[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Notices]
[Pages 18214-18229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9154]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. 02-03]


Family Violence Prevention and Services Program

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

ACTION: Notice of the availability of funding to States, Native 
American tribes, and tribal organizations for Family Violence 
Prevention and Services.

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SUMMARY: This announcement governs the proposed award of 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 
States and tribes in establishing, maintaining, and expanding programs 
and projects to prevent domestic violence and to provide immediate 
shelter and related assistance for victims of domestic violence and 
their dependents.
    This announcement sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in fiscal year (FY) 2003.

Closing Dates and Applications

    The closing time and date for receipt of applications is 4:30 p.m. 
(eastern time zone) on May 15, 2003.
    Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are received on or before the deadline time 
and date at the Office of Community Services, Administration for 
Children and Families (ACF), Attention: James W. Gray, Ph.D., 5th 
Floor, West Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.

ADDRESSES: Applications should be sent to the Department of Health and 
Human Services, Office of Community Services, Administration for 
Children and Families, Attention: James W. Gray, Ph.D., 5th Floor, West 
Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529, James 
W. Gray (202) 401-5705, or Sunni L. Knight (202) 401-5319, Joseph 
Lonergan, Director, Division of Mandatory Grants.

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

The Importance of Coordination of Services

    Family and intimate violence has serious and far-reaching 
consequences for individuals, families, and communities. Estimates from 
the Department of Justice National Crime Victimization Survey (NCVS) 
indicate that, in 1998, about 1 million violent crimes were committed 
against persons by their current or former spouses, boyfriends, or 
girlfriends. Such crimes termed intimate partner violence are committed 
primarily against women. It is important to note that, regardless of 
the demographic characteristics considered, women experienced intimate 
partner violence at higher rates than men between 1993 and 1998 (Bureau 
of Justice Statistics 2000).
    The impact of family and intimate violence includes physical injury 
and

[[Page 18215]]

death of primary or secondary victims, psychological trauma, isolation 
from family and friends, harm to children witnessing or experiencing 
violence in homes, in which the violence occurs, increased fear, 
reduced mobility and employability, homelessness, substance abuse, and 
a host of other health and related mental health consequences.
    It is estimated that between 12 percent and 35 percent of women 
visiting emergency rooms with injuries are there because of battering. 
Estimates of the number of women who are homeless because of battering 
range from 27 percent to 41 percent to 63 percent of all homeless 
women. The significant correlation between domestic violence and child 
abuse, and the use of welfare by battered women as an ``economic escape 
route'' also suggest the need to coordinate domestic violence 
intervention activities with those addressing child abuse and the 
welfare program under the Temporary Assistance for Needy Families 
(TANF) program at the State and local levels.
    When programs that seek to address these issues operate 
independently of each other, a fragmented, and consequently less 
effective, service delivery and prevention system may result. 
Coordination and collaboration among the police, prosecutors, the 
courts, victim services providers, child welfare and family 
preservation services, faith and community-based organizations, 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 be involved 
in the design and improvement of intervention and prevention 
activities.
    To help bring about a more effective response to the problem of 
domestic violence, the Department of Health and Human Services urges 
State and Native American tribes receiving funds under this grant 
announcement to coordinate activities funded under this grant with 
other new and existing resources for the prevention of family and 
intimate violence and related issues.

Part II. General Programmatic and Funding Information

A. Background

    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, 
reauthorized and amended in 1992 by Pub. L. 102-295, in 1994 by Pub. L. 
103-322, the Violent Crime Control and Law Enforcement Act, and in 1996 
by Pub. L. 104-235, the Child Abuse Prevention and Treatment Act 
(CAPTA) of 1996. The Act was most recently amended by the ``Victims of 
Trafficking and Violence Protection Act'' (Pub. L. 106-386, October 28, 
2000).
    The purpose of this legislation is to assist States, Native 
American tribes, and tribal organizations in supporting the 
establishment, maintenance, and expansion of programs and projects to 
prevent incidents of domestic violence and to provide immediate shelter 
and related assistance for victims of domestic violence and their 
dependents.
    During FY 2002, 200 grants were awarded to States and Native 
American tribes. The Department also awarded 53 family violence 
prevention grants to nonprofit State domestic violence coalitions.
    Additionally, the Department supports the National Resource Center 
(NRC) for Domestic Violence and four Special Issue Resource Centers 
(SIRCs). The SIRCs are the Battered Women's Justice Project, the 
Resource Center on Child Custody and Protection, Sacred Circle Resource 
Center for the Elimination of Domestic Violence Against Native Women 
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.
    In February 1996, the Department funded the national domestic 
violence hotline to ensure that every woman has access to information 
and emergency assistance wherever and whenever she needs it. The 
national domestic violence hotline is a 24-hour, toll-free service, 
which provides crisis assistance, counseling, and local shelter 
referrals to women across the country. Hotline counselors are also 
available for non-English speaking persons and for people who are 
hearing-impaired. The hotline number is 1-800-799-SAFE; the TDD number 
for the hearing impaired is 1-800-787-3224. As of June 30, 2002 the 
National Domestic Violence Hotline has answered more than 700,000 
calls.

B. Funds Available

    Of the total appropriation for the Family Violence Prevention and 
Services program for FY 2003, the Department of Health and Human 
Services will allocate 70 percent to the designated State agencies 
administering Family Violence Prevention and Services programs (section 
310 (a)) of the Act. The Department will allocate 10 percent to the 
tribes and tribal organizations for the establishment and operation of 
shelters, safe houses, and the provision of related services (section 
310 (a)) of the Act. Additionally, we will allocate 10 percent to the 
State Domestic Violence Coalitions to continue their work within the 
domestic violence community by providing technical assistance and 
training, advocacy services with other local domestic violence 
programs, and to encourage appropriate responses to domestic violence 
within the States.
    Five percent of our FY 2003 appropriation will be available to 
continue the support for the National Resource Center and the four 
Special Issue Resource Centers. The remaining five percent of the FY 
2003 family violence prevention and services funding will be used to 
support demonstration programs in the areas of training and technical 
assistance, collaborative projects with advocacy organizations and 
service providers, data collection efforts, public education 
activities, and research and other demonstration activities at the 
national level.

C. State Allocations

    Family Violence grants to the States, the District of Columbia, and 
the Commonwealth of Puerto Rico are based on a population formula. Each 
State shall be allotted a base grant of $600,000. The remaining balance 
of FVPSA funds are to be distributed according to the State population 
ratio (this ratio reflects the States population to the total 
populations of all States).
    For the purpose of computing allotments, the statute provides that 
Guam, American Samoa, the Virgin Islands, and the Northern Mariana 
Islands will each receive grants of not less than one-eighth of one 
percent of the amounts appropriated.

D. Native American Tribal Allocations

    Of the funds available for FY 2003, the Department of Health and 
Human Services will allocate ten percent for grants to Native American 
Tribes. Native American Tribes and Tribal Organizations are eligible 
for funding under this program if they meet the definition of such 
entities as found in the Indian Self-Determination and Education 
Assistance Act, 25 U.S.C. 450 b, and are able to demonstrate their 
capacity to carry out a family violence prevention and services 
program.
    Any Native American tribe that believes it meets the above 
eligibility criteria and should be included in the list of eligible 
tribes should provide

[[Page 18216]]

supportive documentation in its application and a request for inclusion 
(see Native American Tribal Application Requirements in part V).
    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 Bureau 
Indian Affairs Indian Population and Labor Force Report.
    Because section 304 of the Act specifies a minimum base amount for 
State allocations, we have set a base amount for Native American tribal 
allocations. Since FY 1986, we have found in practice that the 
establishment of a base amount has facilitated our efforts to make a 
fair and equitable distribution of limited grant funds.
    Native American tribes and tribal organizations that meet 
application requirements are awarded base grants in amounts determined 
by the following chart:

------------------------------------------------------------------------
                                                          Will receive a
          Category number             Tribal population     base amount
                                                               of--
------------------------------------------------------------------------
1.................................  1-1,500.............          $2,000
2.................................  1,501-3,000.........           3,500
3.................................  3,001-4,000.........           4,500
4.................................  4,001-5,000.........           5,500
5.................................  5,001-6,000.........           6,500
6.................................  6,001-7,000.........           7,500
7.................................  7,001-8,000.........           8,500
8.................................  8,001-9,000.........           9,500
9.................................  9,001-10,000........          10,500
10................................  10,001-12,000.......          13,000
11................................  12.001-14,000.......          15,000
12................................  14,001-16,000.......          17,000
13................................  16,001-18,000.......          19,000
14................................  18,001-20,000.......          21,000
15................................  20,001-22,000.......          23,000
16................................  22,001-24,000.......          25,000
17................................  24,001-26,000.......          27,000
18................................  26,001-28,000.......          29,000
19................................  28,001-30,000.......          31,000
20................................  30,001-32,000.......          33,000
21................................  32,001-34,000.......          35,000
22................................  34,001-36,000.......          37,000
23................................  36,001-38,000.......          39,000
24................................  38,001-40,000.......          41,000
25................................  40,001-42,000.......          43,000
26................................  42,001-44,000.......          45,000
27................................  44,001-46,000.......          47,000
28................................  46,001-48,000.......          49,000
29................................  48,001-50,000.......          51,000
30................................  50,001-100,000......         125,000
31................................  100,001-150,000.....         175,000
32................................  150,001 and over....         225,000
------------------------------------------------------------------------

    Once the base amounts have been distributed to the tribes that have 
applied for family violence funding, the ratio of the tribe's 
population to the total population of all the applicant tribes is then 
considered in allocating the remainder of the funds. By distributing a 
proportional amount plus a base amount to the tribes we have accounted 
for the variance in actual population and scope of the family violence 
programs. As in previous years, tribes are encouraged to apply as 
consortia for the family violence funding.

Part III. General Grant Requirements Applicable to States and Native 
American Tribes

A. Definitions

    States and Native American tribes should use the following 
definitions in carrying out their programs. These definitions are found 
in section 309 of the Family Violence Prevention and Services Act (the 
Act).
    (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) Services such as outreach and prevention services for victims 
and their children, 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; prevention services such as education on family 
cohesion, marital stability, and conflict resolution; and valuing 
individual choices made within the context of personal spirituality, to 
include faith-based belief systems, and or tribal traditions.
    (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.

B. Expenditure Periods

    The family violence prevention funds under the Act may be used for 
obligations 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. This means that FY 2003 funds may be used 
for obligations through September 30, 2004. Recipients must liquidate 
all obligations incurred under the award by September 30, 2005.
    The family violence prevention funds allotted to Native American 
tribes and tribal organizations may be used on or after July 1 of each 
fiscal year for which they are granted, and will be available through 
June 30 of the following fiscal year. This means that FY 2003 funds may 
be used for obligations through June 30, 2004. Recipients must 
liquidate all obligations incurred under the award by June 30, 2005.

C. Reporting Requirements: Content Requirements of the State and Tribal 
Performance Report

    Section 303(a)(4) requires that States file a performance report 
with the Department describing the activities carried out, and 
including an assessment of the effectiveness of those activities in 
achieving the purposes of the grant. A section of this performance 
report must be completed by each grantee or subgrantee that performed 
the direct services contemplated in the State's application certifying 
performance of such services. State grantees should compile performance 
reports into a comprehensive report for submission.

[[Page 18217]]

    The Performance Report should include the following data elements 
as well as narrative examples of success stories about the services 
that were provided to victims and their dependents. Please note that 
section 303 (a) (4) of the Family Violence Prevention and Services Act 
(FVPS) also requires that the federal director of the FVPSA program 
suspend funding for an approved application if an applicant fails to 
submit an annual Performance Report. The Performance Report should 
include the following data elements:
    1. Funding--The total amount of the FVPSA grant funds awarded; the 
percentage of funding used for shelters, and the percentage of funding 
used for related services and assistance.
    2. Shelters--The total number of shelters and shelter programs 
(safe homes/motels, etc.) assisted by FVPSA program funding.
    [sbull] The number of women sheltered.
    [sbull] The number of shelters and safe houses in the State.
    [sbull] The number of young children sheltered (birth-12 years of 
age).
    [sbull] The number of teenagers and young adults (13-21 years of 
age).
    [sbull] The number of men.
    [sbull] The number of the elderly.
    [sbull] The average length of stay.
    [sbull] The number of women, children, teens, and others referred 
to other shelters.
    3. Types of individuals served including special populations. 
Record information by numbers and percentages against the total 
population served. Individuals and special populations served should 
include:
    [sbull] Racial identification.
    [sbull] Cultural classification.
    [sbull] Language (other than English).
    [sbull] Women of color.
    [sbull] And other special needs populations.
    4. Related services and assistance. List the types of related 
services and assistance provided to victims and their family members by 
indicating the number of women, children, and men that have received 
services. Services and assistance may include but are not limited to 
the following:
    [sbull] Individual counseling,
    [sbull] Group counseling,
    [sbull] Marital Counseling,
    [sbull] Crisis intervention/hotline,
    [sbull] Information and referral,
    [sbull] Batterers support services,
    [sbull] Legal advocacy services,
    [sbull] Transportation,
    [sbull] Services to teenagers,
    [sbull] Child care,
    [sbull] Training and technical assistance,
    [sbull] Housing advocacy,
    [sbull] Other innovative program activities.
    5. Volunteers--List the total number of volunteers and hours 
worked.
    6. Identified Abuse--Indicate the number of women, children, and 
men who were identified as victims of physical, sexual, and emotional 
abuse.
    7. Service referrals--List the number of women, children, and men 
referred for the following services: (Note: If the individual was 
identified as a batterer please indicate).
    [sbull] Alcohol abuse,
    [sbull] Drug abuse,
    [sbull] Batterer intervention services,
    [sbull] Abuse as a child,
    [sbull] Witnessed abuse,
    [sbull] Emergency medical intervention,
    [sbull] Law enforcement intervention.
    8. The performance report should include narratives of success 
stories about services provided and the positive impact on the lives of 
children and families. Examples may include the following:
    [sbull] An explanation of the activities carried out including an 
assessment of the major activities supported by the family violence 
funds, what particular priorities within the State, tribe, or tribal 
organization were addressed, and what special emphases were placed on 
these activities;
    [sbull] A description of the specific services and facilities that 
your agency funded, contracted with, or otherwise used in the 
implementation of your program (e.g., shelters, safehouses, related 
assistance, programs for batterers);
    [sbull] An assessment of the effectiveness of the direct service 
activities contemplated in the application;
    [sbull] A description of how the needs of under-served populations, 
including populations under-served because of ethnic, racial, cultural, 
language diversity, or geographic isolation were addressed, and
    [sbull] A description and assessment of the prevention activities 
supported during the program year, e.g., community education events, 
and public awareness efforts.
    Performance reports for the States are due on an annual basis on 
December 29. Performance reports for tribes and tribal organizations 
are due on an annual basis on September 28 of each year.

D. Reporting Requirements: Deadlines for Program and Financial Reports

    All State grantees are reminded that the annual Program Reports and 
annual Financial Status Reports (Standard Form 269) are due 90 days 
after the end of each Federal fiscal year, i.e., reports are due on 
December 28 of each year.
    All tribal program reports and annual financial status reports are 
due 90 days after the end of the expenditure period, i.e., September 29 
of each year.

Part IV. Application Requirements for States

A. 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.
    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 (the Republic 
of Palau has applied for funds through the Community Services Block 
Grant). These jurisdictions need not submit an application under this 
Program Announcement if they choose to have their allotment included as 
part of a consolidated grant application.

B. Approval/Disapproval of a State's Application

    The Secretary will approve any application that meets the 
requirements of the Act and this announcement and will not disapprove 
any such application except after reasonable notice of the Secretary's 
intention to disapprove has been provided to the applicant and after a 
six-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.

C. Content of the State Application

    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 or 
documents:
    (1) The name of the State agency, the name of the Chief Program 
Official designated as responsible for the administration of funds 
under this Act, and the name of a contact person if different from the 
Chief Program Official (section 303)(a)(2)(D)).
    (2) A plan describing in detail how the needs of underserved 
populations will be met, including populations underserved because of 
ethnic, racial, cultural, language diversity, or geographic isolation 
(section 303(a)(2)(C)).
    (a) Identification of the underserved populations that are being 
targeted for outreach and services.

[[Page 18218]]

    (b) In meeting the needs of the underserved population, describe 
the domestic violence training that will be provided to the individuals 
who will do the outreach and intervention to these populations; and
    (c) Describe the public information component of the State's 
outreach program; describe the elements of your program that are used 
to explain domestic violence, the most effective and safe ways to seek 
help and identify available resources, etc.
    (3) Provide a complete description of the process and procedures 
used to involve State domestic violence coalitions and other 
knowledgeable individuals and interested organizations, including faith 
and community-based 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) Provide a complete description of the process and procedures 
implemented that allow for the participation of the State domestic 
violence coalition in planning and monitoring the distribution of grant 
funds and determining whether a grantee is in compliance with (section 
303(a)(2)(A), 303(a)(3) and 311(a)(5)).
    (5) Provide 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 the Act. Include procedures that ensure that 
individual client records cannot be identified when providing 
statistical data on program services and activities (section 
303(a)(2)(E)).
    (6) Include a description of how the State plans to use the grant 
funds, a description of the target population, the number of shelters 
to be funded, the services the State will provide, and the expected 
results from the use of the grant funds (section 303(a)(4)).
    (7) Provide 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:
    (a) 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 violent incidents (section 303(a)(2)(A)).
    (b) 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 percent of 
the funds distributed shall be used to provide related assistance 
(section 303(f)).
    (c) That not more than 5 percent of the funds will be used for 
State administrative costs (section 303(a)(2)(B)(i)).
    (d) That in distributing the funds, the States will give special 
emphasis to the support of faith and 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)).
    (e) That grants funded by the States will meet the matching 
requirements in section 303(e), i.e., not less than 20 percent of the 
total funds provided for a project under this title with respect to an 
existing program, and with respect to an entity intending to operate a 
new program under this title, not less than 35 percent. The local share 
will be cash or in kind; and the local share will not include any 
Federal funds provided under any authority other than this title 
(section 303(e)).
    (f) 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(c)).
    (g) 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(d)).
    (h) That the address or location of any shelter-facility assisted 
under the Act will not be made public, except with the written 
authorization of the person or persons responsible for the operation of 
such shelter (section 303(a)(2)(E)).
    (i) That programs or activities funded in whole or in part under 
the Act will prohibit discrimination on the basis of age, handicap, 
sex, race, color, national origin or religion (section 307).
    (j) That funds made available under the FVPSA will be used to 
supplement and not supplant other Federal, State, and local public 
funds expended to provide services and activities that promote the 
purposes of the FVPSA.
    (k) That States will comply with the applicable Departmental 
record-keeping and reporting requirements and general requirements for 
the administration of grants under 45 CFR part 92.

Part V. Application Requirements for Native American Tribes

A. Eligibility: Native American Tribes

    As described above, Native American tribes and tribal organizations 
are eligible for funding under this program if they meet the definition 
of such entities as found in subsections (b) and (c) 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.
    A list of currently eligible Native American tribes is found at 
Appendix B of this document. Any Native American tribe that believes it 
meets the eligibility criteria and should be included in the list of 
eligible tribes should provide supportive documentation and a request 
for inclusion in its application (see Application Content Requirements 
below).
    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 domestic 
violence shelter or program on a reservation is eligible for funding.

B. Approval/Disapproval of a Native American Tribes Application

    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)).

C. Native American Tribe Application Content Requirements

    The application from a Native American tribe must be signed by the 
Chief Executive Officer or tribal chairperson of the tribe.
    All applications must contain the following information/documents:
    (1) The name of the organization or agency and the Chief Program 
Official designated as responsible for administering funds under the 
Act, and the name, telephone number, and fax number, if available, of a 
contact person in the designated organization or agency.
    (2) A copy of a current resolution stating that the designated 
organization

[[Page 18219]]

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 domestic violence 
prevention, tribal law enforcement officials, representatives of State 
coalitions against domestic violence, and operators of domestic 
violence shelters and service programs.
    (4) A description of the tribe's operation of and/or capacity to 
carry out a domestic violence prevention and services program. This 
might be demonstrated in ways such as the following:
    (a) The current operation of a shelter, safehouse, or domestic 
violence prevention program;
    (b) The establishment of joint or collaborative service agreements 
with a local public agency or a private non-profit agency for the 
operation of domestic violence prevention activities or services; or
    (c) 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; Child Welfare 
Services grants under title IV-B of the Social Security Act; or Family 
Preservation and Family Support grants under title IV-B of the Social 
Security Act.
    (5) A description of the services to be provided, how the Native 
American tribe or tribal organization plans to use the grant funds to 
provide the direct services, to whom the services will be provided, and 
the expected results of the services (section 303(b)(2)).
    (6) 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 the Act. 
Include procedures that ensure that individual client records cannot be 
identified when providing statistical data on program services and 
activities (section 303(a)(2)(E)).
    (7) The EIN number of the Native American tribe, tribal 
organization, or non-profit organization submitting the application.
    Each application must contain the following assurances:
    (a) That not less than 70 percent of the funds shall be used for 
immediate shelter and related assistance for victims of family violence 
and their dependents and not less than 25 percent of the funds 
distributed shall be used to provided related assistance (section 
303(f)).
    (b) 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(c)).
    (c) That the address or location of any shelter or facility 
assisted under the Act will not be made public, except with the written 
authorization of the person or persons responsible for the operations 
of such shelter (section 303(a)(2)(E)).
    (d) That law or procedure has been implemented for the eviction of 
an abusing spouse from a shared household (section 303(a)(2)(F)).
    (e) That all programs or activities funded in whole or in part 
under the Act will prohibit discrimination on the basis of age, 
handicap, sex, race, color, national origin or religion (section 307).
    (f) That applicant will comply with the applicable Departmental 
record-keeping and reporting requirements and general requirements for 
the administration of grants under 45 CFR parts 74 and 92.

Part VI. Other Information

A. 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 implication 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.

B. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this instruction have 
been approved by the Office of Management and Budget under control 
number 0970-0062.

C. Certifications

    Applications must comply with the required certifications found at 
Appendix A as follows:
    1. Anti-Lobbying Certification and Disclosure Form. Pursuant to 45 
CFR part 93, the certification 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.
    3. 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.
    4. Certification Regarding Environmental Tobacco Smoke: The 
signature on the application by the chief program official attests to 
the applicants intent to comply with the requirements regarding 
environmental tobacco smoke and services to children under age 18 of 
the Pro-Children Act of 1994. The applicant further agrees that it will 
require the language of this certification be included in any sub-
awards 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: April 8, 2003.
Clarence H. Carter,
Director, Office of Community Services.

Appendix A--Required Certifications:

Attachment--A Certification Regarding Lobbying and Disclosure of 
Lobbying Activities and Instructions
Attachment--B Certification Regarding Debarment;
Attachment--C Regarding Environmental Tobacco Smoke; and
Attachment--D Drug-Free Workplace Requirements.
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[FR Doc. 03-9154 Filed 4-14-03; 8:45 am]
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