[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31483-31487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10781]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. FV03-2005]


Family Violence Prevention and Services Program

AGENCY: Family and Youth Services Bureau, Administration on Children, 
Youth and Families (ACYF), Administration for Children and Families 
(ACF), Department of Health and Human Services (HHS).

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

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SUMMARY: This announcement governs the proposed award of formula grants 
under the Family Violence Prevention and Services Act (FVPSA) to 
private non-profit State domestic violence coalitions. The purpose of 
these grants is to assist in the conduct of activities to promote 
domestic violence intervention and prevention and to increase public 
awareness of domestic violence issues.
    This announcement sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in fiscal year (FY) 2005.
    C.F.D.A. Number: 93.591, Family Violence Prevention and Services
    Due Dates: Applications for FY 2005 State domestic violence 
coalition grant awards meeting the criteria specified in this 
instruction must be received no later than July 1, 2005.

ADDRESSES: Applications should be sent to, Family and Youth Services 
Bureau, Administration on Children, Youth, and Families, Administration 
for Children and Families, Attention: William D. Riley, 330 C Street, 
SW., Room 2117, Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT: William D. Riley at (202) 401-5529 or 
e-mail at [email protected], or Beverly Fletcher at (202) 205-8437 or 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This notice for family violence prevention 
and services grants to State domestic violence coalitions serves two 
purposes. The first is to confirm a Federal commitment to reducing 
family and intimate partner violence and the second purpose is to urge 
States, localities, cities, and the private sector to become involved 
in State and local planning towards an integrated service delivery 
approach.

Annual State Domestic Violence Coalition Grantee Conference

    State Coalitions should plan to send one or more representatives to 
the annual grantee conference. A subsequent Program Instruction and/or 
Information Memorandum will advise State Coalition administrators of 
the date, time, and location of their grantee conference.

Client Confidentiality

    FVPSA programs must establish or implement policies and protocols 
for maintaining the safety and confidentiality of the victims of 
domestic violence, sexual assault, and

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stalking. It is essential that the confidentiality of adult victims and 
their children receiving FVPSA services be protected. Consequently, 
when providing statistical data on program activities, individual 
identifiers of client records will not be used (See section 
303(a)(2)(E)).

Stop Family Violence Postal Stamp

    The U.S. Postal Service was directed by the ``Stamp Out Domestic 
Violence Act of 2001'' (the Act), Public Law 107-67, to make available 
a ``semipostal'' stamp to provide funding for domestic violence 
programs. Funds raised in connection with sales of the stamp, less 
reasonable costs, have been transferred to the U.S. Department of 
Health and Human Services in accordance with the Act during FY 2004 for 
support of services to children and youth affected by domestic 
violence. It is projected that additional revenues will be received 
during FY 2005. Subsequent to the receipt of the stamp proceeds, a 
program announcement will be issued providing guidance and information 
on the process and requirements for awards to programs providing 
services to children and youth.

Survey for Private Non-Profit Grant Applicants

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

State Coalition Grant Application Requirements

    This section includes application requirements for family violence 
prevention and services grants for State domestic violence coalitions 
and is organized as follows:

Application Requirements

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

A. Legislative Authority

    Title III of the Child Abuse Amendments of 1984, (Pub. L. 98-457, 
42 U.S.C. 10401, et seq.) is entitled the Family Violence Prevention 
and Services Act (the Act). The Act was first implemented in FY 1986, 
was amended in 1992 by Public Law 102-295, in 1994 by Public Law 103-
322, in 1996 by Public Law 104-235, and in 2000 by the Victims of 
Trafficking and Violence Protection Act, Public Law 106-386. The Act 
was most recently amended by the Keeping Children and Families Safe Act 
of 2003 (Pub. L. 108-36).

B. Background

    Section 311 of the Act authorizes the Secretary to award grants to 
statewide private non-profit State domestic violence coalitions to 
conduct activities to promote domestic violence intervention and 
prevention and to increase public awareness of domestic violence 
issues.

C. Eligibility

    To be eligible for grants under this program announcement, an 
organization shall be designated as a statewide, private, non-profit, 
domestic violence coalition meeting the following criteria:
    (1) The membership of the coalition includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the State (a State domestic violence coalition may include 
representatives of Indian Tribes and Tribal organizations as defined in 
the Indian Self-Determination and Education Assistance Act);
    (2) The Board membership of the coalition is representative of such 
programs;
    (3) The purpose of the coalition is to provide services, community 
education, and technical assistance to domestic violence programs in 
order to establish and maintain shelter and related services for 
victims of domestic violence and their children; and
    (4) In the application submitted by the coalition for the grant, 
the coalition provides assurances satisfactory to the Secretary that 
the coalition:
    (A) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial entities in the 
preparation of the application; and
    (B) Will actively seek and encourage the participation of such 
entities in the activities carried out with the grant (section 
311(5)(A)).
Additional Information on Eligibility
    All applicants must have a Dun & Bradstreet Universal Numbering 
System (DUNS) 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 all 
Federal grant applicants to provide a Dun & Bradstreet Data Universal 
Numbering System (DUNS) number when applying for Federal grants or 
cooperative agreements on or 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 (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 on 1-866-705-5711 or you may request a number 
on-line at http://www.dnb.com.

D. Funds Available

    The Department will make ten percent of the amount appropriated 
under section 310(a)(1) of the Family Violence Prevention and Services 
Act which is not reserved under section 310(a)(2), available for grants 
to the State-designated, statewide, domestic violence coalitions. One 
grant each will be available for the State domestic violence coalitions 
of the 50 states, the Commonwealth of Puerto Rico, and the District of 
Columbia. The domestic violence coalitions of the U.S. Territories 
(Guam, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, 
and Trust Territory of the Pacific Islands) are also eligible for 
domestic violence coalition grant awards.

E. Expenditure Period

    The FVPSA funds may be used for expenditures on or after October 1 
of each fiscal year for which they are granted and will be available 
for expenditure through September 30 of the following fiscal year, 
i.e., FY 2005 funds may be used for expenditures from October 1, 2004 
through September 30, 2006.

F. Reporting Requirements

    The State domestic violence coalition grantee must submit an annual 
report of activities describing the coordination, training and 
technical assistance, needs assessment, and comprehensive planning 
activities carried out. Additionally, the coalition must report on the 
public information and education services provided; the activities 
conducted in conjunction with judicial and law enforcement agencies; 
the actions conducted in conjunction with other agencies such as the 
state child

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welfare agency; and any other activities undertaken under this grant 
award. The annual report also must provide an assessment of the 
effectiveness of the grant-supported activities.
    The annual report is due 90 days after the end of the fiscal year 
in which the grant is awarded, i.e., December 29. Annual reports should 
be sent to Family and Youth Services Bureau, Administration on 
Children, Youth and Families, Administration for Children and Families, 
Attn: William Riley, 330 C Street, SW., Room 2117, Washington, DC 
20447.
    Please note that section 303(a)(4) of the FVPSA requires the 
Department to suspend funding for an approved application if any 
applicant fails to submit an annual performance report or if the funds 
are expended for purposes other than those set forth under this 
announcement.
    All State domestic violence coalition grantees are reminded that 
the annual Financial Status Reports (Standard Form SF-269A) are due 90 
days after the end of each Federal fiscal year. The first SF-269A is 
due December 29, 2005. The final SF-269A is due December 29, 2006. 
Completed reports should be sent to: Gregory Kenyon, Division of 
Mandatory Grants, Office of Grants Management, Office of 
Administration, Administration for Children and Families, 370 L'Enfant 
Promenade SW., Washington, DC 20447. Standard Form 269A can be found at 
the following URL: http://www.whitehouse.gov/omb/grants/grants_forms.html.

G. Application Requirements

Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (Pub. L. 104-13)
    Public reporting burden for this collection of information is 
estimated to average 6 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-
0280 which expires October 31, 2005. 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.
    The State domestic violence coalition application must be signed by 
the Executive Director of the Coalition or the official designated as 
responsible for the administration of the grant. The application must 
contain the following information:
    We have cited each requirement to the specific section of the law.
    1. A description of the process and anticipated outcomes of 
utilizing these federal funds to work with local domestic violence 
programs and providers of direct services to encourage appropriate 
responses to domestic violence within the State, including--
    Training and technical assistance for local programs and managers 
working in the field:
    (a) Planning and conducting State needs assessments and planning 
for comprehensive services;
    (b) Serving as an information clearinghouse and resource center for 
the State; and
    (c) Collaborating with other governmental systems that affect 
battered women (section 311(a)(1)).
    2. A description of the public education campaign regarding 
domestic violence to be conducted by the coalition through the use of 
public service announcements and informative materials that are 
designed for print media; billboards; public transit advertising; 
electronic broadcast media; and other forms of information 
dissemination that inform the public about domestic violence, including 
information aimed at underserved racial, ethnic or language-minority 
populations (Section 311(a)(4)).
    3. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with judicial and law 
enforcement agencies concerning appropriate responses to domestic 
violence cases and an examination of related issues.
    4. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with Family Law Judges, 
Criminal Court Judges, Child Protective Services agencies, Child 
Welfare agencies, Family Preservation and Support Service agencies, and 
children's advocates to develop appropriate responses to child custody 
and visitation issues in domestic violence cases and in cases where 
domestic violence and child abuse are both present. The anticipated 
outcomes and a description of other activities in support of the 
general purpose of furthering domestic violence intervention and 
prevention (section 311(a)(3)).
    5. The following documentation will certify the status of the 
domestic violence coalition and must be included in the grant 
application:
    (a) A description of the procedures developed between the State 
domestic violence agency and the statewide coalition that allow for 
implementation of the following cooperative activities:
    (i) The participation of the State domestic violence coalition in 
the planning and monitoring of the distribution of grants and grant 
funds provided in the State (section 311(a)(5); and
    (ii) The participation of the State domestic violence coalition in 
compliance activities regarding the State's family violence prevention 
and services program grantees (sections 303 (a)(2)(C) and (a)(3)).
    (b) Unless already on file at HHS, a copy of a currently valid 
501(c)(3) certification letter from the Internal Revenue Service 
stating private, non-profit status; or a copy of the applicant's 
listing in the Internal Revenue's Services (IRS) most recent list of 
tax-exempt organizations described in section 501(c)(3) of the IRS 
code; or
    (c) A copy of the articles of incorporation bearing the seal of the 
State in which the corporation or association is domiciled;
    (d) A current list of the organizations operating programs for 
victims of domestic violence programs in the State and the applicant 
coalition's current membership list by organization;
    (e) A list of the applicant coalition's current Board of Directors, 
with each individual's organizational affiliation and the Chairperson 
identified;
    (f) A copy of the resume of any coalition or contractual staff to 
be supported by funds from this grant and/or a statement of 
requirements for staff or consultants to be hired under this grant; and
    (g) A budget narrative which clearly describes the planned 
expenditure of funds under this grant.
    6. Required Documentation and Assurances ( included in the 
application as an appendix)
    (a) The applicant coalition must provide documentation in the form 
of support letters, memoranda of agreement, or jointly signed 
statements, that the coalition:
    (i) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial organizations in the 
preparation of the grant application (section 311(b)(4)(A)); and
    (ii) Will actively seek and encourage the participation of such 
organizations in grant funded activities (section 311(b)(4)(B)).
    (b) The applicant coalition must provide a signed statement that 
the coalition will not use grant funds, directly or indirectly, to 
influence the issuance, amendment, or revocation of any executive order 
or similar legal

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document by any Federal, State or local agency, or to undertake to 
influence the passage or defeat of any legislation by the Congress, or 
any State or local legislative body, or State proposals by initiative 
petition, except where representatives of the State domestic violence 
coalition are testifying or making other appropriate communications 
except: When formally requested to do so by a legislative body, a 
committee, or a member of such organization (section 311(d)(1)); or in 
connection with legislation or appropriations directly affecting the 
activities of the State domestic violence coalition or any member of 
the coalition (section 311(d)(2)).
    (c) The applicant coalition must provide a signed statement that 
the State domestic violence coalition will prohibit discrimination on 
the basis of age, handicap, sex, race, color, national origin or 
religion (section 307).
    (d) That the applicant will comply with Departmental requirements 
for the administration of grants under 45 CFR Part 74--Uniform 
Administrative Requirements for Awards and Subawards to Institutions of 
Higher Education, Hospitals, Other Non-profit Organizations and 
Commercial Organizations.

H. Executive Order 12372

    This program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs'' for State plan 
consolidation and simplification only--45 CFR 100.12. The review and 
comment provisions of the Executive Order and Part 100 do not apply.

I. Administrative and National Policy Requirements

    Grantees are subject to the requirements in 45 CFR Part 74 (non-
governmental) and 45 CFR Part 92 (governmental).
    Direct Federal grants, sub-award funds, or contracts under this 
Family Support Initiative 2005 program shall not be used to support 
inherently religious activities such as religious instruction, worship, 
or proselytization. Therefore, organizations must take steps to 
separate, in time or location, their inherently religious activities 
from the services funded under this Program. Regulations pertaining to 
the Equal Treatment For Faith-Based Organizations, which includes the 
prohibition against Federal funding of inherently religious activities, 
can be found at either 45 CFR 87.1 or the HHS website at: http://www.os.dhhs.gov/fbci/waisgate21.pdf.

J. Certifications

    Applicants must comply with the required certifications found at 
the Appendices:
    Anti-Lobbying Certification and Disclosure Form must be signed and 
submitted with the application (See Appendix A): Applicants must 
furnish prior to award an executed copy of the Standard Form LLL, 
Certification Regarding Lobbying, 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, if applicable, with 
their applications (approved by the Office of Management and Budget 
under control number 0348-0046). Applicants should sign and return the 
certification with their application.
    Certification Regarding Environmental Tobacco Smoke (See Appendix 
B): Applicants must also understand they will be held accountable for 
the smoking prohibition included within Public Law 103-227, Title XII 
Environmental Tobacco Smoke (also known as the PRO-KIDS Act of 1994). A 
copy of the Federal Register notice which implements the smoking 
prohibition is included with forms. By signing and submitting the 
application, applicants are providing the certification and need not 
mail back the certification with the application.
    These certifications also may be found at: http://www.acf.hhs.gov/programs/ofs/forms.htm.

    Dated: May 24, 2005.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.

Appendices: Required Certifications Anti-Lobbying and Disclosure; 
Regarding Environmental Tobacco Smoke

Appendix A--Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge 
and belief, that:
    (1) No Federal appropriated funds have been paid or will be 
paid, by or on behalf of the undersigned, to any person for 
influencing or attempting to influence an officer or employee of an 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with the awarding 
of any Federal contract, the making of any Federal grant, the making 
of any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan, or cooperative agreement, the undersigned shall complete and 
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards 
at all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all 
subrecipients shall certify and disclose accordingly. This 
certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $10,000 and not 
more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with this 
commitment providing for the United States to insure or guarantee a 
loan, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions. Submission of this statement is a prerequisite for 
making or entering into this transaction imposed by section 1352, 
title 31, U.S. Code. Any person who fails to file the required 
statement shall be subject to a civil penalty of not less than 
$10,000 and not more than $100,000 for each such failure.
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Organization

Appendix B--Certification Regarding Environmental Tobacco Smoke

    Public Law 103227, Part C Environmental Tobacco Smoke, also 
known as the Pro Children Act of 1994 (Act), requires that smoking 
not be permitted in any portion of any indoor routinely owned or 
leased or contracted for by an entity and used routinely or 
regularly for provision of health, day care, education, or library 
services to children under the age of 18, if the services are funded 
by Federal programs either directly or through State or local

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governments, by Federal grant, contract, loan, or loan guarantee. 
The law does not apply to children's services provided in private 
residences, facilities funded solely by Medicare or Medicaid funds, 
and portions of facilities used for inpatient drug or alcohol 
treatment. Failure to comply with the provisions of the law may 
result in the imposition of a civil monetary penalty of up to $1000 
per day and/or the imposition of an administrative compliance order 
on the responsible entity. By signing and submitting this 
application the applicant/grantee certifies that it will comply with 
the requirements of the Act.
    The applicant/grantee further agrees that it will require the 
language of this certification be included in any subawards which 
contain provisions for the children's services and that all 
subgrantees shall certify accordingly.

[FR Doc. 05-10781 Filed 5-31-05; 8:45 am]
BILLING CODE 4184-01-P