20096 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

regard to post-Conference events, letters

of intent may be submitted until June

30, 1995. Reports from these events and

public comments will now be accepted

until November 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Karen Goldmeier, White House

Conference on Aging, 501 School Street,

SW, 8th Floor, Washington, DC 20024–

2755, phone (202) 245–7116.

Dated: April 18, 1995.

Fernando M. Torres-Gil,

Assistant Secretary for Aging.

[FR Doc. 95–9963 Filed 4–21–95; 8:45 am]

BILLING CODE 4130–02–M

Administration for Children and

Families

[Program Announcement No. 93630–95–1]

Administration on Developmental

Disabilities: Availability of Financial

Assistance for American Indian

Consortiums to Provide Protection and

Advocacy Services for Fiscal Year

1995

AGENCY: Administration on

Developmental Disabilities (ADD),

Administration for Children and

Families (ACF), Department of Health

and Human Services (DHHS).

ACTION: Announcement of the

availability of funds for American

Indian Consortiums to provide

Protection and Advocacy (P&A) services

for Fiscal Year 1995.

SUMMARY: The Administration on

Developmental Disabilities,

Administration for Children and

Families, announces the availability of

fiscal year 1995 funding for two

American Indian Consortiums.

Financial funding provided by ADD to

American Indian Consortiums is

designed to provide P&A services to

Native Americans with developmental

disabilities.

DATES: The closing date for submittal of

applications is June 8, 1995.

ADDRESSES: Applications should be

mailed to: Administration on

Developmental Disabilities,

Administration for Children and

Families, Department of Health and

Human Services, Room 329–D, HHH

Building, 200 Independence Avenue

SW., Washington, DC 20201, Attn:

93.630–95–1 American Indian

Consortium.

Hand delivered applications are

accepted during the normal working

hours of 8 a.m. to 4:30 p.m. Monday

through Friday, on or prior to the

established closing date at the above

address.

FOR FURTHER INFORMATION CONTACT:

Isadora Wills, Division of Program

Operations, Administration on

Developmental Disabilities, (202) 690–

5791.

SUPPLEMENTARY INFORMATION:

Part I. Program Purpose

The Administration on

Developmental Disabilities is the lead

agency within ACF and DHHS

responsible for planning and

administering programs which promote

the self-sufficiency and protect the

rights of individuals with

developmental disabilities.

The 1994 Amendments (Pub. L. 103–

230) to the Developmental Disabilities

Assistance and Bill of Rights Act (42

U.S.C. 6000 et seq.) (the Act) authorizes

assistance to States and public and

private nonprofit agencies and

organizations to assure that individuals

with developmental disabilities and

their families participate in the design

of and have access to culturally

competent services, supports, and other

assistance and opportunities that

promote independence, productivity

and integration and inclusion into the

community.

Programs Funded Under the Act Are:

• Federal assistance to State

developmental disabilities councils;

• State system for the protection and

advocacy of individual rights;

• Grants to university affiliated

programs for interdisciplinary training,

exemplary services, technical

assistance, and information

dissemination; and

• Grants for Projects of National

Significance.

Part II. General Information for P&A

Consortium

Based on section 142(b) of the Act (42

U.S.C. 6042(b)), an American Indian

Consortium established to provide

protection and advocacy services under

Part C of the Act may submit an

application to the Secretary to receive

funding pursuant to section 142(c)(5).

Such consortium shall coordinate

activities with existing P&A systems.

Currently, the States’ have difficulties

which prohibit the P&A systems from

adequately serving large populations of

American Indians who reside in

isolated, expansive reservations. Despite

their efforts, P&A systems in these

States have not been able to overcome

linguistic, geographic and cultural

barriers in order to provide adequate

protection and advocacy services to

these populations. The American Indian

Consortium will help alleviate this

problem by allowing certain tribes to

join together and apply to the Secretary

for a Consortium award similar to those

received by the territories. It is expected

that the Consortium, when established,

will work cooperatively with the

existing P&A systems in the States

where the Consortium operates and

develop cooperative agreements on how

to best serve Native Americans with

developmental disabilities.

For the purpose of this announcement

an American Indian Consortium is ‘‘any

confederation of two or more recognized

American Indian tribes, created through

the official action of each participating

tribe, that has a combined total resident

population of 150,000 enrolled tribal

members and a contiguous territory of

Indian lands in two or more States.’’

(section 102(1) (42 U.S.C. 6001(1)).

Part III. P&A Description and

Requirements for Consortiums

A. Under the Act categorical grants

are made to States and American Indian

Consortiums for the protection and

advocacy of individual rights through

P&A systems. Systems must advocate on

behalf of, and provide services to, all

persons who are or who may be eligible

for treatment, services, or habilitation,

or who are being considered for a

change in living arrangements. The P&A

systems have been expanding their

efforts on behalf of institutionalized

people, with special attention on behalf

of minorities and other traditionally

underserved populations. Typically,

these systems provide direct services to

clients during a fiscal year, and also

provide information and referral

services to others. Assistance is

provided for education, habilitation

services, financial entitlement, consent,

architectural barriers removal, day care,

employment, rights or privacy, abuse

and neglect cases, sterilization,

transportation, voting and zoning.

B. Statutory Authority

The Developmental Disabilities

Assistance and Bill of Rights Act, as

amended, 42 U.S.C. 6000 et seq.

C. Funding Period

In Fiscal Year 1995, ADD has set aside

approximate $272,322 for funding two

American Indian Consortiums. Each

grant will be approximate $136,161. As

specified in 45 CFR 1386.2 of the ADD

regulations, Fiscal Year 1995 funds

must be obligated by September 30,

1996. These funds must be liquidated by

September 30, 1997, in accordance with

45 CFR 1386.3 of the ADD regulations.

Funding is authorized through Fiscal

Year 1996.
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20097

Part IV. Specific Responsibilities of the

Applicant

An applicant under this

announcement must:

A. Provide the resolutions from the

participating tribes designating the

applicant to operate the Protection and

Advocacy system, to receive the federal

funds available for this program, and to

be responsible for reporting and

accounting for such funds to ADD.

B. Indicate that the System shall have

the authority to:

1. Pursue legal, administrative, and

other appropriate remedies or

approaches to ensure the protection of,

and advocacy for, the rights of

individuals with developmental

disabilities within the exterior

boundaries of the Tribes who are or who

may be eligible for treatment, services,

or habilitation, or who are being

considered for a change in living

arrangements, with particular attention

to enrolled members of the Tribes

(142(a)(2)(A)(i));

2. Provide information on and referral

to programs and services addressing the

needs of persons with developmental

disabilities (142(a)(2)(A)(ii));

3. Investigate incidents of abuse and

neglect of persons with developmental

disabilities if the incidents are reported

to the system or if there is probable

cause to believe that the incidents

occurred (142(a)(2)(B)); and

4. Educate policymakers

(142(a)(2)(K)).

C. Specify that the system, on an

annual basis:

1. Develops a statement of objectives

and priorities for the system’s activities

(142(a)(2)(C)); and

2. Provide to the public including

individuals with developmental

disabilities attributable to either

physical impairment, mental

impairments, and their representatives,

as appropriate, or a combination of

physical or mental impairments, nonTribal agency representatives, and nonState agency representatives of the State

Developmental Disabilities Council, and

the university affiliated program (if

applicable within a State,) an

opportunity to comment on—

(a) The objectives and priorities

established by the system and the

rationale for the establishment of such

objectives; and

(b) The activities of the system,

including the coordination with the

advocacy programs under the

Rehabilitation Act of 1973, the Older

Americans Act of 1965, and the

Protection and Advocacy for Mentally

Ill Individual Act of 1986 and with

other related programs, including the

parent training and information centers,

education ombudsman programs and

assistive technology projects

(142(a)(2)(D)).

D. Demonstrate that the system:

1. Has or will establish a grievance

procedure for clients or prospective

clients of the system to assure that

persons with developmental disabilities

have full access to services of the system

(142(a)(2)(E));

2. Is not being administered by the

State Developmental Disabilities

Council authorized under Part B

(142(a)(2)(F));

3. Is independent of any agency

which provides treatment, services, or

habilitation to individuals with

developmental disabilities

(142(a)(2)(G));

4. Has access at reasonable times and

locations to any resident who is an

individual with a developmental

disability in a facility that is providing

services, supports, and other assistance

to such a resident (142(a)(2)(H));

5. Has access to all records of—

(a) Any individual with

developmental disabilities who is a

client of the system if such individual,

or the legal guardian, conservator, or

other legal representative of such

individual, has authorized the system to

have such access (142(a)(2)(I)(i));

(b) Any individual with

developmental disabilities—

(i) Who, by reason of such

individual’s mental or physical

condition, is unable to authorize the

system to have access (142(a)(2)(I)(ii)(I));

(ii) Who does not have a legal

guardian, conservator, or other legal

representative, or for whom the legal

guardian is the Tribe (142(a)(2)(I)(ii)(II));

and

(iii) With respect to whom a

complaint has been received by the

system or with respect to whom as a

result of monitoring or other activities

there is probable cause to believe that

such individual has been subject to

abuse or neglect (142(a)(2)(I)(ii)(III)); and

(c) Any individual with a

developmental disability who has a

legal guardian, conservator, or other

legal representative with respect to

whom a complaint has been received by

the system or with respect to whom

there is probable cause to believe the

health or safety of the individual is in

serious and immediate jeopardy

whenever—

(i) Such representative has been

contacted by the system upon receipt of

the name and address of such

representative (142(a)(2)(I)(iii)(I));

(ii) The system has offered assistance

to such representative to resolve the

situation (142(a)(2)(I)(iii)(II)); and

(iii) Such representative have failed or

refused to act on behalf of the

individual (142(a)(2)(I)(iii)(III));

6. Has hired and maintains sufficient

numbers and types of staff, qualified by

training and experience, to carry out

such system’s function except that such

system shall not apply hiring freezes,

reductions in force, or prohibitions on

staff travel, or other policies, to the

extent that such policies would impact

staff or functions funded with Federal

funds and would prevent the system

from carrying out its functions under

the Act (142(a)(2)(J));

7. Will provide assurances to the

Secretary that funds awarded to the

consortium under this section will be

used to supplement and increase the

level of funds that would otherwise be

made available for the purposes for

which Federal funds are provided and

not to supplant such non-Federal funds

(142(a)(2)(L)); and

8. Will submit to: Administration on

Developmental Disabilities, Division of

Program Operation, Room 329–D, HHH

Building, 200 Independence Avenue,

SW, Washington, DC 20201 the

following reports: Financial status

reports (269s) bi-annually, Program

Performance Report (PPRs) annually

and the Statement of Objectives and

Priorities (SOPs) annually.

E. Describe how the system will

assure that a multimember governing

board is selected according to the

policies and procedures of the system

except that—

1. The governing board shall be

composed of members who broadly

represent or are knowledgeable about

the needs of the individuals served by

the system and include individuals with

developmental disabilities who are

eligible for services, or have received or

are receiving services, or parents, family

member, guardians, advocates, or

authorized representative of such

individuals;

2. Not more than 1⁄3 of the

membership of the governing board may

be appointed by the chief executive

officers of the tribes involved, in the

case of any tribe in which such officer

has the authority to appoint the

membership of the board; and

3. Any vacancy in the board shall be

filled not later than 60 days after the

date on which the vacancy occurs.

Part V. Intergovernmental Review of

Federal Programs

This program is covered by the State

Plan Consolidation Section of E.O.

12372, but is excluded from

intergovernmental consultation review.
20098 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

Part VI. The Application Process

A. Application Submission

To be considered as an applicant for

an allotment, interested Consortiums

must submit an application to the

Administration for Children and

Families at the address specified in the

Program Announcement. There is no

application kit; the Consortium’s

applications may be in a format chosen

by the applicant. It must, however

contain resolutions from two or more

tribes and be signed by an individual

authorized to act for the applicant and

to assume responsibility for the

obligations imposed by the terms and

conditions of the grant award and

contain the following:

1. The name and Employer

Identification Number (EIN) of the

agency designated by the Tribes to

implement the Protection and Advocacy

system.

2. The name address, and telephone

number of the director of the system or

a contact person, if different from the

director.

3. Assurances that:

a. One signed original and two copies

of the application including all

attachments, have been submitted on or

before June 8, 1995 to: Administration

on Developmental Disabilities,

Administration for Children and

Families, Department of Health and

Human Services, Room 329–D, HHH

Building, 200 Independence Avenue

SW., Washington, DC 20201, Attn:

93.630–95–1 American Indian

Consortium.

b. Not more than five percent of the

total funds will be used for monitoring

the administration of the system.

4. Appropriate Certifications:

a. Non-Profit Status. Any non-profit

organization submitting an application

must submit proof of its non-profit

status in its application at the time of

submission. The non-profit agency can

accomplish this by providing a copy of

the applicant’s listing in the Internal

Revenue Service’s (IRS) most recent list

of tax-exempt organizations described in

section 501(c)(3) of the IRS code or by

providing a copy of the currently valid

IRS tax exemption certificate, or by

providing a copy of the articles of

incorporation bearing the seal of the

State in which the corporation or

association is domiciled.

b. Applicants requesting financial

assistance for a non-construction project

must file the Standard Form 424B,

‘‘Assurances: Non-Construction

Programs.’’ Applicants must sign and

return the Standard Form 424B with

their applications.

c. Lobbying. Prior to receiving an

award in excess of $100,000, applicants

shall furnish an executed copy of the

lobbying certification. Applicants must

sign and return the certification with

their applications.

d. Compliance with the Drug-Free

Workplace Act of 1988. By signing and

submitting the applications, applicants

are providing the certification and need

not mail back the certification with the

applications.

c. Debarment, suspension or

otherwise ineligible for award. By

signing and submitting the applications,

applicants are providing the

certification and need not mail back the

certification with the applications.

Copies of the certifications and

assurance are located at the end of this

announcement.

d. Certification regarding

environmental tobacco smoke. By

signing and submitting this application

the applicant/grantee certifies that it

will comply with the requirements of

the Act. The applicant/grantee 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

subgrantees shall certify accordingly.

B. Application Consideration

The Commissioner of the

Administration on Developmental

Disabilities determines the final action

to be taken with respect to each

application received under this

announcement. The following points

should be taken into consideration by

all applicants:

• Incomplete applications and

applications that do not conform to this

announcement will not be accepted for

review. Applicants will be notified in

writing of any such determinations by

ADD.

• The Commissioner’s funding

decision takes into account the analysis

of the application, recommendation and

comments of the Federal reviewing

officials.

• The Commissioner makes grant

awards consistent with the purpose of

the Act, all relevant statutory and

regulatory requirements, this program

announcement, and the availability of

funds.

Part VII. Review Process and Criteria

Applications submitted by the closing

date and verified by the postmark under

this program announcement will

undergo a pre-review to determine:

• That the applicant is eligible in

accordance with the definition of an

American Indian Consortium in Part II;

and

• That the application forms and

materials submitted are adequate to

allow an indepth evaluation (all

required materials and forms are

included in this announcement)

Competing application from

Consortiums will be reviewed and

evaluated against the following criteria.

A. Objectives and Priorities (60 points)

The applicant’s description of

objectives and priorities to be

established. Information provided in

response to the items under Part IV of

this announcement ‘‘Specific

Responsibilities of the Applicant’’ will

be used to review and evaluate

applications.

B. Approach (40 points)

The applicants description of the

system’s operations/approach toward

accomplishing the objectives and

priorities. Evidence of the applicant’s

ability to manage a P&A System is well

defined.

Part VII. Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1980, Pub. L. 96–511, the Department

is required to submit to the Office of

Management and Budget (OMB) for

review and approval any reporting and

recordkeeping requirements in

regulations including program

announcements. This program

announcement does not contain

information collection requirement

beyond those approved for ADD.

Part VIII. Receipt of Applications

Applications shall be considered as

meeting an announced deadline if they

are either:

1. Received on or before the deadline

date at the Office specified in this

announcement; or

2. Sent on or before the deadline date

and received by ACF in time for the

review. (Applicants are cautioned to

request a legibly dated U.S. Postal

Service postmark or to obtain a legibly

dated receipt from a commercial carrier

of U.S. Postal Services. Private metered

postmarks shall not be acceptable as

proof of timely mailing).

A. Late Applications

Applications which do not meet the

criteria stated above are considered late

applications. ACF/ADD shall notify

each late applicant that its application

will not be considered in the

competition.

B. Extension of Deadlines

ACF may extend the deadline for all

applicants due to acts of God, such as

floods, hurricanes or earthquakes; or
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20099

when there is a widespread disruption

of the mails. However, if the granting

agency does not extend the deadline for

all applicants, it may not waive or

extend the deadline for any applicant.

C. Effective Date

We anticipate that successful

applications shall be funded no later

than June 30, 1995.

(Catalog of Federal Domestic Assistance

Program Number 93.630 Developmental

Disabilities—Protection and Advocacy

Program)

Dated: April 17, 1995.

Bob Williams,

Commissioner, Administration on

Developmental Disabilities.

Attachment A—Assurances—NonConstruction Programs

Note: Certain of these assurances may not

be applicable to your project or program. If

you have questions, please contact the

awarding agency. Further, certain Federal

awarding agencies may require applicants to

certify to additional assurances. If such is the

case, you will be notified.

As the duly authorized representative of

the applicant I certify that the applicant:

1. Has the legal authority to apply for

Federal assistance, and the institutional,

managerial and financial capability

(including funds sufficient to pay the nonFederal share of project costs) to ensure

proper planning, management and

completion of the project described in this

application.

2. Will give the awarding agency, the

Comptroller General of the United States, and

if appropriate, the State, through any

authorized representative, access to and the

right to examine all records, books, papers,

or documents related to the award; and will

establish a proper accounting system in

accordance with generally accepted

accounting standards or agency directives.

3. Will establish safeguards to prohibit

employees from using their positions for a

purpose that constitutes or presents the

appearance of personal or organizational

conflict of interest, or personal gain.

4. Will initiate and complete the work

within the applicable time frame after receipt

of approval of the awarding agency.

5. Will comply with the Intergovernmental

Personnel Act of 1970 (42 U.S.C. §§ 4728–

4763) relating to prescribed standards for

merit systems for programs funded under one

of the nineteen statutes or regulations

specified in Appendix A of OPM’s Standards

for a Merit System of Personnel

Administration (5 CFR 900, Subpart F).

6. Will comply with all Federal statutes

relating to nondiscrimination. These include

but are not limited to: (a) Title VI of the Civil

Rights Act of 1964 (P.L. 88–352) which

prohibits discrimination on the basis of race,

color or national origin; (b) Title IX of the

Education Amendments of 1972, as amended

(20 U.S.C. §§ 1681–1683, and 1685–1686),

which prohibits discrimination on the basis

of sex; (c) Section 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. § 794),

which prohibits discrimination on the basis

of handicaps; (d) the Age Discrimination Act

of 1975, as amended (42 U.S.C. §§ 1601–

6107), which prohibits discrimination on the

basis of age; (e) the Drug Abuse Office and

Treatment Act of 1972 (P.L. 92–255), as

amended, relating to nondiscrimination on

the basis of drug abuse; (f) the

Comprehensive Alcohol Abuse and

Alcoholism Prevention. Treatment and

Rehabilitation Act of 1970 (P.L. 91–616), as

amended, relating to nondiscrimination on

the basis of alcohol abuse or alcoholism; (g)

§§ 523 and 527 of the Public Health Service

Act of 1912 (42 U.S.C. 290 dd–3 and 290 ee–

3), as amended, relating to confidentiality of

alcohol and drug abuse patient records; (h)

Title VIII of the Civil Rights Act of 1968 (42

U.S.C. § 3601 et seq.), as amended, relating to

nondiscrimination in the sale, rental or

financing of housing; (i) any other

nondiscrimination provisions in the specific

statute(s) under which application for

Federal assistance is being made; and (j) the

requirements of any other nondiscrimination

statute(s) which may apply to the

application.

7. Will comply, or has already complied,

with the requirements of Titles II and III of

the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970

(P.L. 91–646) which provide for fair and

equitable treatment of persons displaced or

whose property is acquired as a result of

Federal or federally assisted programs. These

requirements apply to all interests in real

property for project purposes regardless of

Federal participation in purchases.

8. Will comply with the provisions of the

Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–

7328) which limit the political activities of

employees whose principal employment

activities are funded in whole or in part with

Federal funds.

9. Will comply, as applicable, with the

provisions of the Davis-Bacon Act (40 U.S.C.

§§ 276a to 276a–7), the Copeland Act (40

U.S.C. § 276c and 18 U.S.C. §§ 874), and the

Contract Work Hours and Safety Standards

Act (40 U.S.C. §§ 327–333), regarding labor

standards for federally assisted construction

subagreements.

10. Will comply, if applicable, with flood

insurance purchase requirements of Section

102(a) of the Flood Disaster Protection Act of

1973 (P.L. 93–234) which requires recipients

in a special flood hazard area to participate

in the program and to purchase flood

insurance if the total cost of insurable

construction and acquisition is $10,000 or

more.

11. Will comply with environmental

standards which may be prescribed pursuant

to the following: (a) institution of

environmental quality control measures

under the National Environmental Policy Act

of 1969 (P.L. 91–190) and Executive Order

(EO) 11514; (b) notification of violating

facilities pursuant to EO 11738; (c) protection

of wetlands pursuant to EO 11990; (d)

evaluation of flood hazards in floodplains in

accordance with EO 11988; (e) assurance of

project consistency with the approved State

management program developed under the

Coastal Zone Management Act of 1972 (16

U.S.C. §§ 1451 et seq.); (f) conformity of

Federal actions to State (Clear Air)

Implementation Plans under Section 176(c)

of the Clear Air Act of 1955, as amended (42

U.S.C. § 7401 et seq.); (g) protection of

underground sources of drinking water under

the Safe Drinking Water Act of 1974, as

amended, (P.L. 93–523); and (h) protection of

endangered species under the Endangered

Species Act of 1973, as amended, (P.L. 93–

205).

12. Will comply with the Wild and Scenic

Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)

related to protecting components or potential

components of the national wild and scenic

rivers system.

13. Will assist the awarding agency in

assuring compliance with Section 106 of the

National Historic Preservation Act of 1966, as

amended (16 U.S.C. 470), EO 11593

(identification and protection of historic

properties), and the Archaeological and

Historic Preservation Act of 1974 (16 U.S.C.

469a–1 et seq.).

14. Will comply with P.L. 93–348

regarding the protection of human subjects

involved in research, development, and

related activities supported by this award of

assistance.

15. Will comply with the Laboratory

Animal Welfare Act of 1966 (P.L. 89–544, as

amended, 7 U.S.C. 2131 et seq.) pertaining to

the care, handling, and treatment of warm

blooded animals held for research, teaching,

or other activities supported by this award of

assistance.

16. Will comply with the Lead-Based Paint

Poisoning Prevention Act (42 U.S.C. §§ 4801

et seq.) which prohibits the use of lead based

paint in construction or rehabilitation of

residence structures.

17. Will cause to be performed the required

financial and compliance audits in

accordance with the Single Audit Act of

1984.

18. Will comply with all applicable

requirements of all other Federal laws,

executive orders, regulations and policies

governing this program.

lllllllllllllllllllll

Signature of Authorized Certifying Official

lllllllllllllllllllll

Title

lllllllllllllllllllll

Applicant Organization

Date Submitted lllllllllllll

Attachment 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 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,
20100 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative

agreement.

(2) If any funds other than Federal

appropriated funds have been paid or will be

paid to any person for influencing or

attempting to influence an officer or

employee of any agency, a Member of

Congress, an officer or employee of Congress,

or an employee of a Member of Congress in

connection with this Federal contract, grant,

loan or cooperative agreement, the

undersigned shall complete and submit

Standard Form–LLL, ‘‘Disclosure Form to

Report Lobbying,’’ in accordance with its

instructions.

(3) The undersigned shall require that the

language of this certification be included in

the award documents for all subawards at all

tiers (including subcontracts, subgrants, and

contracts under grants, loans, and

cooperative agreements) and that all

subrecipients shall certify and disclose

accordingly.

This certification is a material

representation of fact upon which reliance

was placed when this transaction was made

or entered into. Submission of this

certification is a prerequisite for making or

entering into this transaction imposed by

section 1352, title 31, U.S. Code. Any person

who fails to file the required certification

shall be subject to a civil penalty of not less

than $10,000 and not more than $100,000 for

each such failure.

State for Loan Guarantee and Loan Insurance

The undersigned states, to the best of his

or her knowledge and belief, that:

If any funds have been paid or will be paid

to any person for influencing or attempting

to influence an officer or employee of any

agency, a Member of Congress, an officer or

employee of Congress, or an employee of a

Member of Congress in connection with this

commitment providing for the United States

to insure or guarantee a loan, the

undersigned shall complete and submit

Standard Form-LLL ‘‘Disclosure Form to

Report Lobbying,’’ in accordance with its

instructions.

Submission of this statement is a

prerequisite for making or entering into this

transaction imposed by section 1352, title 31,

U.S. Code. Any person who fails to file the

required statement shall be subject to a civil

penalty of not less than $10,000 and not more

than $100,000 for each such failure.

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Signature

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Title

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Organization

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Date

BILLING CODE 4184–01–P
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20101
20102 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20103

BILLING CODE 4484–01–C
20104 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

Attachment D—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.

Certificaiton Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion-Lower Tier Covered Transactions

(To Be Supplied to Lower Tier Participants)

By signing and submitting this lower tier

proposal, the prospective lower tier

participant, as defined in 45 CFR Part 76,

certifies to the best of its knowledge and

belief that it and its principals:

(a) are not presently debarred, suspended,

proposed for debarment, declared ineligible,

or voluntarily excluded from participation in

this transaction by any federal department or

agency.

(b) where the prospective lower tier

participant is unable to certify to any of the

above, such prospective participant shall

attach an explanation to this proposal.

The prospective lower tier participant

further agrees by submitting this proposal

that it will include this clause entitled

‘‘certification Regarding Debarment,

Suspension, Ineligibility, Voluntary

Exclusion-Lower Tier Covered Transactions.

‘‘without modification in all lower tier

covered transactions and in all solicitations

for lower tier covered transactions.

Attachment E—Certification Regarding

Environmental Tobacco Smoke

Public Law 103–227, Part C-Environmental

Tobacco Smoke, also known as the ProChildren 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 an administrative compliance

order on the responsible entity.

By signing and submitting this application

the applicant/grantee certifies that it will

comply with the requirements of the Act. The

applicant/grantee 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

subgrantees shall certify accordingly.

[FR Doc. 95–10029 Filed 4–21–95; 8:45 am]

BILLING CODE 4184–01–P

Food and Drug Administration

Request for Nominations for Members

on Public Advisory Committees; Food

Advisory Committee

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is requesting

nominations for members to serve on

the Food Advisory Committee (the

Committee) in FDA’s Center for Food

Safety and Applied Nutrition.

Nominations will be accepted for

current vacancies and vacancies that

will or may occur on the Committee

during the next 12 months.

FDA has special interest in ensuring

that women, minority groups, and the

physically handicapped are adequately

represented on advisory committees

and, therefore, extends particular

encouragement to nominations for

appropriately qualified female,

minority, or physically handicapped

candidates. Final selection from among

qualified candidates for each vacancy

will be determined by the expertise

required to meet specific agency needs

and in a manner to ensure appropriate

balance of membership.

DATES: Nominations should be received

by May 24, 1995.

ADDRESSES: All nominations for

membership, except for consumernominated members, should be sent to

Catherine M. DeRoever (address below).

All nominations for the consumernominated members should be sent to

Martha F. Waugh or Annette J. Funn

(address below).

FOR FURTHER INFORMATION CONTACT:

Regarding all nominations for

membership, except for consumernominated members: Catherine M.

DeRoever, Center for Food Safety

and Applied Nutrition (HFS–22),

Food and Drug Administration, 200

C St. SW., Washington, DC 20204,

202–205–4251.

Regarding all nominations for

consumer-nominated members:

Martha F. Waugh or Annette J.

Funn, Office of Consumer Affairs

(HFE–20), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–443–

5006.

SUPPLEMENTARY INFORMATION: FDA is

requesting nominations for members to

serve on the advisory committee listed

below. Individuals should have

expertise in the activity of the

Committee. Eight vacancies will occur

June 30, 1995.

Food Advisory Committee

The Committee provides advice

primarily to the Director, Center for food

Safety and Applied Nutrition, and as

needed, to the Commissioner of Food

and Drugs, and other appropriate

officials, on emerging food safety, food

science, and nutrition issues that FDA

considers of primary importance in the

next decade. The Committee also

provides advice and makes

recommendations on ways of

communicating to the public the

potential risks associated with these

issues and recommends approaches to

be considered in addressing them.

Criteria for Members

Persons nominated for membership

on the Committee shall be

knowledgeable in the fields of life

sciences, food science, risk assessment,

or other relevant scientific disciplines.

The Committee may include technically

qualified members who are identified