[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14385-14393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5824]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Family Violence Prevention and Services/Grants for Domestic 
Violence Shelters/Grants to Native American Tribes (Including Alaska 
Native Villages) and Tribal Organizations

AGENCY: Family and Youth Services Bureau (FYSB), Administration on 
Children, Youth, and Families (ACYF), ACF, HHS.

ACTION: This notice was originally published as Funding Opportunity 
Number HHS-2012-ACF-ACYF-FVPS-0310 on February 17, 2012 at http://www.acf.hhs.gov/grants/open/foa/view/HHS-2012-ACF-ACYF-FVPS-0310.

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    This announcement governs the proposed award of formula grants 
under the Family Violence Prevention and Services Act (FVPSA) to Native 
American Tribes (including Alaska Native Villages) and Tribal 
organizations. The purpose of these grants is to assist Tribes in 
efforts to increase public awareness about, and primary and secondary 
prevention of family violence, domestic violence, and dating violence 
and to provide immediate shelter and supportive services for victims of 
family violence, domestic violence, or dating violence, and their 
dependents. This announcement sets forth the application requirements, 
the application process, and other administrative and fiscal 
requirements for grants in Fiscal Year 2012. Grantees are to be mindful 
that although the expenditure period for grants is a two-year period, 
an application is required each year to provide continuity in the 
provision of services.

    C.F.D.A. Number: 93.671.

    Statutory Authority: Sections 301-313 of FVPSA, as amended by 
Section 201 of the Child Abuse and Prevention Treatment Act 
Reauthorization of 2010, Pub. L. 111-320, hereinafter cited by 
Section numbers only.

SUMMARY:

I. Funding Opportunity Description

Description

Background
    The Administration on Children, Youth and Families (ACYF) is 
committed to facilitating healing and recovery and promoting the social 
and emotional well-being of victims, children, youth, and families who 
have experienced domestic violence, maltreatment, exposure to violence, 
and trauma. This FVPSA funding opportunity announcement, administered 
through ACYF's Family and Youth Services Bureau (FYSB) is designed to 
assist Tribes in their efforts to support the establishment, 
maintenance, and expansion of programs and projects: (1) To prevent 
incidents of family violence, domestic violence, and dating violence; 
(2) to provide immediate shelter, supportive services, and access to 
community-based programs for victims of family violence, domestic 
violence, or dating violence, and their dependents; and (3) to provide 
specialized services for children exposed to family violence, domestic 
violence, or dating violence, underserved populations, and victims who 
are members of racial and ethnic minority populations (Section 306(a)).
    Tribes face unique circumstances and obstacles when responding to 
family violence. The particular legal relationship of the United States 
to Indian Tribes creates a Federal trust responsibility to assist 
Tribal governments in safeguarding the lives of Indian victims of 
family violence.
    The Department of Health and Human Services (HHS) consulted with 
Tribal governments regarding this grant and the issue of violence 
against women. In FY 2011, the Administration for Children and Families 
(ACF) consulted with Tribal governments on all of the grant programs 
administered by ACF. In addition, ACYF representatives consulted during 
the Inter-Departmental Tribal Justice Safety and Wellness Consultation 
on FVPSA issues. Throughout FY 2012, ACF is scheduling multiple 
opportunities for consultation with Tribal leaders.
    During FY 2011, HHS awarded FVPSA grants to 148 Tribes or Tribal 
organizations in support of 227 Tribes; 52 States and Territories; and 
55 non-profit State Domestic Violence Coalitions. In addition, HHS 
awarded FVPSA grants to one National Indian Resource Center addressing 
Domestic Violence and Safety for Indian Women, and other national, 
special issue and culturally specific resource centers, and the 
National Domestic Violence Hotline.

Ensuring the Well-Being of Vulnerable Children and Families/Adults

    ACYF is committed to facilitating healing and recovery and 
promoting the social and emotional well-being of children, youth, and 
families/adults who have experienced maltreatment, exposure to 
violence, and/or trauma. This funding opportunity announcement and 
other spending this fiscal year are designed to ensure that effective 
interventions are in place to build skills and capacities that 
contribute to the healthy, positive, and productive functioning of 
families.
    Children, youth, and families/adults who have experienced 
maltreatment, exposure to violence, and/or trauma are impacted along 
several domains, each of which must be addressed in order to foster 
social and emotional well-being and promote healthy, positive 
functioning:
    <bullet> Understanding Experiences: A fundamental aspect of the 
human experience is the development of a world view through which one's 
experiences are understood. Whether that perspective is generally 
positive or negative impacts how experiences are interpreted and 
integrated. For example, one is more likely to approach a challenge as 
a surmountable, temporary obstacle if his or her frame includes a sense 
that ``things will turn out alright.'' On the contrary, negative 
experiences can color how future experiences are understood. Ongoing 
exposure to family violence might lead children, youth, and families/
adults to believe that relationships are generally hostile in nature 
and affect their ability to enter into and stay engaged in safe and 
healthy relationships. Interventions should seek to address how 
children, youth, and families/adults frame what has happened to them in 
the past and shape their beliefs about the future.
    <bullet> Developmental Tasks: People grow physically and 
psychosocially along a fairly predictable course, encountering normal 
challenges and establishing competencies as they pass from one 
developmental stage to another. However, adverse events have a marked 
effect on the trajectory of normal social and emotional development, 
delaying the growth of certain capacities, and, in many cases, 
accelerating the maturation of others. Intervention strategies must be 
attuned to the developmental impact of negative experiences and address

[[Page 14386]]

related strengths and deficits to ensure children, youth, and families/
adults develop along a healthy trajectory.
    <bullet> Coping Strategies: The methods that children, youth, and 
families/adults develop to manage challenges both large and small are 
learned in childhood, honed in adolescence, and practiced in adulthood. 
Those who have been presented with healthy stressors and opportunities 
to overcome them with appropriate encouragement and support are more 
likely to have an array of positive, productive coping strategies 
available to them as they go through life. For children, youth, and 
families/adults who grow up in or currently live in unsafe, 
unpredictable environments, the coping strategies that may have been 
protective in that context may not be appropriate for safer, more 
regulated situations. Interventions should help children, youth, and 
families/adults transform maladaptive coping methods into healthier, 
more productive strategies.
    <bullet> Protective Factors: A wealth of research has demonstrated 
that the presence of certain contextual factors (e.g., supportive 
relatives, involvement in after-school activities) and characteristics 
(e.g., self-esteem, relationship skills) can moderate the impacts of 
past and future negative experiences. These protective factors are 
fundamental to resilience; building them is integral to successful 
intervention with children, youth, and families/adults.
    The skills and capacities in these areas support children, youth, 
and families/adults as challenges, risks, and opportunities arise. In 
particular, each domain impacts the capacity of children, youth, and 
families/adults to establish and maintain positive relationships with 
caring adults and supportive peers. The necessity of these 
relationships to social and emotional well-being and lifelong success 
in school, community, and at home cannot be overstated and should be 
central to all interventions with vulnerable children, youth, and 
families/adults.
    An important component of promoting social and emotional well-being 
includes addressing the impact of trauma, which can have a profound 
effect on the overall functioning of children, youth, and families/
adults. ACYF promotes a trauma-informed approach, which involves 
understanding and responding to the symptoms of chronic interpersonal 
trauma and traumatic stress across the domains outlined above, as well 
as the behavioral and mental health consistency of trauma.
    ACYF anticipates a continued focus on social and emotional well-
being as a critical component of its overall mission to ensure positive 
outcomes for all children, youth, and families/adults. Tribal grantees 
have a critical role in incorporating ACYF priorities by helping to 
ensure trauma-informed interventions are embedded within the service 
provision framework of all services funded by FVPSA. Tribes and Tribal 
organizations are strongly encouraged to leverage the expertise of the 
FVPSA-funded National Indigenous Women's Resource Center on Domestic 
Violence and the National Center on Domestic Violence, Trauma and 
Mental Health to infuse programs with best and promising practices on 
trauma-informed interventions to support the social and emotional well-
being of families seeking shelter and supportive services.

Use of Funds

    Grantees should ensure that not less than 70 percent of the funds 
distributed are used for the primary purpose of providing immediate 
shelter and supportive services to adult and youth victims of family 
violence, domestic violence, or dating violence and their dependents; 
not less than 25 percent of the funds will be used for the purpose of 
providing supportive services and prevention services (Section 308 
(b)).
    FVPSA funds awarded to grantees should be used for activities 
described in (Section 308 (b)):

Shelter

    <bullet> Provision of immediate shelter and related supportive 
services to adult and youth victims of family violence, domestic 
violence, or dating violence, and their dependents, including paying 
for the operating and administrative expenses of the facilities for 
such shelter.

Supportive Services

    <bullet> Provision of individual and group counseling, peer support 
groups, and referral to community-based services to assist family 
violence, domestic violence, and dating violence victims, and their 
dependents, in recovering from the effects of the violence.
    <bullet> Provision of services, training, technical assistance, and 
outreach to increase awareness of family violence, domestic violence, 
and dating violence, and increase the accessibility of family violence, 
domestic violence, and dating violence services.
    <bullet> Provision of culturally and linguistically appropriate 
services.
    <bullet> Provision of services for children exposed to family 
violence, domestic violence, or dating violence, including age-
appropriate counseling, supportive services, and services for the 
nonabusing parent that support that parent's role as a caregiver, which 
may, as appropriate, include services that work with the non-abusing 
parent and child together.
    <bullet> Provision of advocacy, case management services, and 
information and referral services, concerning issues related to family 
violence, domestic violence, or dating violence intervention and 
prevention, including: (1) Assistance in accessing related Federal and 
State financial assistance programs; (2) legal advocacy to assist 
victims and their dependents; (3) medical advocacy, including provision 
of referrals for appropriate health care services (including mental 
health, alcohol, and drug abuse treatment), but which shall not include 
reimbursement for any health care services; (4) assistance locating and 
securing safe and affordable permanent housing and homelessness 
prevention services; (5) transportation, child care, respite care, job 
training and employment services, financial literacy services and 
education, financial planning and related economic empowerment 
services; and (6) parenting and other educational services for victims 
and their dependents.
    <bullet> Provision of prevention services, including outreach to 
underserved populations.
    <bullet> Assistance in developing safety plans, and supporting 
efforts of victims of family violence, domestic violence, or dating 
violence to make decisions related to their ongoing safety and well-
being.

Annual FVPSA Tribal Grantee Meeting

    FVPSA Tribal grantees should plan to attend the annual grantee 
meeting and may use grant funding to support the travel of up to two 
participants. The meeting is a training and technical assistance 
activity focusing on FVPSA administrative issues as well as the 
promotion of evidence informed and promising practices to address 
family violence, domestic violence, and dating violence. Subsequent 
correspondence will advise the FVPSA Tribal grantees of the date, time, 
and location of their grantee meeting.

Client Confidentiality

    In order to ensure the safety of adult, youth, and child victims of 
family violence, domestic violence, or dating violence, and their 
families, FVPSA-funded programs must establish and implement policies 
and protocols for maintaining the confidentiality of records pertaining 
to any individual

[[Page 14387]]

provided domestic violence services. Consequently, when providing 
statistical data on program activities and program services, individual 
identifiers of client records will not be used (Section 306 (c)(5)).
    In the annual grantee Performance Progress Report (PPR) grantees 
must collect unduplicated data from each program. No client level data 
should be shared with a third party, regardless of encryption, hashing, 
or other data security measures, without a written, time-limited 
release as described in section 306(c)(5). The address or location of 
any FVPSA-supported shelter facility shall, except with written 
authorization of the person or persons responsible for the operation of 
such shelter, not be made public (Section 306(c)(5)(H)) and the 
confidentiality of records pertaining to any individual provided 
domestic violence services by any FVPSA-supported program will be 
strictly maintained.

Coordinated and Accessible Services

    The impacts of family violence may include physical injury and 
death of primary or secondary victims, psychological trauma, isolation 
from family and friends, harm to children living with a parent or 
caretaker who is either experiencing or perpetrating family violence, 
increased fear, reduced mobility, damaged credit, employment and 
financial instability, homelessness, substance abuse, chronic 
illnesses, and a host of other health and related mental health 
consequences. In Tribal communities, these dynamics may be compounded 
by barriers such as the isolation of vast rural areas, the concern for 
safety in isolated settings, lack of housing and shelter options, and 
the transportation requirements over long distances. These factors 
heighten the need for the coordination of the services through an often 
limited delivery system. To help bring about a more effective response 
to the problem of family violence, domestic violence, or dating 
violence, HHS urges Tribes and Tribal organizations receiving funds 
under this grant announcement to coordinate activities and related 
issues and to consider joining a consortium of Tribes to coordinate 
service delivery where appropriate.
    It is essential that community service providers, including those 
serving or representing underserved communities, are involved in the 
design and improvement of intervention and prevention activities. 
Coordination and collaboration among victim services providers, 
community-based, culturally specific, and faith-based services 
providers, housing and homeless services providers, and Federal, State, 
and local public officials and agencies are needed to provide more 
responsive and effective services to victims of family violence, 
domestic violence, and dating violence, and their families.
    To promote a more effective response to family violence, domestic 
violence, and dating violence, HHS requires States receiving FVPSA 
funds to collaborate with State Domestic Violence Coalitions, Tribes, 
Tribal organizations, service providers, and community-based 
organizations to address the needs of family violence, domestic 
violence, and dating violence victims, particularly for those who are 
members of racial and ethnic minority populations and underserved 
populations (Section 307(a)(2)).
    To serve victims most in need and to comply with Federal law, 
services must be widely accessible. Services must not discriminate on 
the basis of age, disability, sex, race, color, national origin, or 
religion (Section 306(c)(2)). The HHS Office for Civil Rights provides 
guidance to grantees in complying with civil rights laws that prohibit 
discrimination on these bases. Please see http://www.hhs.gov/ocr/civilrights/understanding/index.html. HHS also provides guidance to 
recipients of Federal financial assistance on meeting the legal 
obligation to take reasonable steps to provide meaningful access to 
federally assisted programs by persons with limited English 
proficiency. Please see http://www.hhs.gov/ocr/civilrights/resources/laws/revisedlep.html. Additionally, HHS provides guidance regarding 
access to HHS-funded services for immigrant survivors of domestic 
violence. Please see http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html.
    Services must also be provided on a voluntary basis; receipt of 
emergency shelter or housing must not be conditioned on participation 
in supportive services (Section 308(d)).
Definitions
    Tribes and Tribal organizations should use the following 
definitions in carrying out their programs.
    Dating Violence: Violence committed by a person who is or has been 
in a social relationship of a romantic or intimate nature with the 
victim and where the existence of such a relationship shall be 
determined based on a consideration of the length of the relationship, 
the type of relationship, and the frequency of interaction between the 
persons involved in the relationship.
    Domestic Violence: Felony or misdemeanor crimes of violence 
committed by a current or former spouse of the victim, by a person with 
whom the victim shares a child in common, by a person who is 
cohabitating with or has cohabitated with the victim as a spouse, by a 
person similarly situated to a spouse of the victim under the domestic 
or family violence laws of the jurisdiction receiving grant monies, or 
by any other person against an adult or youth victim who is protected 
from that person's acts under the domestic or family violence laws of 
the jurisdiction.
    Family Violence: Any act or threatened act of violence, including 
any forceful detention of an individual, which (a) results or threatens 
to result in physical injury; and (b) is committed by a person against 
another individual (including an elderly person) to whom such person 
is, or was, related by blood or marriage, or otherwise legally related, 
or with whom such person is, or was, lawfully residing.
    Indian Tribe: Any Indian Tribe, band, nation, or other organized 
group or community, including any Alaska Native village or regional or 
village corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.
    Personally Identifying Information or Personal Information: Any 
individually identifying information for or about an individual, 
including information likely to disclose the location of a victim of 
domestic violence, dating violence, sexual assault, or stalking, 
including: a first and last name, a home or other physical address, 
contact information (including a postal, email or Internet protocol 
address, or telephone or facsimile number), a social security number 
and any other information, including date of birth, racial or ethnic 
background, or religious affiliation, that, in combination with any of 
the above identifiers, would serve to identify any individual.
    Shelter: The provision of temporary refuge and supportive services 
in compliance with applicable State law and regulation governing the 
provision, on a regular basis, of shelter, safe homes, meals, and 
supportive services to victims of family violence, domestic violence, 
or dating violence, and their dependents.
    Supportive Services: Services for adult and youth victims of family 
violence, domestic violence, or dating violence, and dependents exposed 
to

[[Page 14388]]

family violence, domestic violence, or dating violence, that are 
designed to meet the needs of such victims of family violence, domestic 
violence, or dating violence, and their dependents, for short-term, 
transitional, or long-term safety and provide counseling, advocacy, or 
assistance for victims of family violence, domestic violence, or dating 
violence, and their dependents.
    Tribal Consortium: Groups of Tribes who agree to apply for and 
administer a single FVPSA grant with one Tribe or Tribal organization 
responsible for grant administration. In a Tribal consortium, the 
population of all of the Tribes involved is used to calculate the award 
amount. The allocations for each of the Tribes included in the 
consortium are combined to determine the total grant for the 
consortium.
    Tribally Designated Official: An individual designated by an Indian 
Tribe, Tribal organization, or nonprofit private organization 
authorized by an Indian Tribe to administer a grant.
    Tribal Organization: The recognized governing body of any Indian 
Tribe; any legally established organization of Indians that is 
controlled, sanctioned, or chartered by such governing body or which is 
democratically elected by the adult members of the Indian community to 
be served by such organization, and that includes the maximum 
participation of Indians in all phases of its activities. In any case 
where a contract is let or grant made to an organization to perform 
services benefiting more than one Indian Tribe, the approval of each 
such Indian Tribe shall be a prerequisite to the letting or making of 
such contract or grant.
    Underserved Populations: Populations underserved because of 
geographic location, underserved racial and ethnic populations, 
populations underserved because of special needs (such as language 
barriers, disabilities, alienage status, or age), and any other 
population determined to be underserved by the Attorney General or by 
the Secretary of HHS, as appropriate.

II. Award Information

    Subject to the availability of Federal appropriations and as 
authorized by law, in FY 2012, ACYF will allocate 10 percent of the 
appropriation available under Section 303(a) to Tribes and Tribal 
organizations for the establishment and operation of shelters, safe 
houses, and the provision of supportive services for victims of family 
violence, domestic violence, or dating violence, and their dependents.
    HHS will also make available funds to States to support local 
domestic violence programs to provide immediate shelter and supportive 
services for adult and youth victims of family violence, domestic 
violence, or dating violence, and their dependents; State Domestic 
Violence Coalitions to provide technical assistance and training, 
advocacy services, among other activities with local domestic violence 
programs; the national resource centers and culturally specific 
resource centers; the National Domestic Violence Hotline; and to 
support discretionary projects including training and technical 
assistance, collaborative projects with advocacy organizations and 
service providers, data collection efforts, public education 
activities, research, and other demonstration projects.
Tribal Allocations
    In computing tribal allocations, ACF will use the latest available 
population figures from the Census Bureau. The latest Census population 
counts may be viewed at: www.census.gov. Where Census Bureau data are 
unavailable, ACF will use figures from the Bureau of Indian Affairs' 
(BIA's) Indian Population and Labor Force Report, which is available 
at: http://www.bia.gov/WhatWeDo/Knowledge/Reports/index.htm.
    The funding formula for the allocation of family violence funds is 
based upon the Tribe's population. The formula has two parts, the 
Tribal population base allocation and a population category allocation.
    The base allocations are determined by a Tribe's population and a 
funds allocation schedule. Tribes with populations between 1 and 50,000 
people receive a $2,500 base allocation for the first 1,500 people. For 
each additional 1,000 people above the 1,500 person minimum, a Tribe's 
base allocation is increased $1,000. Tribes with populations between 
50,001 to 100,000 people receive base allocations of $125,000, and 
Tribes with a population of 100,001 to 150,000 receive a base 
allocation of $175,000.
    Once the base allocations have been distributed to the Tribes that 
have applied for FVPSA funding, the ratio of the Tribal population 
category allocation to the total of all base allocations is then 
considered in allocating the remainder of the funds. By establishing 
base amounts with distribution of proportional amounts for larger 
Tribes, FYSB is balancing the need for basic services for all Tribes 
with the greater demand for services among Tribes with larger 
populations. In FY 2011, actual grant awards ranged from $23,598 to 
$2,064,871.
    Tribes are encouraged to apply for FVPSA funding as a consortium 
(see Section I. Definitions). The allocations for each of the Tribes 
included in the consortium will be combined to determine the total 
grant for the consortium.
Expenditure Periods
    The project period under this program announcement is 24 months. 
The FVPSA funds may be used for expenditures starting 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 
2011 funds may be used for expenditures from October 1, 2010, through 
September 30, 2012. For example:

------------------------------------------------------------------------
                                                         Application
 Award year (federal    Project period (24 months)     requirements &
  fiscal year (FY))                                  expenditure periods
------------------------------------------------------------------------
FY 2012..............  10/01/2011-9/30/2013.......  Regardless of the
                                                     date the award is
                                                     received, these
                                                     funds may be
                                                     expended by the
                                                     grantee for
                                                     obligations
                                                     incurred since
                                                     October 1, 2011.
                                                     The funds may be
                                                     expended through
                                                     September 30, 2013.
FY 2013..............  10/01/2012-9/30/2014.......  Regardless of the
                                                     date the award is
                                                     received, these
                                                     funds may be
                                                     expended by the
                                                     grantee for
                                                     obligations
                                                     incurred since
                                                     October 1, 2012.
                                                     The funds may be
                                                     expended through
                                                     September 30, 2014.
------------------------------------------------------------------------

    Re-allotted funds, if any, are available for expenditure until the 
end of the fiscal year following the fiscal year that the funds became 
available for re-allotment. FY 2012 grant funds that are made available 
to Tribes and Tribal organizations through re-allotment must be 
expended by the grantee no later than September 30, 2013.

[[Page 14389]]

III. Eligibility Information

    Tribes, Tribal organizations and nonprofit private organizations 
authorized by a Tribe, as defined in Section I of this announcement, 
are eligible for funding under this program. A Tribe has the option to 
authorize a Tribal organization or a nonprofit private organization to 
submit an application and administer the grant funds awarded under this 
grant (Section 309 (b)). Tribes may apply singularly or as a consortium 
with other Tribes.
DUNS Number Requirement
    Data Universal Numbering System (DUNS) Number is the nine-digit, or 
thirteen-digit (DUNS + 4), number established and assigned by Dun and 
Bradstreet, Inc. (D&B) to uniquely identify business entities.
    All applicants and sub-recipients must have a DUNS number at the 
time of application in order to be considered for a grant or 
cooperative agreement. A DUNS number is required whether an applicant 
is submitting a paper application or using the Government-wide 
electronic portal, www.Grants.gov. A DUNS number is required for every 
application for a new award or renewal/continuation of an award, 
including applications or plans under formula, entitlement, and block 
grant programs. A DUNS number may be acquired at no cost online at 
http://fedgov.dnb.com/webform. To acquire a DUNS number by phone, 
contact the D&B Government Customer Response Center:
    U.S. and U.S. Virgin Islands: 1-866-705-5711.
    Alaska and Puerto Rico: 1-800-234-3867 (Select Option 2, then 
Option 1).
    Monday-Friday 7 a.m. to 8 p.m., CST. The process to request a D-U-
N-S Number by telephone will take between 5 and 10 minutes.

Central Contractor Registration (CCR) Registration Requirement

    The Federal registrant database and repository into which an entity 
must provide information required for the conduct of business as a 
recipient. CCR, managed by the General Services Administration, 
collects, validates, stores, and disseminates data in support of agency 
financial assistance missions.
    Effective October 1, 2010, HHS requires all grantees that plan to 
apply for and ultimately receive Federal grant funds from any HHS 
Operating/Staff Division (OPDIV) or receive subawards directly from 
recipients of those grant funds to:
    <bullet> Be registered in the CCR prior to submitting an 
application;
    <bullet> Maintain an active CCR registration with current 
information at all times during which it has an active award or an 
application or plan under consideration by an OPDIV;
    <bullet> Provide its DUNS number in each application or plan it 
submits to the OPDIV.
    ACF is prohibited from making an award until an applicant has 
complied with these requirements. At the time an award is ready to be 
made, if the intended recipient has not complied with these 
requirements, ACF:
    <bullet> May determine that the applicant is not qualified to 
receive an award; and
    <bullet> May use that determination as a basis for making an award 
to another applicant.
    Additionally, all first-tier subaward recipients (i.e., direct 
subrecipient) must have a DUNS number at the time the subaward is made.
    CCR registration may be made online at www.ccr.gov or by phone at 
1-866-606-8220. CCR registration must be updated annually. CCR 
registration must be active and maintained with current information at 
all times during which an organization has an active award or an 
application under consideration. Applicants are strongly encouraged to 
register at the CCR well in advance of the application due date.

IV. Application Requirements

Content of Application Submission

    The content of the application should include the following in this 
order:
A. Cover Letter
    The cover letter of the application should include the following 
information:
    (1) The name of the Tribe, Tribal organization, or nonprofit 
private organization applying for the FVPSA grant and the mailing 
address.
    (2) The name of the Tribally Designated Official authorized to 
administer this grant, along with the telephone number, fax number, and 
email address.
    (3) The name of a Program Contact designated to administer 
coordination of the programming, including the telephone number, fax 
number, and email address.
    (4) The Employee Identification Number (EIN) of the applicant 
organization submitting the application.
    (5) The D-U-N-S number of the applicant organization submitting the 
application (see Section III. Eligibility).
    (6) The signature of the Tribally Designated Official (see Section 
I. Definitions).
B. Program and Project Description
    (1) A description of the service area(s) and population(s) to be 
served.
    (2) A description of the services to be provided with FVPSA funds.
C. Capacity
    A description of the applicant's operation of and/or capacity to 
carry out a FVPSA program. This might be demonstrated in ways such as 
the following:
    (1) The current operation of a shelter, safe house, or domestic and 
dating violence prevention program;
    (2) The establishment of joint or collaborative service agreements 
with a local public agency or a private non-profit agency for the 
operation of family violence, domestic violence, or dating violence 
activities or services; or
    (3) The operation of other social services programs.
D. Services To Be Provided
    A description of the activities and services to be provided, 
including:
    (1) How the grant funds will be used to provide shelter, supportive 
services, and prevention services.
    (2) How the services are designed to reduce family violence, 
domestic violence, and dating violence.
    (3) A plan describing how the organization will provide specialized 
services for children exposed to family violence, domestic violence, or 
dating violence.
    (4) An explanation of how the program plans to evaluate the 
services to determine effectiveness.
    (5) A description of how the funds are to be spent. For example, a 
half-time Domestic Violence Advocate and costs for transportation to 
shelter.
E. Involvement of Individuals and Organizations
    A description of the procedures designed to involve knowledgeable 
individuals and interested organizations in providing services under 
FVPSA. For example, knowledgeable individuals and interested 
organizations may include Tribal officials or social services staff 
involved in child abuse or family violence prevention, Tribal law 
enforcement officials, representatives of State or Tribal Domestic 
Violence Coalitions, and operators of domestic violence shelters and 
service programs.
F. Involvement of Community-Based Organizations
    (1) A description of how the applicant will involve community-based 
organizations, whose primary purpose is to provide culturally 
appropriate services to underserved populations.
    (2) A description of how these community-based organizations can 
assist the Tribe in addressing the unmet needs of such populations.

[[Page 14390]]

G. Current Signed Tribal Resolution
    A copy of a current Tribal resolution or an equivalent document 
that:
    (1) Covers the entirety of FY 2012, including a date when the 
resolution or equivalent document expires, which can be no more than 5 
years.
    (2) States that the Tribe or Tribal organization has the authority 
to submit an application on behalf of the individuals in the Tribe(s) 
and to administer programs and activities funded.

    Note: An applicant that received no funding in the immediately 
preceding fiscal year must submit a new Tribal resolution or its 
equivalent. An applicant funded as part of a consortium in the 
immediately preceding year that is now seeking funds as a single 
Tribe must also submit a new resolution or its equivalent. Likewise, 
an applicant funded as a single Tribe in the immediately preceding 
fiscal year that is now seeking funding as a part of a consortium 
must submit a new resolution or its equivalent.

H. Policies and Procedures
    Written documentation of the policies and procedures developed and 
implemented, including copies of the policies and procedures, to ensure 
that the safety and confidentiality of clients and their dependents 
served is maintained as described in Section I.
I. Assurances
    Each applicant must sign and include in the application as an 
attachment the assurances in Attachment A.
J. Certifications
    All applications must submit or comply with the required 
certifications found in Attachments B, C, and D, or online at: 
www.acf.hhs.gov/programs/ofs/forms.htm as follows:
    (1) Certification Regarding Lobbying (See Attachment B): Applicants 
must sign and return the certification with their application.
    (2) Standard Form (SF)-LLL Disclosure of Lobbying Activities: The 
filing of this form is required for each payment or agreement to make 
payment to any lobbying entity for influencing or attempting to 
influence an officer or employee of an agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with a covered Federal action. This disclosure form must 
be completed and filed by the reporting entity, whether subawardees or 
prime Federal recipient, at the initiation or receipt of a covered 
Federal action, or a material change to a previous filing, pursuant to 
Title 31 U.S.C. 1352. The SF-LLL is available at http://www.acf.hhs.gov/grants/grants_resources.html.

Formatting Requirements

    All application materials must be submitted on 8\1/2\'' x 11'' 
white paper with 1-inch margins. All pages of the paper application 
submission should be sequentially numbered.
    All elements of the application submission, with the exception of 
the Budget Justification, should be in double-spaced format in 12-point 
font. The Budget Justification should be single-spaced page in 12-point 
font.
    All copies of a mailed or hand delivered paper application should 
be submitted in a single package. The package should be clearly labeled 
for the specific funding opportunity it is addressing.
    Because each application will be duplicated, do not use or include 
separate covers, binders, clips, tabs, plastic inserts, maps, 
brochures, or any other items that cannot be processed easily on a 
photocopy machine with an automatic feed. Do not bind, clip, staple, or 
fasten in any way separate subsections of the application, including 
supporting documentation. Use a clip (not a staple) to securely bind 
the application together. Applicants are advised that the copies of the 
application submitted, not the original, will be reproduced by the 
Federal government for review. Application materials must be one-sided 
for duplication purposes.

Paperwork Reduction Disclaimer

    As required by the Paperwork Reduction Act, 44 U.S.C. 3501-3520, 
the public reporting burden for the project description is estimated to 
average 10 hours per response, including the time for reviewing 
instructions, gathering and maintaining the data needed, and reviewing 
the collection of information. The Project Description information 
collection is approved under OMB control number 0970-0280, which 
expires November 30, 2014. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

Intergovermental Review of Federal Programs

    The review and comment provisions of the Executive Order (E.O.) 
12372 and Part 100 do not apply. Federally recognized Tribes are exempt 
from all provisions and requirements of E.O. 12372.

Application Submission

    Applications should be sent or delivered to: Family Violence 
Prevention and Services Program, Family and Youth Services Bureau, 
Administration on Children, Youth and Families, Administration for 
Children and Families, Attention: Shena R. Williams, 1250 Maryland 
Avenue SW., Suite 8213, Washington, DC 20024.

V. Approval/Disapproval of an Application

    The Secretary of HHS shall approve any application that meets the 
requirements of FVPSA and this announcement. The Secretary shall not 
disapprove an application unless the Secretary gives the applicant 
reasonable notice of the Secretary's intention to disapprove and a 6-
month period providing an opportunity for correction of any 
deficiencies. The Secretary shall give such notice within 45 days after 
the date of submission of the application if any of the provisions of 
the application have not been satisfied. If the Tribe does not correct 
the deficiencies in such application within the 6-month period 
following the receipt of the Secretary's notice, the Secretary shall 
withhold payment of any grant funds to such Tribe until such date as 
the Tribe provides documentation that the deficiencies have been 
corrected.

VI. Reporting Requirements

Performance Progress Reports

    ACF grantees must submit a PPR using the standardized format 
provided by FVPSA and approved by OMB (0970-0280). This report will 
describe the grant activities carried out during the year, report the 
number of people served, and contain an evaluation of the effectiveness 
of such activities. Consortia grantees should compile the information 
into a comprehensive PPR for submission. A copy of the PPR is available 
on the FYSB Web site at: http://www.acf.hhs.gov/programs/fysb/content/forms/reportforms/fv/ACF_FYSB_FVPSA_Tribal_SF_PPR_v1_0.pdf.
    PPRs for Tribes and Tribal organizations are due on an annual basis 
at the end of the calendar year (December 30) and will cover from 
October 1 through September 30. PPRs should be sent to: Family Violence 
Prevention and Services Program, Family and Youth Services Bureau, 
Administration on Children, Youth and Families, Administration for 
Children and Families, Attention: Shena R. Williams, 1250 Maryland 
Avenue SW., Room 8213, Washington, DC 20024,

[[Page 14391]]

 Phone: (202) 205-5932, Email: <a href="/cdn-cgi/l/email-protection#b4e7dcd1dad59ae3ddd8d8ddd5d9c7f4d5d7d29adcdcc79ad3dbc2"><span class="__cf_email__" data-cfemail="23704b464d420d744a4f4f4a424e50634240450d4b4b500d444c55">[email protected]</span></a>.
Federal Financial Reports (FFR)
    Final program performance and financial reports are due 90 days 
after the close of the project period. Final reports may be mailed to: 
Nathanial (Morris) West, Division of Mandatory Grants, Office of Grants 
Management, Administration for Children and Families, 370 L'Enfant 
Promenade SW., 6th Floor, Washington, DC 20447, Phone: (202) 401-1230, 
Email: <a href="/cdn-cgi/l/email-protection#da94bbaeb2bbb4b3bfb6f48dbfa9ae9abbb9bcf4b2b2a9f4bdb5ac"><span class="__cf_email__" data-cfemail="f9b7988d919897909c95d7ae9c8a8db9989a9fd791918ad79e968f">[email protected]</span></a>.
    Further instructions will be provided, as necessary, with award 
terms and conditions that will address specific reporting periods and 
due dates on an award-by-award basis. Additional information on 
frequency of reporting is available on the ACF Funding Opportunities 
Web site at: http://www.acf.hhs.gov/grants/msg_sf425.html.
    Awards issued as a result of this funding opportunity announcement 
may be subject to the Transparency Act subaward and executive 
compensation reporting requirements of 2 CFR Part 170. See ACF's Award 
Term for Federal Financial Accountability and Transparency Act (FFATA) 
Subaward and Executive Compensation Reporting Requirement implementing 
this requirement and additional award applicability information.
    Failure to submit reports on time may be a basis for withholding 
grant funds, suspension, or termination of the grant. In addition, all 
funds reported after the obligation period will be recouped.
    Also note that a separate, quarterly financial report is required 
by the Division of Payment Management using the SF-425. The Division of 
Payment Management's online Payment Management System (PMS) is required 
for filing quarterly reports and is found at the following address: 
https://www.dpm.psc.gov. For further assistance, please call the DHHS 
helpline at 877-614-5533.

Federal Financial Accountability and Transparency Act (FFATA)

    HHS now requires program awards to adhere to the Subaward and 
Executive Compensation reporting requirements of ``the Transparency 
Act'' (as defined in 2 CFR Part 170). Under the Transparency Act, all 
subawards (as defined in 2 CFR Part 170) over $25,000 must be reported, 
unless exempted. Please see the newly applicable Award Term for Federal 
Financial Accountability and Transparency Act (FFATA) at the following 
URL: http://www.acf.hhs.gov/grants/award_term_ffata.html.''

VII. Administrative and National Policy Requirements

    Awards issued under this announcement are subject to the uniform 
administrative requirements and cost principles of 45 CFR part 74 
(Awards and Subawards to Institutions of Higher Education, Hospitals, 
Other Nonprofit Organizations, and Commercial Organizations) or 45 CFR 
part 92 (Grants and Cooperative Agreements to State, Local, and Tribal 
Governments). The Code of Federal Regulations (CFR) is available at 
http://www.gpo.gov.
    An application funded with the release of Federal funds through a 
grant award, does not constitute, or imply, compliance with Federal 
regulations. Funded organizations are responsible for ensuring that 
their activities comply with all applicable Federal regulations.

Equal Treatment for Faith-Based Organizations

    Grantees are also subject to the requirements of 45 CFR part 
87.1(c), Equal Treatment for Faith-Based Organizations, which says, 
``Organizations that receive direct financial assistance from the 
[Health and Human Services] Department under any Department program may 
not engage in inherently religious activities such as religious 
instruction, worship, or proselytization as part of the programs or 
services funded with direct financial assistance from the Department.'' 
Therefore, organizations must take steps to completely separate the 
presentation of any program with religious content from the 
presentation of the Federally funded program by time or location in 
such a way that it is clear that the two programs are separate and 
distinct. If separating the two programs by time but presenting them in 
the same location, one program must completely end before the other 
program begins.
    A faith-based organization receiving HHS funds retains its 
independence from Federal, State, and local governments, and may 
continue to carry out its mission, including the definition, practice, 
and expression of its religious beliefs. For example, a faith-based 
organization may use space in its facilities to provide secular 
programs or services funded with Federal funds without removing 
religious art, icons, scriptures, or other religious symbols. In 
addition, a faith-based organization that receives Federal funds 
retains its authority over its internal governance, and it may retain 
religious terms in its organization's name, select its board members on 
a religious basis, and include religious references in its 
organization's mission statements and other governing documents in 
accordance with all program requirements, statutes, and other 
applicable requirements governing the conduct of HHS funded activities.
    Regulations pertaining to the Equal Treatment for Faith-Based 
Organizations, which includes the prohibition against Federal funding 
of inherently religious activities, Understanding the Regulations 
Related to the Faith-Based and Neighborhood Partnerships Initiative'' 
are available at http://www.hhs.gov/partnerships/about/regulations/. 
Additional information, resources, and tools for faith-based 
organizations is available through The Center for Faith-based and 
Neighborhood Partnerships Web site at http://www.hhs.gov/partnerships/index.html and at the Administration for Children & Families: Toolkit 
for Faith-based and Community Organizations.

Requirements for Drug-Free Workplace

    The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) 
requires that all organizations receiving grants from any Federal 
agency agree to maintain a drug-free workplace. By signing the 
application, the Authorizing Official agrees that the grantee will 
provide a drug-free workplace and will comply with the requirement to 
notify ACF if an employee is convicted of violating a criminal drug 
statute. Failure to comply with these requirements may be cause for 
debarment. Government wide requirements for Drug-Free Workplace for 
Financial Assistance are found in 2 CFR part 182; HHS implementing 
regulations are set forth in 2 CFR part 382.400. All recipients of ACF 
grant funds must comply with the requirements in Subpart B--
Requirements for Recipients Other Than Individuals, 2 CFR part 382.225. 
The rule is available at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=18b5801410be6af416dc258873ffb7ec;rgn=div2;view=text;node=
20091112%3A1.1;idno=49;cc=ecfr.

Debarment and Suspension

    HHS regulations published in 2 CFR part 376 implement the 
government-wide debarment and suspension system guidance (2 CFR part 
180) for HHS' non-procurement programs and activities. ``Non-
procurement transactions'' include, among other things, grants, 
cooperative agreements, scholarships, fellowships, and loans. ACF 
implements the HHS Debarment and Suspension regulations as a term and 
condition of award.

[[Page 14392]]

    Grantees may decide the method and frequency by which this 
determination is made and may check the Excluded Parties List System 
(EPLS) located at https://www.epls.gov/, although checking the EPLS is 
not required. More information is available at http://www.acf.hhs.gov/grants/grants_resources.html.

Pro-Children Act

    The Pro-Children Act of 2001, 42 U.S.C. 7181 through 7184, imposes 
restrictions on smoking in facilities where federally funded children's 
services are provided. HHS grants are subject to these requirements 
only if they meet the Act's specified coverage. The Act specifies that 
smoking is prohibited in any indoor facility (owned, leased, or 
contracted for) used for the routine or regular provision of 
kindergarten, elementary, or secondary education or library services to 
children under the age of 18. In addition, smoking is prohibited in any 
indoor facility or portion of a facility (owned, leased, or contracted 
for) used for the routine or regular provision of federally funded 
health care, day care, or early childhood development, including Head 
Start services to children under the age of 18. The statutory 
prohibition also applies if such facilities are constructed, operated, 
or maintained with Federal funds. The statute does not apply to 
children's services provided in private residences, facilities funded 
solely by Medicare or Medicaid funds, portions of facilities used for 
inpatient drug or alcohol treatment, or facilities where WIC coupons 
are redeemed. Failure to comply with the provisions of the law may 
result in the imposition of a civil monetary penalty of up to $1,000 
per violation and/or the imposition of an administrative compliance 
order on the responsible entity.

VIII. Funding Restrictions

    Costs of organized fund raising, including financial campaigns, 
endowment drives, solicitation of gifts and bequests, and similar 
expenses incurred solely to raise capital or obtain contributions, are 
considered unallowable costs under grants awarded under this 
announcement.
    Construction is not an allowable activity or expenditure under this 
grant award.
    Purchase of real property is not an allowable activity or 
expenditure under this grant award.

IX. Other Information

    Appendices:

A. Assurances of Compliance with Grant Requirements
B. Certification Regarding Lobbying
C. Certification Regarding Environmental Tobacco Smoke

DATES: The application due date is April 20, 2012.

FOR FURTHER INFORMATION CONTACT: Shena R. Williams at (202) 205-5932 or 
email at <a href="/cdn-cgi/l/email-protection#df8cb7bab1bef188b6b3b3b6beb2ac9fbebcb9f1b7b7acf1b8b0a9"><span class="__cf_email__" data-cfemail="cb98a3aea5aae59ca2a7a7a2aaa6b88baaa8ade5a3a3b8e5aca4bd">[email protected]</span></a>.

Bryan Samuels,
Commissioner, Administration on Children, Youth and Families.

Appendix A

Assurances of Compliance With Grant Requirements

    The grantee certifies that it will comply with the following 
assurances under Section 301 of the Family Violence Prevention and 
Services Act (FVPSA), as amended by Section 201 of the CAPTA 
Reauthorization Act of 2010, Public Law 111-320, et seq. (cited 
herein by the applicable Section number only):
    (1) FVPSA grant funds will be used to provide shelter, 
supportive services, or prevention services to adult and youth 
victims of family violence, domestic violence, or dating violence, 
and their dependents (Section 308(b)(1)).
    (2) Not less than 70 percent of the funds distributed shall be 
for the primary purpose of providing immediate shelter and related 
supportive services as described in Section 308(b)(1)(A) to adults 
and youth victims of family violence, domestic violence, or dating 
violence as defined in Section 302(2), (3), (4), and their 
dependents (Section 308(b)(2)).
    (3) Not less than 25 percent of the funds distributed shall be 
for the purpose of providing supportive services and prevention 
services as described in Section 308(b)(1)(B) through (H), to 
victims of family violence, domestic violence, or dating violence, 
and their dependents (Section 308(b)(2)).
    (4) Grant funds will not be used as direct payment to any victim 
of family violence, domestic violence, or dating violence, or to any 
dependent of such victim (Section 308(d)(1)).
    (5) No income eligibility standard will be imposed on 
individuals with respect to eligibility for assistance or services 
supported with funds appropriated to carry out the FVPSA (Section 
306(c)(3)).
    (6) No fees will be levied for assistance or services provided 
with funds appropriated to carry out the FVPSA (Section 306(c)(3)).
    (7) The address or location of any shelter or facility assisted 
under the FVPSA that otherwise maintains a confidential location 
will, except with written authorization of the person or persons 
responsible for the operation of such shelter, not be made public 
(Section 306(c)(5)(H)).
    (8) Procedures are established to ensure compliance with the 
provisions of Section 306(c)(5) regarding non-disclosure of 
confidential or private information (Section 307(a)(2)(A)).
    (9) Pursuant to Section 306(c)(5), comply with the new FVPSA 
provisions regarding non-disclosure of confidential or private 
information. As such, the applicant will comply with additional 
requirements imposed by that section, which include, but are not 
limited to: (A) Grantees shall not disclose any personally 
identifying information collected in connection with services 
requested (including services utilized or denied), through grantee's 
funded activities, or reveal personally identifying information 
without informed, written, reasonably time-limited consent by the 
person about whom information is sought, whether for the FVPSA-
funded activities or any other Federal or State program (additional 
consent requirements have been omitted, but see Section 
306(c)(5)(B)(ii)(I) for further requirements); (B) grantees may not 
release information compelled by statutory or court order unless 
adhering to the requirements of Section 306(c)(5)(C); (C) grantees 
may share non-personally identifying information in the aggregate 
for the purposes enunciated in Section 306(c)(5)(D)(i) as well as 
for other purposes found in Section 306(c)(5)(D)(ii) and (iii).
    (10) Grant funds awarded to the Tribe under the FVPSA will be 
used in accordance with Section 306(c)(2) that prohibits 
discrimination on the basis of age, disability, sex, race, color, 
national origin, or religion.
    (11) Funds made available under the FVPSA will be used to 
supplement and not supplant other Federal, State, and local public 
funds expended to provide services and activities that promote the 
objectives of FVPSA (Section 306(c)(6)).
    (12) Receipt of supportive services under FVPSA will be 
voluntary. No condition will be applied for the receipt of emergency 
shelter (Section 308 (d)(2)).
    (13) The Tribe has a law or procedure to bar an abuser from a 
shared household or a household of the abused person, which may 
include eviction laws or procedures (Section 307(a)(2)(H)).

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Tribally Designated Official
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Tribe or Tribal Organization
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Title

Appendix B

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 an 
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

[[Page 14393]]

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.

Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with this 
commitment providing for the United States to insure or guarantee a 
loan, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions. Submission of this statement is a prerequisite for 
making or entering into this transaction imposed by section 1352, 
Title 31, U.S. Code. Any person who fails to file the required 
statement shall be subject to a civil penalty of not less than 
$10,000 and not more than $100,000 for each such failure.

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Signature
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Title
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Organization

Appendix C

Certification Regarding Environmental Tobacco Smoke

    The Pro-Children Act of 2001, 20 U.S.C. 7181--7184, imposes 
restrictions on smoking in facilities where Federally funded 
children's services are provided. HHS grants are subject to these 
requirements only if they meet the Act's specified coverage. The Act 
specifies that smoking is prohibited in any indoor facility (owned, 
leased, or contracted for) used for the routine or regular provision 
of kindergarten, elementary, or secondary education or library 
services to children under the age of 18. In addition, smoking is 
prohibited in any indoor facility or portion of a facility (owned, 
leased, or contracted for) used for the routine or regular provision 
of Federally funded health care, day care, or early childhood 
development, including Head Start services to children under the age 
of 18. The statutory prohibition also applies if such facilities are 
constructed, operated, or maintained with Federal funds. The statute 
does not apply to children's services provided in private 
residences, facilities funded solely by Medicare or Medicaid funds, 
portions of facilities used for inpatient drug or alcohol treatment, 
or facilities where WIC coupons are redeemed. Failure to comply with 
the provisions of the law may result in the imposition of a civil 
monetary penalty of up to $1,000 per violation and/or the imposition 
of an administrative compliance order on the responsible entity.
[FR Doc. 2012-5824 Filed 3-8-12; 8:45 am]
BILLING CODE 4183-2U-P


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