[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9032-9041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3822]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. OCS 95-10]


Family Violence Prevention and Services Program

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

ACTION: Notice of the availability of funds for State domestic violence 
coalitions for grants for family violence intervention and prevention 
activities.

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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 (FVPSA) to private non-profit State domestic violence 
coalitions. The purpose of these grants is to assist in the conduct of 
activities to promote domestic violence intervention and prevention and 
to increase public awareness of domestic violence issues.
    This announcement sets forth the application process and 
requirements for grants to be awarded for FY 1995. It also specifies a 
new expenditure period for grant awards 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 no later than April 17, 1995. Grant 
applications for FY 1996 through FY 2000 should be received at the 
address specified below by November l of each subsequent fiscal year.

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

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

Introduction

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

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

A. The Importance of Coordination of Services

    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 Domestic Violence Coalitions receiving funds under this 
grant announcement to coordinate activities funded under this grant 
with other new and existing resources for family and intimate violence 
and related issues.

B. 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, D.C.; 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 [[Page 9033]] 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.
    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 State Domestic Violence Coalitions to participate in these 
service planning and decision-making processes; we believe the 
expertise and perspective of the family violence prevention and 
services field will be invaluable as decisions are made on how best to 
use these funds and design service delivery improvements.
    (a) Law Enforcement and Prosecution Grants to Reduce Violent Crimes 
Against Women (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, strengthen, and implement effective law enforcement, 
prosecution, and victim assistance strategies. The program contemplates 
coordination within and across the criminal justice and service 
delivery systems, and will require the development of a coordinated, 
comprehensive approach to bring about changes in the way the justice 
system intervenes and 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 
victims service providers, and medical and mental health professionals.
    The Violence Against Women Act authorized a smaller discretionary 
program to be implemented by Indian tribes. The Department of Justice 
grant regulations and program guidelines will address the requirements 
of both the formula grant and the discretionary grant programs.
    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 Grants Requirements

    This section includes application requirements for family violence 
prevention and services grants for State Domestic Violence Coalitions 
and is organized as follows:

A. Legislative Authority
B. Background
C. Eligibility
D. Funds Available
E. Expenditure Period
F. Reporting Requirements
G. Application Requirements
H. Paperwork Reduction Act
I. Executive Order 12372
J. Certifications

A. Legislative Authority

    Title III of the Child Abuse Amendments of 1984 (Pub. Law 98-457, 
42 U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention 
and Services Act'' (the Act). The Act was first implemented in FY 1986, 
was reauthorized and amended in 1992 by 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), and signed into law on September 13, 1994.

B. Background

    Section 311 of the Act authorizes the Secretary to award grants to 
statewide private non-profit State domestic violence coalitions to 
conduct activities to promote domestic violence intervention and 
prevention and to increase public awareness of domestic violence 
issues.
    During FY 1994, the Department made grant awards to 50 State 
domestic violence coalitions, the District of Columbia, and the U.S. 
Virgin Islands. In FY 1995, grant awards will be again available to one 
statewide domestic violence coalition in each State, the U.S. 
Territories, the District of Columbia, and the Commonwealth of Puerto 
Rico.

C. Eligibility

    To be eligible for grants under this program announcement an 
organization [[Page 9034]] shall be a statewide private non-profit 
domestic violence coalition meeting the following conditions:
    (1) The membership of the coalition includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the State (a State domestic violence coalition may include 
representatives of Indian Tribes and Tribal organizations as defined in 
the Indian Self- Determination and Education Assistance Act);
    (2) The Board of Directors' membership is representative of a 
majority of the programs for victims of domestic violence operating 
within the State; and
    (3) The purpose of the coalition is to provide services, community 
education, and technical assistance to domestic violence programs in 
order to establish and maintain shelter and related services for 
victims of domestic violence and their children (Sec 311(b)).

D. Funds Available

    The Department will make $2,500,000 available for grants to State 
domestic violence coalitions. Grants of $47,170 each will be available 
for the State domestic violence coalitions of the 50 States, the 
Commonwealth of Puerto Rico, and the District of Columbia. The 
coalitions of the U.S. Territories (Guam, U.S. Virgin Islands, Northern 
Mariana Islands, American Samoa, and Trust Territory of the Pacific 
Islands (Palau)) are eligible for domestic violence coalition grant 
awards of approximately $9,434 each.
    On October 1, 1994, Palau became independent and a Compact of Free 
Association between the United States and Palau came into effect. This 
change in the political status of Palau has the following 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;

E. Expenditure Period

    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 
through September 30, 1996.
    We strongly recommend that State domestic violence coalitions keep 
a copy of this Federal Register notice for future reference. The 
requirements set forth in this announcement also will apply to State 
domestic violence coalition grants for FY 1996 through FY 2000. 
Information regarding any changes in available funds, administrative or 
reporting requirements will be provided by program announcement in the 
Federal Register.

F. Reporting Requirements

    1. The State domestic violence coalition grantee must submit an 
annual program report describing the coordination, training and 
technical assistance, needs assessment, and comprehensive planning 
activities carried out; and the public information and education 
services provided. The annual report also must provide an assessment of 
the effectiveness of the grant supported activities. The annual report 
is due 90 days after the end of the fiscal year, i.e., December 30, in 
which the grant is awarded. The final program report is due 90 days 
after the end of the expenditure period. Program Reports are to be sent 
to: Office of Community Services, Administration for Children and 
Families, Attn: William D. Riley, 370 L'Enfant Promenade, SW., 5th 
Floor West, Washington, DC 20447.
    2. The State domestic violence coalition grantees must submit an 
annual financial report, Standard Form 269 (SF-269). A financial report 
is due 90 days after the end of the fiscal year in which the grant is 
awarded. A final financial report is due 90 days after the end of the 
expenditure period. Financial reports are to be sent to: Director for 
Formula, Entitlement, and Block Grants Office of Financial Management, 
Administration for Children and Families, 370 L'Enfant Promenade, SW., 
7th Floor, Washington, DC 20447.

G. Application Requirements

    Except for the changes made by the Crime Bill, the application 
requirements are the same as last year's. The Crime Bill made the 
following changes:
     Added a new section 311(a)(1);
     Inserted references to Judges, Court officers, and 
other criminal justice professionals in section 311 (a)(2);
     Revised the language on supervised visitation or 
denial of visitation in section 311(a)(3)(H); and
     Requires public education campaigns to include 
information aimed at underserved, racial, ethnic, or language-minority 
populations (section 311(a)(4)). The changes are reflected in the 
language below.
    The State domestic violence coalition application must be signed by 
the Executive Director of the Coalition or the official designated as 
responsible for the administration of the grant. The application must 
contain the following information (Please note the new 1.):
    We have cited each requirement to the specific section of the law.
    1. A description of the process of working with local domestic 
violence programs and providers of direct services to encourage 
appropriate responses to domestic violence within the State, 
including--
    (A) Training and technical assistance for local programs and 
professionals working with victims of domestics violence;
    (B) Planning and conducting State needs assessments and planning 
for comprehensive services;
    (C) Serving as an information clearinghouse and resource center for 
the State; and
    (D) Collaborating with other governmental systems which affect 
battered women (Sec. 311(a)(1)).
    2. A description of the public education campaign regarding 
domestic violence to be conducted by the coalition through the use of 
public service announcements and informative materials that are 
designed for print media: billboards; public transit advertising; 
electronic broadcast media; and other forms of information 
dissemination that inform the public about domestic violence, including 
information aimed at underserved racial, ethnic or language-minority 
populations (section 311(a)(4)).
    3. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with judicial and law 
enforcement agencies concerning appropriate responses to domestic 
violence cases and an examination of issues including the:
    (A) Inappropriateness of mutual protection orders;
    (B) Prohibition of mediation when domestic violence is involved;
    (C) Use of mandatory arrests of accused offenders;
    (D) Discouragement of dual arrests;
    (E) Adoption of aggressive and vertical prosecution policies and 
procedures;
    (F) Use of mandatory requirements for pre-sentence investigations;
    (G) Length of time taken to prosecute cases or reach plea 
agreements;
    (H) Use of plea agreements;
    (I) Consistency of sentencing, including comparisons of domestic 
violence crimes with other violent crimes; [[Page 9035]] 
    (J) Restitution to victims;
    (K) Use of training and technical assistance to law enforcement, 
judges, court officers and other criminal justice professionals;
    (L) Reporting practices of, and the significance to be accorded to, 
prior convictions (both felony and misdemeanor) and protection orders;
    (M) Use of interstate extradition in cases of domestic violence 
crimes; and
    (N) The use of statewide and regional planning (Sec. 311(a)(2).
    4. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with family law judges, 
criminal court judges, Child Protective Services agencies, Child 
Welfare agencies, Family Preservation and Support Service agencies, and 
children's advocates to develop appropriate responses to child custody 
and visitation issues in domestic violence cases and in cases where 
domestic violence and child abuse are both present, including the:
    (A) Inappropriateness of mutual protection orders;
    (B) Prohibition of mediation when domestic violence is involved;
    (C) Inappropriate use of marital or conjoint counseling in domestic 
violence cases;
    (D) Use of training and technical assistance for family law judges, 
criminal court judges, and court personnel;
    (E) The presumption of custody to domestic violence victims;
    (F) Use of comprehensive protection orders to grant fullest 
protection possible to victims of domestic violence, including 
temporary custody support and maintenance;
    (G) Development by Child Protective Services of supportive 
responses that enable victims to protect their children;
    (H) Implementation of supervised visitations or denial of 
visitation to protect against danger to victims or their children; and
    (I) The possibility of permitting domestic violence victims to 
remove children from the State when the safety of the children or the 
victim is at risk (Sec. 311(a)(3)).
    5. The following documentation will certify the status of the 
domestic violence coalition and must be included in the grant 
application:
    (A) A description of the procedures developed between the State 
domestic violence agency and the Statewide coalition that allow for 
implementation of the following cooperative activities:
    (i) The applicant coalition's participation in the planning and 
monitoring of the distribution of grants and grant funds provided in 
its State (Sec. 303(a)(3)); and
    (ii) The participation of the State domestic violence coalition in 
compliance activities regarding the State's family violence prevention 
and services program grantees (Sec. 303(a)(3)).
    (B) A copy of a currently valid 501 (c)(3) certification letter 
from the Internal Revenue Service stating private non-profit status or;
    A copy of the applicant's listing in the Internal Revenue's 
Services (IRS) most recent list of tax-exempt organizations described 
in Section 501(c)(3) of the IRS code or;
    A copy of the articles of incorporation bearing the seal of the 
State in which the corporation or association is domiciled.
    (C) A list of the organizations operating programs for victims of 
domestic violence programs in the State and the applicant coalition's 
membership list by organization;
    (D) A copy of the applicant coalition's current Board of Directors 
list, with Chairperson identified; and
    (E) A copy of the resume of any coalition or contractual staff to 
be supported by funds from this grant.
    6. Assurances (include in application as an appendix)
    (A) Applicant coalition must provide documentation in the form of 
support letters, memoranda of agreement, or jointly signed statements, 
that the coalition;
    (i) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial organizations in the 
preparation of the grant application (Sec. 311(b)(4)(A)); and
    (ii) Will actively seek and encourage the participation of such 
organizations in grant funded activities (Sec. 311(b)(4)(B)).
    (B) Provide a signed statement that the coalition will not use 
grant funds, directly or indirectly, to influence the issuance, 
amendment, or revocation of any executive order or similar legal 
document by any Federal, State or local agency, or to undertake to 
influence the passage or defeat of any legislation by the Congress, or 
any State or local legislative body, or State proposals by initiative 
petition, except that the representatives of the State Domestic 
Violence Coalition may testify or make other appropriate 
communications:
    (i) When formally requested to do so by a legislative body, a 
committee, or a member of such organization (Sec. 311(d)(1)); and
    (ii) In connection with legislation or appropriations directly 
affecting the activities of the State domestic violence coalition or 
any member of the coalition (Sec. 311(d)(2)).
    (C) Provide a signed statement that the State Domestic Violence 
Coalition will prohibit discrimination on the basis of age, handicap, 
sex, race, color, national origin or religion. (Sec. 307).

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting or record-keeping 
requirement inherent in a proposed or final rule, or program 
announcement. This program announcement contains information collection 
requirements in sections (F) and (G), which require that certain 
information must be provided in an annual report and as part of a 
grantee's application. We estimate that all of the information 
requirements for this program will take each grantee approximately 6 
hours to complete. As there are 53 projected grantees, the total number 
of hours annually will be 318.
    Organizations and individuals desiring to submit comments on the 
information collection requirement should direct them to the Office of 
Information and Regulatory Affairs, OMB, New Executive Office Building 
(room 308), Washington, D.C. 20503, Attention: Desk Officer for the 
Administration for Children and Families.

I. Notification Under Executive Order 12372

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

J. Certifications

    Applicants must comply with the required certifications found at 
Attachments A, B, C, and D as follows:
    1. The Anti-Lobbying Certification and Disclosure Form must be 
signed and submitted with the application. If applicable, a Standard 
Form LLL, which discloses lobbying payments must be submitted.
    2. Certification regarding Drug-Free Workplace Requirements and 
Certification Regarding Debarment: The signature on the application by 
a Coalition official responsible for the [[Page 9036]] administration 
of the program attests to the applicant's intent to comply with the 
Drug-Free Workplace Requirements and compliance with the Debarment 
Certification. The Drug-Free Workplace and Debarment Certifications do 
not have to be returned with the application.
    3. Certification Regarding Environmental Tobacco Smoke: The 
signature on the application by a Coalition official certifies that the 
applicant will comply with the requirements of the Pro-Children Act of 
1994 (Act). The applicant further agrees that it will require the 
language of this certification be included in any subawards which 
contain provisions for children's services and that all grantees shall 
certify accordingly.

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

    Dated: February 9, 1995.
Donald Sykes,
Director, Office of Community Services.

Attachment A--Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative 
Agreements

    The undersigned certifies, to the best of his or her knowledge 
and belief, that:
    (1) No Federal appropriated funds have been paid or will be 
paid, by or on behalf of the undersigned, to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with the awarding 
of any Federal contract, the making of any Federal grant, the making 
of any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan or cooperative agreement, the undersigned shall complete and 
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards 
at all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all 
subrecipients shall certify and disclose accordingly.
    This certification is a material representation of fact upon 
which reliance was placed when this transaction was made or entered 
into. Submission of this certification is a prerequisite for making 
or entering into this transaction imposed by section 1352, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $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, 
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
[[Page 9037]]

[GRAPHIC][TIFF OMITTED]TN16FE95.016



BILLING CODE 4184-01-C
[[Page 9038]]

Attachment B

Certification Regarding Debarment, Suspension, and Other 
Responsibility Matters--Primary Covered Transactions

    By signing and submitting this proposal, the applicant, defined 
as the primary participant in accordance with 45 CFR Part 76, 
certifies to the best of its knowledge and believe that it and its 
principals:
    (a) are not presently debarred, suspended, proposed for 
debarment, declared ineligible, or voluntarily excluded from covered 
transactions by any Federal Department or agency;
    (b) have not within a 3-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public (Federal, 
State, or local) transaction or contract under a public transaction; 
violation of Federal or State antitrust statutes or commission of 
embezzlement theft, forgery, bribery, falsification or destruction 
of records, making false statements, or receiving stolen property;
    (c) are not presently indicted or otherwise criminally or 
civilly charged by a governmental entity (Federal, State, or local) 
with commission of any of the offenses enumerated in paragraph 
(1)(b) of this certification; and
    (d) have not within a 3-year period preceding this application/
proposal had one or more public transactions (Federal, State, or 
local) terminated for cause or default.
    The inability of a person to provide the certification required 
above will not necessarily result in denial of participation in this 
covered transaction. If necessary, the prospective participant shall 
submit an explanation of why it cannot provide the certification. 
The certification or explanation will be considered in connection 
with the Department of Health and Human Services (HHS) determination 
whether to enter into this transaction. However, failure of the 
prospective primary participant to furnish a certification or an 
explanation shall disqualify such person from participation in this 
transaction.
    The prospective primary participant agrees that by submitting 
this proposal, it will include the clause entitled ``Certification 
Regarding Debarment, Suspension, Ineligibility, and Voluntary 
Exclusion--Lower Tier Covered Transaction'' provided below without 
modification in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.

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

(To be Supplied to Lower 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.

                                                 BILLING CODE 4184-01-P
[[Page 9039]]

[GRAPHIC][TIFF OMITTED]TN16FE95.017


[[Page 9040]]

[GRAPHIC][TIFF OMITTED]TN16FE95.018



BILLING CODE 4184-01-P [[Page 9041]] 

Attachment D

Certification Regarding Environmental Tobacco Smoke

    Public Law 103-227, Part C--Environmental Tobacco Smoke, also 
known as the Pro-Children Act of 1994 (Act), requires that smoking 
not be permitted in any portion of any indoor facility owned or 
leased or contracted for by an entity and used routinely or 
regularly for the provision of health, day care, education, or 
library services to children under the age of 18, if the services 
are funded by Federal programs either directly or through State or 
local governments, by Federal grant, contract, loan, or loan 
guarantee. The law does not apply to children's services provided in 
private residences, facilities funded solely by Medicare or Medicaid 
funds, and portions of facilities used for inpatient drug or alcohol 
treatment. Failure to comply with the provisions of the law may 
result in the imposition of a civil monetary penalty of up to $1000 
per day and/or the imposition of an administrative compliance order 
on the responsible entity.

[FR Doc. 95-3822 Filed 2-15-95; 8:45 am]
BILLING CODE 4184-01-P