[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31478-31483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10782]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. FV02-2005]


Family Violence Prevention and Services Program

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

ACTION: Notice of the availability of funding to Native American Tribes 
(including Alaska Native Villages) and Tribal organizations for family 
violence prevention and services (FVPS).

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SUMMARY: This announcement governs the proposed award of formula grants 
under the Family Violence Prevention and Services Act to Native 
American Tribes (including Alaska Native Villages) and Tribal 
organizations. The purpose of these grants is to assist Tribes in 
establishing, maintaining, and expanding programs and projects to 
prevent family violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents.
    This announcement sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in fiscal year (FY) 2005. Grantees are to be mindful that 
although the expenditure period for grants is a two-year period, an 
application is required every year to provide continuity in the 
provision of services. (See General Grant Requirements For Tribes Or 
Tribal Organizations B. Expenditure Periods).
    C.F.D.A. Number: 93.671, Family Violence Prevention and Services.

DATES: Applications for FY 2005 Tribes (including Alaska Native 
Villages) and Tribal Organizations grant awards meeting the criteria 
specified in this instruction should 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, Attn: William Riley, 330 C Street, SW., Room 
2117, Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT:  Shena Williams at (202) 205-9532 or 
e-mail at [email protected]; William D. Riley at (202) 401-5529 or 
e-mail at [email protected]; or Sunni Knight at (202) 401-5319 or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Annual Tribal Grantee Conference

    Family Violence Prevention and Services Act (FVPSA) administrators 
should plan to attend the annual Tribal Grantee Conference. A 
subsequent Program Instruction and/or Information Memorandum will 
advise the Tribal FVPSA 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 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 (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 during FY 2004 in accordance with the Act for 
support of services to children and youth affected by domestic 
violence. It is projected that additional stamp 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.

The Importance of Coordination of Services

    The impact of family and intimate violence include physical injury 
and 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,

[[Page 31479]]

increased fear, reduced mobility and employability, homelessness, 
substance abuse, and a host of other health and related mental health 
consequences.
    The physical and cultural obstacles existing in much of Indian 
country compound the basic dynamics of domestic violence. Barriers such 
as the isolation of vast rural areas, the concern for safety in 
isolated settings, and the transportation requirements over long 
distances, heighten the need for the coordination of the services 
through an often limited delivery system.
    It is estimated that between 12 percent and 35 percent of injured 
women visiting emergency rooms are there because of battery. In a 
project intended to broaden the reach of the Native American domestic 
violence community, the Indian Health Service (IHS) and FVPSA have 
collaborated to oversee the development of domestic violence community 
projects. These projects are designed to develop improved health care 
responses to domestic violence and to facilitate collaboration between 
the local health care system and local American Indian and Alaskan 
Native domestic violence advocacy programs. In this effort, the IHS 
also is collaborating with representatives of Mending the Sacred Hoop, 
Cangleska, Inc., and the Family Violence Prevention Fund to provide 
training, technical assistance, and oversight to the pilot projects.
    To help bring about a more effective response to the problem of 
domestic violence, the Department of Health and Human Services (HHS) 
urges Tribes And Tribal organizations, receiving funds under this grant 
announcement, to coordinate activities under this grant with other new 
and existing resources for the prevention of family and intimate 
violence.

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, 
was amended in 1992 by Pub. L. 102-295, in 1994 by Pub. L. 103-322, in 
1996 by Pub. L. 104-235, and in 2000 by the Victims of Trafficking and 
Violence Protection Act (Pub. L. 106-386). The Act was most recently 
amended by the ``Keeping Children and Families Safe Act of 2003'' (Pub. 
L. 108-36).
    The purpose of this legislation is to assist States and Tribes or 
Tribal organizations in supporting the establishment, maintenance, and 
expansion of programs and projects to prevent incidents of family 
violence and to provide immediate shelter and related assistance for 
victims of family violence and their dependents.
    During FY 2004, 224 grants were made to States and Tribes or Tribal 
organizations. The Department also made 53 family violence prevention 
grant awards to non-profit State domestic violence coalitions.
    In addition, the Department supports the Domestic Violence Resource 
Center Network (DVRN). The DVRN consists of the National Resource 
Center for Domestic Violence (NRC) and four Special Issue Resource 
Centers (SIRCs). The SIRCs are the Battered Women's Justice Project, 
the Resource Center on Child Custody and Protection, the Resource 
Center for the Elimination of Domestic Violence Against Native Women 
(Sacred Circle), 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 NDVH 
is a 24-hour, toll-free service that provides crisis assistance, 
counseling, and local shelter referrals to women across the country. 
Hotline counselors also are available for non-English speaking persons 
and for people who are hearing-impaired. The hotline number is 1-800-
799-SAFE; the TDY number for the hearing impaired is 1-800-787-3224. As 
of August 31, 2003, the National Domestic Violence Hotline had answered 
over one million calls.

B. Funds Available

    For FY 2005, the Department of Health and Human Services will make 
available for grants to designated State agencies seventy 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). In this separate announcement, the Department will allocate 
10 percent of the foregoing appropriation to the Tribes and Tribal 
organizations for the establishment and operation of shelters, safe 
houses, and the provision of related services. The Department also 
plans to make 10 percent of the foregoing appropriation available to 
State domestic violence coalitions to continue their work within the 
domestic violence community by providing technical assistance and 
training, and advocacy services among other activities with local 
domestic violence programs and to encourage appropriate responses to 
domestic violence within the States.
    Five 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) will be available in FY 2005 to continue the 
support for the National Resource Center and the four Special Issue 
Resource Centers. Additional funds appropriated under the FVPSA will be 
used to support other activities, including training and technical 
assistance, collaborative projects with advocacy organizations and 
service providers, data collection efforts, public education 
activities, research and other demonstration projects, as well as the 
ongoing operation of the National Domestic Violence Hotline.

C. Native American Tribal Allocations

    Native American Tribes and Tribal organizations are eligible for 
funding under this program if they meet the definition of ``Indian 
tribe'' or ``tribal organization'' at 25 U.S.C. 450b, and if they are 
able to demonstrate their capacity to carry out a family violence 
prevention and services programs.
    Any Tribe that believes it meets the eligibility criteria should 
provide supportive documentation in its application and a request for 
inclusion on the list of eligible tribes. (See Application Requirements 
for Tribes or Tribal Organizations.)
    In computing Tribal allocations, we will use the latest available 
population figures from the Census Bureau. Where Census Bureau data are 
unavailable, we will use figures from the BIA Indian Population and 
Labor Force Report.
    Because section 304 of the Act specifies a minimum base amount for 
State allocations, we have set a base amount for 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.
    Due to the expanded interest in the prevention of family violence 
and in the provision of services to victims of family violence and 
their dependents, we have received an increasing number of tribal 
applications over the past several years. In order to ensure the 
continuance of an equitable distribution of family violence prevention 
and

[[Page 31480]]

services funding in response to the increased number of tribes that 
apply, we have adjusted the funding formula for the allocation of 
family violence funds.
    Tribes that meet the application requirements and whose reservation 
and surrounding Tribal Trust Lands'' population is:
     Less than or equal to 1,500 will receive a minimum base 
amount of $1,500;
     Greater than 1,500 but less than 3,001 will receive a 
minimum base amount of $3,000;
     Between 3,001 and 4,000 will receive a minimum base amount 
of $4,000; and,
     Between 4,001 and 5,000 will receive a minimum base amount 
of $5,000.
    The minimum base amounts are computed in relation to the Tribe's 
population and the progression of an additional $1,000 per 1,000 
persons in the population range continues until the Tribe's population 
reaches 50,000.
    Tribes with a population of 50,000 to l00,000 will receive a 
minimum of $50,000; and Tribes with a population of 100,001 to 150,000 
will receive a minimum of $100,000.
    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. We have accounted 
for the variance in actual population and scope of the Family Violence 
and Services Programs with the distribution of a proportional amount 
plus a base amount to the Tribes. Under the previous allocation plan, 
we did not have a method by which to consider the variance in tribal 
census counts. As in previous year Tribes are encouraged to apply as 
consortia for the family violence prevention and services funding.

General Grant Requirements for Tribes or Tribal Organizations

A. Definitions

    Tribes and Tribal organizations should use the following 
definitions in carrying out their programs. The definitions are found 
in section 320 of the Family Violence Prevention and Services 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) Indian Tribe and Tribal organization: Have the same meanings 
given such terms in section 450b of Title 25.
    (3) 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.
    (4) 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) Prevention services such as outreach and prevention services 
for victims and their children, assistance to children who witness 
domestic violence, employment training, parenting, and other 
educational services for victims and their children, preventive health 
services within domestic violence programs (including services 
promoting nutrition, disease prevention, exercise, and prevention of 
substance abuse), domestic violence prevention programs for school age 
children, family violence public awareness campaigns, and violence 
prevention counseling services to abusers;
    (b) Counseling with respect to family violence, counseling or other 
supportive services by peers individually or in groups, and referral to 
community social services;
    (c) Transportation, technical assistance with respect to obtaining 
financial assistance under Federal and State programs, and referrals 
for appropriate health-care services (including alcohol and drug abuse 
treatment), but shall 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, and children who witness domestic violence.

B. Expenditure Periods

    The FVPSA funds may be used for expenditures on and after October 1 
of each fiscal year for which they are granted, and will be available 
for expenditure through September 30 of the following fiscal year, 
i.e., FY 2005 funds may be used for expenditures from October 1, 2004 
through September 30, 2006.
    Reallotted funds, if any, are available for expenditure until the 
end of the fiscal year following the fiscal year that the funds became 
available for reallotment. FY 2005 grant funds which are made available 
to Tribes and Tribal organizations through reallotment must be expended 
by the grantee no later than September 30, 2006.

C. Reporting Requirements

    A performance report must be filed 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 sub-grantee that performed the direct services contemplated 
in the application certifying performance of such services. Consortia 
grantees should compile performance reports into a comprehensive report 
for submission.
    The Performance Report should include the following data elements:
    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.
    Shelters--The number of shelters and shelter programs (safe homes/
motels, etc.) assisted by FVPSA program funding. Data elements should 
include:
     The number of shelters.
     The number of women sheltered.
     The number of young children sheltered (birth-12 years of 
age).
     The number of teenagers and young adults (13-17 years of 
age).
     The number of men sheltered.
     The number of the elderly serviced.
     The average length of stay.
     The number of women, children, teens, and others who were 
turned away because shelter was unavailable.
     The number of women, children, teens, and others who were 
referred to other shelters due to lack of space.
    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:
     The elderly.
     Individuals with physical challenges.

[[Page 31481]]

     And other special needs populations.
    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:
     Individual counseling.
     Services to Children.
     Crisis intervention/hotline.
     Information and referral.
     Batterers support services.
     Legal advocacy services.
     Transportation.
     Services to teenagers.
     Child Care.
     Training and technical assistance.
     Housing advocacy.
     Other innovative program activities.
    Volunteers--List the total number of volunteers and hours worked.
    Identified Abuse--Indicate (if available) the number of women, 
children, and men who were identified as victims of physical, sexual, 
and/or emotional abuse.
    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.)
     Physical abuse.
     Alcohol abuse.
     Drug abuse.
     Batterer intervention services.
     Child abuse.
     Witnessed abuse.
     Emergency medical intervention.
     Law enforcement intervention.
     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: 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 Tribe or Tribal organization were 
addressed; and what special emphases were placed on these activities;
     A description of the specific services and facilities that 
your program funded, contracted with, or otherwise used in the 
implementation of your program, e.g., shelters, safe houses, related 
assistance, programs for batterers;
     An assessment of the effectiveness of the direct service 
activities contemplated in the application;
     A description of how the needs of under-served 
populations, including those persons geographically isolated were 
addressed; and
     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 Tribes and Tribal organizations are due on 
an annual basis at the end of the calendar year (December 29). 
Performance 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.

D. Financial Status Reports

    All grantees are reminded that 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: http://www.whitehouse.gov/omb/grants/grantsforms.html.

Application Requirements for Tribes and Tribal Organizations

A. Eligibility

    As described above, Tribes and Tribal organizations are eligible 
for funding under this program if they meet the definition ``Indian 
tribe'' or ``tribal organization'' set forth in section 450B of Title 
25 and if they are able to demonstrate their capacity to carry out a 
family violence prevention and services program.
    Any Tribe or Tribal organization 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, Tribes may apply singularly or as a 
consortium. In addition, a non-profit private organization, approved by 
a Tribe for the operation of a family violence shelter or program on a 
reservation is eligible for funding.
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 (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 on 1-866-705-5711 or you may request a number 
on-line at http://www.dnb.com.

B. Approval/Disapproval of a Tribal or Tribal Organization Application

    The Secretary will approve any application that meets the 
requirements of the Act and this announcement The Secretary will not 
disapprove an application except after reasonable notice of the 
Secretary's intention to disapprove has been provided to the applicant 
and after a 6-month period providing an opportunity for 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. Application Content Requirements

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 application from the Tribe or Tribal organization must be 
signed by the Chief Executive Officer or Tribal Chairperson of the 
applicant organization.
    (1) The name of the organization or agency and the Chief Program 
Official

[[Page 31482]]

designated as responsible for administering funds under the Act and 
coordinating related programs, 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 or agency has the authority to submit an application on 
behalf of the individuals in the Tribe(s) and to administer programs 
and activities funded under this program (section 303(b)(2)).
    (3) A description of the procedures designed to involve 
knowledgeable individuals and interested organizations in providing 
services under the Act (section 303(b)(2)). For example, knowledgeable 
individuals and interested organizations may include: Tribal officials 
or social services staff involved in child abuse or family violence 
prevention, Tribal law enforcement officials, representatives of State 
coalitions against domestic violence, and operators of family violence 
shelters and service programs.
    (4) A description of the applicant's operation of and/or capacity 
to carry out a family violence prevention and services program. This 
might be demonstrated in ways such as the following:
    (a) The current operation of a shelter, safe house, or family 
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 family 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 applicant 
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.
    (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 
(section 303(a)(2)(E)).
    (7) The EIN number of the applicant organization submitting the 
application.

D. 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% of the funds distributed 
shall be used to provide related assistance (section 303(g)).
    (b) That any grants made to an entity other than a State or Tribe 
will meet the matching requirements in section 303(f), i.e., not less 
than 20 percent of the total funds provided for a project under Chapter 
110 of Title 42 of the U.S. Code 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 chapter (section 303(f)).
    (c) 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(d)).
    (d) 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(e)).
    (e) 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)).
    (f) That a law or procedure has been implemented for the eviction 
of an abusing spouse from a shared household (section 303(a)(2)(F)).
    (g) That all grants, programs or other activities funded by the 
State in whole or in part with funds made available under the FVPSA 
will prohibit discrimination on the basis of age, handicap, sex, race, 
color, national origin or religion (section 307).
    (h) That the applicant will comply with the applicable Departmental 
recordkeeping and reporting requirements and general requirements for 
the administration of grants under 45 CFR Part 92.

Other Information

A. Notification Under Executive Order 12372

    The review and comment provisions of the Executive Order and Part 
100 do not apply. Federally-recognized Tribes are exempt from all 
provisions and requirements of E.O. 12372.

B. 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 Web site at: http://www.os.dhhs.gov/fbci/waisgate21.pdf.

C. Required Certifications

    All applications must submit or comply with the required 
certifications found in the Appendices as follows:
    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 Pub. L. 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.


[[Page 31483]]


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

Appendices: Required Certifications

A. Certification Regarding Lobbying
B. Certification 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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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 
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. 05-10782 Filed 5-31-05; 8:45 am]
BILLING CODE 4184-01-P