Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Brian J. Malkin, Office of Health Affairs

(HFY–20), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–443–1382.

SUPPLEMENTARY INFORMATION: The Drug

Price Competition and Patent Term

Restoration Act of 1984 (Pub. L. 98–417)

and the Generic Animal Drug and Patent

Term Restoration Act (Pub. L. 100–670)

generally provide that a patent may be

extended for a period of up to 5 years

so long as the patented item (human

drug product, animal drug product,

medical device, food additive, or color

additive) was subject to regulatory

review by FDA before the item was

marketed. Under these acts, a product’s

regulatory review period forms the basis

for determining the amount of extension

an applicant may receive.

A regulatory review period consists of

two periods of time: A testing phase and

an approval phase. For human drug

products, the testing phase begins when

the exemption to permit the clinical

investigations of the drug becomes

effective and runs until the approval

phase begins. The approval phase starts

with the initial submission of an

application to market the human drug

product and continues until FDA grants

permission to market the drug product.

Although only a portion of a regulatory

review period may count toward the

actual amount of extension that the

Commissioner of Patents and

Trademarks may award (for example,

half the testing phase must be

subtracted as well as any time that may

have occurred before the patent was

issued), FDA’s determination of the

length of a regulatory review period for

a human drug product will include all

of the testing phase and approval phase

as specified in 35 U.S.C. 156(g)(1)(B).

FDA recently approved for marketing

the human drug product DIFFERIN

Topical Gel (adapalene). DIFFERIN

Topical Gel is indicated for the topical

treatment of acne vulgaris. Subsequent

to this approval, the Patent and

Trademark Office received a patent term

restoration application for DIFFERIN

Topical Gel (U.S. Patent No. 5,212,303)

from Centre International de Recherches

Dermatologiques (CIRD), and the Patent

and Trademark Office requested FDA’s

assistance in determining this patent’s

eligibility for patent term restoration. In

a letter dated October 24, 1996, FDA

advised the Patent and Trademark

Office that this human drug product had

undergone a regulatory review period

and that the approval of DIFFERIN

Topical Gel represented the first

permitted commercial marketing or use

of the product. Shortly thereafter, the

Patent and Trademark Office requested

that FDA determine the product’s

regulatory review period.

FDA has determined that the

applicable regulatory review period for

DIFFERIN Topical Gel is 2,447 days. Of

this time, 1,401 days occurred during

the testing phase of the regulatory

review period, while 1,046 days

occurred during the approval phase.

These periods of time were derived from

the following dates:

1. The date an exemption under

section 505(i) of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 355(i))

became effective: September 20, 1989.

FDA has verified the applicant’s claim

that the date that the investigational

new drug application became effective

was on September 20, 1989.

2. The date the application was

initially submitted with respect to the

human drug product under section

505(b) of the Federal Food, Drug, and

Cosmetic Act: July 21, 1993. The

applicant claims July 15, 1993, as the

date the new drug application (NDA) for

DIFFERIN Topical Gel (NDA 20–380)

was initially submitted. However, FDA

records indicate that NDA 20–380 was

submitted on July 21, 1993.

3. The date the application was

approved: May 31, 1996. FDA has

verified the applicant’s claim that NDA

20–380 was approved on May 31, 1996.

This determination of the regulatory

review period establishes the maximum

potential length of a patent extension.

However, the U.S. Patent and

Trademark Office applies several

statutory limitations in its calculations

of the actual period for patent extension.

In its application for patent extension,

this applicant seeks 13 days of patent

term extension.

Anyone with knowledge that any of

the dates as published is incorrect may,

on or before March 31, 1997, submit to

the Dockets Management Branch

(address above) written comments and

ask for a redetermination. Furthermore,

any interested person may petition FDA,

on or before July 28, 1997, for a

determination regarding whether the

applicant for extension acted with due

diligence during the regulatory review

period. To meet its burden, the petition

must contain sufficient facts to merit an

FDA investigation. (See H. Rept. 857,

part 1, 98th Cong., 2d sess., pp. 41–42,

1984.) Petitions should be in the format

specified in 21 CFR 10.30.

Comments and petitions should be

submitted to the Dockets Management

Branch (address above) in three copies

(except that individuals may submit

single copies) and identified with the

docket number found in brackets in the

heading of this document. Comments

and petitions may be seen in the

Dockets Management Branch between 9

a.m. and 4 p.m., Monday through

Friday.

Dated: January 17, 1997.

Stuart L. Nightingale,

Associate Commissioner for Health Affairs.

[FR Doc. 97–2064 Filed 1–27–97; 8:45 am]

BILLING CODE 4160–01–F