[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45829-45837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17340]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Office of Refugee Resettlement Grants for Outreach To Target 
Populations Under Trafficking in Persons Program

AGENCY: U.S. Department of Health and Human Services, Administration 
for Children and Families (ACF), Office of Refugee Resettlement.
    Funding Opportunity Title: Grants for Outreach to Target 
Populations under the Trafficking in Persons Program.
    Announcement Type: Competitive Grant--Initial.
    Funding Opportunity Number: HHS-2004-ACF-ORR-ZV-0006.
    CFDA Number: 93.598.
    Due Date for Applications: The due date for receipt of applications 
is September 28, 2004.

I. Funding Opportunity Description

    The Administration for Children and Families (ACF), Office of 
Refugee Resettlement (ORR) announces a new grant program under its 
Trafficking in Persons Program for projects to expand existing outreach 
activities to identify and counsel victims of a severe form of human 
trafficking, as defined by the

[[Page 45830]]

Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101).

A. Background

    In 2000, the Trafficking Victims Protection Act (TVPA), Pub. L. 
106-386, was enacted in response to the phenomenon of human 
exploitation overseas and on American soil. The TVPA was reauthorized 
in December, 2003, by the Trafficking Victims Protection 
Reauthorization Act of 2003, Pub. L 108-193.
    Human trafficking is modern-day slavery. It occurs when the victims 
are compelled to engage in commercial sex or to provide labor by means 
of fraud, coercion or force. The crime of trafficking is often confused 
with human smuggling. The U.S. Department of Justice has provided the 
following explanation of the difference between smuggling and 
trafficking (66 FR 38513, 38515 (July 24,2001)):

    Federal law makes a distinction between alien smuggling--in 
which the smuggler arranges for an alien to enter the country 
illegally for any reason, including where the alien has voluntarily 
contracted to be smuggled--and severe forms of trafficking in 
persons. Unlike alien smuggling, as the following definition 
indicates, severe forms of trafficking in persons must involve both 
a particular means such as the use of force, fraud, or coercion, and 
a particular end such as involuntary servitude or a commercial sex 
act (with regards to a commercial sex act, however, the use of 
force, fraud, or coercion is not necessary if the person induced to 
perform a commercial sex act is under the age of 18). Pursuant to 
the TVPA, victims of severe forms of trafficking are persons who are 
recruited, harbored, transported, provided, or obtained for: (1) 
Labor or services, through the use of force, fraud, or coercion for 
the purpose of subjection to involuntary servitude, peonage, debt 
bondage, or slavery; or (2) the purpose of a commercial sex act in 
which such act is induced by force, fraud, or coercion, or in which 
the person induced to perform such act has not attained 18 years of 
age. Aliens who are voluntarily smuggled into the United States, in 
most cases, will not be considered victims of severe forms of 
trafficking in persons. However, individuals who are smuggled into 
the United States in order to be used for labor or services may 
become victims of a severe form of trafficking in persons if, for 
example, after arrival the smuggler uses threats of serious harm or 
physical restraint to force the individual into involuntary 
servitude, peonage, debt bondage, or slavery. Federal law prohibits 
forced labor regardless of the victim's initial consent to work. 
This distinction between alien smuggling and severe forms of 
trafficking in persons is consistent with the separate treatment of 
the trafficking and smuggling issues internationally.

    In response to the TVPA enactment, ORR modified in 2001 a standing 
announcement for social services to meet the needs of newly arriving 
refugees, to include services to victims of a severe form of 
trafficking. In February 2002, ORR further modified Category 3 of the 
existing standing announcement by removing services to victims of a 
severe form of trafficking in order to proceed with a new and separate 
announcement specifically aimed at promoting awareness about human 
trafficking and addressing the service needs of victims of a severe 
form of trafficking. That notice of modification was published in the 
Federal Register on February 8, 2002 (67 FR 6048).
    On May 24, 2002, ORR published an announcement in the Federal 
Register (67 FR 36622) seeking applications in three categories of 
activities: to provide local/community outreach and/or services to 
victims of a severe form of trafficking (category 1); to provide 
technical assistance and training (category 2); and to provide 
information discovery for a national outreach/education campaign 
(category 3). Due to the positive response from that grant 
announcement, ORR decided to provide additional funding in Fiscal Year 
2003 for category one activities ((to provide local/community outreach 
and/or services to victims of a severe form of trafficking)(67 FR 59855 
(September 24, 2002)).
    ORR intends to provide continuation funding, where appropriate, for 
trafficking grants awarded in FYs 2002 and 2003 for category 1 and 
category 2 grants. These grantees are continuing to provide benefits 
and services to victims of severe forms of trafficking who have 
certification and eligibility letters. As a result of the trafficking 
reauthorization, however, such benefits and services beginning on 
December 19, 2003, shall be provided to certain family members of 
trafficking victims who have received T visas and may also include 
services to assist potential victims of trafficking in achieving 
certification and to assist minor dependent children of victims of 
severe forms of trafficking in persons or potential victims of 
trafficking.
    While these grant opportunities helped to establish a network of 
service providers ready to assist victims of a severe form of 
trafficking, the pace of victim identification since passage of the 
TVPA has been slower than expected. The U.S. government estimates that 
18,000--20,000 victims are trafficked into the United States each year, 
yet fewer than 500 victims have been certified for benefits since 
passage of the TVPA. Some of the difficulties in getting victims to 
come forward were anticipated by Congress, as described in the Findings 
section, section 102(b)(20)) of the TVPA:

    (20) Because victims of trafficking are frequently unfamiliar 
with the laws, cultures, and languages of the countries into which 
they have been trafficked, because they are often subjected to 
coercion and intimidation including physical detention and debt 
bondage, and because they often fear retribution and forcible 
removal to countries in which they will face retribution or other 
hardship, these victims often find it difficult or impossible to 
report the crimes committed against them or to assist in the 
investigation and prosecution of such crimes.

    In order to increase the rate of victim identification, HHS has 
undertaken a public awareness campaign to promote awareness of the 
phenomenon of trafficking and of the programs available to aid victims 
of trafficking. As part of the campaign, ORR is sponsoring a 
trafficking information and referral hotline. Additionally, HHS now 
publishes the current announcement of a fourth category of trafficking 
grants, supporting outreach to populations among which trafficking 
victims are likely to be found, for the purpose of counseling victims 
to access the programs available to help them rebuild their lives while 
remaining in the United States. This category of grants differs from 
the category one grants, which supported generalized local/community 
outreach activities, because this category supports particularized 
direct outreach to target populations. ORR does not expect to publish 
any other trafficking grant opportunities during this fiscal year.

B. Program Purpose and Objectives

    The purpose of the Outreach to Victims of Human Trafficking grant 
program is to increase the identification of trafficking victims, as 
defined by the TVPA, and to encourage victims to leave their trafficked 
condition by counseling them on the programs available to assist 
victims, by alerting local law enforcement where appropriate, and by 
connecting the victims with a qualified service provider prepared to 
assist victims of trafficking. This grant program seeks to provide 
financial assistance to existing programs of outreach to populations 
among which victims of human trafficking may be found (whether or not 
current activities to such populations pertain to trafficking). It does 
not intend to support the initiation of a program by organizations not 
currently conducting such outreach. Populations among which victims of 
trafficking may be found include, but are not limited to: prostitutes, 
persons engaged in sex entertainment, migrant farmer workers,

[[Page 45831]]

domestic or household employees, low wage industrial or factory 
workers, janitors, restaurant employees, and immigrant populations 
generally.

C. Definitions

    These relevant definitions are taken from section 103 of the TVPA:
    (1) SEVERE FORMS OF TRAFFICKING IN PERSONS-The term `severe forms 
of trafficking in persons' means--
    (A) sex trafficking in which a commercial sex act is induced by 
force, fraud, or coercion, or in which the person induced to perform 
such act has not attained 18 years of age; or
    (B) the recruitment, harboring, transportation, provision, or 
obtaining of a person for labor or services, through the use of force, 
fraud, or coercion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery.
    (2) SEX TRAFFICKING--The term `sex trafficking' means the 
recruitment, harboring, transportation, provision, or obtaining of a 
person for the purpose of a commercial sex act.
    (3) COMMERCIAL SEX ACT--The term `commercial sex act' means any sex 
act on account of which anything of value is given to or received by 
any person.
    (4) VICTIM OF A SEVERE FORM OF TRAFFICKING--The term `victim of a 
severe form of trafficking' means a person subject to an act or 
practice described in paragraph (1).
    (5) COERCION--The term `coercion' means--
    (A) threats of serious harm to or physical restraint against any 
person;
    (B) any scheme, plan, or pattern intended to cause a person to 
believe that failure to perform an act would result in serious harm to 
or physical restraint against any person; or
    (C) the abuse or threatened abuse of the legal process.
    (6) DEBT BONDAGE--The term `debt bondage' means the status or 
condition of a debtor arising from a pledge by the debtor of his or her 
personal services or of those of a person under his or her control as a 
security for debt, if the value of those services as reasonably 
assessed is not applied toward the liquidation of the debt or the 
length and nature of those services are not respectively limited and 
defined.
    (7) INVOLUNTARY SERVITUDE--The term `involuntary servitude' 
includes a condition of servitude induced by means of--
    (A) any scheme, plan, or pattern intended to cause a person to 
believe that, if the person did not enter into or continue in such 
condition, that person or another person would suffer serious harm or 
physical restraint; or
    (B) the abuse or threatened abuse of the legal process.

D. Legislative Authority

    These grants are authorized by three provisions of law: section 
106(b) of the Trafficking Victims Protection Act of 2000 (TVPA)(22 
U.S.C. 7104(b)) as amended by section 4(a)(2)(B)(ii) of the Trafficking 
Victims Protection Reauthorization Act of 2003 (Pub. L. 108-193); 
section 107(b)(1)(B) of the TVPA; and section 412(c)(1)(A) of the 
Immigration and Nationality Act (INA)(8 U.S.C. 1522(c)(1)(A)).
    Section 106(b) of the TVPA provides: ``The President, acting 
through the Secretary of Labor, the Secretary of Health and Human 
Services, the Attorney General, and the Secretary of State, shall 
establish and carry out programs to increase public awareness, 
particularly among potential victims of trafficking, of the dangers of 
trafficking and the protections that are available for victims of 
trafficking.''
    Section 107(b)(1)(B) of the TVPA provides that ``the Secretary of 
Health and Human Services * * * shall expand benefits and services to 
victims of severe forms of trafficking in persons in the United States 
and aliens classified as a nonimmigrant under section 
101(a)(15)(T)(ii), without regard to the immigration status of such 
victims.'' The Reauthorization Act further amended this provision by 
adding, ``In the case of nonentitlement programs funded by the 
Secretary of Health and Human Services, such benefits and services may 
include services to assist potential victims of trafficking in 
achieving certification and to assist minor dependent children of 
victims of severe forms of trafficking in persons or potential victims 
of trafficking.'' This provision anticipates activities to assist 
victims prior to HHS certification, which would otherwise be required 
in order for victims to access most federally-funded benefits.
    Section 412(c)(1)(A) of the INA authorizes the Director ``to make 
grants to, and enter into contracts with, public or private nonprofit 
agencies for projects specifically designed--(i) to assist refugees in 
obtaining the skills which are necessary for economic self-sufficiency, 
including projects for job training, employment services, day care, 
professional refresher training, and other re-certification services; 
(ii) to provide training in English where necessary (regardless of 
whether the refugees are employed or receiving cash or other 
assistance); and (iii) to provide where specific needs have been shown 
and recognized by the Director, health (including mental health) 
services, social services, educational and other services.''

II. Award Information

    Funding Instrument Type: Grant.
    Anticipated Total Program Funding: $1,000,000 in FY2005.
    Anticipated Number of Awards: 15.
    Ceiling on Amount of Individual Awards: $150,000 per project 
period.
    An application received that exceeds the upper value of the dollar 
range specified will be considered ``non-responsive'' and be returned 
to the applicant without further review.
    Floor of Individual Award Amounts: None.
    Average Anticipated Award Amount: $70,000 per project period.
    Project Periods for Awards: These grants shall be for a project 
period of seventeen (17) months.

III. Eligibility Information

1. Eligible Applicants

    Public, private for-profit and private nonprofit organizations, 
including faith-based organizations, are eligible to apply for any of 
these grants. For-profit entities are eligible to apply, although HHS 
funds may not be paid as profit to any recipient even if the recipient 
is a commercial organization (45 CFR 74.81). Any private nonprofit 
organization submitting an application must submit proof of its status 
in its application at the time of submission. The nonprofit agency can 
accomplish this by providing any of the following:
    (a) A copy of the applicant's listing in the Internal Revenue 
Service's (IRS) most recent list of tax-exempt organizations described 
in the IRS code;
    (b) A copy of a currently valid IRS tax exemption certificate;
    (c) A statement from a State taxing body, State Attorney General or 
other appropriate State official certifying that the applicant 
organization has a nonprofit status and that none of the net earnings 
accrue to any private shareholders or individual;
    (d) A certified copy of the organization's certificate of 
incorporation or similar document that clearly establishes nonprofit 
status;
    (e) Any of the items in the subparagraphs immediately above for a 
State or national parent organization and a statement signed by the 
parent organization that the applicant organization is a local 
nonprofit affiliate.
Additional Eligibility Considerations
    The U.S. Government is opposed to prostitution and related 
activities,

[[Page 45832]]

which are inherently harmful and dehumanizing, and contribute to the 
phenomenon of trafficking in persons. U.S. non-governmental 
organizations, and their sub-grantees, cannot use U.S. Government funds 
to lobby for, promote or advocate the legalization or regulation of 
prostitution as a legitimate form of work. Foreign non-governmental 
organizations, and their sub-grantees, that receive U.S. Government 
funds to fight trafficking in persons cannot lobby for, promote or 
advocate the legalization or regulation of prostitution as a legitimate 
form of work. It is the responsibility of the primary grantee to ensure 
these criteria are met by its sub-grantees. Accordingly, the grant 
application must include certification that no monies, if awarded, will 
be used for these unallowable purposes.
    Applications must include copies of all written materials that will 
be provided to victims of severe forms of trafficking, including 
victims of sex trafficking, and these materials must be clear and 
appropriate. Materials not yet generated must be submitted to the 
project officer for review prior to reproduction. The application must 
include a clear and detailed description of services to be provided to 
victims of severe trafficking, including services to victims of sex 
trafficking.
Allowable Activities
    The purpose of this program is to support direct, person-to-person 
contact, information sharing, counseling and other communication 
between agents of the grant recipient and members of a specified target 
population `` among which victims of trafficking may be found. Any 
activity which is integral to the development and execution of 
opportunities for such direct interaction is potentially allowable, 
except for activities declared to be unallowable below. In addition, 
the collection, organization and analysis of information regarding 
places and facilities where trafficking victims may be held or 
exploited is allowable. It is anticipated that applicants will make 
current clients or contacts aware of the phenomenon of human 
trafficking, and will debrief them regarding their knowledge of the 
existence of trafficking victims among fellow members of the population 
being served by the grant applicant.
    Other examples of allowable activities include but are not limited 
to:
    a. Outreach teams that engage target populations in places of 
dwelling and in outdoor fora such as parks, street corners/sidewalks, 
agricultural facilities, and other places of congregation;
    b. Mobile canteens that bring food and personal sundries to members 
of a target population for the purpose of building rapport;
    c. Informational outreach in low-income and immigrant communities 
to counsel members about the availability of supportive services or 
health care opportunities, or to provide legal counseling;
    d. Ethnic-centered outreach efforts into particular immigrant 
populations for various other purposes (e.g., educational, community 
development).
    e. Other forms of on-site needs assessment and referral services, 
obviating the need for victims to make office visits.
    This grant announcement is not intended to support the provision of 
more than incidental material benefit to outreach clients. For example, 
mobile health clinics may present an appropriate outreach opportunity, 
but this grant announcement would not be an appropriate funding vehicle 
for the underlying medical services--just for the incremental costs of 
seeking out victims of trafficking among the population already being 
served. Neither is this grant announcement appropriate for funding 
direct benefits to the victims after identification and rescue.

2. Cost Sharing or Matching

    Cost sharing or matching funds are not required for applications 
submitted under this program announcement.

3. Other

    All applicants must have a Dun & Bradstreet number. On June 27, 
2003, the Office of Management and Budget published in the Federal 
Register a new Federal policy applicable to all Federal grant 
applicants. The policy requires Federal grant applicants to provide a 
Dun and Bradstreet Data Universal Numbering System (DUNS) number when 
applying for Federal grants or cooperative agreements on of after 
October 1, 2003. The DUNS number will be required whether an applicant 
is submitting a paper application or using the government-wide 
electronic portal (http://www.Grants.gov). A DUNS number will be 
required for every application for a new award or renewal/continuation 
of an award, including applications or plans under formula, entitlement 
and block grant programs, submitted on or after October 1, 2003.
    Please ensure that your organization has a DUNS number. You may 
acquire a DUNS number at no cost by calling the dedicated toll-free 
DUNS number request line at 1-866-705-5711 or you may request a number 
on-line at http://www.dnb.com.
    Applications that fail to follow the required format described in 
section IV.2 Content and Form of Application Submission will be 
considered non-responsive and will not be eligible for funding under 
this announcement.
    Applications that exceed the $150,000 ceiling will be considered 
non-responsive and will not be eligible for funding under this 
announcement.

IV. Application and Submission Information

1. Address To Request Application Package

    The program announcement and the application materials are 
available from either Antoinette Aqui or Emmett McGroarty, Office of 
Refugee Resettlement (ORR), 370 L'Enfant Promenade, SW., 6th Floor 
East, Washington, DC 20447, and from the ORR Web site at: http://www.acf.hhs.gov/programs/orr. For further information contact either 
Antoinette Aqui, (202) 401-4825, [email protected] or Emmett McGroarty, 
(202) 401-5525, [email protected].

2. Content and Form of Application Submission

    In order to be considered for a grant under this program 
announcement, an application must be submitted on the forms supplied 
and in the manner prescribed by ACF. An application with an original 
signature and two clearly identified copies are required. Applicants 
must clearly indicate on the SF 424 the grant announcement number under 
which the application is submitted.
    Application Forms--Applicants requesting financial assistance under 
this announcement must file the Standard Form (SF) 424, Application for 
Federal Assistance; SF 424A, Budget Information--Non-construction 
Programs; SF 424B, Assurances--Non-Construction Programs. The forms may 
be reproduced for use in submitting applications. Application materials 
including forms and instructions are also available from the Contact 
named in the preamble of this announcement.
    Private, non-profit organizations are encouraged to submit with 
their applications the survey located under ``Grant Related Documents 
and Forms'' titled ``Survey for Private, Non-Profit Grant Applicants'' 
at http://www.acf.hhs.gov/programs/ofs/forms.htm.
    Applicants have the option of omitting from the application copies

[[Page 45833]]

(not the original) specific salary rates or amounts for individuals 
specified in the application budget.
    You may submit your application to us in either electronic or paper 
format.
    To submit an application electronically, please use the http://www.Grants.gov apply site. If you use Grants.gov, you will be able to 
download a copy of the application package, complete it off-line, and 
then upload and submit the application via the Grants.gov site. You may 
not e-mail an electronic copy of a grant application to us.
    Please note the following if you plan to submit your application 
electronically via Grants.gov
     Electronic submission is voluntary.
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation. We strongly recommend that you 
do not wait until the application deadline date to begin the 
application process through Grants.gov.
     To use Grants.gov, you, as the applicant, must have a DUNS 
Number and register in the Central Contractor Registry (CCR). You 
should allow a minimum of five days to complete the CCR registration.
     You will not receive additional point value because you 
submit a grant application in electronic format, nor will we penalize 
you if you submit an application in paper format.
     You may submit all documents electronically, including all 
information typically included on the SF 424 and all necessary 
assurances and certifications.
     Your application must comply with any page limitation 
requirements described in this program announcement.
     After you electronically submit your application, you will 
receive an automatic acknowledgement from Grants.gov that contains a 
Grants.gov tracking number. The Administration for Children and 
Families will retrieve your application from Grants.
     We may request that you provide original signatures on 
forms at a later date.
     You may access the electronic application for this program 
on http://www.Grants.gov.
     You must search for the downloadable application package 
by the CFDA number.
    Certifications, Assurances, And Disclosure Required For Non-
Construction Programs--Applicants must sign and return the disclosure 
form, if applicable, with their applications. Applicants requesting 
financial assistance for non-construction projects must file the 
Standard Form 424B, ``Assurances: Non-Construction Programs.'' 
Applicants must sign and return the Standard Form 424B with their 
applications.
    Applicants must provide a signed certification regarding lobbying 
with their applications, when applying for an award in excess of 
$100,000. Applicants who have used non-federal funds for lobbying 
activities in connection with receiving assistance under this 
announcement shall complete a disclosure form to report lobbying.
    Private non-profit organizations may voluntarily submit with their 
applications the survey located under ``Grant Related Documents and 
Forms'' titled ``Survey for Private, Non-Profit Grant Applicants'' at 
http://www.acf.hhs.gov/programs/ofs/forms.htm.
    The applicant must specify the metropolitan statistical area (MSA) 
in which activities will be conducted, and each application should be 
for activities in a single MSA, although multiple applications are 
welcome.
    Length of Applications--Each application narrative should not 
exceed 10 pages in a 12-pitch font. Attachments and appendices should 
not exceed 25 pages and should be used only to provide supporting 
documentation such as administration charts, position descriptions, 
resumes, and letters of intent or partnership agreements. A table of 
contents and a project summary/abstract should be included but will not 
count in the page limitations. Organizations are encouraged to provide 
annual reports, which similarly will not be counted toward the page 
limit. Each page should be numbered sequentially, including the 
attachments and appendices. This limitation of 10 pages should be 
considered as a maximum, and not necessarily a goal. Application forms 
are not to be counted in the page limit.
    Please do not include books or videotapes as they are not easily 
reproduced and are, therefore, inaccessible to the reviewers.

3. Submission Dates and Times

    The closing time and date for receipt of applications is 4:30 p.m. 
eastern standard time (e.s.t.) on September 28, 2004.
    Mailed or hand carried applications received after 4:30 p.m. on the 
closing date will be classified as late.
    Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are either received on or before the 
deadline time and date at the: U.S. Department of Health and Human 
Services, Administration for Children and Families, Office of Grants 
Management, Division of Discretionary Grants, Attention: Sylvia 
Johnson, 370 L'Enfant Promenade, SW., 4th Floor, Washington, DC 20447. 
Applicants are responsible for mailing applications well in advance to 
ensure that applications are received on or before the deadline time 
and date.
    Applications hand carried by applicants, applicant couriers, other 
representatives of the applicant, or by overnight/express mail couriers 
shall be considered as meeting an announced deadline if they are 
received on or before the deadline date, between the hours of 8 a.m. 
and 4:30 p.m., e.s.t., to the U.S. Department of Health and Human 
Services, Administration for Children and Families, Division of 
Discretionary Grants, at the ACF Mailroom, 2nd Floor (near loading 
dock), Aerospace Center, 901 D Street, SW., Washington, DC 20024, 
between Monday and Friday (excluding Federal holidays). This address 
must appear on the envelope/package containing the application with the 
note ``Attention: Sylvia Johnson.'' Applicants are cautioned that 
express/overnight mail services do not always deliver as agreed.
    ACF cannot accommodate transmission of applications by fax.
    Late applications: Applications which do not meet the criteria 
above are considered late applications. ACF shall notify each late 
applicant that its application will not be considered in the current 
competition.
    Extension of deadlines: ACF may extend application deadlines when 
circumstances such as acts of God (floods, hurricanes, etc.) occur, or 
when there are widespread disruptions of mail service, or in other rare 
cases. A determination to extend or waive deadline requirements rests 
with the Chief Grants Management Officer.

----------------------------------------------------------------------------------------------------------------
          What to submit               Required content        Required form or format        When to submit
----------------------------------------------------------------------------------------------------------------
SF424, SF424a, SF424B............  Per required form......  May be found at http://       By application due
                                                             www.acf.hhs.gov/program/ofs/  date.
                                                             forms.htm.

[[Page 45834]]

 
Project Summary/Abstract.........  Summary of application   One page limit..............  By application due
                                    request.                                               date.
Project Description..............  Responsiveness to        Format described in Review    By application due
                                    evaluation criteria.     and Selection section.        date
                                                             Limit 10 pages. Size 12
                                                             font, 1'' margins..
Certification Regarding Lobbying   Per required form, if    May be found at http://       By application due
 and Disclosure of Lobbying         application for          www.acf.hhs.gov/program/ofs/  date.
 Activities.                        $100,000 or more.        forms.htm.
----------------------------------------------------------------------------------------------------------------

Additional Forms

    Private non-profit organizations are encouraged to submit with 
their applications the survey located under ``Grant Related Documents 
and Forms'' titled ``Survey for Private, Non-Profit Grant Applicants'' 
at http://www.acf.hhs.gov/programs/ofs/forms.htm.

--------------------------------------------------------------------------------------------------------------------------------------------------------
         What to submit                  Required content                   Required form or format                          When to submit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Survey for Private, Non-profit   Per Required Form..............  http://www.acf.hhs.gov/programs/ofs/         By application due Date.
 Grant Applicants.                                                 forms.htm.
--------------------------------------------------------------------------------------------------------------------------------------------------------

4. Intergovernmental Review

State Single Point of Contact (SPOC)
    This program is covered under Executive Order (E.O.) 12372, 
``Intergovernmental Review of Federal Programs'', and 45 CFR part 100, 
``Intergovernmental Review of Department of Health and Human Services 
Programs and Activities''. Under the Order, States may design their own 
processes for reviewing and commenting on proposed Federal assistance 
under covered programs.
    As of October 2003, of the most recent SPOC list, the following 
jurisdictions have elected not to participate in the Executive Order 
process. Applicants from these jurisdictions or for projects 
administered by federally-recognized Indian Tribes need take no action 
in regard to E.O. 12372: Alabama, Alaska, Arizona, Colorado, 
Connecticut, Hawaii, Idaho, Indiana, Kansas, Louisiana, Massachusetts, 
Minnesota, Montana, Nebraska, New Jersey, New York, Ohio, Oklahoma, 
Oregon, Palau, Pennsylvania, South Dakota, Tennessee, Vermont, 
Virginia, Washington and Wyoming.
    Although the jurisdictions listed above no longer participate in 
the process, entities which have met the eligibility requirements of 
the program are still eligible to apply for a grant even if a State, 
Territory, Commonwealth, etc. does not have a SPOC. All remaining 
jurisdictions participate in the Executive Order process and have 
established SPOCs. Applicants from participating jurisdictions should 
contact their SPOCs as soon as possible to alert them of the 
prospective applications and receive instructions. Applicants must 
submit any required material to the SPOCs as soon as possible so that 
the program office can obtain and review SPOC comments as part of the 
award process. The applicant must submit all required materials, if 
any, to the SPOC and indicate the date of this submittal (or the date 
of contact if no submittal is required) on the Standard Form 424, item 
16a. Under 45 CFR 100.8(a) (2), a SPOC has 60 days from the application 
deadline to comment on proposed new or competing continuation awards.
    SPOCs are encouraged to eliminate the submission of routine 
endorsements as official recommendations. Additionally, SPOCs are 
requested to clearly differentiate between mere advisory comments and 
those official State process recommendations which may trigger the 
``accommodate or explain'' rule.
    When comments are submitted directly to ACF, they should be 
addressed to: Department of Health and Human Services, Administration 
for Children and Families, Division of Discretionary Grants, 370 
L'Enfant Promenade, SW., Washington, DC 20447.
    The official list, including addresses, of the jurisdictions 
elected to participate in E.O. 12372 can be found on the following URL: 
http://www.whitehouse.gov/omb/grants/spoc.html.

5. Funding Restrictions

    The applicant must specify the metropolitan statistical area (MSA) 
in which activities will be conducted, and each application should be 
for activities in a single MSA, although multiple applications are 
welcome.
Non-Allowable Activities
    Funds will not be awarded to applicants for the purpose of engaging 
in activities of a distinctly political nature, activities designed 
exclusively to promote the preservation of a specific cultural 
heritage, or activities with an international objective (e.g., 
activities related to events in the refugees' country of origin). 
Pursuant to the policies of the U.S. government, no funds awarded under 
this announcement may be used by recipient organizations or by their 
sub-grantees to lobby for, promote or advocate the legalization or 
regulation of prostitution as a legitimate form of work.
    No funds may be used to engage in illegal activities or in 
activities which give the impression of an intent to engage in illegal 
activities. No funds may be used to engage in inherently law 
enforcement type activities, such as surveillance or undercover 
detection. Outreach agents of the grant applicant may choose to use a 
name other than their own in the conduct of outreach activities, but 
they may not intentionally deceive others regarding the purpose and 
intent of their activities. Grant recipients must respect all 
applicable property rights in the conduct of their outreach. In the 
case of activities conducted at a place of public accommodation, grant 
recipients must comply with requirements made of other patrons. No 
funds may be used to patronize or otherwise benefit prostitution or sex 
entertainment establishments. No funds may be used for the purchase or 
distribution of contraceptives.

6. Other Submission Requirements

    Electronic Address to Submit Applications: http://www.Grants.gov.
    Submission by Mail: Mailed applications shall be considered as 
meeting an announced deadline if they are received on or before the 
deadline time and date at the U.S. Department of

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Health and Human Services, Administration for Children and Families, 
Division of Discretionary Grants, Attention: Sylvia Johnson, 370 
L'Enfant Promenade, SW., 4th Floor, Washington, DC 20447. Applicants 
are responsible for mailing applications well in advance, when using 
all mail services, to ensure that the applications are received on or 
before the deadline time and date.
    Hand Delivery: Applications hand carried by applicants, applicant 
couriers, other representatives of the applicant, or by overnight/
express mail couriers shall be considered as meeting an announced 
deadline if they are received on or before the deadline date, between 
the hours of 8 a.m. and 4:30 p.m., e.s.t., to the U.S. Department of 
Health and Human Services, Administration for Children and Families, 
Division of Discretionary Grants, at the ACF Mailroom, 2nd Floor (near 
loading dock), Aerospace Center, 901 D Street, SW., Washington, DC 
20024, between Monday and Friday (excluding Federal holidays). This 
address must appear on the envelope/package containing the application 
with the note ``Attention: Sylvia Johnson.'' Applicants are cautioned 
that express/overnight mail services do not always deliver as agreed. 
ACF cannot accommodate transmission of applications by fax.
    Electronic Submission: Please see Section IV. 2. Content and Form 
of Application Submission, for guidelines and requirements when 
submitting applications electronically.

V. Application Review Information

1. Criteria

The Paperwork Reduction Act of 1995 (Pub. L. 104-13)
    Public reporting burden for this collection of information is 
estimated to average 25 hours per response, including the time for 
reviewing instructions, gathering and maintaining the data needed and 
reviewing the collection information. The project description is 
approved under OMB control number 0970-0139. An agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.
    Effective applications will clearly explain how the receipt of a 
grant under this announcement will allow the organization to expand its 
existing outreach activities so as to identify and assist victims of 
trafficking among a specific population which is the object of outreach 
activities. Applications should clearly describe the population which 
will be targeted for outreach, and in which metropolitan statistical 
area activities will be conducted. Each application should be for 
program activities in a single metropolitan statistical area, although 
any organization may submit more than one application.
    The following are instructions and guidelines on how to prepare the 
``project summary/abstract'' and ``full project description.'' The 
project description provides a major means by which an application is 
evaluated and ranked to compete with other applications for available 
assistance. The project description should be concise and complete and 
should address the activity for which federal funds are being 
requested. Supporting documents should be included where they can 
present information clearly and succinctly. Applicants are encouraged 
to provide information on their organizational structure, staff, 
related experience, and other information considered relevant. Awarding 
offices use this and other information to determine whether the 
applicant has the capability and resources necessary to carry out the 
proposed project. It is important, therefore, that this information be 
included in the application. However, in the narrative the applicant 
must distinguish between resources directly related to the proposed 
project from those that will not be used in support of the specific 
project for which funds are requested.
    The project summary/abstract is a concise description of the 
proposed project, including such factors as the location of the project 
(defined as a single MSA), the target population toward which outreach 
activities will be directed, the nature of the proposed outreach 
activities, and a brief description of the organization's experience 
with such outreach.
    It is recommended that the full project description address these 
considerations:

Approach

    The full project description should include a statement of the 
overall strategy and a detailed plan, including a clear description of 
how funds awarded under this announcement will be utilized to expand 
current outreach activities for the purpose of identifying victims of 
trafficking. The statement should justify the expectation that 
trafficking victims will be identified as the result of this expansion 
of activities. The nature of activities to be directed at victims of 
trafficking should be clearly described and some quantification of 
these activities provided. The plan should make clear how the proposed 
activities will be accomplished.
    The project description should provide a plan for providing vital 
services to newly-liberated victims of trafficking, which may utilize 
other organizations (including current ORR trafficking program grantees 
and faith-based organizations) for service provision. Although funds 
for this program are not intended to provide such direct services, this 
plan will provide evidence that the applicant has carefully thought 
through the care of identified victims. Where partner organizations are 
proposed for this purpose, evidence of the partner's commitment is 
recommended, i.e., by Memoranda of Understanding (MOUs) or similar 
documentation.
    The project description should also provide a plan for liaison with 
local law enforcement agencies, so that the activities of the applicant 
will not interfere with local law enforcement actions, nor take local 
law enforcement agencies by surprise (the creation of an advisory 
committee which includes representatives of local and federal law 
enforcement agencies is an example of an appropriate mechanism for this 
purpose). And the plan should describe precautions to be taken to 
minimize the risk of physical harm of outreach workers.

Objectives and Need

    The full project description should clearly describe the population 
currently being served through outreach activities, and explain the 
expectation that trafficking victims may be identified within that 
population. The nature of the current outreach program should be 
clearly described, and the expected incremental increase in activities 
attributable to a grant award described as well.

Results or Benefits Expected

    The full project description should articulate the results and 
benefits to be achieved with quantifiable measures of success, and 
should explain how the award of funds are expected to impact these key 
indicators. Project outcomes should be proposed which are measurable 
and achievable within the grant project period; monitoring and 
information collection related to anticipated outcomes should be 
described.

Organizational Profiles

    The administrative and management features of the project, 
including a plan for fiscal and programmatic management of each 
activity and

[[Page 45836]]

planning activities, should be described in some detail with proposed 
start-up times, ongoing timelines, major milestones or benchmarks, a 
component/project organization chart, management of affiliates, and a 
staffing chart of an affiliate network. The qualifications of the 
organization, based on previous relevant experience, should be 
provided, and the expertise of project staff, both of the applicant and 
of affiliate agencies, as well as any volunteers, should be documented.

Budget and Budget Justification

    A line item budget should be provided on the budget information 
form. This budget should be accompanied as necessary by a narrative 
justification, and should be reasonable, clearly presented, and cost-
effective in relation to the proposed activities and anticipated 
results. The budget narrative should describe how awarded funds will 
complement current outreach activities, and detail how the proposed 
outreach activities benefit from financial efficiencies or sunk costs 
of the existing outreach program. Planning for continuation of 
activities beyond the project period should be addressed.

2. Evaluation Criteria

Criterion One: Approach (Maximum 35 Points)
    Factors:
    Quality of the project plan (25 points)
    Applications will be evaluated on the basis of a statement of 
strategy and a detailed plan, considering how funds awarded under this 
announcement will be utilized to expand current outreach activities for 
the purpose of identifying victims of trafficking. The likelihood of 
trafficking victims being identified as the result of this expansion of 
activities will be assessed. The clarity of the proposed activities and 
the reasonableness and feasibility of proposed activities and 
timeframes will be considered.
    Protocol for Service Provision to Victims (5 points)
    Applications will be evaluated for quality of consideration of how 
vital services will be provided to newly-liberated victims of 
trafficking, which may utilize other organizations (including current 
ORR trafficking program grantees and faith-based organizations) for 
service provision.
    Protocol for Liaison with Law Enforcement Agencies (5 points)
    Applications will be evaluated for existence and quality of a plan 
for liaison with local law enforcement agencies, so that the activities 
of the applicant will complement and not interfere with local law 
enforcement actions. Applications will be assessed for precautions to 
be taken to minimize the risk of physical harm of outreach workers.
Criterion Two: Objectives and Need (Maximum 20 Points)
    Evaluations on this criterion will focus on the population proposed 
to be served through outreach activities (presumed to be a population 
currently being served by the applicant), and the justification 
provided for the expectation that trafficking victims will be 
identified within that population. The appropriateness of the current 
outreach for that population will also be considered.
Criterion Three: Results or Benefits Expected (Maximum 20 Points)
    Applications will be evaluated for results and benefits expected to 
be achieved. In particular, the incremental impact of grant funding 
will be assessed in terms of the outcomes proposed. The degree to which 
intended outcomes are quantifiable and achievable will be considered. 
The quality of the proposed mechanism for measuring outcomes will be 
considered.
Criterion Four: Organizational Profiles (Maximum 10 Points)
    Evidence of the organizational capability to achieve the proposed 
outcomes will be assessed under this criterion. Such capability is 
demonstrated by prior relevant experience, and by administrative and 
management features of the project, including a plan for fiscal and 
programmatic management of each activity and planning activities, are 
described in detail with proposed start-up times, ongoing timelines, 
major milestones or benchmarks, a component/project organization chart, 
management of affiliates, and a staffing chart of an affiliate network. 
Capability is also demonstrated through the presentation of 
qualifications of project staff, both applicant and affiliate agencies, 
as well as any volunteers.
Criterion Five: Budget and Budget Justification (Maximum 15 Points)
    Applications will be evaluated for the degree to which the line 
item budget and narrative justification are reasonable, clearly 
presented, and cost-effective in relation to the proposed activities. 
Consideration will also be given to synergies between the proposed 
grant and current activities, including the degree to which proposed 
outreach activities benefit from financial efficiencies or sunk costs 
of the existing outreach program.

3. Review and Selection Process

    Initial ACF Screening--Each application submitted under this 
program announcement will undergo a pre-review to determine that (1) 
the application was received by the closing date and submitted in 
accordance with the instructions in this announcement; and (2) the 
applicant is eligible for funding.
    Competitive Review and Evaluation Criteria: Applications which pass 
the initial ACF screening will be evaluated and rated by an independent 
review panel on the basis of evaluation criteria specified in Part I. 
The evaluation criteria were designed to assess the quality of a 
proposed project and to determine the likelihood of its success. The 
evaluation criteria are closely related and are considered as a whole 
in judging the overall quality of an application. Points are awarded 
only to applications that are responsive to the evaluation criteria 
within the context of this program announcement.
    Selection of Grant Recipients: In general, the most highly rated 
applications will be funded first, to the extent of available funds. 
However, the Director of ORR reserves the right to award less or more 
than the funds described in this announcement. In the absence of worthy 
applications, the Director of ORR may decide not to make an award if 
this is deemed in the best interests of the government. The Director of 
ORR reserves the right to award grants after taking into consideration 
the geographic distribution of eligible recipients. The Director of ORR 
does not intend to award more than one grant per metropolitan 
statistical area for any particular target population, and the Director 
of ORR may insure that a grant is awarded for certain high priority 
metropolitan statistical areas. These high priority metropolitan 
statistical areas are those expected to have substantial trafficking 
activity, and are: Atlanta, Baltimore, Chicago, Dallas, Detroit, 
Fresno, Greensboro/Winston-Salem, Las Vegas, Los Angeles, Miami, 
Milwaukee, Minneapolis/St. Paul, New York, Newark, Orlando, 
Philadelphia/Camden, Phoenix, Portland, San Diego, San Francisco, 
Seattle, Tampa/St. Petersburg, and Washington DC. Funding availability 
for future years is at the Director's discretion.
    Approved but Unfunded Applications: In cases where more 
applications are approved for funding than ACF can fund with the money 
available, the Grants Officer shall fund

[[Page 45837]]

applications in their order of approval until funds run out. In this 
case, ACF has the option of carrying over the approved applications up 
to a year for funding consideration in a later competition of the same 
program. These applications need not be reviewed and scored again if 
the program's evaluation criteria have not changed. However, they must 
then be placed in rank order along with other applications in the later 
competition.

VI. Award Administration Information

1. Award Notices

    The successful applicants will be notified through the issuance of 
a Financial Assistance Award document which sets forth the amount of 
funds, granted, the terms and conditions of the grant, the effective 
date of the grant, the budget period for which initial support will be 
given, the non-Federal share to be provided, and the total project 
period for which support is contemplated. The Financial Assistance 
Award will be signed by the Grants Officer and transmitted via postal 
mail.
    Organizations whose applications will not be funded will be 
notified in writing.

2. Administrative and National Policy Requirements

    45 CFR part 74 or 45 CFR part 92.

3. Reporting Requirements

    Programmatic Reports: Semi-annually, with a final report due 90 
days after the end of the grant period.
    Financial Reports: Semi-annually, with a final report due 90 days 
after the end of the grant period (using SF-269).

VII. Agency Contacts

    Program Office Contact: Mr. Emmett McGroarty, Office of Refugee 
Resettlement, ACF, 370 L'Enfant Promenade, SW., 6th Floor East, 
Washington, DC 20447, 202.401.5525, e-mail: [email protected].
    Grants Management Office Contact: Ms. Sylvia Johnson, 
Administration for Children and Families, Office of Grants Management, 
Division of Discretionary Grants, 370 L'Enfant Promenade, SW., 4th 
Floor, Washington, DC 20447, 202.401.4524, e-mail: 
[email protected].

VIII. Other Information

    Additional information about the Trafficking in Persons Program can 
be found on our Web site, http://www.acf.hhs.gov/trafficking.

    Dated: June 29, 2004.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement, Administration for Children & 
Families, U.S. Department of Health and Human Services.
[FR Doc. 04-17340 Filed 7-29-04; 8:45 am]
BILLING CODE 4184-01-P