[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Pages 2769-2780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-614]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Community Services
[Program Announcement No. OCS 95-04]


Family Violence Prevention and Services Program

AGENCY: Office of Community Services, Administration for Children and 
Families, (ACF), Department of Health and Human Services.

ACTION: Notice of the availability of funding to States and Native 
American Tribes and Tribal organizations for family violence prevention 
and services.

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SUMMARY: This announcement governs the proposed award of fiscal year 
(FY) 1995 formula grants under the Family Violence Prevention and 
Services Act to States (including Territories and Insular Areas) and 
Native American Tribes and Tribal organizations. The purpose of these 
grants is to assist in establishing, maintaining, and expanding 
programs and projects to prevent family violence and to provide 
immediate shelter and related assistance for victims of family violence 
and their dependents.
    This announcement also specifies a new expenditure period for these 
funds and sets forth the application process and requirements for 
grants to be awarded for FY 1996 through FY 2000.

CLOSING DATES FOR APPLICATIONS: Applications for FY 1995 family 
violence grant awards meeting the criteria specified in this 
announcement must be received at the address specified below by March 
13, 1995. Grant applications for FY 1996 through FY 2000 should be 
received at the address specified below by November 15 of each 
following fiscal year.

ADDRESSES: Applications should be sent to: Office of Community 
Services, Administration for Children and Families, Attn: William D. 
Riley, 5th Floor, West Wing, 370 L'Enfant Promenade, SW., Washington, 
DC 20447.

FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529 or Al 
M. Britt (202) 401-5453.

SUPPLEMENTARY INFORMATION:

Introduction

    This notice for family violence prevention and services grants to 
States and Indian tribes serves two purposes. The first is to confirm a 
Federal commitment to reducing family and intimate violence and to urge 
States, localities, cities, and the private sector to become involved 
in State and local planning efforts leading to the development of a 
more comprehensive and integrated service delivery approach (Part I). 
The second purpose is to provide information on application 
requirements for FY 1995 grants to States and Indian tribes. These 
funds will support prevention activities, shelters, and related 
services for battered women and their children (Part II).

Part I. Reducing Family and Intimate Violence Through Coordinated 
Prevention and Services Strategies

A. The Importance of Coordination of Services

    A person facing family or intimate violence may need more than 
immediate medical care and shelter. Assured protection and effective 
support are essential to end ongoing abuse.
    The effects of domestic violence may manifest themselves in varying 
forms, including: substance abuse, hopelessness, arrest, felony 
charges, mental health concerns, injuries, lost time at work, child 
abuse, and welfare dependence. When programs that seek to address these 
issues operate independently of each other, a fragmented, and 
consequently less effective, service delivery and prevention system may 
be the result. Coordination and collaboration among the police, 
prosecutors, the courts, victim services providers, child welfare and 
family preservation services, and medical and mental health service 
providers is needed to provide more responsive and effective services 
to victims of domestic violence and their families. It is essential 
that all interested parties are involved in the design and improvement 
of protection and services activities.
    To help bring about a more effective response to the problem of 
intimate violence, the Department of Health and Human Services (HHS) 
urges State agencies and Indian tribes receiving funds under this grant 
announcement to coordinate activities funded under this grant with 
other new and existing resources for family and intimate violence and 
related issues.

B. Coordination of Efforts

1. Federal Coordination
    In the fall of 1993, a Federal Interdepartmental Work Group 
(including the Departments of Health and Human Services, Justice, 
Education, Housing and Urban Development, Labor, and Agriculture) began 
working together to study cross-cutting issues related to violence, and 
to make recommendations for action in areas such as youth development, 
schools, juvenile justice, family violence, sexual assault, firearms, 
and the media. The recommendations formed a framework for ongoing 
policy development and coordination within and among the agencies 
involved.
    The interdepartmental working group also initiated a ``Cities 
Project'' (now known as PACT, Pulling America's Communities Together) 
to help coordinate Federal assistance to four geographic areas (Denver; 
Atlanta; Washington, DC; and the State of Nebraska) as they develop 
comprehensive plans for violence prevention and control.
    Based on these coordination efforts, a new interdepartmental 
strategy was developed for implementing the programs and activities 
recently enacted in the Violent Crime Control and Law Enforcement Act 
of 1994 (Crime Bill). A Steering Committee on Violence Against Women is 
coordinating activities among family violence-related programs and 
across agencies and departments.
2. Opportunities for Coordination at the State and Local Level
    The major domestic violence prevention activities funded by the 
Federal government focus on law enforcement and justice system 
strategies; victim protection and assistance services; and prevention 
activities, including public awareness and education. Federal programs 
also serve related needs, such as housing, family preservation and 
child welfare services, substance abuse treatment, and job training.

[[Page 2770]]

    We want to call to your attention two major programs, recently 
enacted by Congress, that provide new funds to expand services and 
which require the involvement of State agencies, Indian tribes, State 
Domestic Violence Coalitions, and others interested in prevention and 
services for victims of domestic violence. These programs are: Law 
Enforcement and Prosecution Grants to Reduce Violent Crimes Against 
Women, administered by the Department of Justice, and the Family 
Preservation and Support Services program, administered by DHHS. Both 
programs (described in detail below) require State agencies and Indian 
tribes administering them to conduct an inclusive, broad-based, 
comprehensive planning process at the State and community level.
    We urge States and Indian tribes to participate in these service 
planning and decision-making processes; we believe the expertise and 
perspective of the family violence prevention and services field will 
be invaluable as decisions are made on how best to use these funds and 
design service delivery improvements.
    (a) Law Enforcement and Prosecution Grants to Reduce Violent Crimes 
Against Women (DoJ). The Violence Against Women Act (VAWA), provides an 
opportunity to respond to violence against women in a comprehensive 
manner. It emphasizes the development of Federal, State and local 
partnerships to assure that offenders are prosecuted to the fullest 
extent of the law, that crime victims receive the services they need 
and the dignity they deserve, and that all parts of the criminal 
justice system have training and funds to respond effectively to both 
offenders and crime victims.
    The Department of Justice is implementing a new formula grant 
program, which makes available $26 million to States in FY 1995, to 
develop and strengthen effective law enforcement and prosecution 
strategies. A smaller amount of discretionary dollars are also 
available for grants to Indian tribes. At least 25 percent of State 
grant funds must be dedicated to strengthening victim services.
    Of particular importance are the law enforcement and prosecution 
strategies that must be coordinated with strong victim services 
activities. This grant program, will require the development of a 
coordinated, comprehensive approach to bring about changes in the way 
the justice system responds to domestic violence and sexual assault. 
Such a coordinated approach will require a partnership and 
collaboration among the police, prosecutors, the courts, shelter and 
victim service providers, and medical and mental health professionals.
    In order to be eligible for funds, States must develop a plan for 
implementation. As a part of the planning process, they must consult 
with nonprofit, nongovernmental victims' services programs including 
sexual assault and domestic violence victim services programs. DOJ 
expects that States will draw into the planning process the experience 
of existing family violence task forces and coordinating councils such 
as the State Domestic Violence Coalitions.
    (b) Family Preservation and Family Support Services Program (DHHS). 
In August 1993, Congress created a new program entitled ``Family 
Preservation and Support Services'' (Title IV-B of the Social Security 
Act).
    Family preservation services include intensive services assisting 
families at-risk or in crisis, particularly in cases where children are 
at risk of being placed out of the home. Victims of family violence and 
their dependents are considered at-risk or in crisis.
    Family support services include community-based preventive 
activities designed to strengthen parents' ability to create safe, 
stable, and nurturing home environments that promote healthy child 
development. These services also include assistance to parents 
themselves through home visiting and activities such as drop-in center 
programs and parent support groups.
    In FY 1994, 100 percent Federal funds were available to State child 
welfare agencies and Indian Tribes to develop a comprehensive five-year 
Child and Family Services Plan for FYs 1995-1999 (due by June 30, 
1995).
    To develop the service plans, most States currently are in the 
process of consulting with a wide range of public agencies and 
nonprofit private and community-based organizations that have expertise 
in administering services for children and families, including those 
with experience and expertise in family violence.

Part II. Family Violence Prevention and Services Grant Requirements

    This section includes application requirements for family violence 
prevention and services grants for States and Indian Tribes, and is 
organized as follows:

Part II--Application Requirements

A. Legislative Authority
B. Definitions
C. Eligibility: States
D. Eligibility: Indian Tribes and Tribal organizations
E. Funds Available
F. Requirements for Fiscal Years 1996-2000
G. Expenditure Periods
H. Reporting Requirements
I. State Application Requirements
J. Indian Tribes and tribal Organization Application Requirements
K. Executive Order 12372
L. Paperwork Reduction Act
M. Certifications

A. Legislative Authority

    Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42 
U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention and 
Services Act'' (the Act). The Act was first implemented in FY 1986, was 
reauthorized and amended in 1992 by Pub. L. 102-295, and was 
reauthorized and amended for fiscal years 1995 through 2000 by (Pub. L. 
103-322, the Violent Crime Control and Law Enforcement Act of 1994 (the 
Crime Bill), signed into law on September 13, 1994.
    The purpose of this legislation is to assist States in supporting 
the establishment, maintenance, and expansion of programs and projects 
to prevent incidents of family violence and provide immediate shelter 
and related assistance for victims of family violence and their 
dependents.
    Both State and Native American Tribal grantees are required to use 
not less than 70 percent of the distributed funds for the purpose of 
providing immediate shelter and related assistance; not less than 25 
percent of the distributed funds are to be used for the purpose of 
providing related assistance as defined in section 309(5)(A) of the 
Act.

B. Background

    During FY 1994, 132 family violence prevention grants were made to 
States, Territories, and Native American Tribes; the Department also 
made 52 family violence prevention grant awards to nonprofit State 
domestic violence coalitions.
    In addition, the Department has established the National Resource 
Center for Domestic Violence (NRC) and three Special Issue Resource 
Centers (SIRCs). The SIRCs are the Battered Women's Justice Project; 
the Resource Center on Child Custody and Protection; and the Health 
Resource Center on Domestic Violence. The purpose of the NRC and the 
SIRCs is to provide resource information, training, and technical 
assistance to Federal, State, and Native American agencies, local 
domestic violence prevention programs, and other professionals who 
provide services to victims of domestic violence.

[[Page 2771]]

C. Definitions

    As used in this program, the following definitions are found in 
section 309 of the Act. The Crime Bill amendments added the phrase ``or 
other supportive services'' to the definition of related assistance in 
3(b) below.
    (1) 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.
    (2) Shelter: The provision of temporary refuge and related 
assistance in compliance with applicable State law and regulation 
governing the provision, on a regular basis, which includes shelter, 
safe homes, meals, and related assistance to victims of family violence 
and their dependents.
    (3) Related assistance: The provision of direct assistance to 
victims of family violence and their dependents for the purpose of 
preventing further violence, helping such victims to gain access to 
civil and criminal courts and other community services, facilitating 
the efforts of such victims to make decisions concerning their lives in 
the interest of safety, and assisting such victims in healing from the 
effects of the violence. Related assistance includes:
    (a) outreach and prevention, services for victims and their 
children, such as employment training, parenting and other educational 
services for victims and their children, preventive health services 
within domestic violence programs (including nutrition, disease 
prevention, exercise, and prevention of substance abuse), domestic 
violence prevention programs for school age children, family violence 
public awareness campaigns, and violence prevention counseling services 
to abusers;
    (b) counseling with respect to family violence, counseling or other 
supportive services by peers individually or in groups, and referral to 
community social services;
    (c) transportation, technical assistance with respect to obtaining 
financial assistance under Federal and State programs, and referrals 
for appropriate health-care services (including alcohol and drug abuse 
treatment), but does not include reimbursement for any health-care 
services;
    (d) legal advocacy to provide victims with information and 
assistance through the civil and criminal courts, and legal assistance; 
or
    (e) children's counseling and support services, and child care 
services for children who are victims of family violence or the 
dependents of such victims.

D. Eligibility: States

    ``States'' as defined in section 309(6) of the Act are eligible to 
apply for funds. The term ``State'' means each of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, and the remaining eligible entity previously a part of 
the Trust Territory of the Pacific Islands--the Republic of Palau. In 
the past, Guam, the Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, have applied for funds as a part of their 
consolidated grant under the Social Services Block grant. These 
jurisdictions need not submit an application under this Program 
Announcement if they choose to have their allotment included in a 
consolidated grant.

E. Eligibility: Native American Tribes and Tribal Organizations

    Native American Tribes and Tribal organizations are eligible for 
funding under this program if they meet the definition of such entities 
as found in sections (e) and (l), respectively, of section 4 of the 
Indian Self-Determination and Education Assistance Act and are able to 
demonstrate their capacity to carry out a family violence prevention 
and services program. The required capacity must be demonstrated in the 
application. Methods of demonstrating such capacity can include, but 
are not limited to, showing:
    (1) The current operation of a shelter, safehouse, or family 
violence prevention program;
    (2) The establishment of joint, collaborative, or service 
agreements with a local public agency or a private non-profit agency 
for the operation of family violence prevention activities or services; 
or
    (3) The operation of social services programs as evidenced by 
receipt of ``638'' contracts with the Bureau of Indian Affairs (BIA); 
Title II Indian Child Welfare grants from the BIA; or Child Welfare 
Services grants under Title IV-B of the Social Security Act.
    A list of currently eligible Native American Tribes and Tribal 
organizations is found at Appendix B of this Announcement. Any Native 
American Tribe or Tribal organization that believes it has met the 
eligibility criteria and should be included in the list of eligible 
tribes should provide supportive documentation and a request for 
inclusion. The documentation and the request may be submitted 
concurrently with their grant application addressed to the contact 
person at the above address.
    As in previous years, Native American Tribes may apply singularly 
or as a consortium. In addition, a non-profit private organization, 
approved by a Native American Tribe for the operation of a family 
violence shelter on a reservation, is eligible for funding. Any non-
profit organization submitting an application must submit proof of its 
non-profit status in its application at time of submission. The non-
profit agency can accomplish this by providing a copy of the applicants 
listing in the Internal Revenue's Service (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.
    Because section 304(a) specifies a minimum base amount for State 
allocations, we have set a base amount for Native American Tribal 
allotments. Since FY 1986, we have found, in practice, that the 
establishment of such an allocation, based on population, has 
facilitated our efforts to make a fair and equitable distribution of 
limited grant funds.
    Native American Tribes which meet the application requirements and 
whose reservation and surrounding Tribal Trust Lands population is less 
than 3,000 will receive a minimum of $3,000; Tribes which meet the 
application requirements and whose reservation and surrounding Tribal 
Trust Lands population exceeds 3,000 will receive a minimum of $8,000, 
except for the Navajo Tribe which will receive a minimum of $24,000 
because of its population. We have used these population figures to 
determine minimum funding levels since the beginning of the program.
    In computing Native American Tribal allocations, we will use the 
latest available population figures from the Census Bureau. Where 
Census Bureau data are unavailable, we will use figures from the BIA 
Indian Population and Labor Force Report. If not all eligible Tribes 
apply, the available funds will be divided proportionally among the 
Native American Tribes which apply and meet the requirements.

[[Page 2772]]

F. Funds Available

    The Secretary is required to make available not less than 80% of 
amounts appropriated for section 303 to make formula grants to States 
and not less than 10% of amounts appropriated for Section 303 to make 
formula grants to Native American Tribes, Tribal organizations, and 
non-profit private organizations approved by a Native American Tribe.
    Family violence grants to the States, the District of Columbia, and 
the Commonwealth of Puerto Rico are based on population. Each grant 
shall be not less than 1% of the amounts appropriated for grants under 
section 303(a) or $200,000, whichever is the lesser amount. State 
allocations are listed at the end of this announcement and have been 
computed based on the formula in section 304 of the Act.
    For the purpose of this allotment, Guam, American Samoa, the Virgin 
Islands, the Northern Mariana Islands, and the Republic of Palau are 
not included in the definition of ``States'' and will each receive 
grants of not less than one-eighth of 1% percent of the amounts 
appropriated. On October 1, 1994, Palau became independent and a 
Compact of Free Association between the United States and Palau came 
into effect. This change in the political status of Palau has the 
following affect on the status of Palau's allocation:

    In FY 95, Palau will receive 100% of its allocation. Beginning 
in FY 96, its share will be reduced as follows:
    FY 96--not to exceed 75% of the total amount appropriated for 
such programs in FY 95;
    FY 97--not to exceed 50% of the total amount appropriated for 
such programs in FY 95;
    FY 98--not to exceed 25% of the total amount appropriated for 
such programs in FY 95;

    Public Law 103-333, the FY 1995 Department of Health and Human 
Services Appropriations Act, made $32,648,000 available for carrying 
out the Family Violence Prevention and Services Act. Of this amount 
$2,500,000 will be allocated to State Domestic Violence Coalitions to 
coordinate services with local domestic violence programs and to 
encourage appropriate responses to domestic violence within the State. 
The distribution of funds for the State Domestic Violence Coalitions 
will be made in a separate announcement.
    Of the remaining $30,148,000, the Department will make $24,118,400 
available for grants to States and Territories, $3,014,800 available 
for grants to Native American Tribes or Tribal organizations, and 
$1,507,400 available to the National Resource Center and the Special 
Issue Resource Centers.
    The balance of approximately $1.5 million of FY 1995 family 
violence funds will be used to support technical assistance projects, 
research, and public education activities.

G. Requirements for FY 1995 and FYs 1996-2000

    Additional application requirements for FY 1995 family violence 
prevention and services grants have been established pursuant to the 
passage of the Crime Bill on September 13, 1994. Sections I and J below 
explain the new requirements. States that have submitted applications 
for FY 95 in accordance with last year's requirements for a November 15 
deadline will have to submit only additional information in response to 
a program instruction.
    We strongly recommend that States and Native American Tribes and 
Tribal organizations keep a copy of this Federal Register notice for 
future reference. The requirements set forth in this announcement also 
will apply to State and Native American family violence program grants 
for FY 1996 through FY 2000. Information regarding any changes in 
available funds, State/Tribal allocations, administrative, and 
reporting requirements will be provided by program announcement in the 
Federal Register or program instruction.
    There are authorized to be appropriated to carry out this title:
    (1) $50,000,000 for fiscal year 1996;
    (2) $60,000,000 for fiscal year 1997;
    (3) $70,000,000 for fiscal year 1998;
    (4) $72,500,000 for fiscal year 1999; and
    (5) $72,500,000 for fiscal year 2000.

H. Expenditure Periods

    The family violence prevention funds for FY 1995 through FY 2000 
may be used for expenditures on and after October 1 of each fiscal year 
for which they are granted, and will be available for expenditure 
through September 30 of the following fiscal year, i. e., FY 1995 funds 
may be expended from October 1, 1994 thru September 30, 1996.
    Reallotted funds are available for expenditure until the end of the 
fiscal year following the fiscal year that the funds became available 
for reallotment. FY 1995 grant funds which are made available to the 
States through reallotment, under section 304(d)(1), must be expended 
by the States no later than September 30, 1996.

I. Reporting Requirements.

    The Crime Bill added a new reporting requirement for States in 
section 303(a)(4). It requires that upon completion of the activities 
specified in the State applications funded by a grant under this 
announcement, the State grantee shall file a performance report with 
the Department. The performance report shall describe the activities 
carried out and include an assessment of the effectiveness of those 
activities in achieving the purposes of the grant. A section of this 
performance report shall be completed by each grantee or subgrantee 
that performed the direct services contemplated in the State's 
application.
    Performance reports are due on an annual basis beginning in FY 
1995. The first performance report is due December 29, 1995. The 
Department shall suspend funding for an approved application if any 
applicant fails to submit an annual performance report or if the funds 
are expended for purposes other than those set forth under this 
announcement. Federal funds may be used only to supplement, not 
supplant, State funds.
    All State and Native American Tribal grantees are reminded that 
annual program reports and annual Financial Status Reports (Standard 
Form 269) are due 90 days after the end of each Federal fiscal year. 
First reports are due on December 29, of each year. Final reports are 
due 90 days after the end of the expenditure period, i.e., December 29.

J. State Application Requirements

    The Crime Bill added new application requirements in section 
303(a)(2)(C) of the Act. Please note paragraph (2) below, requires 
additional documentation in the plan as to how the State will address 
the needs of the underserved populations, including populations that 
are underserved because of ethnic, racial, cultural, language diversity 
or geographic isolation. In paragraph (6) below, we are also requiring 
a description of the direct services contemplated, and in what manner 
and by whom the direct services will be delivered. This information 
will help us assess the performance data which will have to be 
submitted by grantees to section 303(a)(4) of the Act.
    We have cited each requirement to the specific section of the law.
    The Secretary will approve any application that meets the 
requirements of the Act and this announcement will not disapprove any 
such application except after reasonable notice of the Secretary's 
intention to disapprove has

[[Page 2773]]

been provided to the applicant and after a 6-month period providing an 
opportunity for the applicant to correct any deficiencies.
    The notice of intention to disapprove will be provided to the 
applicant within 45 days of the date of the application.
All State Applications Must Meet the Following Requirements
    The State's application must be signed by the Chief Executive of 
the State or the Chief Program Official designated as responsible for 
the administration of the Act.
    All applications must contain the following information/documents:
    (1) The name of the State agency, the name of the Chief Program 
Official designated as responsible for the administration of State 
programs and activities related to family violence carried out by the 
State under the Act and for coordination of related programs within the 
State, and the name of a contact person if different from the Chief 
Program Official (section 303(a)(2)(D)).
    (2) A plan to address the needs of underserved populations, 
including populations underserved because of ethnic, racial, cultural, 
language diversity or geographic isolation (section 303(a)(2)(C)).
    (3) A description of the process and procedures used to involve 
State domestic violence coalitions and other knowledgeable individuals 
and interested organizations to assure an equitable distribution of 
grants and grant funds within the State and between rural and urban 
areas in the State (sections 303(a)(2)(C)) and 311(a)(5).
    (4) A description of the process and procedures implemented that 
allow for the participation of the State domestic violence coalitions 
in determining whether a grantee is in compliance with section 303 
(a)(2)(A) [i.e., is a local public agency or nonprofit private 
organization which has been provided grant funds for programs and 
projects to prevent incidents of family violence and to provide 
immediate shelter and related assistance (section 303(a)(3))].
    (5) A copy of the procedures developed and implemented that assure 
the confidentiality of records pertaining to any individual provided 
family violence prevention or treatment services by any program 
assisted under Title III (section 303(a)(2)(E)).
    (6) A detailed description of how the State plans to use the grant 
funds to provide the services, and through whom, to prevent incidents 
of family violence and to provide immediate shelter and related 
assistance to victims of family violence and their dependents (section 
303(a)(4)).
    (7) A copy of the law or procedures that the State has implemented 
for the eviction of an abusive spouse from a shared household (section 
303(a)(2)(F)).
    All applications must contain the following assurances:
    (1) That grant funds under the Act will be distributed to local 
public agencies and nonprofit private organizations (including 
religious and charitable organizations and voluntary associations) for 
programs and projects within the State to prevent incidents of family 
violence and to provide immediate shelter and related assistance for 
victims of family violence and their dependents in order to prevent 
future incidents (section 303(a)(2)(A)).
    (2) That not less than 70 percent of the funds distributed shall be 
used for immediate shelter and related assistance to the victims of 
family violence and their dependents and not less than 25% of the funds 
distributed shall be used to provide related assistance (section 
303(b)(3)(f)).
    (3) That not more than 5 percent of the funds will be used for 
State administrative costs (section 303(a)(2)(B)(i)).
    (4) That in distributing the funds, the States will give special 
emphasis to the support of community-based projects of demonstrated 
effectiveness carried out by non-profit private organizations, 
particularly those projects the primary purpose of which is to operate 
shelters for victims of family violence and their dependents and those 
which provide counseling, advocacy, and self-help services to victims 
and their children (section 303(a)(2)(B)(ii)).
    (5) That grants funded by the State will meet the matching 
requirements in section 303(e), i.e., 20 percent of the total funds 
provided under this title in the first year, 35 percent in the second 
year, and 50 percent in the third and subsequent year(s); that, except 
in the case of a public entity, not less than 25 percent of the local 
matching share will be raised from private sources; that the local 
share will be cash or in-kind; and that the local share will not 
include any Federal funds provided under any authority other than this 
program (section 303(b)(3)(e)).
    (6) That grant funds made available under this program by the State 
will not be used as direct payment to any victim or dependent of a 
victim of family violence (section 303(b)(3)(c)).
    (7) That no income eligibility standard will be imposed on 
individuals receiving assistance or services supported with funds 
appropriated to carry out the Act (section 303(b)(3)(d)).
    (8) That the address or location of any shelter-facility assisted 
under the Act will not be made public, except with written 
authorization of the person or persons responsible for the operation of 
such shelter (section 303(a)(2)(E)).
    (9) That all grants made by the State under the Act will prohibit 
discrimination on the basis of age, handicap, sex, race, color, 
national origin or religion (section 307).
    (10) That States will comply with applicable Departmental 
recordkeeping and reporting requirements and general requirements for 
the administration of grants under 45 CFR Parts 74 and 92.

K. Native American Tribe and Tribal Organization Application 
Requirements

    We have cited each requirement to the specific section of the law.
    The Secretary will approve any application that meets the 
requirements of the Act and this Announcement, and will not disapprove 
an application unless the Native American Tribe or Tribal organization 
has been given reasonable notice of the Department's intention to 
disapprove and an opportunity to correct any deficiencies (section 
303(b)(2)).
    All applications must meet the following requirement:
    The application from the Native American Tribe, Tribal 
organization, or nonprofit private organization approved by an eligible 
Native American Tribe, must be signed by the Chief Executive Officer of 
the Native American Tribe or Tribal organization.
    All applications must contain the following information/documents:
    (1) The name of the organization or agency designated as 
responsible for programs and activities relating to family violence to 
be carried out by the Native American Tribe or Tribal organization and 
the name of a contact person in the designated organization or agency.
    (2) A copy of a current resolution stating that the designated 
organization or agency has the authority to submit an application on 
behalf of the Native American individuals in the Tribe(s) and to 
administer programs and activities funded under this program (section 
303(b)(2)).
    (3) A description of the procedures designed to involve 
knowledgeable individuals and interested organizations in providing 
services under the Act (section 303(b)(2)). (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

[[Page 2774]]

State coalitions against domestic violence, and operators of family 
violence shelters and service programs).
    (4) A description of the services contemplated and how the Native 
American Tribe or Tribal organization plans to use the grant funds to 
provide the direct services, and to whom the services will be provided, 
to prevent incidents of family violence and to provide immediate 
shelter and related assistance to victims of family violence and their 
dependents (section 303(a)(4)).
    (5) Documentation of the procedures that assure the confidentiality 
of records pertaining to any individual provided family violence 
prevention or treatment services by any program assisted under Title 
III (section 303(a)(2)(E)).
    Each application must contain the following assurances:
    (1) That not less than 70 percent of the funds shall be used for 
immediate shelter and related assistance to the victims of family 
violence and their dependents and not less than 25% of the funds 
distributed shall be used to provide related assistance (section 
303(b)(3)(f)).
    (2) That grant funds made available under the Act will not be used 
as direct payment to any victim or dependent of a victim of family 
violence (section 303(b)(3)(c)).
    (3) That no income eligibility standard will be imposed upon 
individuals receiving assistance or services supported with funds 
appropriated to carry out the Act (section 303(b)(3)(d)).
    (4) That the address or location of any shelter-facility assisted 
under the Act will not be made public, except with written 
authorization of the person or persons responsible for the operation of 
such shelter (section 303(a)(2)(E)).
    (5) That grantees receiving funds under this program will prohibit 
discrimination on the basis of age, handicap, sex, race, color, 
national origin, or religion (section 307).
    (6) That grantees will comply with applicable Departmental 
recordkeeping and reporting requirements and general grant 
administration requirements in 45 CFR Parts 74 and 92.
Applications from Native American Tribes/Organizations Not Included in 
Appendix B:
    Each application must contain documentation which supports the 
Tribe's/Organization's contention that it has the capacity to carry out 
a family violence prevention and services program (see section E. 
Eligibility).

L. Notification Under Executive Order 12372

    For States, this program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs'' for State plan 
consolidation and simplification only--45 CFR 100.12. The review and 
comment provisions of the Executive Order and Part 100 do not apply. 
Federally-recognized Native American Tribes are exempt from all 
provisions and requirements of E.O. 12372.

M. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this notice have been 
approved by the Office of Management and Budget under control number 
0980-0175.

N. Certifications

    Applicants must comply with the required certifications found at 
Appendix C as follows:
    <bullet> Anti-Lobbying Certification and Disclosure Form must be 
signed and submitted with the application. If applicable, a standard 
Form LLL, which discloses lobbying payments must be submitted. Native 
American Tribes or Tribal organizations which are exempt from the 
foregoing requirements should include with their applications a 
statement to that effect.
    <bullet> Certification Regarding Drug-Free Workplace Requirements 
and the Certification Regarding Debarment: The signature on the 
application by the chief program official attests to the applicants 
intent to comply with the Drug-Free Workplace requirements and 
compliance with the Debarment Certification. The Drug-Free Workplace 
and Debarment certifications do not have to be returned with the 
application.

(Catalog of Federal Domestic Assistance number 93.671, Family 
Violence Prevention and Services)

    Dated: January 3, 1995
Jacqueline G. Lemire,
Acting Director, Office of Community Services.

Appendix A--Family Violence and Prevention Services 1995 State And 
Territory Allotments

    Total Appropriation Available: $30,148,000.
    Total Appropriated to States and Territories: $24,118,400
    Total Appropriated to Tribal Organizations: $0
    Annual Limitation by CAN for the Following CAN(s): 5G994707.

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
                         Grantee                                        
                                                                        
Alabama.................................................        $351,758
Alaska..................................................         200,000
American Samoa..........................................          30,148
Arizona.................................................         330,671
Arkansas................................................         203,645
California..............................................       2,622,120
Colorado................................................         299,587
Connecticut.............................................         275,307
Delaware................................................         200,000
District of Columbia....................................         200,000
Florida.................................................       1,149,202
Georgia.................................................         581,112
Guam....................................................          30,148
Hawaii..................................................         200,000
Idaho...................................................         200,000
Illinois................................................         982,690
Indiana.................................................         479,961
Iowa....................................................         236,410
Kansas..................................................         212,634
Kentucky................................................         318,322
Louisiana...............................................         360,832
Maine...................................................         200,000
Maryland................................................         417,120
Massachusetts...........................................         505,081
Michigan................................................         796,267
Minnesota...............................................         379,483
Mississippi.............................................         222,044
Missouri................................................         439,719
Montana.................................................         200,000
Nebraska................................................         200,000
Nevada..................................................         200,000
New Hampshire...........................................         200,000
New Jersey..............................................         661,931
New Mexico..............................................         200,000
New York................................................       1,528,769
North Carolina..........................................         583,464
North Dakota............................................         200,000
Northern Mariana Islands................................          30,148
Ohio....................................................         931,779
Oklahoma................................................         271,443
Oregon..................................................         254,724
Palau...................................................          30,148
Pennsylvania............................................       1,011,506
Puerto Rico.............................................         300,763
Rhode Island............................................         200,000
South Carolina..........................................         306,056
South Dakota............................................         200,000
Tennessee...............................................         428,378
Texas...................................................       1,514,823
Utah....................................................         200,000
Vermont.................................................         200,000
Virgin Islands..........................................          30,148
Virginia................................................         545,323
Washington..............................................         441,483
West Virginia...........................................         200,000
Wisconsin...............................................         423,253
Wyoming.................................................         200,000
                                                         ---------------
    Total...............................................     $24,118,400
------------------------------------------------------------------------

Appendix B--Native American Tribal Eligibility

    Below is the list of Native American Tribes which are eligible 
for fiscal year 1995 Family Violence Prevention and Services grants. 
Tribes are listed by BIA Area Office based on Census Bureau 
population data or, where that is not available, BIA data.

[[Page 2775]]

Tribes Under 3,000 Population

Eastern Area Office

Houlton Band of Maliseet Indians of Maine
Indian Township Passamaquoddy Reservation of Maine
Miccosukee Tribe of Indians of Florida
Narragansett Indian Tribe of Rhode Island
Penobscot Tribe of Maine
Pleasant Point Passamaquoddy Reservation of Maine
Saint Regis Mohawk Tribe of New York
Seminole Tribe of Florida

Aberdeen Area Office

Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South 
Dakota
Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota
Devil's Lake Sioux Tribe of the Devil's Lake Sioux Reservation, 
North Dakota
Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota
Yankton Sioux Tribe of South Dakota
Winnebago Reservation of Nebraska

Minneapolis Area Office

Grand Traverse Band of Ottawa and Chippewa Indians of Michigan
Lac Vieux Desert Band of Chippewa Indians
Menominee Indian Tribe of Wisconsin
Michigan Inter-Tribal Council on behalf of:

    Bay Mills Indian Community
    Hannahville Indian Community
    Keweenah Bay Indian Community

Saginaw Chippewa Indian Tribe of Isabella Reservation, Michigan
Sault Saint Marie Tribe of Chippewa Indians of Michigan
Prairie Island Community of Minnesota
Forest County Potawatomi of Wisconsin
Lac du Flambeau Reservation of Wisconsin
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Bad River Tribal Council, Wisconsin
Lower Sioux Tribe of Minnesota
Upper Sioux Tribe of Minnesota
Shakopee Community of Minnesota
Minnesota Chippewa:

    Nett Lake Reservation (Bois Fort)
    Fond du Lac Reservation
    Grand Portage Reservation
    Mille Lac Reservation
    St. Croix Chippewa, Wisconsin

Anadarko Area Office

Apache Tribe of Oklahoma
Cheyenne-Arapaho Tribes of Oklahoma
Comanche Indian Tribe of Oklahoma
Four Tribes of Kansas

    Iowa Tribe of Kansas and Nebraska
    Kickapoo Tribe of Kansas
    Sac and Fox Tribe of Kansas and Nebraska
    Prairie Band of Potawatomi of Kansas

Absentee Shawnee Tribe of Oklahoma
Sac and Fox Tribe of Oklahoma
Pawnee Tribe of Oklahoma
Kiowa Indian Tribe of Oklahoma
Kickapoo Tribe of Oklahoma
Otoe-Missouria Tribes Oklahoma
Citizen Band of Potawatomi of Oklahoma
Fort Sill Apache Tribe of Oklahoma
Tonkawa Tribe of Oklahoma
Wichita Indian Tribe of Oklahoma

Billings Area Office

Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana
Fort Belknap Indian Tribe of Montana

Phoenix Area Office

Cocopah Tribe of Arizona
Colorado River Indian Tribes of the Colorado River Indian 
Reservation, Arizona and California
Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada
Elko Band Council
Ft. McDermitt Paiute and Shoshone Tribes of the Ft. McDermitt Indian 
Reservation, Nevada
Ft. McDowell Mohave-Apache Indian Community, Arizona
Ft. Mojave Indian Tribe of Arizona
Hualapai Tribe of the Hualapai Reservation, Arizona
Kaibab Band of the Paiute Indians of the Kaibab Indian Reservation, 
Arizona
Las Vegas Tribe of the Paiute Indians of the Las Vegas Indian 
Colony, Nevada
Moapa Band of Paiute Indians of the Moapa River Indian Reservation, 
Nevada
Paiute Indian Tribe of Utah
Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada
Pasqua Yaqui Tribe of Arizona
Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada
Quechan Tribe of the Ft. Yuma Indian Reservation, California
Reno-Sparks Indian Colony, Nevada
Salt River Pima-Maricopa Indian Community of the Salt River 
Reservation, Arizona
Shoshone Paiute Tribes of the Duck Valley Reservation, Nevada
Te-Moak Bands of the Western Shoshone Indians, Nevada
Havasupai Tribe of Arizona
Ute Indian Tribe of the Unitah and Ouray Reservation, Utah
Yavapai-Prescott Tribe, Arizona
Yavapai-Apache Indian Community of the Camp Verde Reservation, 
Arizona
Yerington Pauite Tribe of the Yerington Colony and Campbell Ranch, 
Nevada
Walker River Paiute Tribe of the Walker River Reservation, Nevada
Washoe Tribe of Nevada and California

Albuquerque Area Office

Jicarilla Apache Tribe, New Mexico
Pueblo of Acoma, New Mexico
Pueblo of Isleta, New Mexico
Pueblo of Jemez, New Mexico
Peublo of Picuris, New Mexico
Pueblo of San Felipe, New Mexico Pueblo of San Juan, New Mexico
Pueblo of Santa Clara, New Mexico
Pueblo of Santo Domingo, New Mexico
Pueblo of Taos, New Mexico
Pueblo of Zia, New Mexico
Pueblo of San Ildefonso, New Mexico
Pueblo of Tesuque, New Mexico
Ramah Navajo Community
Southern Ute Indian Tribe of the Southern Ute Indian Reservation, 
Colorado
Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico and Utah

Portland Area Office

Burns Paiute Indian Colony, Oregon
Confederated Tribes of the Siletz Reservation, Oregon Confederated 
Tribes of the Warm Springs Reservation, Oregon
Confederated Tribes of the Grand Ronde Oregon
Confederated Tribes of the Umatilla Reservation, Oregon
Klamath Tribe
Hootenai Tribe of Idaho
Makah Tribe of Washington
Metlakatla Indian Community, Alaska
Muckleshoot Tribe of Washington
Nez Perce Tribe of Idaho
Nooksak Tribe of Washington
Nisqually Tribe of Washington
Puyallup Tribe of Washington
Quileute Tribe of Washington
Quinault Tribe of the Quinault Reservation, Washington Sauk-Suiattle 
Tribe of Washington
Skokomish Tribe of Washington
Squaxin Island Tribe of Washington
Stillquamish Tribe of Washington
Swinomish Tribe of Washington
Suquamish Tribe of Washington
Tulalip Tribes of Washington
Upper Skagit Indian Tribes of Washington

Juneau Area Office

Aleutian Pribiloff Islands, Alaska
Copper River Association, Alaska
Orutsaramuit Native Council, Alaska
Kawerak, Inc., Alaska
Ketchikan Indian Corporation, Alaska
Kenaitze Inc., Alaska
Kotezbue Native Association, Alaska
Kuskokwim Native Association, Alaska
Kodiak Native Association, Alaska
Northern Pacific Rim Association, Alaska
Sitka Community Association, Alaska
Tanana Indian Reorganization Act Council, Tyonek, Alaska
United Crow Band, Alaska

Sacramento Area Office

Big Lagoon Rancheria, California
Cahuilla Band of Mission Indians
Coastal Indian Community of the Resighina Rancheria
La Jolla Indian Band of Mission Indians
Jamul Indian Village
Morongo Band of Cahuilla Mission Indians
Soboba Band of Mission Indians
Trinidad Rancheria
Torres Martinez Band of Mission Indians

Tribes Over 3,000 Population

Eastern Area Office

Eastern Band of Cherokee Indians of North Carolina
Mississippi Band of Choctaw Indians, Mississippi

Aberdeen Area Office

Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota
Rosebud Sioux Tribe of the Rosebud Indian
Reservation, South Dakota
Standing Rock Sioux Tribe of the Standing Rock Reservation, North 
and South Dakota
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse
Reservation, South Dakota
Three Affiliated Tribes of the Fort Berthold
Reservation, North Dakota

[[Page 2776]]

Turtle Mountain Band of Chippewa Indians, Turtle Mountain Indian 
Reservation North Dakota

Billings Area Office

North Cheyenne Tribe of the
Northern Cheyenne Indian Reservation, Montana
Shoshone-Arapaho Tribes of Wyoming (Wind River Reservation)

Phoenix Area Office

Gila River Pima-Maricopa Indian Community of the
Gila River Reservation, Arizona
Hopi Tribe of Arizona
Papago Tribe of the Sells, Gila Bend, and San Xavier Reservations, 
Arizona
San Carlos Apache Tribe of the
San Carlos Reservation, Arizona
Tohono O'Odham Nation, Arizona
White Mountain Apache Tribe of the
Fort Apache Indian Reservation, Arizona

Navajo Area Office

Navajo Tribe of Arizona, New Mexico and Utah

Albuquerque Area Office

Pueblo of Laguna, New Mexico
Zuni Tribe of the Zuni Reservation, New Mexico

Portland Area Office

Confederated Salish and Kootenai Tribes of the Flathead Reservation, 
Montana
Confederated Tribes of the Colville Reservation, Washington
Lummi Nation of Washington
Shoshone Bannok Tribes of the Fort Hall Reservation, Idaho
Yakima Indian Nation, Washington

Juneau Area Office

Cook Inlet Corporation, Alaska
Association of Village Council Presidents, Alaska
Central Council of the Tlingit and Haida Indians of Alaska
Tanana Chiefs Conference, Alaska
Sitka Community Association, Alaska
Bristol Bay Native Association of Alaska
Fairbanks Native Association, Alaska

Muskogee Area Office

Cherokee Nation of Oklahoma
Choctaw Nation of Oklahoma
Muskogee Creek Nation of Oklahoma

Minneapolis Area Office

Minnesota Chippewa:
    Leech Lake Reservation
    White Earth Reservation
Oneida Tribe of Indians of Wisconsin

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[[Page 2779]]

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 belief 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 with 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 indicated 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.

Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions

(To Be Supplied to Lower Tier Participants)

    By signing and submitting this lower tier proposal, the 
prospective lower tier participant, as defined in 45 CFR Part 76, 
certifies to the best of its knowledge and belief that it and its 
principals:
    (a) Are not presently debarred, suspended, proposed for 
debarment, declared ineligible, or voluntarily excluded from 
participation in this transaction by any federal department or 
agency.
    (b) Where the prospective lower tier participant is unable to 
certify to any of the above, such prospective participant shall 
attach an explanation to this proposal.
    The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause entitled 
``certification Regarding Debarment, Suspension Ineligibility, and 
Voluntary Exclusion--Lower Tier Covered Transactions.'' Without 
modification in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.

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 any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of 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 require statement shall 
be subject to a civil penalty of not less than $10,000 and not more 
than $100,000 for each such failure.

----------------------------------------------------------------------
Signature

----------------------------------------------------------------------
Title

----------------------------------------------------------------------
Organization

----------------------------------------------------------------------
Date


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[FR Doc. 95-614 Filed 1-10-95; 8:45 am]
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